HomeMy WebLinkAboutORD 1988-040 ORDINANCE NO. 88-40
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING CHAPTER 6 OF THE GRAPEVINE CITY
CODE �tELATING TO ANIMALS AND FOWL, BY
AMENDING SECTIONS 6-1 , 6-2, 6-4, 6-5, 6-6
and 6-7; PROVIDING A NEW SECTION 6-10
RELATING TO ENFORCEMENT; BY PROVIDING A NEW
SECTION 6-11 RELATING TO FALSE STATEMENTS;
BY PROVIDING A NEW SECTION 6-12 RELATING TO
LIVESTOCK RIDING; BY PROVIDING A NEW SECTION
6-13 RELATING TO TAMPERING WITH TRAPS AND
EQUIPMENT; BY PROVIDING A NEW SECTION 6-14
RELATING TO ANIMAL CARE; BY PROVIDING A NEW
SECTION 6-15 RELATING TO DUTY TO REPORT '
INJURED ANIMALS; BY PROVIDING A NEW SECTION '
' 6-16 RELATING TO URINATING AND DEFECATING ON ,
PUBLIC AND PRIVATE PROPERTY; BY PROVTDING A ,
NEW SECTION 6-17 RELATING TO KEEPING OF '
DISEASED OR CRIPPLED ANIMALS; BY PROVIDING A '
NEW SECTION 6-18 RELATING TO PRISONERS '
ANIMALS; BY AMENDING SECTIONS 6-20 , 6-23 AND
6-24 ; BY AMENDING SECTION 6-22 RELATING TO
VICIOUS ANIMALS, BY REPEALING SECTIONS 6-21 ,
6-23 , 6-24 , 6-25 AND 6-26 IN THEIR ENTIRETY;
BY AMENDING SECTIONS 6-30 and 6-31 ; BY ;
AMENDING SECTIONS 6-33 and 6-34 BY PROVIDING i
RULES AND REGULATIONS REGARDING THE KEEPING '
OF DANGEROUS ANIMALS; PROVIDING FOR �
INJUNCTIVE RELIEF; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND '
DOLLARS ($2, 000 . 00) FOR EACH OFFENSE '
RELATING TO PUBLIC HEALTH AND SANITATION,
NOR TO EXCEED FIVE HUNDRED DOLLARS ($�D0 . 00)
FOR EACH OFFENSE FOR ALL . OTHER VIOLATIONS
" AND PROVIDING THAT EACH DAY AN OFFENSE
OCCURS OR CONTINUES SHALL CONSTITUTE A
SEPARATE OFFENSE; PROVIDING A SEVERABILITY
4 Y CLAIISE; DECLARING AN EMERGENCY AND PROVIDING
AN FrF'FECTI VE DATE.
Section 1 . That Chapter 6, Section 6-1 of the
Grapevine City Code is hereby amended to read as follows :
"Sec . 6-1 . Definitions .
A. When used in this ordinance the
following words and terms , unless the
context indicates a different meaning, shall
be interpreted as follows :
1. Animal: Any living, non-�uman
creature. . � � �
2 . Animal control officer : Enforcement
officer for animal control within
the city,
3 . Animal control shelter : A
city-operated or designated facility
for impounding and caring for
animals held under the authority of
�,�,r this chapter .
4 . At large: Shall mean an animal not
kept within an enclosure or fenced
area or restrained by a leash of
sufficient strength and length to
control the actions of said animal .
5 . Cat : Animal of the feline species,
both male and female.
6 . Circus : For the purposes of this
chapter , means a commercial variety
show featuring animal acts for
public entertainment .
7 . City: The City of Grapevine, Texas .
8 . Commercial animal establishment :
Any pet shop, animal auction, riding
school or stable, zoological park,
circus , recurring animal exhibition,
or commercial kennel .
V 9 . Commercial Kennel : 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 .
10 . Dangerous Animal means :
a. any animal that in a vicious or
terrorizing manner , approaches
any person in apparent attitude
of attack upon the streets ,
sidewalks , or any public or
' private property; or
b . any animal with a known
propensity, tendency or dis-
position to attack unprovoked,
to cause injury or to otherwise
endanger the safety of human
beings or animals; or
c . any animal suspected of being a
,. dangerous animal if the owner,
keeper , or harborer of such
animal fails or refuses to make
such animal available f or
inspectiQn by an animal control
officer .
Provided however , the term dangerous
animal shall not mean an animal accused of
any behavior described in this definition
that occurs as a result of a trespass upon
the property of the owner or harborer of the
accused animal .
10 . Dog: Animal of the canine species ,
both male and female.
11 . Domestic Animal : Shall include all �
species of animals commonly and
universally accepted as being
domesticated.
12 . Estray: Any stray livestock.
13 . Fowl : A bird of any kind, domestic
�.w or wi1d.
14 . Harbor : The act of keeping and
caring for an animal or of providing
, a premise to which the animal
returns for food, shelter , or care
for a period of at least three (3 )
days .
-2-
0 I 8 6 c
I
15 . Known Propensity: Any animal with a
natural inclination, tendency, or
disposition.
16 . Livestock: Means any horse,
stalTion, mare, gelding, filly,
colt, mule, jinny, jack, hog, sheep,
goat, or any species of cattle. Any
domestic animal other than dog or
cat .
17 . Owner : Any person owning, keeping,
' or having custody or control of , or
who has right of property in an
animal .
18 . Pet Animals : Any animal kept for
pleasure rather than utility and
shall include dogs , cats , rabbits ,
rodents , birds , reptiles , and any
other species of animal which is
sold or retained as household pets
but shall not include skunks ,
non-human primates , and any other
species of wild, exotic , or
carnivorous animal that may be
further restricted in this ordinance.
19 . Pet shop: Any establishment owned
and operated by a person, corpora-
tion or association, whether
operated separately or in connection
with another business enterprise,
- except for a commercial kennel , that
buys, sells, boards, or grooms any
species of animal .
20 . Stray Animal : ' Any animal , for which
there is no identifiable owner or
harborer, which is found to be at
large within the corporatg limits of
the City.
21 . Unprovoked conduct : With respect to
an attack by a dog means that the
dog was not hit, kicked, or struck
by a person with any object or part
of person' s body nor was any part of
the dog' s body pulled, pinched, or
poked.
22 . Vicious conduct : Means an attack
made by the• dog on a person in which ; �
the dog initiated physical contact
� with the person and fails to
retreat, and:
� ° a. the attack xesuited in bodily
injury to the person;
;,� ,* b. the attack was unprovoked; and
c . the attack did not occur in a
pen or other enclosure in which
the dog was being kept and that
� was reasonably certain to
prevent the dog from leaving the
pen or enclosure on its own.
-3-
0 1 8 6 c
23 . Wild Animal : Shall include all
- species of animals which exist in a
natural , unconfined state and are
usually undomesticated. Including
but not limited to, poisonous
snakes, poisonous fish, piranhas , ;
spiders, scorpions, boa ;
constrictors, alligators, crocodiles '
and ather reptiles , monkeys
(non-human primates) , raccoon,
skunk, ferret, fox, wolf , leopard,
panthers , tigers and lions .
24 . Zoological Park: Any facility other
than a pet shop or kennel ,
displaying or exhibiting one ( 1) or �
more species of nondomesticated
animals, operated by a person,
partnership, corporation or
government agency. "
Section 2 . That Chapter 6 , Section 6-2 of the �
Grapevine City Code is hereby amended to read as follows :
"Sec . 6-2 . Livestock; Sanitary
Conditions .
A. It shall be unlawful for any person
to keep or harbor any livestock within the
corporate limits of the City in any pen,
stable, shed, or other enclosure at a
distance of less than fifty ( 50) feet from
any residence, buslness,
commercial
�._. ,., establishment, office, school , hospital , or
nursing hame. This fifty ( 50) foot
requirement does not apply to the livestock
� -> owner ' s residence, business , commercial
establishment or office.
B. It shall be unlawful for any person
to keep or harbor any livestDck within the
corporate limits of the City where there is
less than twenty thousand (20 , 000) square
feet for each cattle and ten thousand
( 10 , 000) square feet for all other types of
livestock .
C. It shall be unlawful for any person
to allow livestock within fifty (50) feet of
any dwelling used for human habitation,
(other than the owner ' s dwelling) .
D. It shall be unTawful for any person �
to keep or harbor any fowl within the
corporate limits of the City in any pen,
shed, coop or enclosure, if any part of such
enclosure or structure is within fifty (50 )
feet of any residence, business or
commercial establishment or office, (other
than the owner ' s) , school , hospital or
nursing home . Al1 persons who maintain any
`y�"`�° such structure within f ifty ( 50) feet of the
above listed uses on the effective date of
this ordinance shall register said structure
with the Chief of Police within six ( 6)
, months of the effective date of this
ordinance . ' Said persons shall be exempt
from the provisions of this subsection.
Section 6-2(D) sha11 not apply to pet birds
kept within residential or commercial
-4-
0 1 8 6 c
structures nor shall it apply to birdhouses
for the keeping of migrating or wild birds .
E. It shall be unlawful for any owner
of any animal to maintain yards , pens ,
stables, sheds , coops or other enclosures in
which such animals are confined in such a ,
manner as to give off odors offensive to
persons of ordinary sensibilities residing
in the vicinity, or to breed or attract
, flies, mosquitos or other noxious insects or
rodents, or in any manner to endanger the
- - public health, safety or welfare, or creates
a public nuisance.
F. Manure and droppings shall be
removed from pens, stables, yards , coops and
other enclosures regularly and handled or
disposed of in such a manner as to keep the
premises free of any nuisance.
G. Mound storage of droppings or manure
between such removals shall be permitted
only under such condit-ons as to protect
against the breeding of flies , rodents , and
to prevent the migration of fly larvae
(maggots) into the surrounding soil .
H. The feeding of vegetables , meat
scraps or garbage to livestock shall be done
only in impervious containers or on an
impervious platform.
I . Watering troughs or tanks shall be
provided which shall be equipped with
adequate facilities for draining the
��-� overflow so as to prevent the breeding of
flies, mosquitas or other insects .
J. �o putrescible material shall be
allowed to accumulate on the premises; and
all such material used to feed which is
unconsumed shall be removed and disposed of
by burial or other sanitary means .
K. No changes in zoning or new
construction on contiguous or adjacent
property shall cause any uses or structures
existing prior to the change in zoning or
new construction to become illegal or
non-conforming pursu�nt to Section 6-2 .
Section 3 . That Chapter 6, Section 6-4 of, the
, Grapevine City Code is hereby amended to read as follows :
"Sec . 6-4 . Wild Animals .
A. It shall be unlawful to keep or
harbor any wild animal within the City,
except at commercial animal establishments
dealing in the sale or handling of such
��`"''� animals, and having proper zoning for such
commercial establishments and having proper
facilities for the restraint and care of
such animals .
B . The animal control officer and the
city manager or his designee may establish
cnnditions under which it would be
permissible to keep or harbor wild animals
at locations other than those listed in
Section 6-4(A) for a period of time not to
exceed one ( 1) month.
, -5-
Section 4 . That Chapter 6, Section 6-5 of the �
Grapevine City Code is hereby amended to read as follows : '
"Sec . 6-5 . Animals at large. '
It shall be unlawful for the owner or �
harborer of any animal , to permit the same
to be at large in the City or to trespass
upon the premises of any other person.
There shall be an irrebutable presumption
that any animal which is at large shall have
done so by the permission of its owner or
- harborer . " .
Section 5 . That Chapter 6, Section 6-6 of the
Grapevine City Code is hereby amended to read as follows :
�
"Sec . 6-6 . Impounding of Cats , Dogs . �
�
,
;
A. The health officer , the animal �
control officer , or any police officer may
cause to be taken up and impounded any ?
animal , excluding livestock, at-large in
violation of the terms of this chapter .
Provided, however , that this section shall
be enforced relative to cats only upon
receipt of a complaint .
- B. The owner of any animal impounded
under the terms of this chapter shall have
the right to redeem same, unless otherwise
' provided, upon payment to the city for each
dog or cat so redeemed the sum Df fifteen
dollars ($15 . 00) . For each additional
impoundment of the same dog or cat that
occurs, the impoundment fee shall increase
by fifteen dollars ($15 . 00 ) for each
additional impoundment . In addition to the
impoundment fee the owner shall pay the
boardi.ng fQe of five dollars ($5 . 00) per
day, fine, if any, and any veterinary or
drug fees incurred during impoundment .
C. All dogs and cats redeemed at the
animal shelter must be vaccinated against
, rabies in accordance with the provisions of
section 6-30 within three C3) days of the
redemption date if said animal does not have
a current and valid rabies vaccination
certificate. If the owner or harborer of
said animal f ails to have the redeemed
animal vaccinated within three (3) days
after the redemption date, the owner or �
harborer shall be fined in an amount of at
least one hundred dollars ($100 . 00) ,
provided he is found guilty or pleads guilty
or nolo contendere to the offense .
D . All impounded animals shall be
redeemed within three (3) days after their
impoundment . All animals not redeemed
'� ' within that time shall be given to a new
owner , or be humanely destroyed if no new
owner is found. "
, Section 6 . That Chapter 6, Section 6-7 of the
Grapevine City Code is hereby amended to read as follows :
_6_
' 0 1 8 6 c
"Sec . 6-7 . Confinement during estrus .
Any unspayed female dog or cat in the
state of estrus (heat) shall be confined
during such period of time in a house,
building, or secure enclosure and said area
of enclosure shall be so constructed so that
the animal may not escape the enclosure and
that no other dog or cat may gain access to
_ - the confined animal , except when the owner �
desires access to the animal for breeding
purposes . Owners or harborers who do not
� comply with this section shall be ordered to
remove the animal in heat to a commercial
kennel, veterinary hospital , or animal �
shelter . All expenses incurred as a result j
of this confinement shall be paid by the ,
owner or harborer . Failure to comply with
the removal order of the animal control ;
officer shall be a violation of this
ordinance and the dog or cat may then be
impounded as prescribed in this ordinance.
Section 7 . That Chapter 6 of the �3rapevine City Code
is hereby amended by the addition of a new subsection 6-10 ,
which shall read as follows :
"Sec . 6-10 . Enforcement .
A. The animal control officer of the
City is hereby designated the person
responsible for the purpose of the
enforcement of this Chapter . His duties
shall include, but shall not be limited to ,
�" " the enforcement of this Chapter, and aiding
the Texas Board of Health in the enforcement
� of area quarantine, pursuant to Article
4477-5a, V.A.C.S. , as may be amended.
B. Any animal control officer of the
City shall have the authority to issue
citations for any violation of this chapter
: and any other power or duty stated within
the terms of this Chapter . If the person
being cited is not present, the animal
control officer may send the citation to the
alleged offender by registered or certified
mail , return receipt requested, by
depositing same in the U. S . Mail , postage
prepaid.
C. It shall be unlawful for any person �
to interfere with any animal control officer .
in the performance of his duites . �
D. It shall be unlawful for any person
to fail to comply with any lawful order of
the animal control officer of the City.
E, Any animal control officer or any
peace officer is authorized to, including
�� ,,� but not 1 imited to :
l . Humanely destroy an animal which
poses an imminent danger to a person
or property or a real or apparent
necessity exists for the destruction
of an animal ; and
_�_
, 0 1 8 6 c
2 . Impound an animal which is diseased
or endangers the health of a person ,
or another animal .
3 . Impound any animal hereinafter ;
designated found to be
running-at-large or to be a stray '
within the City.
�,2,;4 4 . Humanely destroy any animal which
has been seriously injured, where
such animal is too large to remove �
from �he scene of injury to the
�'�'"� Animal Shelter . � � � �
'
5 . Humanely destroy any impounded j
dangerous or vicious animal , unless
there is reason to believe that it �
has an owner , unless otherwise '
provided for in this chapter .
6 . Pursue animals running-at-large onto ,
private property excluding
residences, while enforcing the
provisions of this chapter and enter
onto private property and commercial
animal establishments to enforce
regulations covered in this chapter . "
Section 8 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of a new Section 6-11 , which
shall read as follows :
"5ec. 6-11 . False Statements .
A. It shall be unlawful for any person
to make a f alse statement in any
�°"`'� application, affidavit or other document
required by this chapter or any regulation
prescr.ibed thereby.
B. It shall be unlawful for any person
to give a false statement in regards to the
identity of any animal which is found in
violation of any ordinance or to any
identity of any owner of such animal as
required by this chapter or any regulation
prescribed thereby. "
Section 9 . That Chapter 6 , of the Grapevine City Code
is hereby amended by the a�dition of a new Section 6-12, which
shall read as foliows: �
"Sec . 6-12 . Livestock Riding or Driving �
on Public and Private
Property.
A. It shall be unlawful for any person
ro � to allow livestock to be driven or ridden
upon any public property, �rovided, however ,
horses may be ridden on the unimproved or
,� t unpaved portion of the right-of-way.
B . It shall be unlawful for any person
to allow livestock to be driven or ridden on
' any private property, unless same be done on
� the property of the owner of the livestock
' or by permission of the owner of the
` property. "
E
�i
_8_
0 1 8 6 c
Section 10 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of a new Section 6-13 , which
shall read as follows :
"Sec . 6-13 . Tampering with Traps and
Equipment . �
It shall be unlawful for. any person to
remove, alter , damage, or otherwise tamper '
with a trap or equipment set out by the
,�. t
' animal control officer . " i
Section 11 . That Chapter 6 of the Grapevine City Code �
is hereby amended by the addition of a new Section 6-14 , which '
shall read as follows :
"Sec . 6-14 . Animal Care.
A. It shall be unlawful for any owner
or harborer to fail to provide his animals
with sufficient good and wholesome food or
water , adequate shelter and protection from
weather, veterinary care when needed to
prevent suffering, and with humane care and
treatment .
B. It shall be unlawful for any person
to beat, cruelly treat, torment , mentally
abuse, overload, overwork, or otherwise
abuse an animal , or cause, instigate, or
permit any dog fight , cock fight , bull
fight, or other combat between animals or
between animals and humans .
,.: C. It shall be unlawful for any person
to abandon an animal in his custody.
�� -� D. It shall be unlawful for any person
ta give away any live animal as a prize for
or as an inducement to enter any contest ,
game or other competition c�r an inducement
to enter a place of business; the provisions
of the sub-section shall not apply to
auctions , raffles and games of chance in
which consideration is made.
E . It shall be unlawful for any person
to sell , offer for sale, barter or give away
any dyed, colored or otherwise artificially
treated baby chicks , ducklings or other
fowl, rabbits , hamsters, or any other
animal . "
Section 12 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of a new Section 6-15, which
shall read as follows :
"Sec. 6-1� . Duty to report injury or
death of animals or fowl
hit by vehicles .
Every person who strikes an animal or
�`"""' fowl with a vehicle and injures or kills
such animal or fowl shall notify the Animal
Control Department immediately after the
occurrence and shall give the time and place
, of the injury or death, a description of the
animal or fawl , and the name and address of
� the person making the report . "
�
I
_g_
0 t 8 6 c
Section 13 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of new Section 6-16 , which
shall read as follows :
"Sec . 6-16 . Urinating or defecating on
sidewalks, public parks ,
alleys and other places
open to the . public or on
certain private property
prohibited.
� It shall be unlawful for the owner or ,
harborer of any animal to allow such animal
= A� to urinate or defecate upon sidewalks,
public parks , alleys, other places open to
the public, or on private property without
permission of the owner thereof . In the
event that the owner or harborer of such
animal is unable to prevent the deposit of
defecation in violation of this Section, it
shall be the duty of such person to properly ,
dispose of such waste material . "
Section 14 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of a new Section 6-17 , which
shall read as follows :
"Sec . 6-17 . Keeping of diseased or
crippled animals .
It shall be unlawful for any person to
, keep or harbor any animal which is inflicted
with any dangerous, or communicable disease,
or which is in a painfully crippled or
diseased condition that to keep said animal
alive would be considered inhumane. Al1
such animals shall be humanely destroyed by
��� Y a licensed v�terinarian or turned over to
the Animal Control Department to be humanely
destroyed. This Section shall not apply to
veterinary hospitals or animals under active
veterinarian care with due regard for public
health and safety. "
Section 15 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of a new Section 6-18 , which
shall read as follows :
"Se� . 6-18 . Prisoners ' Animals
A. Any person who is taken into the
custody of the Grapevine Police Department
or other law enforcement personnel and �
having in his possession an animal , shall be
notified that the animal will be transferred
to the Animal Control Shelter .
B. During confinement af said person,
the animal will be taken care of by the
Animal Control Department . The animal must
be redeemed from impoundment within
' seventy-two (72) hours from the time of
*�"� incarceration of the owner, at no charge to
the owner . If the animal has not been
redeemed within the seventy-two ( 72) hour
period, then the animal becomes the property
, of the City of Grapevine and may be humanely
destroyed of in a manner deemed appropriate
' by the animal contrnl officer .
�,
i -10-
0 1 8 6 c
C. No one shall be able to redeem an
animal taken possession of pursuant to this
section except the owner or the owner ' s duly
authorized designee . "
Section 16 . That Chapter 6 , Section 6-20 of the
Grapevine City Code is hereby amended to read as follows :
"Sec . 6-20 . Numbers and Breeding;
- Permits .
i
A. It shall be unlawful for any person
� , to keep or harbor more than f our (4) dogs or
cats or combination of both, three (3) �
months of age or older on any lot or lots
located within the City.
B. It shall be unlawful for the owner
or harborer of any animal to permit or cause !
to be permitted the breeding of any such
animal within the public view.
C. Owners or breeders of dogs and cats
strictly for a hobby may make ap�lication
with the City Manager or his designee for
permission to keep or harbor more than four
(4) dogs or cats or a combination of both of
three (3) months of age or older . The City
Manager or his designee shall issue a permit
for one ( 1) year to the applicant upon the
following information being furnished and
the listed conditions being satisfied:
l . The maximum number of cats or dogs
to be kept or housed:
�,,,..y, 2 . The reason or purpose for the
keeping of animals .
3. That the dogs or cats are to be
housed in cages or pens inside a
residence or completely enclosed
structure.
4 . That the dogs or cats are to be kept
so as to not be a nuisance or
detriment to any adjoining or
adjacent dwellings .
5 . The cages or pens are to be
maintained in a sanitary condition
so as not to create any hazards to
the general. health and welfare of �
the community.
6. That the applicant has complied with
all applicable provisions of this
ordinance.
D. The City Manager or his designee
t�pon being satisfied that the above
,�::� information has been furnished and the
conditions satisfied, shall issue a permit
for one ( 1) year to the applicant . This
permit may be revoked at any time upon any
of the conditions and requirements being
violated, or any part of the ordinances as
set forth herein. The permittee shall be
allowed tD renew the permit upon submitting
a renewal applicatian to the City Manager or
-11-
0 I 8 6 c
� his designee . The renewal application shall ,
contain the same information as is required :
for the initial application and the renewal
permit shall be valid for one ( 1) year .
Section 18 . That Chapter 6, Section 6-22 of the
Grapevine City Code is hereby amended to read as follows :
"Sec . 6-22 . Vicious Dogs . i
�
A. A person commits an offense if the ;
person owns or keeps in his custody or 1
} - control a dog that he knows has engaged in
vicious conduct and the person does not : ;
1 . restrain the dog at all times on a '
leash or similar device in the �
immediate control of the owner or i
other person at the direction of the
owner or in a pen or other enclosure
reasonably certain to prevent the
dog from leaving the pen or
enclosure on its own; and '
2 . have insurance coverage in an amount
of at least one hundred thousand
dollars ($100 , 000 . 00 ) insuring
against liability of the person for
damages resulting from bodily injury
to an individual caused by any dog
belonging to or in the custody or
control of the person.
K B. A person has 51Xt17 ( 60) days from
t�e date on which the person knows his dog
has engaged in vicious conduct to comply
��r� with the provisions of Subsection (a) of
this section.
C. It 35 a defense to prnsecution under
this section that the person is a
veterinarian, an animal control officer, 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 ownership, custody
or control of the dog in connection with
that position.
D. If it is shown on the trial of an
offense under this section, that a person
has previously been �onvicted under this
section for an offense in which the dog that
was the subject r of the offense is the same
dog that is the subject of the offense for
which the person is being tried, on
�. � conviction of the court entering the
judgment shall order the dog be humanely
destroyed. The humane destruction of the
dog must be performed by a licensed
`�"'"' veterinarian or by personnel of a recognized
animal shelter or humane society or of a
governmental agency responsible for animal
control who are trained in the humane
; destruction of animals . "
Section 21 . That Chapter 6 , Sections 6-21 , 6-23 , 6-24 ,
5-25 and 6-26 of the Grapevine City Code are hereby repealed in
their entirety.
-12-
0 1 8 6 c
Section 22 . That Chapter 6 , Section 6-30 of the
Grapevine City Code is hereby amended to read �s follows :
i
"Sec . 6-30 . Vaccinations; certificates ,
tags . �
A. Every owner of a dog or cat four (4)
months of age or older shall have such
animal vaccinated against rabies with an
��,�-.a
antirabies vaccine approved by the Texas
Board of Health. The vaccine shall be
administered by a duly licensed veterinarian �
only, whether the vaccine is of the modified �
- live virus or the inactivated type. Under `�
no circumstances or exceptions shall any ,�
; vaccination be accepted, except by a �
licensed veterinarian, such as that sold by
feed or pet stores . Failure to have said �
animal vaccinated shall be an offense under �
this chapter and shall subject the owner or �
harborer to a fine. The fine for the second ;'
violation of failure to have an animal �
vaccinated shall be at least double the fine
for the original offense .
B . All such dogs or cats shall be
re-vaccinated at one (1) year intervals
thereafter . Any person establishing
residence within the City of Grapevine shall
comply with this section within ten ( 10)
days of establishing such residency. If an
unvaccinated dog or cat inflicts a bite,
scratch, or otherwise attacks any person
within the city limits a rabies vaccine
R , shall not be administered to the dog or cat
until after a ten ( 10) day observation
period beginning with the date of a bite,
°- �� scratch or attack.
C. U�on vaccination, the veterinarian
shall execute and furni�h to the owner of
the dog or cat as evidence thereof, a
certificate of vaccination. The
veterinarian shall retain a duplicate copy
of the certificate and one ( 1 ) copy shall be
filed with the owner . Such certificate
shall contain the following information:
1 . The name, address , and telephone
number of the owner of the
vaccinated animal .
2 . The date of the vaccination.
3 . The type -of rabies vaccine used.
�' 4 . The year and number of the rabies
tag.
'k �e ;.
5 . The breed, age, color, and sex of
vaccinated animal .
"" D . Concurrent with the issuance and
delivery of the certificate of vaccination,
the owner or harborer of the dog or cat
shall cause to be attached to the collar or
, harness of the vaccinated animal a metal
� tag, serially numbered to correspond with
' the vaccination certificate number and
, bearing the year af issuan�e. It shall be
an offense under this chapter for a person
-13-
0 1 8 6 c
to own or harbor a dog or ca�; ;on which the �
rabies tag is not affixed ta said animal �
while said animal is off the premises of the !
owner . " ?
's
Section 23 . That Chapter 6, Section 6-31 of the �
Grapevine City Code is hereby amended to r�ad as follows :
"Section 6-31 . Quarantine; Reporting Bites
or Suspected Ra�aies . ,
' A. In the event a potential outbreak of
rabies is suspected and the danger of the j
� public safety from rabid animals is '
reasonably imminent, the supervisor of
Animal Control is hereby authorized and it �
shall be his duty to issue a quarantine
proclamation ordering persons owning, �
keeping or harboring any animal to confine
it as herein provided for such time as may i
be specified in such quarantine
proclamation. Upon the publication of such
proclamation by the supervisor of Animal
Control , any person keeping or harboring any
dog or cat or other animal shall follow the
procedure as described in Section 6-5
regarding animals at large except that such
animal, under the control of an adult person
and on a physical restraint , may do so only
, if the animal is effectively muzzled. All
dogs, cats or other animals found at large
during the time specified by the Animal
Control officer in his quarantine
proclamation may be humanely destroyed by
�" "" any law enfc�rcement officer or animal
control officer if said officer is unable
���:.,,.�
with reasonable effort to apprehend such
animal for zm�oundment .
�. _It is the duty of any pers.on wrho has
knowledge that an animal bite has occurred
to report such fact to the Grapevine Police
Department or to the Animal Control
Department . The person reporting the bite
shall give the following information, if
known: the name, age, sex, and precise
location of the bitten person or persons and
such other information as the officer may
require .
C. .Any vetsrinarian who clinically
diagnoses rabies or any person who suspects
rabies in a dog, cat, or other domestic or
wild animal shall immediately report such
fact to the Po11ce Department or the Animal
Control Department, stating precisely where
such animal may be found. If a known or
� , suspected rai�id animal bites or scratches a
� domestic animal , such incident shall also be
reported as required above.
a �, D. The owner of an animal that is
reported to be rabid, or to have exposed an
individual or that the owner knows or
suspects to be rabid or to have exposed an
� individual shall submit the animal for
� quarantine to the health officer , the police
�
department or the animal control officer .
4
�
-14-
� 0 1 8 6 c
{
i
E. Any animal suspected or known to
have rabies or any animal that has been
exposed to rabies , any animal which has '.
bitten or scratched a person will be
quarantined only at the animal control
shelter or at a veterinary clinic . The
animal control officer may allow home
quarantine provided the owner of the animal
strictly complies with the following:
1 . Animal must be inside an enclosed
� structure, i . e. , house or garage and
' must remain there for ten ( 10) days .
2 . If maintained outside, the animal
must be kept behind a fence from
which it cannot escape and on a ;
chain from which it cannot break j
. loose or inside a covered pen or ;
kennel from which it cannot escape.
3 . Animal must be kept away from other
animals and people except those
people in the immediate household.
4 . Animal may not be removed from the
city limits while under quarantine.
F . It shall be unlawful for any person
to remove from any place of confinement any
dog or cat which has been confined as
authorized, without the consent of the
animal control supervisor .
�- G. The Animal Control Officer shall
order the testing of any animal suspected of
having rabies . This testing shall be done
�"`'"" by a licensed vsterinarian, whether the
animal is quarantined at home, veterinary
clinic ar the animal she.lt�r . If it is
determined by a veterinarian that a
quarantined animal shows the clinical signs
of the disease of rabies , the Animal Control
Officer shall humanely destroy the animal .
If an animal dies or is destroyed while in
quarantine, the head or brain of the animal
shall be removed and submitted to the
nearest Texas Department of Health
laboratory for testing.
H. If a veterinaria.n determines that a
quarantined animal does not show the
clinical signs of rabies, the animal control
officer shall release, or authorize the
release, of t"he animal following the
quarantined period if the animal has an
unexpired rabies vaccination certificate or
the animal is vaccinated against rabies by a
licensed veterinarian at the owner ' s exp�nse .
� I . If the animal is not home
�,. quarantined, the owner of the animal shall
pay to the City the reasonable costs of the
quarantine and disposition of the animal ,
and the City may bring suit to collect the
costs . The animal control officer may sell
or humanely destroy an animal that the owner
or harborer does not take possession of on
or before the third day f�llowing the final
' day of the quarantine. "
-15-
0 1 8 6 c
Section 24 . That Chapter 6 of the Grapevine City Code
is hereby amended by the addition of a new Division 3 entit3ed
Dangerous Animals" which shall read as follows :
"Div. 3 . Dangerous Animals ,
Section 6-33 . Identification by Animal �
Control Off icer .
~ A. An animal control officer shall
� inspect all animals suspected of being ;
, dangerous animals . Upon determination by '
such officer that in his or her judgment an
animal is a dangerous animal , the officer
shall provide written notice of such
determination to the owner or harborer of
such animal by registered mail , return ,
receipt requested. The owner shall have
five ( 5) days from the receipt of the letter
to request a hearing pursuant to Section
6-34 . The notice shall be sent to the owner
or harborer at his known address or to the
address where the animal is kept .
B. No criminal action pursuant to
Section 6-35 hereof , shall be brought
against an owner or harborer of a dangerous
animal if , within ten ( 10) days of notice
having been provided to such person, the
violation has been corrected.
C. It shall be unlawful to transport or
otherwise relocate a dangerous animal to
another location for permanent domicile
�' � without first notifying the Chief of Police.
��,.,,:; D. It is a rebuttable presumption that
identification by the animal control officer
of an animal as a dangerous animal pursuant
to this section establishes that f act as a
matter of law. The burden to rebut that
presumption lies with the person owning or
harboring the animal .
Section 6-34 . Hearing
A. The owner or harborer of an animal
declared to be a dangerous animal by the
Animal Control Officer may request a hearing
before the Municipal Court of the City to
challenge �uch declaration. The request for
such hearing must be in writing and filed
with the City Secretary within five ( 5) days
after notice of _such declaration was mailed
to the owner or harborer of the animal .
Failure to request a hearing within the
� alloted period shall constitute a final
determination that an animal is a dangerous
I `; „ anima l .
�
' B. A hearing before the Municipal Court
^3+ of the City cYiallenging the declaration that
an animal is a dangerous animal shall be
i held within fourteen ( 14) days of receipt by
the City Secretary of a timely filed written
request for such hearing. The Municipal
� Court Judge shall rule, based upon a
' preponderance of the evidence, and such
; ruling shall be f inal .
i
f -16-
0 1 8 6 c
i
Sec . 6-35 . Special Requirements for
Dangerous Animals . '
A. Within ten ( 10) calendar days after '
notice of a final determination that an '
animal is dangerous , the owner or harborer
of such animal shall provide the City with
the following:
� 1 . The name, address and telephone
number of persons owning, keeping or
harboring a dangerous animal ;
2 . Payment of a Fifty Dollar ($50 . 00)
fee for each dangerous animal being ,
kept; ,
3 . Proof that each dangerous animal
which is four (4) months of age or
over has been vaccinated against
rabies by a licensed veterinarian '
and supply name, address and phone
number of veterinarian;
4 . Two (2) color identification
photographs , at least 3" x 5" of
each dangerous animal with one ( 1)
photograph showing the frontal view
and the other showing a side view of
each animal ;
5 . Name and general description of each
dangerous animal, which general
description shall include name, sex,
` w�ight, color , breed, height and
length along with any other
�>,,..,. discernable features .
6 . Proof of a current public liability
insurance policy in the amount of at
least $100 , 000 . 00 per occurrence for
personal injury, death or property
damage to cover injury or damage
caused by a dangerous animal , which
policy shall name the City of
Grapevine as a co-insured. The
' insurance requirements contained
herein shall be maintained at all
times and shall not be cancelled by
the owner or harborer until the
owner or harborer shall cease to own
ar harbor the dangerous animal . The
certificate shall provide that the
Chief of Police shall be notified in
writing "at least thirty (30 ) days
� prior to the expiration or
cancellation of the policy.
� B. Enclosure, for the purpases of
Division 3 , means a structure with secure
sides and either a secure bottom attached to
�°° � the side, or the sides must be embedded no
less than twelve ( 12) inches in a concrete
border surrounding the base of the enclosure
and said concrete border shall be no less
' than four (4) inches wide and said concrete
( shall extend into the soil at least to a
` depth of twelve ( 12) inches , and a secure
� top attached to the sides . It shall be no
i
�
' -17-
I
f 0 1 8 6 c
j
closer than six ( 6) feet to any property
line . The enclosure must be constructed in ',
such a way that no opening into the ,
enclosure shall be large enough to put a
small childs ' hand through the opening. The
animal control officer shall determine
whether the enclosure is secure .
C. The owner of a dangerous animal may
� prior to a final determination that the
� animal is dangerous , comply with the
� provisions of this chapter .
' � D. All dangerous animals shall be
vaccinated in accordance with Section 6-30
hereof . If the owner or harborer of a
dangerous animal is found guilty or pleads '
guilty or nolo contendere to the offense of
failing to have said animal vaccinated, the
minimum fine shall be two hundred fifty
dollars ($250 . 00) .
Section 6-36 . Control and Confinement
A. A dangerous animal shall be kept in
an enclosure at all times when its owner or
harborer is not present . Al1 enclosures
shall be designed to prevent the dangerous
animal from escaping from the enclosed
area. No dangerous animal shall be allowed
to run at large within the City. If the
owner or harborer of a dangerous animal is
found guilty or pleads guilty or nolo
contendere to the offens� of allowing his
animal to be at large, the minimum fine
shall be one hundred dollars ($100 . 00) .
�,. ; There shall be an irrebutable presumption
that a dangerous animal which is at large
shall have done so by the permission of its
owner or harborer .
B. A dangerous animal may be exercised
outdoors on the owner ' s or harborer ' s
private property in an enclosed, fenced area
while secured by a leash, no longer than
four (4) feet in length, held by a person of
sufficient strength to restrain the animal .
C. Except as provided in subsection B
above, a dangerous animal shall not be
removed from an enclnsure unless it is
secured by a leash no longer than four {4)
feet in length held by a person of
sufficient strength to restrain the animal ,
and unless the' animal is muzzled by a
muzzling device sufficient to prevent the
animal from biting any person or any other
animal .
D . At no place within its enclosure
shall a dangerous animal be able to put its
��, :� mouth outside of the enclosure.
E. All enclosures used to confine
dangerous animals must be locked with a key
or combination lock when such animals are
� within the enclosure .
;
-18-
� 0 1 a 6 c
F. Al1 enclosures erected to confine
dangerous animals must comply with all ;
zoning and construction regulations of the ,
City.
G. All enclosures shall be adequately �
lighted, ventilated and must be maintained �
in a clean and sanitary condition.
� H. An enclosure used to confine a
dangerous animal shall comply with this f
section no later than fourteen ( 14) days
�,, ::, after a final determination that the animal
is a dangerous animal .
I . An Animal Control Officer shall ;
periodically inspect the location and i
premises of all dangerous animals to ensure :
compliance with this chapter .
Section 6-37 . Confinement Indoors .
It shall be unlawful for any person tc
keep or harbor a dangerous animal on �
porch, patio or in any part of a house or
building that would allow the animal to exit
such structure on its own volition. It
shall be unlawful for any person to keep a
dangerous animal in a house or building when
the windows are open or when screened
windows or screened doors are one of the
obstacles preventing the dog from exiting
the structure and running at large.
��;.,,
Section 6-38. Banishinent of Dangerous
Animal From the City.
�����
Any person, upon a final conviction, of
a violation of this division, shall
immediat�ly remove all dangerous animals
said person is keeping or harboring to a
location outside of the City limits and said
dangerous animals shall never be brought
into the City again. Any dangerous animal
not so removed shall be subject to
confiscation and may be humanely destroyed
by the City without notice to the person
owning or harborinq such animal , and the
owner or harborer of said animal shall be
subject to fine.
Section 6-39 . Reporting Requirements .
A. Any person owning or harboring a
dangerous animal within the City shall
within ten ( 10) days after the following
incidents make a written report of the
� incidents to thQ Animal Control Officer .
� 1 . The death or remflval from the City
of any dangerous animal in the
�-� person' s care .
� 2 . The birth of offspring of any
dangerous animal in the person' s
� care.
�
i
-19-
I 0 1 8 6 c
,
3 . The f act of a move and spec if ic
addresses involved when a person
owning or harboring a dangerous ',
animal moves from one location �
within the City to another location
within the City.
B. Any person owning or harboring a
dangerous animal within the City shall
immediately notify the Animal Control j
Officer or the City police department of the ?
escape from confinement of the dangerous I
animal . Such notification shall not be used �
for any purpose by the City as an admission ;
of the person providing the notification in E
any prosecution brought against such person
under this Ordinance.
Section 6-40 . Impoundment; Redemption.
A. The Animal Control Officer is
authorized to impound:
1 . any dangerous animal not kept in
compliance with this Ordinance as
determined by final and
non-appealable judgment of a court
of competent jurisdiction;
2 . any animal that is determined by the
Animal Control Officer to be a
dangerous animal posing such an
immediate threat to the health and
,,_ „ safety of the citizens of the City
that it cannot be allowed to remain
in the City under any circumstances;
�,,.,.,-
3. any dangerous animal not permanently
remaved from the City as reguired by
Secti�n 6-38 .
4 . any animal that is determined by the
Animal Control Officer to be a
dangerous animal posing such an
immediate threat to the health and
safety of the citizens of the City
that it cannot remain with or be
returned to its owner until the
owner has complied with the
requirements of this ordinance;
� . any dangerous animal harbored or
cared for in violation of Section
6-41 hereof as finally determined by
a court df competent jurisdiction;
; 6 . any animal , whether found to be a
j , dangerous animal or not, if no one
f at the residence at which the animal
k is kept will acknowledgs being the
' owner of the animal .
' ��...,,;�
B. An animal impounded pursuant to this
Section may be redeemed as follows :
1 . An animal impounded pursuant to
` subsections A. 1 , A. 2 and A. 5 of
� Section 6-40 hereof may be redeemed
by its owner upon payment of all
j
�
-20-
i
0 1 8 6 c
fees owed to the City in connection
with its impoundment and upon the
condition that within forty-eight
(48) hours of its release the animal
shall be removed to a location
outside the City and never brought
into the City again.
2 . An animal impounded pursuant to
� �""`M` subsections A. 4 and A. 6 of Section
6-40 hereof may be redeemed upon
payment of all fees owed to the City
n in connection with the impoundment ,
upon identification of the owner ,
and upon determination by the Animal
Control Officer that the owner of
the animal has complied with such
requirements of this ordinance as
apply to the impounded animal .
3 . An animal impounded pursuant to
subsection A. 3 hereof may not be
redeemed but shall be humanely
destroyed by the City.
C. The owner of an animal impounded
pursuant to this Section 6-40 shall pay an
impoundment fee of $30 . 00 , plus a care and
handling charge of �5 . 00 per day of
impoundment .
D . The Animal Control Officer shall
make a reasonable effort to notify the owner
of an animal that has been impounded.
E. An animal not redeemed, or for which
�.,:,�,.,�. provisions for redemption have not been
made, within seventy-two ( 72) hours of its
impoundment, shall be humanely destroyed.
F. The impoundment of an animal
pursuant to this Section shall not affect
the right to a hearing granted to an owner
under Section 6-34 of this ordinance .
Section 6-41 . Fighting and Antisocial
Behavior .
No person shall own or harbor any animal
for the purpose of fighting, or train,
torment, badger, .bait nr use any animal for
the purpose of causing or encouraging the
animal to unprovoked attacks upon human
beings or animals .
Section b-42 . Signs .
f
E Any person owning a dangerous animal
'� ,t.>,_,..
; within the City shall display signs of a
j permanent nature stating "BEWARE OF
DANGEROUS ANIMAL. " Such signs shall be no
K� less than eight (8) inches by twelve ( 12)
inches in size with lettering no less than
two (2) inches in height . Lettering shall
; be white on a red background and made of
` light reflective material . Such signs shall
be posted conspicuously at the front and
� rear property line of the premises and on
the dangerous animal ' s enclosure.
,
-21-
Ii 0 1 8 6 c
l
Section 25 . In addition to and cumulative of all other
penalties , the City shall have the right to seek injunctive
relief for any and all violations of this ordinance.
Section 26 . If any section, article, paragraph,
' sentence, clause, phrase or word in this Ordinance, or
application thereto any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
�"'"� of this Ordinance; and the City Council hereby declares it
would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain
.�,r_„ in full force and effect .
Section 27 . The violation of any provision of this
ordinance shall be punished by a fine in a sum not to exceed
two thousand dollars ($2,000 . 00) for each offense relating to
public health and sanitation, nor to exceed five hundred
dollars ($500 . 00) for each off ined comm t ed te ch dayadu�ingaoa
� a separate offense shall be dee
on which a violation occurs or continues .
Section 28 . The fact that the present ordinances and
Texas are inadequate to
regulations of the City of Grapevine, y, morals, peace and
properly safeguard the health, safet
general welfare of the inhabitants of the City of Grapevine,
Texas , creates an emergency for the immediate preservation of
the public business , property, health, safety, and general
welfare of the public which requires that this Ordinance become
� effective from and after the date of its passage, and it is
� accordingly so ordained.
' PASSED AND APPROVED BY THE CITY COTJNCIL OF THE CITY OF
I , 1988 .
G GRAPEVINE, TEXAS, th1S 7th daY O£ Ti�n� _-
.
i
I
; �,;,�� � � ' �
� May r , City of Grapevine, Texas
� ATTEST:
I
�
k _
(
� City Secretary
( City of Grapevine, Texas
�
{
� [SEAL)
�
�� APPROVED AS TO FORM:
I ` }
I' ��t�f'-�-�.�_ � _�� --�--, -F>�
� City Attorney,
` City of Grapevine, Texas
1
�
i
i �_.�:.�
-22-
0 1 8 6 c