HomeMy WebLinkAboutItem 14 - Animals and FowlMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER "//
MEETING DATE: MAY 15, 2001
SUBJECT: AMEND CODE OF ORDINANCES, CHAPTER 6, ANIMALS AND
FOWL
RECOMMENDATION:
City Council to consider an ordinance amending the Grapevine Code of Ordinances,
Chapter 6 Animals and Fowl.
FUNDING SOURCE:
Not Applicable.
BACKGROUND:
The Animal Control Division of the Grapevine Police Department recently dealt with two
A incidents involving dogs which were declared "dangerous animals" as defined by City
Ordinance. As a result of these incidents, Staff is recommending several updates to the
Code of Ordinances, Chapter 6 Animals and Fowl. The following changes are
proposed to sections covering Definitions, Rabies Control, and Dangerous Animals:
➢ Amend the definition of Dangerous Animal to include, "Any animal who attacks
unprovoked and causes injury to or otherwise endangers the safety of human beings
or animals;"
➢ Addition of definition of "Microchip" for the purpose of requiring microchip
identification of animals declared dangerous;
➢ Amend the section regarding rabies to require the reporting of scratches to Animal
Control and also establishing a 24 hour deadline to report biting or scratching
incidents, as required by the Texas Department of Health;
➢ Amend to include the addition of hand delivery as a method of delivery of the written
notice of determination of a dangerous animal;
➢ Extend and clarify the time periods associated with the hearing process to better
accommodate the animal owner and the Municipal Court;
➢ Changes the routing of the request for hearing to the Municipal Court from the City
Secretary.
A detailed explanation of the changes as well as a marked up ordinance are attached for
your review. Staff recommends approval.
RDW/kmm
May 10, 2001 (9:43AM)
MEMORANDUM CITY OF GRAPEVINE, TEXAS
TO: Captain Peggs
FROM: Lt. K. M. Murray lems
SUBJECT: City Ord. — Chapter 6 Animals and Fowl
DATE: March 21, 2001
On February 9th of this year Animal Control declared a dog to be a dangerous
animal pursuant to Section 6-33 of the Code of Ordinances of the City of Grapevine.
During the notification and hearing process that followed it became evident that updates
to the current City Ordinance covering Animals and Fowl, specifically concerning
Dangerous Animals needed to be made. What followed were conversations and emails
with the City Secretary's office and Judge David Florence. These correspondences
resulted in the updating of the Ordinance which was a cooperative effort between the
City Secretary's office, Judge Florence and myself.
The changes were made pursuant to the format requested by the City Secretary's
office, that being strike throughs for deletions ( deletiens ) and additions being
underlined and highlighted Those changes, with a brief explanation, are
as follows:
Sec. 6-1 Definitions
This addition to the definition was made at the request of Judge Florence. He felt
that the current definition did not adequately address an animal which had gone
beyond a propensity to attack to an actual attack.
This addition to the definition section was made to address a later specific
requirement that all animals deemed Dangerous Animals by final determination
be implanted with a microchip for permanent and positive identification. The text
of this definition is consistent with the text used by other municipal ordinances
requiring the microchip identification of dangerous animals,
Sec. 6-31 Quarantine; reporting biteszdch or suspected rabies.
The purpose of quarantines is the control of rabies. The Texas Department of
Health and our own City Ordinance Sec. 6-30 address both bites and scratches
as possible means of transmission of rabies. Sec. 6-31 should be consistent with
both TDH and our own Ordinance.
Sec. 6-31(b) It is the duty of any person who has knowledge that an animal bite
of has occurred to report such fact
to the Grapevine Police Department or 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.
The Texas Department of Health and our own City Ordinance Sec. 6-30 address
both bites and scratches as possible means of transmission of rabies. Sec. 6-31
should be consistent with both TDH and our own Ordinance. Texas Department
of Health Section 169.25 specifically sets this time period on reporting. The
change is for the purpose of bringing our ordinance into compliance with State
Law.
Sec, 6-33(a) An animal control officer shall inspect all animals suspected of
being dangerous animals. Upon determination by such officer that, in his or her
judgement, 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- jjtjj# days from the receipt of the letter to request a hearing
pursuant to section 6-34.
In order to expedite the notification process in cases where the safety of the
community is at risk the hand delivery of notice is often much more efficient. This
section was added after conversation with City Attorney Stan Lowry. When
notice is hand delivered the owner or harborer signs two original copies. One is
retained by the owner and the second is returned to the Animal Control files.
The change from five days to ten days was made at the request of Judge
Florence. In maintaining consistency with the court, with citations as an
example, there is at least ten days from date of violation to court date.
Sec. 6-34(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 such declaration. The request for such hearing
must be in writing and filed with the Gity seGFetar-y within five
&ngLf days after notice of such declaration was
to the owner or harborer of the animal,
VA
The change from city secretary to the municipal court clerk was made at the
suggestion of both the city secretary and Judge Florence. This routes the
request for hearing to the court in which it will be held. The change from five days
to ten days was made at the request of Judge Florence. In maintaining
consistency with the court, with citations as an example, there is at least ten days
from date of violation to court date. In order to expedite the notification process in
cases where the safety of the community is at risk the hand delivery of notice is
often much more efficient. This section was added after conversation with City
Attorney Stan Lowry. When notice is hand delivered the owner or harborer signs
two original copies. One is retained by the owner and the second is returned to
the Animal Control files.
Sec. 6-34(b) A hearing before the municipal court of he city challenging the
declaration that an animal is a dangerous animal shall be held within 44
n a days of receipt by the cit, seGretu r ..i' of a timely
tiled written request for such hearing.
The change from 14 to 30 days was made at the request of Judge Florence. The
municipal court docket is generally booked greater than 14 days in advance.
Judge Florence feels that 30 days will give adequate time to schedule a hearing
still within a reasonable period of time. The change from city secretary to the
municipal court clerk was made at the suggestion of both the city secretary and
Judge Florence. This routes the request for hearing to the court in which it will
be held.
This section is added to provide a means of permanent, positive identification for
the animal. The text of this section is consistent with the text used by other
municipal ordinances requiring the microchip identification of dangerous animals.
Sec. 6-36(h) An enclosure used to confine a dangerous animal shall comply with
this section, no later than 44 ;tei days after a final determination that the
animal is a dangerous animal.
The change from 14 days to 10 days is to maintain consistency with other
sections of ordinance.
A copy of the complete text is attached.
3
Chapter 6 ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 6-1. Definitions.
When used in this chapter, the following words and terms, unless the context
indicates a different meaning, shall be interpreted as follows:
Animal: Any living, nonhuman creature.
Animal control officer: Enforcement officer for animal control within the city.
Animal control shelter: A city -operated or designated facility for impounding and
caring for animals held under the authority of this chapter.
At large: 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.
Cat: Animal of the feline species, both male and female.
Circus: For the purposes of this chapter, a commercial variety show featuring
animal acts for public entertainment.
City: The City of Grapevine Texas.
Commercial animal establishment: Any pet shop, animal auction, riding school or
stable, zoological park, circus, recurring animal exhibition or commercial kennel.
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.
Dangerous animal:
(1) 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
(3) Any animal with a known propensity, tendency or disposition to attaCK
unprovoked, to cause injury or to otherwise endanger the safety of human
beings or animals; or
(4) 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
for inspection 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.
Dog: Animal of the canine species, both male and female.
Domestic animal: Includes all species of animals commonly and universally
accepted as being domesticated.
Estray: Any stray livestock.
Fowl: A bird of any kind, domestic or wild.
Harbor: The act of keeping and caring for an animal or of providing a premises to
which the animal returns for food, shelter or care for a period of at least three
days.
Known propensity: Any animal with a natural inclination, tendency or disposition.
Livestock: Any horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, hog,
sheep, goat or any species of cattle. Any domestic animal other than dog or cat.
Owner: Any person owning, keeping or having custody or control of, or who has
right of property in, an animal.
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, nonhuman
primates, and any other species of wild, exotic or carnivorous animal that may be
further restricted in this chapter.
Pet shop: Any establishment owned and operated by a person, corporation 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.
Stray animal: Any animal, for which there is no identifiable owner or harborer,
which is found to be at large within the corporate limits of the city.
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 a person's
body nor was any part of the dog's body pulled, pinched or poked.
Vicious conduct: An attack made by the dog on a person in which the dog
initiated physical contact with the person and fails to retreat, and:
(1) The attack resulted in bodily injury to the person;
(2) The attack was unprovoked; and
(3) 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.
Wild animal: Includes 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 other reptiles, monkeys (nonhuman primates), raccoon, skunk,
ferret, fox, wolf, leopard, panthers, tigers and lions.
Zoological park: Any facility, other than a pet shop or kennel, displaying or
exhibiting one or more species of nondomesticated animals, operated by a
person, partnership, corporation or government agency.
(Ord. No. 77-33, § 1, 7-26-77; Ord. No. 83-44, § 1, 8-2-83; Ord. No. 88-40, § 1,
6-7-88)
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 50 feet from any residence, business, commercial
establishment, office, school, hospital or nursing home. This 50 -foot requirement
does not apply to the livestock owner's residence, business, commercial
establishment or office.
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(b) It shall be unlawful for any person to keep or harbor any livestock within
the corporate limits of the city, where there is less than 20,000 square feet for
each cattle and 10,000 square feet for all other types of livestock.
(c) It shall be unlawful for any person to allow livestock within 50 feet of any
dwelling used for human habitation other than the owner's dwelling.
(d) It shall be unlawful 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 50 feet of any residence, business or commercial
establishment or office (other than the owner's), school, hospital or nursing
home. All persons who maintain any such structure within 50 feet of the above -
listed uses on the effective date of this chapter shall register said structure with
the chief of police within six months of the effective date of this chapter. Said
persons shall be exempt from the provisions of this subsection. Section 6-2(d)
shall not apply to pet birds kept within residential or commercial 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, mosquitoes or other noxious
insects or rodents, or in any manner to endanger the public health, safety or
welfare, or to create 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 of manure between such removals shall be
permitted, only under such conditions 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,
mosquitoes or other insects.
(j) No 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 nonconforming pursuant to section 6-2.
(Ord. No. 6, § 3, 4-14-39; Ord, No. 65-7A, 6-15-65; Ord. No. 75-25, § 2, 6-17-75;
Ord, No. 88-40, § 2, 6-7-88)
Sec. 6-3. Creation of disturbance by animal.
It shall be unlawful for any person to willfully or knowingly harbor or keep on his
premises or elsewhere any animal of any kind that makes or creates an
unreasonable disturbance of the peace of the neighbors or occupants of adjacent
premises or people living in the vicinity thereof or suffer or permit such animal to
make or create unusual noises by howling, barking, bawling or otherwise.
(Ord. No. 57-13, Art. 1-13, 8-6-57; Ord. No. 68-38, § 6, 12-3-68)
Cross reference(s)—See also § 12-7(4); condition of permit to keep dogs or cats,
§ 6-20(c)(4).
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 conditions 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 month.
(Ord. No. 71-29, Pt. I, 10-5-71; Ord. No. 88-40, § 3, 6-7-88)
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 irrebuttable presumption that any animal which is at large shall
have done so by the permission of its owner or harborer.
(Ord. No. 27, § 3, 4-16-48; Ord. No. 57-13, Art. 1-4, 8-6-57; Ord. No. 88-40, § 4,
6-7-88)
State law references) --Estrays, V.T.C.A., Agriculture Code § 142.001 et seq.;
-. unregulated dogs at large, V.T.C.A., Health and Safety Code § 822.001 et seq..
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 of $15.00. For each additional
impoundment of the same dog or cat that occurs, the impoundment fee shall
increase by $15.00 for each additional impoundment. In addition to the
impoundment fee, the owner shall pay the boarding fee of $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
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 fails to have
the redeemed animal vaccinated within three days after the redemption date, the
owner or harborer shall be fined an amount of at least $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 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.
(Ord, No. 57-13, Arts. 1-6, 1-7, 8-6-57; Ord. No. 79-8, § 1, 3-6-79; Ord. No. 88-
40, § 5, 6-7-88)
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 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 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 chapter and the dog or cat may then be
impounded as prescribed in this chapter.
(Ord. No. 77-33, § 5, 1, 3, 7-26-77, Ord. No. 83-44, § 2, 8-2-83; Ord. No. 88-40, §
6,6-7-88)
Sec. 6-8. Abandonment.
No person who has within his control, either temporarily or permanently, any
animal shall abandon such animal within the city.
State law reference(s)--Cruelty to animals, V.T.C.A., Penal Code §
42.09-V.T.C.A., Health and Safety Code § 821,021 et seq.
Sec. 6-9. Disposal of dead animals.
It shall be unlawful for any dead animal to be disposed of within the city by a
means other than burying the animal at a landfill site located within the city, if
such a landfill site exists, or by a garbage collection or disposal service. The
owner of such animal shall be responsible for its disposal.
(Ord. No. 83-44, § 3, 8-2-83)
Sec. 6-10. Enforcement.
(a) The animal control officer of the city is hereby designated the person
responsible for the purpose of 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
V.T.C.A., Health and Safety Code § 826.001 et seq., 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 duties.
(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 limited to:
(1) 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
(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;
(4) Humanely destroy any animal which has been seriously injured, where
such animal is too large to remove from the scene of injury to the animal shelter;
(5) Humanely destroy any impounded 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.
(Ord. No. 88-40, § 7, 6-7-88)
Sec. 6-11. False statements.
(a) It shall be unlawful for any person to make a false statement in any
application, affidavit or other document required by this chapter or any regulation
prescribed 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 the
identity of any owner of such animal as required by this chapter or any regulation
prescribed thereby.
(Ord. No. 88-40, § 8, 6-7-88)
Sec. 6-12. Livestock riding or driving on public and private property.
(a) It shall be unlawful for any person to allow livestock to be driven or ridden
upon any public property; provided however, horses may be ridden on the
unimproved or unpaved portion of the right-of-way. Provided however, the city
shall maintain the exclusive authority to enter into a contractual relationship with
one or more entities or companies to provide horse-drawn carriage service within
certain defined locations in the city and pursuant to the terms and conditions of
said contract. The chief of police may also authorize horses and other livestock
to be ridden or driven on the right-of-way under the authority of a parade permit.
(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.
(Ord. No. 88-40, § 9, 6-7-88; Ord. No. 98-110, § 1, 9-15-98)
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 animal control officer.
(Ord. No. 88-40, § 10, 6-7-88)
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 to give away any live animal as a prize
for, or as an inducement to, enter any contest, game or other competition or as
an inducement to enter a place of business; the provisions of the subsection 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.
(Ord. No. 88-40, § 11, 6-7-88)
Sec. 6-15. 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 fowl and the name and address of the person making the report.
(Ord. No. 88-40, § 12, 6-7-88)
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
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.
(Ord. No. 88-40, § 13, 6-7-88)
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. All such animals shall be humanely destroyed by a licensed
veterinarian 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.
(Ord. No. 88-40, § 14, 6-7-88)
Sec. 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 of said person, the animal will be taken care of by the
animal control department. The animal must be redeemed from impoundment
within 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 72 -hour period, then the
animal becomes the property of the City of Grapevine and may be humanely
destroyed in a manner deemed appropriate by the animal control officer.
(c) No one shall be able to redeem an animal taken possession of pursuant to
this section, except the owner's duly authorized designee.
(Ord. No. 88-40, § 15, 6-7-88)
Sec, 6-19. Reserved.
ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 6-20. Numbers and breeding; permits.
(a) It shall be unlawful for any person to keep or harbor more than four dogs
or cats, or combination of both, three 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
application with the city manager or his designee for permission to keep or
harbor more than four dogs or cats, or a combination of both, of three months of
age or older. The city manager or his designee shall issue a permit for one year
to the applicant, upon the following information being furnished and the listed
conditions being satisfied:
(1) The maximum number of cats or dogs to be kept or housed;
(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
chapter.
(d) The city manager or his designee, upon being satisfied that the above
information has been furnished and the conditions satisfied, shall issue a permit
for one 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 this chapter as
set forth herein. The permittee shall be allowed to renew the permit, upon
submitting a renewal application to the city manager or 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 year.
(Ord. No. 71-29, Pt. I, 10-5-71; Ord. No. 88-40, § 16, 6-7-88)
Cross reference(s)—Noisy animals prohibited, §§ 6-3, 12-7(4).
Sec. 6-21. Reserved.
Note --See the editor's note to §§ 6-23--6-26.
specified by the animal control officer in his quarantine proclamation may be
humanely destroyed by any law enforcement officer or animal control officer, if
said officer is unable, with reasonable effort, to apprehend such animal for
impoundment.
(b) It is the duty of any person who has knowledge that an animal bite
rI has occurred to report such fact&ria _t.I�t tl>
4 Ir fr`ct tf..� M 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 i^kaMA person or persons and such other information as the
officer may require.
(c) Any veterinarian 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 police department or the animal control department,
stating precisely where such animal may be found. If a known or suspected rabid
animal bites or scratches a domestic animal, such incident shall also be reported
as required above.
(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.
(e) Any animal suspected or known to have rabies or any animal that has
been exposed to rabies, and 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) The animal must be inside an enclosed structure, i.e., house or garage,
and must remain there for ten 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 loose or inside a
covered pen or kennel from which it cannot escape.
(3) The animal must be kept away from other animals and people, except
those people in the immediate household.
(4) The 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 veterinarian, whether
the animal is quarantined at home, at a veterinary clinic or the animal shelter. 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.
t, (h) If a veterinarian determines that a quarantined animal does not show the
clinical signs of rabies, the animal control officer shall release, or authorize the
release, of the animal following the quarantine 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 expense.
(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 following the final day of quarantine.
(Ord. No. 57-13, Art. 1-8, 8-6-57; Ord. No. 88-40, § 23, 6-7-88)
Sec. 6-32. Reserved.
Editor's note--Former § 6-32, which pertained to reporting of rabid dogs and
derived from Ord. No. 57-13, Art. 1-8, adopted Aug. 6, 1957, though not
amended by Ord. No. 88-40, adopted June 7, 1988, has been deleted at the
discretion of the editor, treated as superseded by the provisions of § 6-31.
DIVISION 3. DANGEROUS ANIMALS
Sec. 6-33. Identification by animal control officer.
(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 � &A
p q &6jM. The owner shall have
w #+ue .k 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 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 fact as a matter of law. The burden to rebut that presumption lies with the
person owning or harboring the animal.
(Ord. No. 57-13, Art. 1-9, 8-6-57; Ord. No. 88-40, § 24, 6-7-88)
Sec. 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 such declaration. The request for such hearing must be in
writing and filed with the Gity sesretar g > �`" within fie t r
} t days after notice of such declaration was mailed&Wi to
the owner or harborer of the animal. Failure to request a hearing within the
allotted period shall constitute a final determination that an animal is a dangerous
animal.
(b) A hearing before the municipal court of the city challenging the declaration
that an animal is a dangerous animal shall be held within 4-4,3M,,: days of
receipt by the city -secretes 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 final.
(Ord. No. 57-13, Art. 1-10, 8-6-57; Ord. No. 76-07, § 2, 3-16-76; Ord. No. 88-40,
§ 24, 6-7-88)
Sec. 6-35. Special requirements for dangerous animals.
(a) Within ten 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 $50.00 fee for each dangerous animal being kept;
(3) Proof that each dangerous animal which is four 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 color identification photographs, at least three inches by three inches,
of each dangerous animal, with one 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, weight, color, breed, height and
(6)
(7) 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 or harbor the dangerous animal. The certificate shall
provide that the chief of police shall be notified in writing at least 30 days
prior to the expiration or cancellation of the policy.
(b) Enclosure, for the purposes of this division, means a structure with secure
sides, and either a secure bottom attached to the sides or the sides must be
embedded no less than 12 inches in a concrete border surrounding the base of
the enclosure, and said concrete border shall be no less than four inches wide
and said concrete shall extend into the soil at least to a depth of 12 inches, and a
secure top attached to the sides. It shall be no closer than six 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 child's 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 $250.00.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 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. All 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
offense of allowing his animal to be at large, the minimum fine shall be $100.00.
There shall be an irrebuttable 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 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 enclosure, unless it is secured by a leash no longer than
four 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 tomrevent the
g any person or any other animal. animal from biting p
.
(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.
(f) All 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
section, no later than 4-4 ::�,<��:�r:�d� days after a final determination that the
animal is a dangerous animal.
(i) An animal control officer shall periodically inspect the location and
premises of all dangerous animals to ensure compliance with this chapter.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-37. Confinement indoors.
It shall be unlawful for any person to keep or harbor a dangerous animal on a
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.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-38. Banishment of dangerous animal from the city.
Any person, upon a final conviction of a violation of this division, shall
immediately 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 harboring such animal, and the owner or harborer of said
animal shall be subject to fine.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-39. Reporting requirements.
(a) Any person owning or harboring a dangerous animal within the city shall,
within ten days after the following incidents, make a written report of the incidents
to the animal control officer:
(1) The death or removal 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;
(3) The fact of a move and specific 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 officer or the city police department of the
escape from confinement of the dangerous animal. Such notification shall not be
used for any purpose by the city as an admission of the person providing the
notification in any prosecution brought against such person under this chapter.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-40. Impoundment; redemption.
(a) The animal control officer is authorized to impound:
(1) Any dangerous animal not kept in compliance with this chapter, as
determined by final and nonappealable 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 removed from the city as required
by section 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 chapter;
(5) Any dangerous animal harbored or cared for in violation of section 6-41
hereof as finally determined by a court of competent jurisdiction;
(6) Any animal, whether found to be a dangerous animal or not, if no one at
the residence at which the animal is kept will acknowledge 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 fees
owed to the city in connection with its impoundment and upon the condition that
within 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 subsections (a)(4) and (a)(6) of section
6-40 hereof may be redeemed upon payment of all fees owed to the city 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 chapter 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 72 hours of its impoundment shall be humanely destroyed.
y (f) The impoundment of an animal pursuant to this section shall not affect the
y right to a hearing granted to an owner under section 6-34 of this chapter.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-41. Fighting and antisocial behavior.
No person shall own or harbor any animal for the purpose of fighting, or train,
torment, badger, bait or use any animal for the purpose of causing or
encouraging the animal to unprovoked attacks upon human beings or animals.
(Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-42. Signs.
Any person owning a dangerous animal within the city shall display signs of a
permanent nature stating "BEWARE OF DANGEROUS ANIMAL." Such signs
shall be no less than eight inches by 12 inches in size, with lettering no less than
two 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 lines of the premises and on the dangerous animal's enclosure.
(Ord. No. 88-40, § 24, 6-7-88)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES, CHAPTER 6 ANIMALS AND FOWL,
RELATIVE TO ARTICLE I IN GENERAL AND ARTICLE II
DOGS AND CATS, DIVISION 2 RABIES CONTROL AND
DIVISION 3 DANGEROUS ANIMALS; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Chapter 6 Animals and Fowl, is hereby amended by the following
changes:
A. That Article I In General, Section 6-1 Definitions, Dangerous Animal
Subsection (2) is hereby amended in its entirety to read as follows:
"(2) Any animal who attacks unprovoked and causes injury or to otherwise
endanger the safety of human beings or animals; or"
B. That Article I In General, Section 6-1 Definitions is hereby amended by the
addition of the following definition:
"Microchip: A passive electronic device that is injected into an animal,
subcutaneously, by means of a hypodermic type syringe device. Each microchip
shall contain a unique and original number that is read by an electronic scanning
device for purposes of identification and recovery by the animal's owner."
C. That Article II Dogs and Cats, Division 2 Rabies Control, Section 6-31
Quarantine; reporting bites or suspected rabies, is hereby amended by amending the
heading to read as follows:
"Section 6-31 Quarantine; reporting bites and scratches or suspected
rabies."
D. That Article 11 Dogs and Cats, Division 2 Rabies Control, Section 6-31
Quarantine, reporting bites or suspected rabies, Subsection (b) is hereby amended in its
entirety to read as follows:
"(b) It is the duty of any person who has knowledge that an animal bite or
scratch has occurred to report such fact as soon as possible, but not
later than 24 hours from the time of the incident to the Grapevine
Police Department or the animal control department. The person
reporting the bite or scratch shall give the following information, if
known: The name, age, sex and precise location of the bitten or
scratched person or persons and such other information as the officer
may require."
E. That Article 11 Dogs and Cats, Division 3 Dangerous Animals, Section 6-33
Identification by animal control officer, Subsection (a) is hereby amended in its entirety to
read as follows:
"(a) An animal control officer shall inspect all animals suspected of being
dangerous animals. Upon determination by such officer that, in his or
her judgement, 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 or hand
delivered. The owner shall have ten calendar days from the receipt
of the letter to request a hearing pursuant to section 6-34."
F That Article 11 Dogs and Cats, Division 3 Dangerous Animals, Section 6-34
Hearing, Subsections (a) and (b) are hereby amended in their entirety to read as
follows:
"(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 such declaration. The request
for such hearing must be in writing and filed with the municipal court
clerk within ten calendar days after notice of such declaration was
mailed, or hand delivered to the owner or harborer of the animal."
"(b) A hearing before the municipal court of the city challenging the
declaration that an animal is a dangerous animal shall be held within
30 calendar days of receipt by the municipal court clerk of a timely
filed written request for such hearing."
G. That Article 11 Dogs and Cats, Division 3 Dangerous Animals, Section 6-35
Special requirements for dangerous animals is hereby amended by the addition of a new
ri Subsection (a)(7) to read as follows:
ORD. NO. 2
11(7) The owner or harborer shall authorize the animal control officer or
veterinarian to implant a microchip beneath the skin of the dangerous
animal for positive identification of the animal. The animal control
division is authorized to charge the animal owner or harborer a
reasonable fee for this service."
H. That Article 11 Dogs and Cats, Division 3 Dangerous Animals, Section 6-36 Control
and confinement, Subsection (h) is hereby amended in its entirety to read as follows:
"(h) An enclosure used to confine a dangerous animal shall comply with
this section, no later than 10 calendar days after a final determination
that the animal is a dangerous animal."
Section 2. That all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 3. 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 the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and 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 shall become effective from and after
the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of May, 2001.
ORD. NO. 3
ATTEST: