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18 - ANIMAL CONTROL ORDINANCE REVIEWItem No. 18 memorandum TO: City Council John Godwin, City Manager FROM: Bob Hundley, Chief of Police SUBJECT: ANIMAL CONTROL ORDINANCE REVIEW DATE: January 18, 2016 BACKGROUND: Chapter 5 Animals and Fowl of the City of Paris Ordinances has not been significantly reviewed or modernized since the 1970's. Animal ownership and issues have changed over the years and a review was needed. STATUS OF ISSUE: The major revisions or continued procedures presented for your consideration include: • Relying on state law only for investigation of dangerous dogs clearing up any confusion regarding the `first bite' or aggression requirements. • More complete and easier to understand definitions. • Considerations for animals not previously in the code; i.e. pot - bellied pigs. • Continued partnership with the Lamar County Humane Association and other Rescue groups to decrease the euthanasia of animals. • Simplification of the language regarding space requirements for large and miniature livestock. BUDGET: There is no impact to the budget. RECOMMENDATION: Review the new chapter and provide direction to staff. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 5 - ANIMALS AND FOWL OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REFLECT CHAGES IN THE STATE STATUTES ALONG WITH CHANGES IN THE MANNER OF KEEPING ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A, PENALTY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 5 - Animals and Fowl, of the Code of Ordinances of the City of Paris, Texas has not been significantly reviewed or modernized since the 1970's; and, WHEREAS, a more comprehensive animal control ordinance will benefit the citizens of the City of Paris as well as provide for minimum acceptable living conditions for animals kept in the city; and WHEREAS, the City Council hereby approves the recommended amendments to Chapter 5 - "Animals and Fowl ", of the Code of Ordinances of the City of Paris, Texas as requested by the Chief of Police to comply with changes in state statutes and the safety and consideration of the citizens of Paris, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 5 of the Code of Ordinances of the City of Paris, Texas, is hereby amended and replaced to read in its entirety as follows: "5 -1 DEFINITIONS The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon shall mean leaving an animal in any place without providing reasonable and necessary care including, but not limited to, air, food, water, or protection from heat, cold, or other elements of nature; or the intentional or knowing failure of an owner to redeem an animal that has been impounded by or at the direction of the city within three days after impoundment. Animal shall mean 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 authority shall mean the Paris Police Department. Animal control division shall mean the animal control division of the Paris Police Department. Animal control manager shall mean the Chief of Police or his designee. The animal control manager will supervise all aspects of animal control. Animal control officer shall mean any person designated by the city manager to represent and act for the city to receive reports of animal bites, investigate bite reports, ensure quarantine of possibly rabid animals and carry out and enforce the general regulations of the provisions of this ordinance. Animal control officers are assigned to the animal control division of the Paris Police Department. Animal shelter shall mean a facility operated by the city for the purpose of impounding and caring for animals held under the authority of this ordinance. Apiary shall mean a place where bee colonies are kept. Bee shall mean any common domestic honeybee (apis mellifera). Colony shall mean a hive and its equipment and appurtenances including bees, comb, honey, pollen and brood. Dangerous dog shall mean a dog that makes an unprovoked 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 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. Said unprovoked acts include unprovoked attacks on other animals which result in serious injury or death. Direct physical control shall mean within the owner's observation and in such close proximity as to permit the owner reasonable opportunity to control the animal should it become necessary to do so in order to protect the animal, a human or another animal from harm. Dog shall mean a domesticated member of the family canidae, but shall not include a wolf, jackal, coyote, fox or other wild animal of this family or hybrid thereof. Dog tethering shall mean the use of a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system. Enclosure shall mean a securely fenced -in or enclosed area, building, barn, pen, or corral, whether covered by a roof or otherwise which shall be of such construction and strength to keep animals from running at large. Exotic animals shall mean non - native species of animal including, but not limited to, nonpoisonous reptiles which, when mature, are over six feet in length; ostriches; any member of the Ratite family; or exotic livestock as defined by the state animal health commission. Fowl shall mean all of those birds commonly called poultry including, but not limited to, chickens, ducks, geese, guinea fowl, turkeys, pigeons, and all the relatives of those birds which can be in pens, coops, cages or enclosures of any kind. Harboring shall mean the act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of five days or more. Hive shall mean a structure intended for the housing of a bee colony. Humanely euthanized shall mean to cause the death of an animal by a method which rapidly produces unconsciousness and death without visible evidence of pain or distress; or utilizes anesthesia produced by an approved agent that causes painless loss of consciousness, and death following such loss of consciousness. Humane trap shall mean a box cage for catching animals in a humane manner. impound shall mean to seize and hold in the custody of the animal control division. Large livestock shall mean horses, mules, donkeys, cattle, goats, sheep, and swine regardless of age, sex, size or breed but does not include pot - bellied pigs, miniature horses, miniature donkeys, miniature cattle or other miniature livestock or pygmy goats. Miniature livestock shall mean swine, goats, horses, donkeys, cattle or other livestock that have been specifically bred to be significantly smaller at maturity than all other breeds of similar animals. Miniature livestock includes, but is not limited to, pygmy goats, and miniature horses, miniature donkeys and miniature cattle. Municipal Court shall mean the Municipal Court for the City of Paris, Paris, Texas. Owner shall mean any person having title to any animal, or a person who has, harbors or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises. Person shall mean any individual, firm, association, partnership, or corporation. Pot Bellied Pig shall refer to a variety of swine that is no more than 18 inches in height at shoulder level when fully grown, has short erect ears and a straight tail. No swine shall be considered a pot - bellied pig if its weight exceeds 95 pounds, unless registered with a licensed breeder. Properly fitted with respect to a collar or neck restraint shall mean one that measures the circumference of a dog's neck plus at least one inch. With respect to a harness, "properly fitted" means one that is of an adequate size, design and construction as appropriate for the dog's size and weight. Rabies vaccination shall mean an injection of United States Department of Agriculture approved rabies vaccine administered as required by the Texas Health and Safety Code 826.12. Running at large shall mean an animal not completely confined by a building, wall, fence or other enclosure of sufficient strength or function to restrain the animal, except when such animal is either on a leash, or held in the hands of the owner or keeper. An animal within an automobile or other vehicle of its owner shall not be deemed to be at large. Secure enclosure shall mean a house, or a building or kennel /pen which meets the requirements set forth below. In the case of a dangerous animal being kept outdoors, a kennel /pen which shall include a roof which is fastened to all vertical walls, which are submerged in an impervious material. The kennel /pen must be at least six feet in height and have the minimum dimensions of five feet by ten feet. The kennel /pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The kennel /pen will provide protection from the elements and allow for daily removal of waste as approved by the animal control manager or his /her representative. All secure enclosures shall be clearly marked as containing a dangerous animal. Spay /neuter shall mean the surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce. Veterinarian shall mean a doctor of veterinary medicine who holds a valid license to practice his /her profession in the state. Wild animal shall mean any poisonous or dangerous reptile, or any other animal which can normally be found in the wild state, not normally capable of being domesticated including, but not limited to, foxes, leopards, lions, lynx, monkeys (nonhuman primates), panthers, raccoons, skunks and also includes offspring of domesticated canine and wild canine cross - breeds such as coyote or wolf hybrids. This shall apply regardless of duration of captivity. 5 -2 MISCELLANEOUS OFFENSES a. It shall be an offense for any person to interfere with any animal control officer in the performance of his /her duties. b. Every person raising, owning or keeping any dog within the city shall confine such dog to the premises of the owner or person controlling him. The dog shall be confined by a fence or wall and shall be kept within an enclosure, or in absence of an enclosure by tether meeting the requirements of subsection 5.2(k). herein below and under circumstances allowable by such subsection unless accompanied by a responsible person and restrained by a leash, rope or tether in the hands of such person. It shall be an offense for any owner of an animal, other than a cat, to cause, permit, suffer or allow the animal to run at large. It is a defense to an offense charged under this subsection that a person was walking the dog with a hand -held leash. C. A person commits an offense if he knowingly harbors an animal that unreasonably barks, howls, crows, or makes other unreasonable noise near a private residence that disturbs the peace and quiet of any person of ordinary sensibility. 1. A person who is disturbed by an animal that unreasonably barks, howls, crows, or makes other unreasonable noise near a private residence may file a complaint with the animal control division or police department. A complaint must include the name and address of the complainant, the exact address of the disturbance, the type of animal causing the disturbance, and the times that the animal is causing the disturbance. Said complaint may be made in writing at the police department or by telephone. The animal control officer or police officer shall hand deliver the owner or harborer of the animal a notice that a disturbance complaint has been received. If a notice has been mailed to the owner of the animal causing the disturbance, a copy of the letter will also be mailed to the complainant. 2. If an owner or harborer continues to allow his animal to cause a disturbance after 24 hours, the complainant, animal control officer or police officer may file a complaint in writing with the municipal court. d. It shall be an offense for any person to keep a dog within a fenced enclosure in which the fence is not of such construction and strength to keep such animals from running at large regardless of whether or not the dog is actually at large at the time a complaint is made. e. It is an offense for any person to fail to promptly remove any animal waste deposited on any sidewalk, parkway, public street, or upon the floor of any common hall in any entranceway, stairway or upon any private property not his or her own, through urination or defecation, by an animal of which the person is an owner or over which the person has care custody or controli[SH1]. f. It is an offense punishable by a fine not to exceed, $2,000.00, and it shall be considered a public nuisance, for any person to allow any house, building, business, lot, pen, enclosure, yard, or similar place used for the keeping of animals to become unsanitary, offensive by reason of odor, or disagreeable to persons of ordinary sensibilities residing in the vicinity thereof or to the public at large. Any condition injurious to public health caused by improper waste disposal will be considered a violation of this ordinance. g. It is an offense for any household to own, possess, keep, harbor, shelter, or maintain more than eight (8) dogs or eight (8) cats or any combination of eight (8) dogs or cats within the city limits of the City of Paris, Texas. It is a defense to prosecution under this section if the defendant is a veterinary clinic, animal hospital, commercial kennel, a pet shop, legitimate animal breeder or hobbyist that is registered with the American Kennel Club or other similarly recognized kennel club, a research institution or qualified researcher, performing animal exhibition, the City of Paris Animal Control facilities, or to a litter of more than eight (8) dogs or cats who are under six (6) months of age. h. It is an offense to keep or permit to be kept on his premises, or premises under his control, any wild or exotic animal for pet ownership, sale, or display, or for exhibition purposes, whether gratuitously or for a fee. It is a defense to prosecution under this section if the person is operating a zoological park, performing animal exhibition, or circuses as may otherwise be allowed by law. i. No person shall maintain any bears, lions, foxes, wildcats, jaguars, cheetahs, bobcats, wolves, jackals, leopards, hyenas, poisonous snakes or any other wild animals, which may be considered dangerous by the chief of police, within the city. The only exception to this section shall be upon authorization of the city manager approving a temporary permit for a specific period of time. The charge for such a permit shall be set at a minimum of one hundred dollars ($100.00). A violation of this section is a public safety violation punishable by a fine not to exceed $2,000.00, and each day such a violation is permitted to exist constitutes a separate violation. j. It shall be an offense punishable by a fine not to exceed $2,000.00 for any person to permit the carcass of any dead animal to be, or remain, upon any property under his control for more than 24 hours after the death of the animal, and each day such condition is permitted to exist constitutes a separate offense. k. It shall be an offense for a person to use a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system. 1. It shall be a defense to an offense alleged to have been committed under this section if the tethering of a dog is a temporary restraint that occurs: A. In an area without an enclosure. B. During a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; C. In order to protect the safety or welfare of a person or the dog, and the dog's owner maintains direct physical control of the dog; D. In the direct physical control of an owner in a designated city dog park; or E. While on the owner's premises and the dog is within the owner's direct physical control, or F. The restraint prevents the dog from advancing to within 15 feet of the edge of any public street, mailbox, bus stop, sidewalk or other public right -of -way. 2. The defenses provided above do not apply unless the restraint meets the following specifications: A. The chain, rope, tether, leash, cable or other device is attached to a properly fitted collar or harness worn by the dog and is not placed directly around the dog's neck; B. The chain, rope, tether, leash, cable, or other device does not exceed one -tenth of the dog's body weight; C. The chain, rope, tether, leash, cable, or other device, by design and placement allows the dog a reasonable and unobstructed range of motion without entanglement; and 1. A person commits an offense if he fails to pay any and all fees in accordance with this article or if he removes or attempts to remove an animal from the city animal shelter without paying all impoundments, daily housing and other redemption fees assessed. M. Any person who, as the operator of a motor vehicle or bicycle, strikes a domestic animal shall stop at once and report the incident to the animal control division or police department. Failure to do so shall constitute an offense. n. Unless otherwise provided in this chapter, offenses under this Chapter are Class C misdemeanors punishable by a fine not to exceed $500.00. Offenses which carry a maximum fine of $2,000.00, relate to conditions affecting the public health and safety. Such conditions are herein declared to be public nuisances, and each day in which such conditions are permitted to exist constitutes a separate offense. 5 -3 ANIMAL CONTROL a. Authority. 1. The animal control manager is hereby designated the appointed rabies authority officer for the purpose of the enforcement of this ordinance. Duties shall include, but not be limited to, the enforcement of this ordinance, supervision of the animal control officers of the city, and aiding the state board of health in the enforcement of area quarantines, pursuant to the state Health and Safety Code or other statutes. 2. Any animal control officer or peace officer of the city shall have the authority to issue citations for any violation of this ordinance and shall have any other power or duty stated within the terms of this ordinance. If issuing a citation for a violation of this ordinance is not practicable, the animal control officer or peace officer may file a complaint in the Municipal Court, which complaint will be processed in the manner of other cases in the Municipal Court. 3. For purposes of discharging the duties imposed by the provisions of this or other applicable laws, and to enforce the same, the animal control officer may enter upon private property to the full extent permitted by law, which shall include, but not be limited to, entry upon private unfenced property, except dwellings located thereon, when in pursuit of any animal which he has reason to believe is subject to impoundment pursuant to the provisions of this ordinance or other applicable laws. 4. Animal control officers or peace officers shall have the authority to use a tranquilizer gun in the lawful discharge of their duties. 5. In the interest of public safety, animal control officers or peace officers have the authority to destroy any animal running at large if the animal presents a danger to the safety of persons, other animals or property and a real or apparent necessity exists to destroy the animal. 6. Any animal control officer or police officer shall have the authority to humanely euthanize and /or destroy any animal in accordance with the provisions of this article. b. Impoundment. 1. Any animal control officer or police officer is authorized to impound such animals running at large, other than a cat, and may impound a cat upon receipt of a complaint that the cat causes a nuisance or hazard to the health or welfare of any person or animal. 2. Fees: Impoundment of livestock per head Impoundment of dogs or cats per head Daily care of livestock per head Daily care of dogs or cats per head Additional Cost of impounding For Newspaper announcements Euthanasia $50.00 $15.00 $10.00 $3.00 Actual Cost Expended Actual Cost Expended $15.00 �lnl[SH2] the case where the owner of an animal requests that animal control euthanize the animal, animal control is authorized to euthanize such an animal only if the owner resides within the city limits at the time of the request for euthanasia and the animal has not bitten any person within the ten days preceding the request. 3. Any animals violating any provision of this ordinance may be impounded as follows: A. Cats and dogs not exhibiting evidence of registration; B. Any animal infected with a zoonotic disease including, but not limited to, any animal suspected of having been infected by rabies or exposed to rabies; C. Any animal that creates a nuisance; D. Any animal running at large (other than a cat); E. Any animal kept under conditions or treated in a manner which the animal control officer has reasonable cause to believe is cruel or inhumane; F. Any animal that has bitten a person; and G. Any animal violating any provision of this article. 4. If any of the animals named in this ordinance are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify an animal control officer to come and impound such animal. When so notified, it shall be the duty of the animal control officer to have such animal impounded as provided in this article. The use of steel jaw traps, a spring trap with teeth, or any type of trap designed to reasonably ensure cutting, slicing, or tearing to capture animals is prohibited. C. Interfering with humane trapping. A person commits an offense if the person interferes, removes, alters, damages or otherwise tampers with equipment belonging to or set out by the animal control division. d. Notification. The animal control division shall make reasonable effort to contact the owner of any impounded animal that is wearing a current registration tag; however, final responsibility for locating and reclaiming an impounded animal is that of the owner. e. Redemption. No animal impounded shall be released to the owner until all costs and fees prescribed have been paid and until the person applying for the release of such animal has signed an affidavit to the effect that he is the owner of the animal and entitled to possession thereof. The owner of any animal so impounded may redeem his animal as follows: 1. Before sale: By paying the prescribed fees, together with the cost of advertising, if any, and providing evidence of prepayment for vaccination, if required. 2. After sale: By paying to the purchaser double the amount paid by him for such animal, and his reasonable expenses for keeping the same, provided the owner so redeems the animal within ten (10) days after the date of sale; otherwise the animal shall become the absolute property of the purchaser. 3. Any person owning any animal impounded under this article shall be allowed to take such animal from the animal shelter or other place where impounded upon the following conditions: A. Payment to the city of an impoundment fee as described in section 5- 3(6)(2), plus an amount established by the city council per day or fractional part thereof for boarding fees for each day impounded. B. If the owner cannot provide proof of a current rabies vaccination, the animal must be revaccinated or vaccinated for rabies within five days of being reclaimed by the owner of the impounded animal. Animals less than 12 weeks of age will not require a rabies vaccination in order to be released. C. When an animal has been impounded for the first time, the owner of the animal is eligible for a one -time impoundment fee rebate established by the city council upon submission, within 30 days of the animal being redeemed, of written documentation that the animal has been spayed or neutered. f. Disposition. 1. If the owner has not redeemed such impounded animal within three days from its capture and impoundment, the animal may be given to a nonprofit humane organization, placed for adoption, or humanely destroyed. 2. Owner relinquishing responsibility. An owner who no longer wishes responsibility for an animal, or does not desire to regain possession of an impounded animal may, upon signing a waiver in a form provided by the animal control manager, allow the animal to be placed for adoption, given to a humane nonprofit organization, or humanely destroyed; provided, however, that the animal has not bitten a human within the last ten days of the owner wanting to relinquish his responsibility of ownership. 3. Sick or injured animals. Any impounded animal which has been seriously injured or is seriously ill may be euthanized immediately to prevent suffering, or given to a nonprofit humane organization for the purpose of veterinary medical care, as determined by the animal control manager. The animal shelter shall not be responsible for providing veterinary care for any sick or injured animal. 4. Disposition of wild animals. Any impounded wild animal, unless there is a reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the animal control officer. 5. Baby animals. Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide nutritious meals may be immediately euthanized to prevent suffering or given to an individual or to a nonprofit humane organization for the purpose of caring for such animal. 6. Disposition of animals treated inhumanely. The final disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the animal control manager. 7. Adoption of animals. A person may adopt an animal from the animal shelter under the following conditions: A. The animal to be adopted must be classified as adoptable by the animal control manager. B. The prospective adopter has the proper facilities to care for the animal. C. The prospective adopter completes the animal adoption agreement form. D. The prospective adopter pays an adoption fee established by the city council or makes the adoption through the Lamar County Humane Association. E. The adoption fee may be waived for nonprofit humane animal rescue organizations in good standing with the city animal shelter. When the fee is waived for such organizations, no rabies vaccination or sterilization services will be provided. Nonprofit organizations that have the fee waived must present proof of rabies vaccination and sterilization within 30 days from the date the animal is received from the city animal shelter. Additional time shall be allowed for animals less than six months of age. F. The prospective adopter must pay a license fee if required by any provision of this ordinance. 5 -4 LIVESTOCK a. Large livestock. 1. It shall be unlawful for any person to allow large livestock to be at large on private or public property. Any livestock at large within the city limits shall be reported to the sheriff as soon as reasonably possible, in accordance with county and state laws. 2. j[SH3] A person may harbor, keep or maintain livestock on private property in enclosures as defined in this article as follows: one (1) enclosed acre for the first (1st) head of livestock and an additional enclosed half acre for each additional head of livestock. The entire acreage for multiple heads of livestock shall be in a single enclosure, although if sufficient acreage allows, multiple enclosures may be used so long as the enclosures follow the ration of one (1) acre for the first (1st) head of livestock and one -half (1/2) acre for each additional head of livestock is maintained. This section shall apply to all property located within the city limits of the City of Paris, except to those areas zoned Agricultural. 3. Every head of livestock shall be kept within a suitable pen or enclosure, every part of which shall be situated not less than fifty (50) feet from any inhabited dwelling. 4. 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 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 purposes only. S. The provisions above shall not become applicable to property or acreage annexed into the city for a period of 12 months. 6. Any person keeping livestock on the effective date of this article in compliance with its predecessor article but not in compliance with the restrictions of this article may, within ninety (90) days of the effective date of this article, register said livestock with the animal control division. There shall be no fee for this registration, but registration shall be contingent upon an inspection by an animal control officer that confirms that the livestock were being kept on the effective date of the article and in compliance with the requirements of the predecessor article. Livestock that are registered within said 90 day period will be exempt from the provisions of this article. The exemption shall apply only to the specific registered animal or animals and shall further only apply to the specific location for which the animals are registeredj[SH4]. 7. It shall be an offense for a person to keep or harbor livestock in violation of the requirements of this section. b. Miniature livestock. It shall be unlawful for any person to keep miniature livestock in an area zoned residential unless kept in an enclosure of at least one acre, every part of which shall be situated not less than fifty (50) feet from any inhabited dwelling. Not more than 5 additional head of miniature livestock will be allowed in any enclosure per acre. C. Pot - bellied pigs. In addition to other generally applicable requirements, the owner of a pot - bellied pig shall comply with the following: 1. It is an offense for any person to keep, harbor, or raise more than two pot - bellied pigs in any one location within the city. In order for a pot - bellied pig to be considered an adult it must be at least six months of age. 2. All such pot - bellied pigs shall be kept indoors at all times other than for evacuation of waste material or during exercise periods. It is an offense to leave pot - bellied pigs in the back yard or front yard of the owner's residence unattended. All waste material must be collected and disposed of in a manner that will not create a nuisance, and failure to do so is an offense punishable by a fine not to exceed $2,000.00. 3. It shall be unlawful for any person to keep, harbor, or raise a pot - bellied pig which has not received annual vaccinations for erysipelas, parvo virus and leptospirosis (the first of which vaccination shall be obtained before the animal reaches the age of four months). It shall be the responsibility of the owner or caretaker of the pot - bellied pig to provide documentation regarding the vaccinations upon request from Animal Control. d. Swine. Notwithstanding any other provision of this ordinance, and with the exception of pot - bellied pigs as defined in Sec. 5 -4 (c) hereinabove, it shall be unlawful for any person to keep, raise or harbor hogs or swine within the corporate limits of the city. 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 zoning ordinance and zoning map of the city, from keeping hogs or swine at such place of business for a temporary period of time, and not to exceed a maximum of seven (7) days, awaiting their use in connection with the operation and maintenance of such packinghouse, auction or commission sale barn or similar institution, or their sale at such auction or commission sale barn; nor shall this section be construed to prohibit any person from keeping hogs for a temporary period of time within a pen or other enclosure located upon a properly zoned area as designated by the zoning ordinance and zoning map of the city, for experimental, demonstration or exhibition purposes only; provided, however, that, any such person keeping hogs or swine for a temporary period of time for the purposes mentioned in this section shall and must strictly comply with all of the following requirements and provisions: All pens and enclosures wherein hogs or swine are kept in an area properly zoned for one of the purposes mentioned herein shall be maintained and kept in such a manner as not to become unsanitary, offensive, or disagreeable to persons engaged in business or residing in the vicinity thereof, and shall be so maintained as not to breed flies or in any manner cause any injury to the health of the public or any person doing business or residing in the vicinity of such pen or enclosure. 5.5 MISCELLANEOUS ANIMALS a. Nonpoisonous reptiles. Nonpoisonous snakes that do not exceed six feet in length at maturity may be kept in the city. Adult lizards which do not exceed three feet in length at maturity may be kept in the city. b. Fowl. 1. The keeping of fowl such as roosters, ducks, turkeys, geese, peacocks, guineas, or other such loud fowl within the city limits, in any pen, coop or enclosure that is within 75 feet of any residence (other than the owner's), business or school shall be prohibited. 2. No person shall keep more than six hens in an area zoned residential within the city, and shall be no closer than 75 feet to the nearest inhabited dwelling, other than that of the owner. 3. Any fowl kept within the city limits shall be in a secure pen, coop or enclosure, and such structure shall be of such construction and strength to keep such animals from running at large. 4. Public park lands and lakes shall be exempt from the fowl ordinance, as shall property or acreage annexed into the city for a period of 12 months. C. Pigeons. Pigeons shall be kept in an enclosure or coop that is located no closer than 30 feet from any residential dwelling, other than that of the owner and no closer than 50 feet from any swimming pool on an adjoining or adjacent lot. When an owner allows his /her pigeons to exercise outside of their enclosure or coop, he shall ensure that his pigeons do not roost on or about a neighbor's dwelling nor interfere with a neighbor's enjoyment of his property. d. Rabbits. It shall be unlawful for any person raising or keeping any guinea pigs or rabbits on any property within the corporate limits of the city, to keep or harbor any such guinea pigs or rabbits in any pen, coop, lot or other enclosure, any part of which is located within fifty (50) feet of any inhabited dwelling; provided, that this distance requirement shall not be applied to the dwelling or residence of the keeper or owner of such rabbits or guinea pigs. Rabbit enclosures shall be of a design which prohibits waste material dropping to the ground and such construction and strength to keep such animal from running at large. e. Bees 1. All bee colonies shall be kept in "Lang troth" -type hives with removable frames, which shall be kept in sound and useable condition. 2. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, birdbath, or other water sources where they may cause human, bird, or domestic pet contact. 3. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly "re- queen" the colony. Queens shall be selected from stock bred for gentleness and non - swarming characteristics. 4. The name, address, and telephone numbers of the owner or beekeeper shall be painted, or otherwise clearly marked upon the structure of each hive. S. The animal control manager, upon determination that any colony situated within the city is not being kept in compliance with this section, may order the bees removed from the city or destroyed. 6. It shall be unlawful to keep more than the following number of colonies on any lot, in an area zoned residential within the city, based upon the size of the lot which the apiary is situated: a. One -half acre or less lot size: two colonies; b. Larger than one -half but less than one acre of lot size: four colonies; C. Regardless of lot size, where all hives are situated at least 100 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies. 7. It shall be an offense for any owner, person, or beekeeper to keep any colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. 5 -6 DANGEROUS DOGS All pertinent provisions of Chapter 822 of the Texas Health and Safety Code, as may be amended from time to time, relating to the regulation of dangerous dogs and dogs causing serious bodily injury or death to persons, are adopted herein, and in the event of a conflict between such statute and the Code of Ordinances, the Code of Ordinances shall control. 5 -7 RABIES CONTROL a. All pertinent provisions of the Rabies Control Act of 1981, as annotated in the Texas Health and Safety Code, Title 10, Health and Safety of Animals, Chapter 826 are adopted, and in the event of conflict between such statute and the Code of Ordinances, such statute shall control. The chief of the police department or some other eligible person shall be designated by resolution as the local health authority for the purpose of administering the statute. b. Every owner of a dog or cat three months of age or older shall have such animal vaccinated against rabies. All such dogs or cats shall be revaccinated at three -year intervals thereafter. Any person establishing residence within the city shall comply with this ordinance within ten days of establishing such residency. If the dog or cat has inflicted a bite on any person, within the last ten days, the owner of such dog or cat shall report such fact to a veterinarian, and no rabies vaccine shall be administered until after a ten -day observation. C. Certificate of vaccination. A veterinarian who vaccinates a dog or cat against rabies shall issue to the owner of the animal a vaccination certificate in a form which meets the minimum standards approved by the state board of health. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information: The name, address and telephone number of the owner of the vaccinated dog or cat; 2. Animal identification: species, sex (including neutered if applicable), approximate age, size (pounds), predominant breed, and colors; 3. Vaccine used: producer, expiration date, and serial number; 4. The date of vaccination; 5. The year and number of the rabies tag; and 6. The veterinarian's address, signature or signature stamp, and license number. d. Concurrent with the issuance and delivery of the certificate of vaccination referred to in this section, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated dog or cat a metal tag, serially numbered to correspond with the vaccination certificate number, bearing the year of issuance and the name of the veterinarian and his address. The owner shall cause the collar or harness with the attached metal tag to be worn by his dog or cat at all times. e. Duplicate tags. In the event of loss or destruction of the original tag provided in section 5 -7(d), the owner of the dog or cat shall obtain a duplicate tag. Vaccination certificates (and tags) shall be valid only for the animal for which they were originally issued. f. Proof. It shall be an offense for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this ordinance. g. Harboring unvaccinated animals. It shall be an offense for any person to harbor any dog or cat which has not been vaccinated against rabies, as provided in this article, or which cannot be identified as having a current vaccination certificate. h. Animals exposed to rabies. Any person having knowledge of the existence of any animal known to have been, or suspected of being, exposed to rabies must immediately report such knowledge to the animal control division, giving any information that may be required. For any animal to have been, or suspected of being, exposed to rabies, the following rules must apply: 1. Animals having a current vaccination must be revaccinated immediately and confined at the owner's expense according to the method prescribed by the animal control manager for a period of not less than 45 days. 2. Animals not having a current vaccination should be humanely destroyed. However, if the owner of such an animal elects, he may, at his expense and in a manner prescribed by the animal control officer, confine such animal. Such animal must be vaccinated immediately following exposure and confined for not less than three months. A revaccination shall be administered on the third and eighth week prior to release from confinement. i. Declaration of quarantine. Should a potential outbreak of rabies within the city be suspected and the danger to the public safety from rabid animals be reasonably imminent, the local rabies authority is hereby authorized to issue a quarantine proclamation, ordering persons owning, keeping, or harboring dogs or other animals to muzzle the same or confine them in such quarantine proclamation by local newspaper. Persons owning or harboring such animals shall confine them to the premises unless they are effectively muzzled and under the control of an adult person by leash, cord, chain, or rope. Animals found at large in violation of this section may be destroyed by an animal control officer or police officer of the city if such officer is unable, with reasonable effort, to apprehend such animal for impoundment. j. Reporting animal bites. Every physician or other medical practitioner who treats a person for any animal bite, or any person having knowledge of an animal bite, shall, within 24 hours, report such treatment to the animal control division giving the name, age, sex and precise location of the bitten person and such other information as the officer or agency may require. The animal control division will investigate each bite incident, utilizing standardized reporting forms provided by the state department of health. Human bites from rodents, rabbits, birds, and reptiles are excluded from the reporting requirements. k. Animal quarantine. 1. The local rabies authority may order the quarantine of any animal that has bitten a person or another animal or that is suspected of having a zoonotic disease. 2. Any owned dog or cat which has bitten a person shall be observed for a period of ten days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance with state law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment at the animal shelter, or at a veterinary hospital of the owner's choice. Such confinement shall be at owner's expense. Stray dogs and cats, or those animals whose owners cannot be located, shall be quarantined at the animal shelter for a period of ten days. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce such dog or cat for impoundment, as prescribed in this article. Refusal to produce such dog or cat constitutes a violation of this section, and each day of such refusal shall constitute a separate and individual violation. 3. An owner of a dog or cat that has bitten may request permission from an animal control officer to home quarantine his animal if the following criteria can be met: A. Secure facilities must be available at the home of the animal's owner and must be approved by the animal control manager. B. The animal is currently vaccinated against rabies. C. The animal was not running at large at the time the bite occurred. D. The animal control officer or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal control officer must be notified by the person having possession of the animal. At the end of the observation period the release from quarantine must be accomplished in writing. E. If the animal cannot be maintained in a secured quarantine, it shall be humanely destroyed and the brain submitted to a state department of health certified laboratory for rabies diagnosis. 4. It shall be unlawful for any person to interrupt the ten -day observation period. 5. No wild animal will be placed in quarantine. All wild animals or hybrid thereof involved in biting incidents will be humanely euthanized in such a manner that the brain shall be submitted to a state department of health certified laboratory for rabies testing. 6. The owner of an animal that is quarantined under this article shall pay to the animal shelter the reasonable costs of the quarantine, care, treatment, and disposition of the animal, and the animal control manager shall be authorized to humanely euthanize any animal that the owner or custodian does not take possession of on or before the third day following the final day of quarantine." Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in accordance with Section 1 -6 of the code of ordinances of the City of Paris, Texas, and each and every days continuance of any violation of the above - enumerated section shall constitute and be deemed a separate offense. Section B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 25th day of January, 2016. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, Interim City Attorney