13 Animal Ordinances discussion
Amarillo Animal Control
Friday, July 28,2006
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ORDINANCES
Vicious Dog
Dangerous dogs fall under provisions of state law
as well as city ordinance. The Texas Health and
Safety Code defines a dangerous dog as one who,
in a place other than a dog's enclosure, makes an
unprovoked attack that causes bodily injury, or
causes a reasonable person to believe that the dog
will attack. In addition to the normal requirements
for dog ownership, the owner or harborer of a
dangerous dog must register the dog as a
dangerous dog, restrain the dog at all times on a
leash or in a secure enclosure, and obtain liability insurance of at least ~
UN KS
Municipal Code Animal Laws
Chapter 8-2: Animals and Fowl
http://library.municode.com/mcc/DocView 111818/1/113 1115
Texas Health and Safety Code
http://www.dshs.state.tx.us/region 1/ default.shtm
Scroll down to Title 10 Health and Safety of Animals
Texas Parks and Wildlife
http:j jwww.tpwd.state.tx.usj
Department of State Health Services
http://www.dshs.state.tx.us/regionl
L
ANIMAL CONTROL
3501 S. Osage
Amarillo, Texas 79103
Email: acinfo@ci.amarillo.tx.us
h Up ://www.amarilloanimalcontro1.com/ordinance.htm
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ARTICLE 1. IN GENERAL
Page 1 0[8
ARTICLE I. IN GENERAL
Sec. 8-2-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal: Any live, nonhuman, vertebrate creature, be it domestic, wild, Livestock, reptile, or
other.
At Large: Any Animal not restrained, including without limitation Domestic, Wild, and Livestock
animals as defined herein and Estrays as defined in state law.
Animal Control officer: (a) An employee of the City of Amarillo Animal Control Department
authorized to enforce all ordinances and state laws pertaining to the ownership, care, and management
of animals by exercising lawful authority to issue citations, notices of violation, and seizing animals, and
obtaining warrants or court orders pertaining to animals; (b) any Texas peace officer acting to enforce
this chapter or state laws pertaining to animals.
Dangerous Animal: Any animal shall be deemed dangerous upon the occurrence of any of the
following events:
(1) An unprovoked attack on a person causing bodily injury by an animal outside a
secure enclosure in which the animal is kept;
(2) An unprovoked attack of aggression by an animal outside a secure enclosure which
causes a person to reasonably believe the animal will attack and cause bodily injury;
(3) Certification by a Doctor of Veterinary Medicine that an animal poses a danger to
human life, animal life, or property based on a reasonable medical probability after
observation.
Domestic Animal: Those Animals which are naturally tame and gentle or which, by long
association with man, have become thoroughly domesticated and are now reduced to such a state of
subjection to his will that they no longer possess the disposition or inclination to escape. This definition
specifically includes household pets, such as dogs and cats and, Domestic barnyard animals such as a
duck, chicken, Goose, pigeon, guinea, rabbit, other bird or fowl, and miniature animals.
Kennel: Any place where five (5) or more Animals, not wild, livestock, or estray, over the age of
four (4) months, are raised, trained, boarded, harbored or kept. A farm, ranch, horse lot private or
commercial, private stable, veterinary clinic, animal hospital and an animal pound as defined in the
Zoning Ordinance are specifically excluded from this definition.
Livestock: Any species or family of bovine, ox, cattle, swine, pig, horse, equine, tapir, elephant,
deer, or antelope; other grass or plant-eating single or c1oven-hooved mammals, (whether indigenous
to this state or not); any species or family of emu, ostrich or any other animal (not listed in this
ordinance as Domestic or Wild) which may be raised for human consumption in the United States of
America; and, any animal designated or defined by state law as an Estray when straying or at large.
Miniature Animals: Those Animals, not wild or livestock, which when fully grown do not exceed
eighteen (18) inches in height at shoulder level and weight no more than ninety (90) pounds are
considered to be miniature.
Owner: Any person who owns, keeps, harbors, controls (physically or by verbal or hand
commands), feeds, shelters or aids any Animal; or any person who is the owner's agent left in charge
of an Animal or any person who states that he will be responsible for an Animal.
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ARTICLE I. IN GENERAL
Page 2 of8
Restrain: Any Animal shall be deemed to be restrained when it is:
(1) Confined on the Premises of the Owner within a fenced enclosure, capable of
confining the Animal;
(2) Fastened or picketed by a lead, rope or chain so as to keep the Animal on the
Premises;
(3) Under the control of a person by a leash;
(4) Within a vehicle being driven or parked;
(5) At heel and obedient to oral command.
Wild Animal: Those Animals of a wild nature or disposition so as to require to be reclaimed and
made tame by art, industry or education, or else must be kept in confinement to be brought within the
immediate control of the owner. Without limiting the general definition just stated, this term specifically
includes poisonous reptiles, a wolf hybrid, or any non-Domestic animal whose normal body weight at
maturity is typically fifteen (15) pounds or more.
(Code 1960, S 4-1; Ord. No. 5585, S 2, 4-8-86; Ord. No. 5929, S 1,10-15-91; Ord. No. 5990, S 1,12-
15-92; Ord. No. 6591, S 1,4-16-2002)
Cross references: Definitions to apply throughout Code, S 1-2-1.
Sec. 8-2-2. Reserved.
Editor's note: Ord. No. 6859, S 1, adopted Oct. 18, 2005, repealed S 8-2-2, which pertained to
interference with animal control department and derived from Code 1960, S 4-4; Ord. No. 5585, S 2,
adopted Apr. 8, 1986; Ord. No. 6591, S 1, adopted Apr. 16, 2002.
Sec. 8-2-3. Records.
It shall be the duty of the Animal Control Department to keep, or cause to be kept, accurate and
detailed records of the following:
(1) Impounding and disposition. Impoundment and disposition of all Animals coming
into its custody. Such records shall be kept for a period of at least three (3) years and
shall give the description of all Animals impounded, date of impounding, date of sale or
other disposition, the amount realized for such Animal and the name and address of the
purchaser.
(2) Bite cases. All bite cases reported to it and its investigation of same.
(3) Monies received. All monies received under the provisions of this chapter. Such
records shall be open to inspection at reasonable times by persons responsible for
similar records of the City, and shall be audited by the City Auditor annually in the same
manner as other City records are audited.
(Code 1960, S 4-5; Ord. No. 5585, S 2, 4-8-86)
Sec. 8-2-4. Fees.
(a) Impoundment fees. Any Animal impounded under the provisions of this chapter may be
reclaimed by the owner or person taking custody of such Animal upon complying with section 8-
2-54 of this chapter and payment of the following fees based upon Owner impoundment records
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ARTICLE 1. IN GENERAL
Page 3 of8
within a two-year period:
(1) Impoundment of any Animal [except (2) and (3) below]:
a. First impoundment. . . $15.00
b. Second impoundment. . . 30.00
c. Third impoundment and thereafter. . . 40.00
(2) Impoundment of Livestock: Double the fees listed in (1), per head.
(3) Daily care fees (excluding first day of impoundment): $5.00 per day.
(b) Humane society adoption fees. For adoption of any Animal pursuant to section 8-2-55(a)
(3), per head, per five-day impoundment period or fraction thereof, the fee shall be five dollars
($5.00).
(c) Other fees:
(1) Rabies or erysipelas vaccination fee, pursuant to section 8-2-8 (veterinarian
receipt). . . $10.00
(2) Reserved.
Editor's note: Formerly subsection (2) pertained to cremation request fee. Such subsection was
amended by Ord. No. 6591, ~ 1, adopted Apr. 16, 2002.
(3) Bite Animal, impoundment and observation, 10 days. . . $70.00
(4) Dead Animal pickups, veterinary clinics:
a. Per first two (2) bags. . . 5.00
b. Each additional bag. . . 2.50
(5) Request pathological examination. . . 30.00
(d) Computation of boarding day: For fee charge computation purposes, each boarding day
shall begin at 12:01 p.m. The daily fee rate shall be applicable when an Animal is kept for any
portion of a day.
(Code 1960, ~~ 4-30--4-32; Ord. No. 5585, ~ 2, 4-8-86; Ord. No. 5675, ~ 1,4-14-87; Ord. No. 5794, ~
1,3-21-89; Ord. No. 5990, ~ 2,12-15-92; Ord. No. 6142, ~ 1, 3-30-95; Ord. No. 6406, ~ 1, 3-23-99;
Ord. No. 6591, ~ 1,4-16-2002)
Sec. 8-2-5. Nuisance animals.
(a) It shall be unlawful for any person to own or maintain an Animal in such a manner as to
constitute a public nuisance. The following acts shall constitute a public nuisance:
(1) Failure to restrain an Animal;
Cross references: Penalty exception, ~ 1-1-5(d).
(2) Damage to property caused by an Animal.
(3) Maintaining a Domestic Animal or Livestock in an unsanitary environment which
shall include but not be limited to the failure to remove urine and feces daily from the
confinement area to minimize the breeding of flies and rodents (Ord. No. 5929, ~ 2, 10-
15-91 );
(4) Permitting an Animal to bark, whine, howl, crow, cackle or make any other noise
which causes annoyance or interference with the reasonable use and enjoyment of a
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ARTICLE 1. IN GENERAL
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Premises;
Cross references: Penalty exception, 91-1-5(d).
(5) Herding of Animals along or upon any Public Right-of-way, except by any officer,
agent or employee of the federal, State or local government or agency thereof, if such
herding is done in the performance of his official duties;
(6) The maintenance of a Kennel in violation of Chapter 4-10.
(b) It shall be a nuisance and unlawful for any person to keep swine within the limits of the City,
except for the keeping of swine under direct supervision by and upon the premises of public and
private schools, fairs, or livestock shows and with the exception of Miniature pigs, in which case
no more than two (2) Miniature pigs (no litters) may be kept as pets in anyone (1) household.
Miniature pigs shall be spayed or neutered on or before the age of three (3) months. No adult
male Miniature pig may be kept under this provision unless his tusks have been surgically
removed.
(c) All Domestic Animals authorized to be kept shall be confined to the Premises of the Owner
or custodian of such Domestic Animal, and it shall be unlawful for any person to allow such
Domestic Animal to run or fly at large, or go upon the Premises of another person, or to allow
any shelter or cage for any animal to be located in violation of applicable Building Setback
Lines, as set forth in the Zoning Ordinance. No Domestic Animal, other than a dog or cat, shall
be kept within a Front Yard in a one-family ortwo-family Dwelling District as these terms are
defined in the Zoning Ordinance.
(d) It shall be a nuisance and unlawful for the Owner or custodian of any Animal which has
been killed or died, and which is not intended as food for human consumption, to permit or
suffer any such dead Animal to remain upon any Premises.
(e) It shall be a nuisance and unlawful to keep any Livestock within the city limits unless such
Animal is kept in a horse lot lot (private or commercial), or other use as authorized in the Zoning
Ordinance. For purposes of this subsection, the term "livestock" shall include horses, donkeys,
mules, goats, sheep and other Animals of the ox kind or bovine species.
(f) It shall be unlawful to keep more than twelve (12) fowl or poultry, in an area of one-half acre
or less, within or adjacent to a location zoned for residential use.
(Code 1960, S 4-2; Ord. No. 5585, S 2, 4-8-86; Ord. No. 5990, S 3,12-15-92; Ord. No. 6591, S 1,4-16-
2002)
Sec. 8-2-6. Inhumane treatment.
It is unlawful and a violation of this article to cruelly treat an animal, as defined in Texas Penal
Code S 42.09. Upon discovering or being notified by any person that an Animal is or may be cruelly
treated as prescribed by Texas Penal Code S 42.09, or successor statute, an Animal Control Officer
shall investigate such charges. If probable cause is found for an allegation of cruelty to an animal, then
the Animal Control Officer may issue a citation for violation of this ordinance, or refer the matter to the
county attorney for prosecution in county court, or seize the animal pursuant to Texas Health and
Safety Code chapter 821, or a combination of these. The Animal Control Officer shall follow Texas
Health and Safety Code chapter 821 or successor statute, as it relates to hearings, seizure and
disposition of such allegedly cruelly treated Animal. The remedies for inhumane or cruel treatment of
animals under this ordinance. Texas Penal Code S 42.09, or Texas Health and Safety Code chapter
821, are cumulativeand the use of one does not preclude use of another in a given case.
(Code 1960, S 4-3; Ord. No. 5585, S 2, 4-8-86; Ord. No. 6406, S 1, 3-23-99; Ord. No. 6591, S 1, 4-16-
2002)
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Sec. 8-2-7. Striking animal with vehicle; setting traps; artificially coloring animals.
(a) Any person who, as the operator of a motor vehicle, strikes a Domestic Animal or Livestock
shall immediately report such injury or death to the Animal's Owner. If the Owner is unavailable,
then such report shall be made to either the animal control department, Amarillo police, or
county sheriff. It is an offense to fail to immediately make the report required of this subsection.
In a prosecution of an offense under this section, it is presumed that the registered owner of the
motor vehicle that is the subject of the prosecution is the person who was driving the vehicle at
the time and place the offense occurred.
(b) No person shall expose an open trap or metal jaw trap that shall be liable to injure any
Domestic Animal or person.
(c) No person shall dye, color or otherwise artificially color any rabbit, baby chick, duckling or
Domestic Animal, or offer for sale any such dyed, colored or otherwise artificially colored
Domestic Animal.
(Code 1960, 94-6; Ord. No. 5585, 9 2, 4-8-86; Ord. No. 6591, 91, 4-16-2002)
Sec. 8-2-8. Vaccination.
No person shall own, keep or harbor a dog, cat, or Miniature pig (over the age of (3) months),
within the City limits unless the dog or cat shall have been vaccinated with antirabies vaccine and the
Miniature pig shall have been vaccinated for erysipelas, by a licensed veterinarian. Miniature pigs shall
be so vaccinated, at one-year intervals, from the initial date of first vaccination. As a minimum, dogs
and cats shall be so vaccinated at the ages and intervals specified by regulations, as amended, of
theTexas Department of Health or its successor agency.
(Code 1960, 94-7; Ord. No. 5585,92,4-8-86; Ord. No. 5990, 94,12-15-92; Ord. No. 6406, 91,3-23-
99; Ord. No. 6591, 91, 4-16-2002; Ord. No. 6667, 91, 8-11-2003)
Cross references: Penalty exception, ~ 1-1-5(d).
Sec. 8-2-9. Vaccination tag.
Upon complying with the vaccination provisions of this chapter, there shall be issued to the
Owner a numbered metallic tag stamped with the number and expiration year. Dogs and cats shall at
all times wear the rabies vaccination tag issued to that animal. The Owner or person in possession of a
Miniature pig may not keep such Animal within the City of Amarillo without being able to provide proof
of vaccination required by this chapter.
(Code 1960,94-8; Ord. No. 5585, 9 2, 4-8-86; Ord. No. 5990, 95,12-15-92; Ord. No. 6591, 91,4-16-
2002; Ord. No. 6667, ~ 2,8-11-2003)
Cross references: Penalty exception, 9 1-1-5(d).
Sec. 8-2-10. Dangerous animals.
(a) As a public safety requirement. It shall be unlawful for any person to keep or harbor any
dangerous dog animal within the corporate limits of the City of Amarillo without complying with
the Texas Health and Safety Code, ~ 822.042, as amended, whether the animal be a dog or of
another species.
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ARTICLE 1. IN GENERAL
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(b) Complaint. When a person reports a dangerous animal to the animal control authorities,
the authorities shall investigate the report and notify the owner of the report. The animal control
authority shall obtain a sworn written statement from at least one witness, describing at a
minimum: the animal, the facts of the complaint, identity of any other known witness, and other
information necessary or helpful to the investigation.
(c) Investigation. The animal control authorities shall conclude the investigation no longer than
ten (10) days after receipt of the report or sworn statement, which ever occurs later. Upon
completion of investigation the animal control authorities shall either:
(1) Close the case if it is determined that the report or complaint is unsubstantiated; or
(2) Refer the case to the Animal Control Board for a hearing, if the report or complaint
is substantiated.
(d) Seizure pending disposition. Upon sworn application of the animal control authorities or a
peace officer stating probable cause that the animal is dangerous and there is some reason to
believe that the animal may endanger other persons before the investigation and any hearings
or appeals can be completed, then a municipal court judge may issue a warrant authorizing the
animal control authorities or peace officer to: (i) retain the animal if it has been captured at large
or, (ii) enter the grounds of a building or dwelling to seize the animal and detain same, until
disposition of the investigation and any hearing and appeal. The warrant shall not authorize
entry inside a residential dwelling or building.
(e) Notice. When a case is referred to the Animal Control Board for a hearing, then the animal
control authorities will notify the animal's owner of the date, time, place and subject of the
hearing. The notice shall be given not less than ten (10) days prior to the date of the hearing,
excluding date of the hearing. Notice is adequate when a copy is timely served to the owner by
any of the following methods: certified mail to the owner's last known address (return receipt
requested); or personal service; or securely affixing a copy to the front door of the owner's
residence or place of business. When certified mail is used, the animal control authorities shall
add an additional three days to the notice period.
(f) Hearing. The Animal Control Board shall then hear the complaint and the dog owner's
defense, if any. After hearing the facts, the Animal Control Board shall determine whether the
animal is considered a dangerous animal. When the animal is determined to be dangerous, then
the animal's owner shall comply with State law requirements concerning dangerous dogs,
regardless of the animal's species.
(g) Appeal.
(1) The owner may appeal the Board's decision to Municipal Court within fifteen (15)
days of the decision for a hearing de novo. If the Municipal Court Clerk receives a written
appeal notice within fifteen (15) days of the decision, the Board's determination shall be
suspended pending the Municipal Court Judge's final decision. The Board's decision
may be affirmed, reversed or modified. The Board or a representative shall furnish the
Municipal Court Judge with all reports, memoranda and other tangible evidencereceived
by them, as well as a summary of the evidence and the Board's findings. The Municipal
Court hearing shall be de novo. An owner may appeal a decision of the municipal court
to the county court at law, in accordance with Chapter 30 of the Texas Government
Code, as amended. Following a finding that the animal is dangerous, each day the
owner fails to comply with the state law requirements for dangerous dogs (regardless of
species of the animal), shall constitute a separate violation of this chapter.
(2) The Municipal Court Judge may compel the attendance of complainant, any known
witnesses, the animal owner against whom the complaint was filed, and the Director of
Animal Control Authority or his representative who presided over the original hearing. At
this appeals hearing, the City shall be represented by the City Attorney or an assistant.
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(Code 1960, S 4-9(a); Ord. No. 5585, S 2, 4-8-86; Ord. No. 5794, S 2, 3-21-89; Ord. No. 5929, S 1, 10-
15-91; Ord. No. 6591, S 1, 4-16-2002)
Sec. 8-2-11. Female dogs and cats in heat.
It shall be unlawful for any Owner of any female dog or cat in heat to fail to keep such Animal
confined in a Building or in a veterinary hospital or boarding kennel, in such a manner that another dog
or cat cannot come into contact with it except for controlled breeding purposes.
(Code 1960, S 4-9(b); Ord. No. 5585, S 2, 4-8-86; Ord. No. 6406, S 1,3-23-99)
Cross references: Penalty exception, S 1-1-5(d).
Sec. 8-2-12. Humane society to operate at animal shelter.
The Amarillo Panhandle Humane Society is authorized to operate an animal adoption program
in conjunction with the animal control department's animal shelter in accordance with State law.
(Code 1960, S 4-10; Ord. No. 5585, S 2, 4-8-86; Ord. No. 5929, S 3, 10-15-91)
Sec. 8-2-13. Guard dogs.
(a) The term "guard dog" shall mean any dog trained or used to protect persons, Premises or
property by attacking or threatening to attack any person found within the area patrolled by the
dog and that is either securely enclosed within the area at all times or under the continuous
control of a trained handler. It shall be unlawful for any person to place or maintain guard dogs
in any area for the protection of person or property unless the following provisions are met:
(1) The dogs shall be confined to an enclosed area adequate to ensure they will not
escape.
(2) They shall be under the absolute control of a handler at all times when not securely
enclosed.
(3) The owner or other persons in control of a Premises upon which a guard dog is
maintained shall post a warning sign at each entrance to the area under guard with
lettering clearly visible from a distance of fifty (50) feet, and shall additionally, in the case
of the nonresidential or multifamily land uses, contain a telephone number where some
person responsible for controlling such guard dog can be reached twenty-four (24) hours
a day.
(4) Prior to the placing of guard dogs on any nonresidential or multifamily property, the
persons responsible for the placing shall inform the Animal Control Department in writing
of their intention to post such dogs, the number of dogs to be posted, the location where
dogs will be posted, and the approximate length of time the dogs will be guarding the
area.
(b) For the purposes of this section, the term "nonresidential or multifamily use" shall mean the
placing of guard dogs on any nonresidential or multifamily property, whether the dogs are
owned by the property owner, tenant or other person with right of possession or control of the
property, or whether the dogs are owned by another.
(Code 1960, S 4-11; Ord. No. 5585, S 2, 4-8-86)
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Sec. 8-2-14. Penalty for violation.
It is an offense to violate any provision or requirement of this chapter by failing, refusing, or
neglecting to perform or comply with any restriction, obligation, or duty imposed by this chapter,
punishable upon conviction pursuant to section 1-1-5 of this Code of Ordinances. This municipal
criminal penalty is cumulative with and not exclusive of any civil action or penal charge available under
state law or other remedies provided by law or equity.
(Ord. No. 6591, ~ 1,4-16-2002)
Sees. 8-2-15--8-2-30. Reserved.
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160 Blackburn 81,
Reno, Texas 75462-7152
Phone: (903) 785-6581
Fax: (903) 785-0453
Animal Control Ordinance No. PD-08
'VHEREAS, there exists a need to manage and regulate the housing, sheltering,
health and hygiene of animals within the territorial city limits of Reno, Texas; and
'VHEREAS, there exists a need to protect citizens from certain dangerous
animals and from diseases carried by certain animals; and
'VHEREAS, there exists a need to humanely address, manage and control
domestic animals, pets, and wild animals within the territorial city limits of Reno, Texas;
and,
'VHEREAS, there exists a need to regulate animal ownership, treatment, care and
neglect; and
'VHEREAS, the safety of citizens and animals alike require the City Council to
consider and pass an Animal Control Ordinance;
THEREFORE, the City Council of the City of Reno in Open Session on this the
8th day of March, 2004, hereby adopts the Animal Control Ordinance No. PD.08 in it's
entirety attached.
Reno Animal Control
Ordinance No. PD-08
TABLE OF CONTENTS:
SECTION TITLE PAGE
1 DefInitions 1-3
2 Enforcement 3-4
3 Payment of fees I filles generally 4
4 Rabies vaccination of animals 4-5
5 Bites by animals 5-7
6 Impoundment of animals 7-8
7 Vicious animals 8-9
8 Kennels 9
9 Livestock 9-10
10 Animal waste I foul or offensive odors where animals are kept 10-11
11 Animal noise 11
12 Traps 11
13 Animals prohibited in food establishments 11
14 Requirements for O\\l1er of dangerous dog and dangerous
anirnallocations 12-13
15 Registration of dangerous dog and dangerous animal locations 13-14
16 Attack by dangerous animal 14
16A Nuisance animals 14
17 Defense 15
18 Pests and animal care guidelines 15
19 Adoption of animals from animal shelter and fees 15-16
20 General punishment and remedies provision 16-1 7
21 Repeal 17
22 Time deadlines 17
23 Effective date 17
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Reno Animal Control
Ordinance No. PD-08
Ordinance Pertaining to Loose Animals
(Animal Control)
Section. 1 Definitions.
The follov.ing words, terms, and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a different
mearung:
Animal means any living creature, including, but not limited to, dogs, cats, cows, horses,
birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human
beings.
Animal control officer means a person designated by the Public Safety Director to
represent and act for the City in the impounding of animals, controlling of animals running at
large and as otherwise required in this Ordinance.
Animal shelter means a facility operated by the city, or at it's direction, for the purpose
of impounding or caring for animals held under the authority of this Ordinance or State law.
Bite means any abrasion, scratch, puncture, tear or piercing of skin actually or suspected
of being caused by an animal in an attack.
Cat means all domestic species or varieties of the felis catus, male or female, alive or
dead.
Certificate means a celiificate issued at the time of the vaccination, the registration
number, the name, color, breed and sex of the dog or cat, the name and address of the owner, the
date of the vaccination, and the type of vaccination administered.
Confined or confinement of an animal means confined within a building or home, or
within a fenced yard or premises, so that the animal cannot escape from said building, house or
fenced yard or premises without human assistance.
Dangerous animal.
(1) Dangerous animal means an animal that:
a. Makes an unprovoked attack on a person that causes bodily injury and
occurs in a place other than an enclosure in which the animal was being kept;
or
b. Commits unprovoked acts in a place other than an enclosure in w-hich the
animal was being kept, and those acts caused a person to reasonably believe
that the animal will attack and cause bodily injury to that person.
,..--
Reno Animal Control
Ordinance No. PD-08
Dangerous Animal Location
(I) Dangerous Animal Location means:
a. Any venue, structure, enclosure, house or location where animals stay reside
or are brought, and while there ma..1(e unprovoked attacks on persons outside
the enclosure which contains the animal, or in which the animals are
encouraged to fight each other.
b. An attack under this definition does not have to result in bodily injury, rather,
it is sufficient if the person attacked reasonable believes that the animal
attacking will cause or is about to cause injury.
c. A venue, place, structure, house, shelter or other location which is
overcrowded with animals, (see Section 20), or wherein the animals are
diseased, neglected, and or underfed is a Dangerous Animal Location.
Dog means all domesticated members of the canis familaris, male or female.
Domestic animal refers to dog(s) and/or cat(s) residing with their owner(s).
Exposed to rabies means any animal whether it has been vaccinated for rabies or not,
which has been bitten, been fighting with or has consorted with an animal known or suspected to
have rabies or showing objective symptoms of rabies.
Humane manner means the care of an animal to include, but not be limited to adequate
heat, space, ventilation, and sanitary shelter, wholesome food and water, consistent with the
normal requirements of the animal's size, species and breed.
Impound means the apprehending, catching, trapping, netting, tranquilizing, confining,
or, if necessary, the destruction of any animal by animal control officers.
Impounding facility means any premises designated by the "City of Reno" for the
purpose of impounding and caring for all animals found in violation of this Ordinance.
Isolation means kept separated and protected from all other animals or humans.
Keunel means any premises wherein any person engages in the business of boarding,
breeding, buying, letting for hire, training for a fee, or selling dogs and cats.
Livestock means all domesticated animals, other than dogs and cats, including but not
limited to horses, cows, mules, goats, sheep and pigs; other than potbellied pigs as defined
herein.
Owner means any person, partnership, or corporation who owns, harbors, shelters, keeps,
controls, manages, possesses, or has part interest in any animal. An animal shall be deemed to
be harbored ifit is fed or sheltered for three (3) consecutive days or more.
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Person means any individual, partnership, firm, public or private corporation,
association, trust or estate.
Pet means any animal kept for pleasure rather than utility.
Prior Consistent Act means a behavior involving similar facts and circumstances
from which knowledge, intent, or motive may be inferred.
Public nuisances shall describe an animal if it: damages, soils, defiles, or defecates on
private property other than the O\\TIers or on public walks and recreation areas unless such waste
is immediately removed and properly disposed of by the O\vl1er; causes unsanitary, dangerous, or
offensive conditions; causes a disturbance by excessive barking or other noise-making; chases
vehicles; or interferes with persons or other domestic animals.
Any animal that digs, burrows, nests, dens, dams, or otherwise alters the land,
surface or water flow of a property owner without the permission of the property owner is
a public nuisance. In addition, regardless of behavior, an animal is a public nuisance if the
owner of the animal bas received notice tbat entry onto specific property was forbidden or
received notice that tbe animal was to be removed from specific property but failed to do
so. (Amended by Reno City Council, 2/14/2005)
Vaccination means an injection of rabies vaccine licensed for use in that species by the
United States Department of Agriculture, properly vaccinated or as prescribed by the Texas
Board of Health which injection has been administered only by or under the direct supervision of
a veterinarian who is licensed to practice in this State.
Veterinarian means a doctor of veterinary medicine who holds a valid license to practice
his profession in the State ofTexa<;.
Veterinary hospital/clinic means any establishment mainta.ined and operated by
licensed veterinarian for surgery, diagnosis, and treatment diseases and injuries of animals.
Vicious animals means any individual animal tbat has on two (2) previous occasion
\vithout provocation, attacked or bitten any person or other animal, or any individual animal
which the police department or animal control has reason to believe has a dangerous disposition
likely to be harmful to humans or other animals.
Zoonotic diseases shall mean those diseases that may be transmitted from animals to man
under normal conditions.
Section. 2 Enforcement.
(a) Enforcement of this Ordinance shall be the responsibility of the SupervIsor
of animal control, any animal control officer, or police officer.
(b) Any animal control officer shall have the authority to issue citations for any
violation of this Ordinance. If the person being cited is not present, the animal
control oflicer may send the citation to the alleged offender by Certified Mail,
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Return Receipt Requested. If the citation is unclaimed, a substitute service may be
requested.
(c) It shall be unlawful for any person to interfere with any animal control ofticer in
the performance of his duties. The penalty for such interference shall be
consistent with Section 20 of this Ordinance.
(d) Animal control officers have the right to pursue animals running at large onto
private property while enforcing the provisions of this Ordinance.
Section. 3 Payment of fees / fines generally.
The police department shall be responsible for collecting all fees established and levied in
accordance with this Ordinance. Under no circumstances will there be refunds of any fees. Fines
under this Ordinance will be paid through the Court Clerk of the Reno Municipal Court.
Section. 4 Rabies vaccination of animals.
(a) This Ordinance recognizes the provisions of the Rabies Control Act of 1981,
Article 4477-6A of the Revised Vernon's Civil Statutes. In the event any
provisions of this Ordinance is in conflict with that Act, then the provisions of
that Act shall control.
(b) Every owner of a domestic animal four (4) months of age or older shall have such
animal vaccinated against rabies. All domestic animals vaccinated at four (4)
months of age or older shall be revaccinated at one (1) year of age and annually
thereafter. Any person moving into the city from a location outside the city shall
comply with this Section within five (5) days after having moved into the city. If
the domestic animal has inflicted a bite on any person, or another animal, within
the last ten (10) days, the owner of said domestic animal shall report such fact to
the owners, and no rabies vaccine shall be administered until after the ten (10) day
observation period.
(c) AIl animals capable of transmitting rabies must be vaccinated as prescribed by the
Texas Board of Health against rabies with a vaccine approved by the United
States Department of Agriculture and administered by a licensed veterinarian and
shall issue to the owner of the animal a vaccination certificate. The o"VYner shall
retain such certificate until the vaccination is renewed. At the time of
vaccination, a metal tag shall be issued by the veterimuian showing the name of
the veterinary clinic, the tag number, and the year of issuance.
(d) The City may quarantine animals not vaccinated or those without proof of
vaccination which would otherwise satisfy this Section. Under such a quarantine,
the o\\ner shall be responsible for all shelter fees [see below, (g)), vaccination
fees and in addition, a civil penalty of up to $500 per animal.
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(e) The Director of Public Safety or some other eligible person shall be designated by
Resolution as the Local Health Authority for the purpose of administering the
statute adopted by paragraph (a) of this Section.
(f) The animal control officer or any police officer may impound any animal reported
as a public nuisance and is found to be in violation of this Ordinance. In lieu of
impoundment the animal control officer may cite the owner for violation, if the
ov.-ner, keeper, or harborer of such animal is known, or can be readily ascertained.
If the animal is impounded the animal control officer shall notify the owner by
telephone, certified mail, or personal service after ov.-ner is located or identified.
(g) The ov.-ner, keeper, or harborer of any animal impounded under this Section may
redeem same by payment of the impounding fee and boarding fee as follows:
(1) For every impounded domestic animal, a shelter fee of twenty-five dollars
($25.00), plus five dollars ($5.00) for each day of impoundment;
(2) For large or dangerous animals, a shelter fee of one hundred dollars
($100.00) and twenty dollars ($20.00) for each day of impoundment. In
the event outside help is required; the cost of contracted help will be in
addition to the above cost. Fraction of a twenty-four-hour period shall be
computed at a full day's rate for the purposes of the daily charges set out
above.
(h) No animal, impounded within the animal shelter under the provisions of this
Section, shall be released to its owner, keeper, or harborer until the animal has
been vaccinated in accordance with this Ordinance.
(i) All impounded animals not redeemed after officer's notification may, within five
(5) days excluding day of impoundment and day of euthanasia, be destroyed in a
humane manner.
U) Any impounded animal which has been seriously injured or is seriously ill or is
incapable of feeding itself may be submitted to euthanasia immediately to prevent
suffering. The animal shelter shall not be responsible for providing veterinary
medical care for any sick or injured animal.
Section. 5 Bites by animals.
(a) The police department shall investigate reports in which animals have bitten
persons. It shall be the responsibility of animal control to obtain details on the
bite cases, and to conduct a foHow-up investigation of the biting animal to
determine if it is suffering from rabies. An animal ovmer \vho receives
infoffilation or discovers that a domestic animal has inflicted a bite on another
animal or person, must report the infomlation within 24-hours to the police
department, unless the owner received the information from the police
department, and then the Owner must cooperate in the investigation as a matter of
public health. failure to cooperate with an investigation under Section 5 by an
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animal owner is admissible in any trial under this Ordinance. A Show Cause
Order may be issued for the Owner requiring appearance before the Municipal
Court to address the issue of "failure to cooperate", and the Court may fashion
appropriate Orders after hearing the protect the Community and to provide for
public safety.
(b) Any animal suspected of biting a person or animal shall be placed under a
quarantine watch to determine if the animal is infected with rabies. This
quarantine shall be for a period not less than ten (10) days after the biting of such
person or animal. The length of the quarantine shall be determined by the
investigating animal control officer.
(c) The owner of the animal shall surrender the animals to the Animal Control
Officer immediately. Or other arrangements for the Animal Control Officer to
pick up and retain such animal, in a separate kennel at the animal shelter for the
period of the quarantine. After the animal has been released from quarantine, the
ovmer may redeem the animal from the animal shelter by payment of the fees
prescribed in this Ordinance.
(d) In lieu of animal quarantine at the animal shelter, the Animal Control Officer may
authorize the animal to be retained on the owner's premises:
(I) When quarantined at home the animal must be restrained and removed to
an area where it will not come in contact with any persons or animals
outside of the household.
(2) The animal must be made available to the Animal Control Officer for
periodic inspection.
(3) The owner will observe the animal for any signs of illness or personality
changes and report such changes to the Animal Control Officer.
(4) The animal may not be removed from the known quarantine location
without prior notification and approval of the Animal Control Officer.
(5) The animal will remain under quarantine until the owner is notified that
the final health inspection has been made and that the animal has been
cleared by the Animal Control Officer. Contact will be made by phone,
personal service, or Certified Mail.
(6) The animal may not receive a vaccination for rabies during the quarantine
period.
(7) Failure to comply with all conditions of residence quarantine will result in
the animal being impounded at the animal shelter for the duration of the
quarantine period. 1be ovmer of an animal that is required to be
quarantined who fails to maintain the conditions of a quarantine may be
fined as set out in Section 20 of this Ordinance.
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(e)
After the animal has been released from quarantine, the ovm.er shall have the
animal vaccinated the following business day and present the vaccination
certificate on that same business day to the Animal Control Officer or police
department. Failure to present a vaccination certificate timely is a misdemeanor
and the OWl1er may be fined for each 24-hour period that such certificate is not
presented, consistent with Section 20 of this Ordinance.
(f)
It shall be unlawful for any person to interfere \\lith the enforcement of this
Section or to fail or refuse to surrender to an Animal Control Officer or other
member of the police department any animal involved or suspected of being
involved in a bite case, or to otherwise fail or refuse to provide for the
quarantining of animals as may be authorized by this Ordinance. Such
interference shall be a misdemeanor and shall be punishable by a fine not to
exceed $500.00.
Section. 6
Impoundment of animals.
(a)
The animal control officer or any police officer shall take up and impound
animals under the following circumstances:
(1) A Dangerous or Vicious Animal as defmed herein;
(2) An animal that has bitten a person or another animal and has not
previously been impolmded for particular act;
(3) An animal that has rabies or any zootanic disease;
(4) An animal determined to be dangerous to humans or other animals; and
(5) Public Nuisance Animals. (Amended by Reno City Council, 2/14/2005)
If the owner, keeper, or harborer of such animal is knovm., or can be readily
ascertained, the animal control officer shall notify himlher by telephone,
personal service, or certified mail not later than the day following such
impoundment.
(b) The owner, keeper, or harborer of any animal impounded under this Section
may request, in writing, a hearing on the reason for impolmdment, addressed to
the Municipal Court, attention Court Clerk, City of Reno and delivered to 160
Blackburn Street, Reno, Texas, 75462, within three (3) business days from the
date of impoundment. An Administrative Hearing before the City Court Judge
shall then be set immediately consistent with the Court schedule, limited to the
issue of need to continue the impoundment of the Animal for purposes of public
safety. This is an Administrative Hearing and no jury trial is available under
Section 6 (b).
All relevant evidence may be considered including prior consistent acts. The
Court shall announce findings and may continue the impoundment, modify the
impoundment, or release the animal to the owner \vith instructions consistent \vith
Section 14 and Community Safety. Costs of Court and costs of impoundment may
be assessed against the owner. Costs for impounding an animal are as fo11ov/s:
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(1) For every impounded domestic animal, a shelter fee of t\venty-five dollars
($25.00), plus five dollars ($5.00) for each day of impoundment.
(2) For large or dangerous animals, a shelter fee of one hundred dollars
($100.00) and twenty dollars ($20.00) for each day of impoundment. In
the event outside help is required, the cost of contracted help will be in
addition to the above cost. Fraction of a 24-hour period shall be
computed at a full day's rate for the purposes of the daily charges set out
above.
(c) No animal, impounded within the animal shelter under the provisions of this
Section, shall be released to its o\vner, keeper, or harborer until any permit
required by this Ordinance has been obtained for the animal and until the animal
has been vaccinated in accordance with this Ordinance.
(d) All impounded animals not redeemed after officer's notification may, within
seven (7) days, be destroyed in a humane manner.
(e) Any impounded animal which has been seriously injured or is seriously ill or is
incapable of feeding itself may be submitted to euthanasia immediately to
prevent suffering. The animal shelter shall not be responsible for providing
veterinary medical care for any sick or injured animal.
Section. 7 Vicious animals.
(a) A vicious animal cannot be kept or housed in the City limits. Any vicious animal
found in the City shall be removed irnn1ediately by order of the animal control
officer or police officer. If the owner or person having control of the vicious
animal fails to remove such animal, then the animal may be impounded
immediately by the Animal Control Office or Police Officer if an issue of
Community Safety is presented. Otherwise, impounding of a vicious animal must
follow an application to the Municipal Judge.
(b) Once impounded, the O\\TIer of a suspected vicious animal may, within three (3)
business days, file a written request with the Municipal Court, attention Court
Clerk, Reno Municipal Court, 160 Blackburn Street, Reno, Texas, 75462,
requesting an Administrative I-fearing on the issue of "Vicious Anima!"'. A
hearing before the Municipal Judge shall be scheduled immediately consistent
v;ith the schedule of the parties. No jury trial is available under Section 7 (b).
(c ) At the hearing any relevant evidence may be considered, including prior
consistent acts. Following the hearing the Judge shall:
( I) Find the Animal is a vicious animal and Order the O\vner to pay costs of
the Hearing, including Court costs, pay costs of impoundment according
the schedule in Section 6, and post a bond in the amount of at least
5>500.00 conditioned that the owner rernove the animal from the City: or
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(2) Find the animal is not vicious and Order the animal returned to the owner.
Costs of the impoundment and Cost of Court may be assessed against the
O\VI1er. In the interest of Public Safety, the Court may order an animal
confined in a secured enclosure without a fInding that the animal is
VICIOUS.
(d) The Owner may appeal a finding of Vicious Animal in Municipal Court in the
same manner as appeal from any other Municipal Court case. However, in order
to perfect such appeal, in addition to an Appeal Bond, the owner must:
(1) Post an impoundment bond, cash or surety only, in an amount sufficient to
pay cost of impoundment for six (6) months, according to the schedule in
Section 6 above, payable to the City of Reno; and,
(2) The Owner must sign an Agreement to Expedite the appeal, wherein the
owner demands a speedy hearing on this appeal in the County Court or
reviewing Court, file the Agreement to Expedite with the Appeal Bond
and present proof of the filing of the Agreement to Expedite to the
Municipal Court Clerk within five (5) days of the Administrative Hearing.
(3) Failure to file an Appeal Bond, an Impoundment Bond and an Agreement
to Expedite appeal (Speedy Trial) within five (5) days of the
Administrative Hearing your appeal is not perfected and the judgment of
the administrative (Municipal Court) becomes final.
(e)
Following a fmding of vicious animal, under Section 7, when no appeal is taken
and the animal is impounded, then the impounded animal destruction procedure
of Section 6(d) shall be followed. The owner is not entitled to an additional
hearing nor is the owner entitled to redeem a vicious animal under Section 6.
(1)
Maintaining a vicious animal within the City limits of Reno is violation of
Section 7 concerning viciousness is a misdemeanor punishable by a fine of not
less that $250.00 nor more than $1,000.00. It is a separate offense for each
calendar day an animal is maintained within the city limits in violation of
Section 7 of this Ordinance.
Section. 8
Kennels.
Kennels shall only be allowed as authorized by the Comprehensive Zoning Ordinance of
which requires a Specific Use Pennit (Ordinance No. 1850.11) and shall comply with all other
applicable Ordinances.
Section. 9
Livestock.
(a)
It shall be unlawful for any person to maintain, ovm or control any premises
within the city limits where more than an aggregate of 1\'.'0 (2) head of livestock
are kept or harbored in one (1) enclosure. Provided, hoviever, that, in cases where
one (1) enclosure embraces an aggregate of more than one-half (1/2) acre of land,
for each one-half (1/2) acre embraced in such enclosure (in excess of one-half
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(1/2) acre), one (1) additional head of livestock may be kept or harbored in such
enclosure.
(b) Every head of livestock shall be kept within a suitable pen or enclosure. No part
of the enclosure shall be situated less than fifty (50) feet from any inhabited
dwelling; provided, that this distance requirement shall not apply to the dwelling
of the owner of such livestock.
(c) "One (1) enclosure", as that term is used in this Section, shall be held to mean
any anc1/or all connected buildings, whether under one (1) roof or otherwise, and
buildings and sheds which may have entrances to the same or adjoining lot or
lots, or lots ,vith a gateway or other opening between them.
(d) The provisions of this Section shall not be construed to prohibit any person
engaged in operating any packinghouse, auction or commission sale barn or other
similar institution, located within a properly zoned area as designated and defined
by the Comprehensive Zoning Ordinance and zoning map of the city from
keeping, on the premises of such place of business or other institution, any
number of livestock for temporary periods of time, not to exceed seven (7) days,
awaiting their use in connection with the operation and maintenance of such
packinghouse or similar institution or their sale at such auction or commission
sale barn; nor shall such provisions be construed to prohibit any person from
keeping more than two (2) head of livestock at such place of business or
institution, for a temporary period of time, not to exceed a maximum of thirty (30)
days, for experimental, demonstration or exhibition harboring such livestock for
such temporary periods of time for the purposes mentioned in this subsection shall
and must strictly comply with the provisions of paragraph (b) of this Section.
Section. 10 Animal waste / foul or offensive odors where animals are kept.
(a) It shall be unlav,.ful and considered a public nuisance for any person to allow any
pen, enclosure, yard or similar place used for keeping of animals to
become unsanitary, offensive by reason or odor, or disagreeable to persons of
ordinary sensibilities residing in the vicinity thereof because of flies or other
insects. Any condition injurious to public heath caused by improper waste
disposal will be considered a violation oftrus Section.
(b) The owner of every animal shall be responsible for the removal of any excreta
deposited by hislher animal on public walks, recreation areas, or private property.
(c) It shall be the duty of every person raising, owning or keeping any animal to keep
such animal and its abode in a sanitary condition so that such animal, or the place
where such animal is kept, shall not emit foul and offensive odors of sufficient
strength to be detected on any adjoining property.
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(d) It is hereby declared to be a nuisance for any person to maintain any place
mentioned in paragraph (c) of this Section in such a manner that such place is not
free from foul and offensive odors of sufficient strength to be detected on any
adjoining property.
( e) The failure to properly remove or dispose of animal waste or excreta deposited by
an animal on public walks, in recreational areas, or on private property is a
misdemeanor punishable by a fine not to exceed $250.00.
(f) An odor is presumed to be offensive when the odor can be detected by a person of
ordinary sensibilities at a distance of one hundred feet (100') unaided by wind or
breeze.
(g) Remedies for violations of Section 10 (a) will be consistent with Section 20 of
this Ordinance.
Section. 11 Animal noise.
(a) It shall be unlawful and considered a public nuisance to keep any animal or group
of animals which, by causing frequent or long continued barking, or noise; or
which generate loud and obnoxious noises by whatever method disturb any
person of ordinary sensibilities in the vicinity and thereby disturb the peace of the
neighborhood or disturb the occupants of adjacent premises.
(b) A person shall be deemed to have intentionally and knowingly violated this
Section if the person within 24-hours of receipt of a notice of an Animal Noise
violation fails to correct the circumstances to prevent a recurrence.
Section. 12 Traps.
Humane traps may be used for capturing animals roaming unrestrained in the City. The
use of steel jaw traps to apprehend animals is illegal.
Section. 13 Animals prohibited in food establishments.
No owner of any domestic animal, or other animal, and no manager, clerk, owner or
operator of any place where food is exposed or offered for sale, served or sold for human
consumption shall permit any domestic animal, or other animal to enter, be, or remain within any
store, restaurant, shop, building, structure or place where food is offered or exposed for sale,
displayed or handled for human consumption within the corporate limits of the City of Reno,
Texas. A violation of this Section is a misdemeanor punishable by a fine not to exceed $1,000. It
is a defense under this Section that the animal was a trained, domestic animal of a type or breed
commonly used to assist handicapped persons and was in the food establishment for that
purpose.
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Section. 14 Requirements for owner of dangerous dog and dangerous animal locations.
(a) Not later than the 30th day after a person learns that the person is the owner of a
dangerous dog, or the manager, owner possessor of a Dangerous Animal Location
the person shall:
(1) Register the dangerous dog or animal with the animal control authority for
the area in which the dog or animal is kept; or register the location as a
Dangerous Animal Location with the Director of Public Safety; and
(2) Restrain the dangerous dog(s) or animals at all times on a leash in the
immediate control of a person or in a secure enclosure; and
(3) Obtain liability insurance coverage or show financial responsibility in an
amount of at least one hundred thousand dollars ($100,000.00) to cover
damages resulting from an attack by the dangerous dog or dangerous
animals causing bodily injury to a person, and present proof of the
insurance policy to the police department or Public Safety Officer.
(b) For purposes of this Section, a person learns that the person is the owner of a
dangerous dog or that the venue is a Dangerous Animal Location when:
(1) The owner knows of an attack described in Section 5; or
(2) The owner is informed by the animal control officer or police officer
that the dog or animal is dangerous or that the location is a Dangerous
Animal Location.
( c) If a person (not the animal owner) reports an incident described in Sections 5, 7 or
16 of this Ordinance, the animal control officer or police department may
investigate the incident. If, after receiving the sworn statements of any witnesses,
the investigating officer determines the dog or animal is dangerous, the
investigating officer shall notify the owner of that fact.
(d) An O\vner, not later than the 3rd business day after the date the owner is notified
that an animal owned by the owner is dangerous, may appeal the determination of
the animal control officer or police officer to the Reno Municipal Court for an
Administrative Hearing. An owner may appeal the decision of the Municipal
Court in the same manner as appeals of other civil cases. Appeal must be
perfected a<; stated in Section 7 (d), unless the animal is not impounded. If the
animal is not impounded, the Impoundment Bond is waived; however, the other
requirements of Section 7( d) must be met in order to perfect an appeal.
(e) An ov.mer, occupier, or possessor or a premises or structure who is notified that
the venue or location is a Dangerous Animal Location, may, no later than the 3rd
business day following such notice, appeal such determination to the Municipal
Court for administrative revie\v.
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(f) Failure to provide proof of financial responsibility or liability insurance, or the
failure to maintain financial responsibility or liability insurance shall 'be
grounds for a Show Cause Summons for a hearing in Municipal Court within
three (3) business days of the notice date to determine if cause exists why the
animal(s) should not be immediately removed and sheltered. The Municipal Court
may, in the absence of proof of timely filing of financial responsibility or proof of
liability insurance order the animal(s), the subject of the hearing, impounded
under Section 6. The animals may be redeemed by payment of shelter fees,
posting proof of [mancial responsibility and payment of the costs for the show
cause hearing. The Municipal Court may assess a civil penalty of up to $1,000 per
animal for each animal impounded. The Municipal Court may Order the animal to
be confined by the owner in a secured enclosure.
(g) Failure to perform any of the obligations regarding Dangerous Animals or
Dangerous Animal Locations listed in Section 14 (a) subsection 1-3, in the
manner and within the time periods set out therein is a misdemeanor punishable
by a fine not to exceed $1,000. Failure to follow an Order of the Court is Civil
Contempt, punishable by a fine not to exceed $1,000 per occurrence.
Section. 15 Registration of dangerous dog and dangerous animal locations.
(a) During the month of April each year, the owner of a Dangerous Animal or an
individual who maintains a dangerous animal place must register the animal or the
place \vith the animal control office or the public safety officer for the City of
Reno. The Owner must:
(1) Present proof of:
i) Liability insurance or financial responsibility, as required by
Section 14;
ii) Current rabies vaccination of the dangerous animal as
appropriate; and
iii) Evidence of the secure enclosure in which the dangerous animal
will be kept.
(2) Pay an annual registration fee of fifty dollars ($50.00),
(b) The animal control officer shall provide to the owner registering a dangerous
animal a registration tag. The owner must place the tag on the dangerous dog's
collar, or if not a dog in some means permanently attach the tag to the animal.
(c) If an ovvner of a registered dangerous animal sells or moves the animal to a new
address, the owner, not later than the 14t.1J day after the date of the sale OJ
move, shall notify the animal control officer or police department of the nev'i
address. On presentation by the new/current ovmer of the dangerous animal's
prior registration tag and payment of a fee of hventy-five dollars ($25.00), the
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animal control oHicer or police officer shall issue a new registration tag to be
placed on the dangerous animal.
(d) An owner of a registered dangerous animal shall notify the police department
of any attacks by the dangerous animal or any bites by the dangerous animal
involving people or other animals.
(e) The registration requirements of this Section also applies to Dangerous
Animal Locations. Dangerous Animal Locations must post an approved sign
in the front yard visible from the front passing street, approved by the Public
Safety Director of the City of Reno, or his agent, which contain at a minimum
the language "Dangerous Animal Location - Caution".
(f) Failure to comply vvith any provision of this Section is a misdemeanor
punishable by a fine of not the exceed $500.00 for each occurrence.
Section. 16 Attack by dangerous animal.
(a) A person commits an offense if the person is the owner of a dangerous animal and
the animal makes an unprovoked attack on another person or another animal
outside the animal's enclosure and causes or tlrreatens to cause bodily injury to
another person or animal.
(b) An offense under this Section is a misdemeanor, punishable by a fine not to
exceed $1.000.00.
(c) If a person is found guilty of an offense under this Section, the Court may
order the dangerous animal impounded under Section 6.
(dl An attack by an animal that has been detem1ined to be Dangerous, prior to the
attack, is a public health hazard. An OVvTIer of a Dangerous Animal that attacks or
bites a person or animal, after the animal has been detem1ined to be dangerous, is
liable for a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) for
each occurrence. The Municipal Court of Reno, Texas shall hear cases under
Section 16 (d) in the same manner as in any other cause.
Section.16A Nuisance animals.
(a) A person commits an offense if the person is the owner ofa Nuisance Animal.
(b) A violation under this Section is punished under Section 20 of this
Ordinance.
(c) A nuisance Animal may be impounded under Section 6 of this Or'dinance.
(Amended by Reno City Council, 2/14/2005.)
1 ,1
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Reno Animal Control
Ordinance No. PD-08
Section. 17 Defense.
(a) It is a defense to prosecution under Section 14 or Section 16 that the person is a
dog trainer or an employee of a guard dog company under the Private
Investigators and Private Security Agencies Act ,Article 4413(29bb),Vemon's
Texas Civil Statutes, and was functioning in that capacity at the time.
Section. 18 Pets and animal care guidelines.
The following are established for pet and animal care and are not intended to contravene
the provisions for animal cruelty contained in the Texas Penal Code.
(a) Provisions of food, shelter and care generally. No person shall fail to provide
his/her animals with sufficient good and wholesome food and water, proper
shelter and protection from the weather, veterinary care when needed to prevent
suffering, and with humane care and treatment.
(b) Abuse of animal, fighting. No person shall beat, cruelly ill-treat, overload,
overwork, or otherwise abuse an animal, or cause, instigate or permit any
dogfight, cockfight, bullfight or other combat between animals or between animal
and humans.
(c) Abandonment. No owner ofan animal shall abandon such animal.
(d) Tying dogs. It shall be unlamul for any person to tie or tether a dog to a
stationary object for a period of time or in a location so as to create an
unhealthy situation for the animal or a potentially dangerous situation for a
pedestrian as determined by the supervisor of animal control.
(e) Fenced enclosures. It shall be unlawful for any person to keep a dog within a
fenced enclosure in which the fence is in a state of disrepair.
(f) Keeping of rabbits. Distance from dwelling and enclosure:
Rabbits shall be kept in a secure pen or enclosure that is at least thirty (30) feet
from an inhabited dwelling, other than that of the O\vner, and such
enclosure shall be of such construction and strength to keep said rabbits from
running at large.
Section. 19 Adoption of animals fr'om animal shelter and fees.
A person who desires to adopt an animal from the animal shelter shall:
(n) Pay an adoption fee per the following schedule:
(I) Feline: Female or Male.....................
$35.00
(2) Canine: Female or Male.......................
$65.00
]5
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Reno Animal Control
Ordinance No. PD-08
(b) Pay a license fee if required by any of the provisions of this Ordinance;
(c) Have the animal vaccinated for rabies within five (5) business days after
adoption; and
(d) Have the animal spayed or neutered ten (10) days after adoption and not
more than thirty (30) days after adoption provided the animal is of proper
age for such procedure.
The animal control officer shall make the final determination whether an animal
is healthy enough for adoption. However, such a decision by the Animal Control
Officer to permit adoption of a particular animal shall not constitute a warranty,
expressed or implied, of the health or age of the animal.
(e) Exemptions of Fees:
The adoption fees will be exempted if the Humane Society takes custody of an
animal. At that time, the Humane Society will sign a document stating that they
will take full responsibility of the animal, whereby releasing Reno City of any
liability of said animal.
Section. 20 General punishment and remedies provision.
For any Section of this Ordinance wherein a violation or infraction is specified but no specific
penalty or remedy is set out, then the General Provisions of this Section shall apply.
(a) Any conduct, violation or behavior prohibited or restricted by this Ordinance, but
which has no specific penalty or remedy shall by punished by a fine not to exceed
Two Hundred Fifty Dollars ($250.00) per event or conduct. Each day that either
an Ordinance violation exists or that an Ordinance violation is committed, is
considered separate for purposes of the fme imposed.
(b) On-going conduct or conduct that is a nuisance or that may affect public health
or safety, that is described in this Ordinance entitles the City to seek injunctive
relief in addition to any fines or penalties.
(c) Prior to seeking injtlTIctive relief the City may, but is not obligated to conduct
an Administrative Hearing in Municipal Cou..rt, on 14 days notice to all
interested parties, to Show Cause why the City should not proceed with
injunctive remedies. Cost, including attorney's fees, may be assessed against the
owner, regardless of outcome, at the close of the Administrative Hearing.
(d) Failure to obey any Order of the Municipal Court issued under or pursuant to the
provisions of this Ordinance is civil contempt of Court and is punishable by a fine
not to exceed One Thousand Dollars ($1,000.00) for each occurrence.
(e) Should any part or portion of this Ordinance, or the use created herein
affecting the aforementioned property, be declared unconstitutional or invalid
by a court of competent jurisdiction, it is expressly provided that any and all
16
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Reno Animal Control
Ordinance No. PD-08
remaining portions and those provided for w.ithin this Ordinance shall remaIn
in full force and effect.
(f)
All Ordinances in conflict herewith are repealed to the extent they are In
conflict.
(g)
Any remaining portions of said Ordinances shall remaIn In full force and
effect.
Section. 21
Repeal.
This Ordinance specifically repeals the City's "Leash Law" Ordinance Number 1427.1.
Section. 22 Time Deadlines.
All time deadlines referenced in this Ordinance expire (end) at 5:00 p.m. on the date
mentioned or referenced in the individual Sections. Calculations for beginning time periods
include the date or any portion of a date that a notice \vas received, or a procedure or behavior
was observed.
Section. 23 Effective Date
This Ordinance shall become effective immediately upon passage of the City Council of
the City of Reno, Texas.
17
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Reno Animal Control
Ordinance 1\0. PD-08
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF RE1YO,
LAill4.R COUNT}~ TEX4S ON THIS THE 1-W\.. DAY OF r~[U(J\ ,20.QL.
ATTEST:
~Uli',Q~~
DA If) BROOKS, J.fAYOR ---.
DA HAfifILTON
CITY ATTORNEY
18
r
CITY OF BLOSSOM
P.O. Box 297 N 1240 W. Front N Blossom, Texas 75416
Phone 1-903 -982-5900 N Fax 1-903-982-6599
Council Members
Jeremy Wilson
Mayor Roger S. Johnson
Mayor Pro-Tern Tom House
Council Members
Roger Daugherty, Sr.
Mart House
PUBLISHED NOTICE OF ADOPTED ORDINANCE
ORDINANCE NO. 06-001
An Ordinance of the City of Blossom, Lamar County, Texas, regulating
potentially dangerous dogs which constitute a high level of risk within the
City limits of Blossom.
WHEREAS, the City Council, in order to protect the public health, safety, and welfare of the citizens
of Blossom, deems it prudent and necessary to establish rules and regulations controlling dogs that
constitute a high level of risk;
NOW, THEREFORE, BE IT ORDAINED by the governing body of the City of Blossom, Lamar
County, Texas, that the following provisions be adopted, regulating dogs determined to constitute a
high level of risk:
Section I. Definition of dog with high risk
Breeds of dogs covered by this Ordinance which constitute a high level of risk and are
potentially dangerous with a past history of bite and/or attack are defined as follows:
- Chows, Pit Bulls, Rottweilers, Doberman Pinschers, wolf hybrids or any dog that is a mix of any
breed listed herein.
Section II. Adoption of Texas Health and Safety Code, Section 822
Subchapters A, B, and D, Chapter 822/ Regulation of Animals, "Texas Health and Safety Code",
are hereby adopted by reference, as though fully occupied herein, as the rules and regulations
governing dangerous dogs that are a threat to animals and persons. Above referenced subchapters
of Chapter 822/ "Texas Health and Safety Code" are attached hereto as Exhibit A.
Section III. Administration
The City Administrator, or any other employee of the City of Blossom, so designated, is hereby
assigned the responsibility and authority to administer this Ordinance. Pursuant to Section 22.042/
Local Government Code, the Mayor shall ensure that this Ordinance is properly carried out.
Except in circumstances wherein a dog is deemed to be an immediate threat or danger to any
person or animal, the City Administrator, or any other authorized designee, shall seek an
administrative remedy to correct alleged violations by methods indicated below:
A. After having received complaint(s) of alleged violations(s), an administrative notice shall be
forwarded to the alleged owner of the dog and/or the owner or resident of the property on
r"-
which the dog is kept.
B. It shall be stated in the administrative notice that the alleged owner of the
dog and/or property owner has ten (10) days from the date of the notice to correct alleged
violations.
C. If the City receives no reply or satisfactory corrective action as a result of the
administrative notice, the City Administrator, or any other authorized designee, shall initiate
appropriate action as defined in Section V, "Penalty and Enforcement".
Section IV. Regulation of Potentially Dangerous Dogs Covered by this Ordinance
A. Any person who owns, keeps, shelters, or acquires a dog or dogs over six (6) months of age,
covered by this Ordinance, must, within 10 days, register such dog or dogs with the City of
Blossom with a one-time registration fee of $50.00 for each dog.
B. Persons who own, are keeping, sheltering, or raising any dog(s) covered by this
Ordinance on premises not owned by said person shall be required to provide to the City
of Blossom written permission from the owner of the property for said dog(s) to be kept on such
property. Written permission from the owner of the property shall include the number of dogs
and individual descriptions of the animals. Property owners on whose premises the dog is being
kept shall be responsible to assure that no regulation within this Ordinance is violated.
C. The City must be provided assurance of compliance with Section IV, paragraphs A and B,
above, before it will be authorized to connect, reconnect, or continue City utility services to any
property on which subject dog is being kept.
D. Every person who owns, is keeping, sheltering, or raising any dog(s) covered by this
Ordinance shall confine such animal(s) to the premises of the dog owner or person keeping
same. The dog(s) shall be confined by a secure fence or wall, capable of preventing the entry
of the general public, including children, and capable of preventing the release or escape of the
dog(s).
E. The regular confinement of a dog by chain, rope, leash, or tether in lieu of a secure
confinement by fence or wall, is not an acceptable method of confinement of the dog and does
not provide for compliance with this Ordinance.
F. All dogs kept within the City limits shall be immunized annually against rabies by means of
an anti-rabies vaccine approved and administered by a duly licensed veterinarian. Every
veterinarian who vaccinates any dog shall issue a certificate of vaccination to the owner, stating
the name of the owner, the address of the owner, a description of the dog, the date of the
vaccination, the number of the rabies vaccination tag, and the kind of vaccine used. Upon
vaccinating each dog, the veterinarian shall furnish the owner of the dog a metal tag, on one
side of which is stamped the words "Rabies Vaccine Administered" or similar phrase, and the
vaccination tag number and the date of the vaccination. Such tag at all times shall be securely
attached to the collar around the neck of the dog or harness around the neck and body of the
dog. Dog owners shall provide to the Blossom City Secretary a copy of the rabies vaccination
certificate and copy of subsequent annual renewal of same.
''--''- <<, ---..
Section V. Penalty and Enforcement
A. In addition to penalties and enforcement clauses stated within Sections of Chapter
822, "Health and Safety Code", adopted by this Ordinance; any person, dog owner, and/or
property owner who violates any section or clause of this Ordinance shall be guilty of a Class C
Misdemeanor, and, at the minimum, shall be subject to a fine of up to $500 plus court costs.
Each dog or dog owner subject to this Ordinance and each day of any violation shall constitute a
separate offense.
B. Pursuant to Section 22.042, Chapter 22, Local Government Code, the Mayor of the
City of Blossom, or his designee, shall be authorized to request the Lamar County Sheriff or any
authorized law enforcement officer to assist with enforcement of or compliance with this
Ordinance or Section thereof.
C. The City may request the Lamar County Sheriff and/or any other law enforcement or
animal control officer to assist with legal and acceptable methods of impoundment and/or
destruction of animals which are considered an immediate threat or danger to any animal or
person.
D. If, after proper notice, violators of this Ordinance fail to respond, and/or fail to comply with
the terms and conditions of this Ordinance, in order to protect the public safety and general
welfare of the citizens, employees, and contractors of the City of Blossom, the City will be
authorized to curtail all City services to the property on which the dog is being kept until
corrective action has been completed.
E. In addition to the enforcement actions listed above, the Mayor is authorized to order any
other legal emergency actions or methods necessary to protect the immediate safety of any
person(s) or animal(s).
Section VI. State Statutes and Local Government Code Shall Prevail
Provisions of this Ordinance, or Sections, sentences, or clauses contained herein, which may be
in conflict with the Local Government Code, or applicable State Statutes, are hereby superseded to
the degree that the Local Government Code or State Statute shall prevail.
Section VII. Prior and/or Existing Ordinance(s) Superseded
Any existing Ordinance of the City of Blossom in conflict with this Ordinance is hereby
superseded to the degree that the provisions of this Ordinance shall prevail.
Section VIII. Ordinance is Cumulative
Except as provided in Section VII, above, this Ordinance shall be cumulative of, and in addition
to City Ordinance No. 01-005, and all other Ordinances of the City of Blossom.
Section IX. Severability
r-
If a court of competent jurisdiction shall declare any Section, sentence, or clause of this
Ordinance invalid, such ruling shall not affect the validity of the remainder of this Ordinance.
Section X. Ordinance in Immediate Effect/Emergency Clause
In order to protect the public safety, health, and general welfare of its citizens, the governing
body of Blossom, Texas, hereby declares that this Ordinance shall take effect immediately, and shall
be in force from and after its passage.
DULY PASSED AND ADOPTED by the City Council of the City of Blossom, Texas, convened in
duly posted public session in the City Council Chambers, City Hall, 1240 West Front Street, Blossom,
Texas, on this day of , 2006.
ATTEST:
Stacy Prestridge
City Secretary
Roger S. Johnson
Mayor
Approved as to form:
Jeff Starnes
City Attorney
Memorandum
From:
Tony Williams, City Manager I
n L(~(-v"'--
John D. lestock, Assistant City Attorney Y
Items for August 14, 2006 City Council discussion-limiting
the number of pets and dangerous dogs.
f.. .,/ ~.': ,':..J'-.
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To:
Subject:
Date:
July 28, 2006
As a result of the City Council meeting held on July 24,2006 item 12,
Possible Future Agenda Items, I have located and am enclosing a copy of section
13-10 of the Code of Ordinances of the City of Longview, Texas as an example of
language that could be used, if the City Council wishes that a draft ordinance be
prepared which would limit the number of pets in the City of Paris.
Also enclosed are sections 822.041 through 822.047 of the Texas Health and
Safety Code concerning dangerous dogs. A violation of the Health and Safety
Code is either a class C, or B, or A misdemeanor. Section 822.047 also allows a
municipality to place additional requirements or restrictions on dangerous dogs
through an ordinance.
You may want to consider enclosing these materials with the August 14,2006
City Council Agenda packet for the review of the City Council.
Please let me know if I can be of any further assistance.
Attachments
cc: Alice Pinalto, Legal Secretary
cc: Karl Louis, Chief of Police
.,....--.
(li/.J 0/ io::JI/'€w Sec. 13-10.
Limitation on number of dogs.
(a) It is unlawful for any household to own or keep more that six
dogs upon any private premises within the city limits subject to the
following exceptions: a veterinary clinic, an animal hospital, or
similar facility; an animal shelter; a kennel; a pet shop; a research
institution; a qualified researcher; a performing animal exhibition; or a
litter up to 12 weeks old.
(b) It is an exception to this provision if the dogs are housed at
all times within a dwelling or on a premises which is a minimum of
one acre in size and the dwelling or premises is maintained in a
sanitary manner that is not a public health nuisance, no noise
~ -0- ~ - -~ - ~
nuisance, or a danger to the animals or the public.
(c) Provisions of section 13-10 (a) and (b) shall not become
effective until one year after the adoption of this chapter.
(d) Every yard, shed, pen, or other structure used for the storage
or shelter of animals shall be cleaned and maintained so as to maintain
safe and healthy conditions for the animals, to prevent the escape of
any noxious odors, or substances to adjacent properties, or to create
any health hazard or nuisance to adjacent property owners. Allowing
or permitting of such violation is hereby declared a public nuisance.
Provisions of this subsection shall become effective immediately upon
passage of this chapter.
(Ord. No. 3141, S 3, 8-8-02)
ALP
Page 1 of 21
I Sea rch
Lon view, TX Code of Ordinances
t~LJJANJMAL_SANP FOWL *
Search:
Choose search form
Chapter 13
ANIMALS AND FOWL*
Links:
Go to...
Doglln~nl
PI~y~Clt'iPler
N~xLCb[lRl~r
Contents
* Cross references--Hunting, trapping, etc. wildlife in parks, S 64-
15(7); riding horses in parks, S 64-15(10).
Article I. In General
SyncTQC
Framed Version
Sec. 13:1. Definitions.
Article II. Administrative Provisions
Sec. 13-2. Local rabies control authority.
Sec. .13::3. Animal shelter to be established.
Sec. 13-4. Authority to impound or destroy certain animals.
Sec. 13::5. Disposition of impounded dogs and cats.
Sec. 13-6. Temporary confinement of animals by individual.
Sec. 13-7. Access.
Sec. 13::8. Records.
Article III. Prohibited Acts
Sec. 13-9. Public nuisances.
Sec. 13_,::10. Limitation on number of dogs.
Sec. 13-11. Confinement of dogs and cats during estrus.
Sec. 13:..1.2. Acts of animal cruelty prohibited.
Sec. 13-J_3. Prohibited animals and reptiles.
Sec. 13-14. Animal parades, herding prohibited.
Sec. 13.:J5. Trapping prohibited; impoundment of traps.
http://www.amlegal.com/nxt/gateway.dll/Texas/longviewtx/chapter 13animalsandfowl *7f=... 7/28/2006
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. ANIMALS
Title 10
Doting and did
atute allowing
Ilgs that attack
II amel (App. I
eadng denied,
REGULATION OF ANIMALS
Ch. 822
~ 822.041
Animals (:;;>57, 84.
Westlaw Topic No. 28.
Library References
C.].S. Animals SS 169, 202, 291 to 292, 294,
320, 324 to 332.
[Sections 822.036 to 822.040 reserved for expansion]
tis that are
1e premises
-.;on at each
SUBCHAPTER D. DANGEROUS DOGS
~ 822.041. Definitions
In this subchaptec
(1) "Animal control authority" means a municipal or county animal con-
trol office with authority over the area where the dog is kept or a county
sheriff in an area with no animal control olTice.
(2) "Dangerous dog" means a dog that:
(A) makes an unpmvoked attack on a person that causes bodily injury
and Occurs in a place other than an enclosure in which the dog was being
kept and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or
(B) commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause a
person to reasonably believe that the dog will attack and cause bodily
injury to that person.
(3) "Dog" means a domesticated animal that is a member of the canine
family.
(4) "Secure enclosure" means a fenced area or structure that is:
(A) locked;
(B) capable of preventing the entry of the general public, including
children;
(C) capable of preventing the escape or release of a dog;
(D) clearly marked as containing a dangerous dog; and
(E) in conformance with the requirements for enclosures established by
the local animal control authority.
(5) "Owner" means a person who owns or has custody or control of the
dog.
Added by Acts 1991, 72nd Leg., ch. 916, S I, eff. Sept. I, 1991.
3')'), S 5.
~ 3.
under this
the proper
v a fine of
11 30 days,
.v term
American Law Reports
Construction and application of ordinances Landlord's liability to third person for injury
relating to unrestrained dogs, cats, OJ' other r7sultin~ from attack by dangerous or vi,
domesticated animals I ALR4th 994. CIOUS al1lmal kept by tenant, 81 ALR3d 638.
Construction of provisi~ns of statute or ordi- Landlor~'s liability to third person for. injury
. '.. resultmg from attack off leased premises by
nance governing occaSion, time, or manner dangerous or vicious animal kept bv tenant,
of summal}' destruction of domestic ani- 89 ALR4th 374. .
mals by public authorities, 42 ALR4th 839. Landlord's liability to third person for injury
resulting from attack on leased premises by
,99, g 5.
5.
505
..
'" --r---' ---"'-
~ 822.041
HEALTH AND SAFETY OF ANIMALS
Title 10
Who "harbors" or "keeps" dog under animal
liability statute, 64 ALR4th 963.
dangerous or vicious animal kept by tenant,
87 ALR4th 1004.
Liability of owner of dog known by him to be
vicious for injuries to trespasser, 64 ALR3d
1039.
1 Texas PI & Pr Forms,
24:29.
Library References
Animals SS 24:28, 13 Am Jur Proof of Facts 2d 473, Knowledge
of Animal's Vicious Propensities.
39 Am Jur Proof of Facts 3d 133, Plaintiff's
Negligence, Provocation, or Assumption of
Risk as Defense in Dogbite Case.
Texts and Treatises
3 Texas Jur 3d, Ani S 29.
~ 822.042. Requirements for Owner of Dangerous Dog
(a) Not later than the 30th day after a person learns that the person is the
owner of a dangerous dog, the person shall:
(1) register the dangerous dog with the animal control authority for the
area in which the dog is kept;
(2) restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure;
(3) obtain liability insurance coverage or show financial responsibility in
an amount of at least $100,000 to cover damages resulting from an attack by
the dangerous dog causing bodily injury to a person and provide proof of the
required liability insurance coverage or financial responsibility to the animal
control authority for the area in which the dog is kept; and
(4) comply with an applicable municipal or county regulation, require-
ment, or restriction on dangerous dogs.
(b) The owner of a dangerous dog who docs not comply with Subscction (a)
shall deliver the dog to thc animal control authority not latcr than thc 30th day
after the owner learns that the dog is a dangcrous dog.
(c) If, on application of any pcrson, a justice court, county court, or munici-
pal court finds, after notice and hearing as providcd by Section 822.0423, that
the owner of a dangerous dog has failed to comply with Subsection (a) or (b),
the court shall order the animal control authority to seize the dog and shall
issue a warrant authorizing the seizure. The authority shall seize the dog or
order its seizure and shall provide for the impoundment of the dog in secure
and humane conditions.
(d) The owner shall pay any cost or fee assessed by the municipality or
county related to the seizure. acceptance, impoundment. or destruction of the
dog. The governing body of the municipality or county may prescribe the
amount of the fees.
(e) The court shall order the animal control authority to humanely destroy
the dog if the owner has not complied with Subsection (a) before the 11 th day
after the date on which the dog is seized or delivered to the authority. The
court shall order the authority to return the dog to the owner if the owner
506
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animal
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lck by
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The
wner
~ 822.0421
REGULATION OF ANIMALS
Ch. 822
complies with Subsection (a) before the 11 th day after the date on which the
dog is seized or delivered to the authority.
(t) The court may order the humane destruction of a dog if the owner of the
dog has not been located before the 15th day after the seizure and impound-
ment of the dog.
(g) For purposes of this section, a person learns that the person is the owner
of a dangerous dog when:
(1) the owner knows of an attack described in Section 822.041(2)(A) or (B);
(2) the owner receives notice that a justice court, county court, or munici-
pal court has found that the dog is a dangerous dog under Section 822.0423;
or
(3) the owner is informed by the animal control aUlhority that the dog is a
dangerous dog under Section 822.0421.
Added by Acts 1991. nnd Leg.. eh. 916, S t, err. Sept. t. t 991. Amended by Acts t 997.
75th Leg., eh. 99, S 2, elf Sept. I. 1997; Aets 1999, 76th Leg.. eh. 96, S t, elf May 17,
1999.
Historical and Statutory Notes
Sections 4 and 5 of Acts 1997. 75th Leg,. ch. after the effective date [Sept. 1. 1997J of this
99 provide: Act. For purposes or this section, an offense is
"Sec. 4. The change in law made by Section committed before the effective date of this Act if
I of this Act applies only to a serious bodily any element of the offense occurs before that
injury to a person by a dog th;Jt occurs on or date.
after September 1. 1997. A serious bodily inju.
ry that occurs bdore September I. 1997. is
covered bv tbe law in effect althattime. and the
former la~v is continucd in dfect for that pur-
pose.
"Sec. 5. (a) The change in law made by this
Act applies only to an olTense com milled on ur
"(b) An olTense commilled before the effec-
tive dak of this Act is COH'red by tbe law in
efkct when the offense was comlllilled. and the
furmer law is continued in effect for that pur-
pose."
Library References
39 Am Jur Proof of Facts 3d 133. Plaintiff's
Negligence, Provocation, or Assumption of
Risk as Defense in Dogbite Case.
Animals C=>4. 66.1. 68. 70.
Westlaw Topic No. 28.
C.J.S. Animals SS 11 to 14. 172, 176 to 183.
186 to 193. 198 to 200, 286 to 289.
Texts and Treatises
3 Texas Jur 3d. Ani S 30.
~ 822.0421. Determination That Dog is Dangerous
(a) If a person reports an incident described by Section 822.041(2), the
animal control authority may investigate the incident. If, after receiving the
SWorn statements of any witnesses, the animal control authority determines the
dog is a dangerous dog, it shall notify the owner of that fact.
(b) An owner, not later than the 15th day after the date the owner is notified
that a dog owned by the owner is a dangerous dog, may appeal the determina-
tion of the animal control authority to a justice, county, or municipal court of
competent jurisdiction. An owner may appeal the decision of the justice,
507
,
~ 822.0421 HEALTH AND SAFElY OF ANIMALs";"
Title 10 r~~
county, or municipal court in the same manner as appeal for other cases frorn ..
the justice, county, or municipal court. :,;)
Added by Acts 1997, 75th Leg., ch. 99, S 2, efE. Sept. I, 1997.
Historical and Statutory Notes
Secti~ns 4 and 5 of Acts 1997, 75th Leg., ch. after the effective date [Sept. I, 1997J of this
99 provide: Act. For purposes of this section, an offense is
"Sec..4. The cha.nge in law made. by Secti?n committed before the effective date of this Act if
1 of this Act apphes only to a senous boddy any element of the offense occurs before th t
injury to a person by a dog that occurs on or date. a
after September 1,1997. A serious bodily inju-
ry that occurs before September 1. 1997, is
covered by the law in effect at that time, and the
former law is continued in effect for that pur-
pose.
"Sec. 5. (a) The change in law made bv this
Act applies only to an offense committed on or
"(b) An offense committed before the effec.
tive date of this Act is covered by the law in
effect when the offense was committed, and the
former law is continued in effect for that pur-
pose."
Animals C=>68, 70.
Westlaw Topic No. 28.
Library References
C.J.S. Animals !is 172. 176 to 183. 186 to 193,
198 to 200.
~ 822.0422. Reporting of Incident in Certain Counties and Municipalities
(a) This section applies only to a county with a population o[ more than
2.800,000, to a county in which the commissioners court has entered an order
electing to be governed by this section, and to a municipality in which the
governing body has adopted an ordinance electing to be governed by this
section.
(b) A person may report an incident described by Section 822.041(2) to a
municipal court, a justice court, or a county court. The o\\'ner of the dog shall
deliver the dog to the animal control authority not later than the fifth day after
the date on which the owner receives notice that the report has been filed. The
authority may provide [or the impoundment o[ the dog in secure and humane
conditions until the court orders the disposition o[ the dog.
(c) If the owner fails to deliver the dog as required by Subsection (b), the
court shall order the animal control authority to seize the dog and shall issue a
warrant authorizing the seizure. The authority shall seize the dog or order its
seizure and shall provide for the impoundment o[ the dog in secure and
humane conditions until the court orders the disposition of the dog. The owner
shall pay any cost incurred in seizing the dog.
(d) The court shall determine, after notice and hearing as provided in Section
822.0423, whether the dog is a dangerous dog.
(e) The court, after determining that the dog is a dangerous dog, may order
the animal control authority to continue to impound the dangerous dog in
secure and humane conditions until the court orders disposition of the dog
under Section 822.042 and the dog is returned to the owner or destroyed.
508
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REGULATION OF ANIMALS
Ch. 822
(f) The owner shall pay a cost or fee assessed under Section 822.042(d).
~ 822.0423
Added by Acts 1997, 75th Leg., ch. 99, S 2, eff. Sept. I, 1997. Amended by Acts 1999,
76th Leg., ch. 96, S 2, erf. May 17, 1999.
Historical and Statutory Notes
1997, 75th Leg., ch. after the effective date [Sept. 1, 1997] of this
Act. For purposes of this section, an offense is
committed before lhe effeclive date of lhis Act if
any element of the offense occurs before that
date.
Sections 4 and 5 of Acts
99 provide:
"Sec. 4. The change in law made by Section
1 of this Act applies only 10 a serious bodily
injury to a person by a dog that occurs on or
after September I, 1997. A serious bodily inju-
ry that occurs before September J, 1997. is
covered bv the law in effecl al thai time, and the
former Ia\V is continued in effect for that pur-
pose.
. "Sec. 5. (a) The chan!!:e in law made bv lhis
Act applies only to an offense committed i.>n or
"(b) An offense committed before the effec-
tive dale of this Acl is covered by the law in
effect when the offense was commitled, and the
fOrlner law is continued in effect for that pur-
pose.
Library References
Animals C=>68.
Westlaw Topic No. 28.
, C.l.S. Animals SS 186 to I Y3, 1 YY.
~ 822.0423. Hearing
(a) The court, on receiving a report of an incident under Section 822.0422 or
on application under Section 822.042(c), shall set a time for a hearing to
determine whether the dog is a dangerous dog or whether the owner of the dog
has complied with Section 822.042. The hearing must be held not later than
the 10th day after the date on which the dog is seized or delivered.
(b) The court shall give written notice o[ the time and place of the hearing to:
(1) the owner o[ the dog or the person [rom whom the dog was seized; and
(2) the person who made the complaint.
(c) Any interested party, including the county or city attorney, is entitled to
present evidence at the hearing.
(d) An owner or person filing the action may appeal the decision of the
municipal court, justice court, or county court in the manner provided for the
appeal of cases [rom the municipal, justice, or county court.
Added by Acts 1997, 75th Leg., ch. 99, S 2, eff. Sept. I, 1997.
Historical and Statutory Notes
Sections 4 and 5 of Acls 1997, 75th Leg., ch. former Jaw is continued in effect for lhat pur-
?9 provide: pose.
, "Sec. 5. (al The change in law made by this
' 'Sec. 4. The change in law made by Section Act applies only to an offense committed on or
.1 of this Act applies only to a serious bodily after the effective date [Sept. I, 1997] of this
Injury to a person by a dog that occurs on or Act. For purposes of this section, an offense is
after September I, 1997. A serious bodily inju- committed before the effective date of this Act if
ry that occurs before September I, 1997, is any element of the offense occurs before that
Covered by the law in effect at that time, and the date.
509
,....-..-..--......
... 0'" ~ o.
~ 822.0423
HEALTH AND SAFETY OF ANIMAlS
Title 10
"(b) An offense committed before the effec-
tive date of this Act is covered by the law in
effect when the offense was committed, and the
former law is continued in effect for that PUr.
pose."
Library References
Animals C=>74(.5).
Westlaw Topic No. 28.
~ 822.043. Registration
(a) An animal control authority for the area in which the dog is kept shall
annually register a dangerous dog if the owner:
(1) presents proof of:
(A) liability insurance or financial responsibility, as required by Section
822.042;
(B) current rabies vaccination of the dangerous dog; and
(C) the secure enclosure in which the dangerous dog will be kept; and
(2) pays an annual registration fee of $50.
(b) The animal control authority shall prodde to the owner registering a
dangerous dog a registration tag. The owner must place the tag on the dog's
collar.
(c) If an owner of a registered dangerous dog sells or moves the dog to a new
address, the owner, not later than the 14th day after the date of the sale or
move, shall notify the animal control authority for the area in which the new
address is located. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee of S25, the animal control
authority shall issue a new registration tag to be placed on the dangerous dog's
collar.
(d) An owner of a registered dangerous dog shall notify the office in which
the dangerous dog was registered of any attacks the dangerous dog makes on
people.
Added by Acts 1991, nod Leg., ch. 916, S I, err. Sept. I, 1991.
Library References
Texts and Treatises
39 Am 1m Proof of FaLls 3d 133, PlaintiH's
Negligence. Pro\'ocalion, or AssulllPtion of
Risk as Defense in Dogbite Case.
Animals C=>4.
Wesllaw Topic No. 28.
C.1.5. Animals SS II lo 14, 286 to 289.
~ 822.044. Attack by Dangerous Dog
(a) A person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on another person outside the
dog's enclosure and causes bodily injury to the other person.
(b) An offense under this section is a Class C misdemeanor. unless the attack
causes serious bodily injury or death, in which event the offense is a Class A
misdemeanor.
510
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REGULATION OF ANIMALS
Ch. 822
(c) If a person is found guilty of an offense under this section, the court may
order the dangerous dog destroyed by a person listed in Section 822.003.
(d) In addition to criminal prosecution, a person who commits an offense
under this section is liable for a civil penalty not to exceed $10,000. An attorney
having civil jurisdiction in the county or an attorney for a municipality where
the offense occurred may file suit in a court of competent jurisdiction to collect
the penalty. Penalties collected under this subsection shall be retained by the
county or municipality.
~ 822.045
Added by Acts 1991, nnd Leg., ch. 916, S I, err. Sept. I, 1991.
Cross References
Punishment, Class C misdemeanor, see V.T,C.A., Pen31 Code S 12.23.
Animals (;::>76.
West law Topic No. 28.
C.l.S. Animals S 203.
Library References
39 Am Jur Proof of Facts 3d 133, Plaintiff's
Negligence, Provocation, or Assumption of
Risk as Defl-nse in Dogbite Case.
Texts and T.'catiscs
3 Tex~ls Jur 3d, Ani S 30.
~ 822.045. Violations
(a) A person who owns or keeps custody or control of a dangerous dog
commits an offense if the person fails to comply with Section 822.042 or
Section 822.0422(b) or an applicable municipal or county regulation relating to
dangerous dogs.
(b) Except as provided by Subsection (c), an offense under this section IS a
Class C misdemeanor.
(c) An offense under this section is a Class B misdemeanor if it is shown on
the trial of the offense that the defendant has previously been convicted under
this section.
Added by Acts 1991, nnd Leg., ch. 916, S I, err. Sept. I, 1991. Amended by Acts 1997,
75th Leg., ch. 99, S 2, err. Sept. 1, 1997.
Historical and Statutory Notes
Cllf
.co,
Sections 4 and 5 of Acts 1997, 75th Leg., ch.
99 provide:
"Sec. 4. The change in law made by Section
1 of this Act applies only to a serious bodily
injury to a person by a dog that occurs on or
after September I, J 997. A serious bodily inju-
ry that occurs before September I, 1997, is
covered bv the law in effect at that time, and the
fonner Ia~v is continued in effect for that pur-
pose.
"Sec. 5. (a) The change in law made by this
Act applies only to an offense committed on or
511
after the effective date [Sept. I. 1997J of this
Act. For purposes of this section, an offense is
committed befol'e the effecth'e date of this Act if
any element of the offense occurs before that
date.
;. ".
i,;-~
"(b) An offense committed before the effec-
th'e date of this Act is co\'ered by the law in
effect when the offense was committed, and the
former law is continued in effect for that pur-
pose."
-, -'----r--.'--" -..-,...-"
~822.045
HEALTH AND SAFETY OF ANIMALS
Title 10
Cross References
Punishment, Class B misdemeanor, see V.T.C.A., Penal Code S 12.22.
Animals ($:;>75, 76.
Westlaw Topic No. 28.
C.J.S. Animals 9S 202 'to 203.
Library References
39 Am Jur Proof of Facts 3d 133. Plaintiff's
Negligence, Provocation, or Assumption of
Risk as Defense in Dogbite Case.
Texts and Treatises
3 Texas Jur 3d, Ani 9 30.
~ 822.046. Defense
(a) It is a defense to prosecution under Section 822.044 or Section 822.045
that the person is a veterinarian, a peace officer, a person employed by a
recognized animal shelter, or a person employed by the state or a political
subdivision of the state to deal with stray animals and has temporary owner-
ship, custody, or control of the dog in connection with that position.
(b) It is a defense to prosecution under Section 822.044 or Section 822.045
that the person is an employee of the institutional division of the Texas
Department of Criminal Justice or a law enforcement agency and trains or uses
dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under Section 822.044 or Section 822.045
that the person is a dog trainer or an employee of a guard dog company under
Chapter 1702, Occupations Code.
Added by Acts 1991, 72nd Leg., ch. 916, S 1. err. Sept. 1. 1991. Alllended by Acts 2001,
77th Leg., ch. 1420, S 14.809, err. Sept. I, 200 I.
Animals ($:;>68. 74(.5).
WesLlaw Topic No. 28.
C.l.S. Animals 99 186 III I ')3. I')').
Library References
Texts and Treatises
39 Am .Iur Pronf of Facls 3d 1.13. Plaintiff's
Nqdigence. Pm\'ncation. or Assumption of
Risk as DdL'nsl' in Doghile CaSL'.
~ 822.047. Local Rcgulalion of Dangerous Dogs
A county or municipality may place additional requireml'nts or restrictions
on dangerous dogs if the requirements or restrictions:
(I) are not specific to one breed or several breeds of dogs; and
(2) are more stringent than restrictions provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 916, S I, err. Sept. I, 1991.
Library References
39 Am .Iur Prool of Facts 3d 133. Plaintiff's
Negligence. Provocation, or Assumption of
Risk as Ddcnse in Dogbitc Case.
Animals ($:;>4.
Wcstlaw Topic No. 28.
C.l.S. Animals 99 II to 14.286 to 289.
Texts and Treatises
3 Texas lur 3d. Ani 9 29.
[Sections 822.048 to 822.100 reserved for expansion]
512
R:
CI
~