HomeMy WebLinkAboutItem 05 - Animal Ordinance MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
.
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: DECEMBER 5, 2017
SUBJECT: PRESENTATION - PROPOSED AMENDMENTS TO
CHAPTER 6, ANIMALS AND FOWL, CODE OF ORDINANCES
BACKGROUND:
Across much of 2016 and 2017, staff examined Chapter 6 of the Code of Ordinances,
evaluating for portions that may be obsolete, out of balance with changes in law, or
misaligned with animal service policy and procedures. After research and review,
amendments were developed. The ordinance, in whole or in part, was further reviewed
by the City Attorney's Office, Parks and Recreation, and Municipal Court.
Staff commenced research by surveying a number of area government shelter
operations that provide similar animal services. Those cities were Arlington, Bedford
Carrollton, Collin County, Coppell, Dallas, Denton, Euless, Farmers Branch, Flower
Mound, Garland, Grand Prairie, Hurst, Irving, Keller (Colleyville, Southlake, Westlake,
Roanoke), Lewisville, Mansfield, North Richland Hills, Plano, Richland Hills, Saginaw,
Tri-City (Cedar Hill, Desoto, Duncanville), and Weatherford.
Additionally, meetings with area shelter managers, review of numerous local ordinances,
participation from other City departments, and input from Shelter Planners of America
aided in the research. Through the findings, staff was able to develop an understanding
of multiple operational aspects that were in need of change and to then formulate
improved animal management and service delivery ideas that were placed into the
ordinance.
On March 22, 2017, a comprehensive presentation of the revised ordinance was made
to the Animal Shelter Advisory Committee. Input was received from the Committee,
along with some of the public, in attendance. The Committee was in concurrence with
the changes.
On June 15, 2017, a partial presentation of the revised ordinance was made to the
Parks and Recreation Board. Input was received from the Board. The Board was in
concurrence with the changes.
While not every section changed, every portion of the ordinance has been reviewed in
detail. The recommended changes were driven:
• by a recognition that some of the ordinances were simply outdated;
• with significant input and guidance from the City Attorney's office relative to
changes in State law;
• in light of the forthcoming dog park;
• by a desire to advance Animal Shelter operations and service delivery to pets and
the community; and
• from the Animal Shelter needs assessment, which provided operational
suggestions.
Examples of amendments are the pet registration program and the spay or neuter of
adoptable dogs/cats prior to adoption.
Registration is the idea of providing information about owned pets (dogs and cats) to
Animal Services annually. Registration will occur through the microchipping of pets,
which enables a quick return of lost pets to their owners, prevents lost pets from being
exposed to strays at the shelter, saves money for pet owners by preventing boarding
and impounding fees, and is a step in reducing euthanasia rates. Registration also
ensures each dog or cat is immunized against rabies, thereby promoting a healthy pet
environment throughout the City, to include promoting a safe public dog park. Currently,
registration does not exist. Seventy percent (70%) of surveyed cities have a pet
registration program.
The spaying or neutering of dogs and cats is required (by law) when adoptions occur
through Animal Services (H.S.C. 828.002). This process occurs currently by way of a
voucher system, requiring staff to verify, through follow-up, that the sterilization occurred.
The voucher system can be costly in time for staff, as follow-ups need to occur after the
adoption to ensure compliance. Also, this voucher system is typically very costly for new
pet adopters, costing some adopters $500.00 in unexpected care. Spay or neuter
prevents over population and/or accidental breeding, it prevents stray and feral
dogs/cats, and reduces potential health issues for pets. Procedurally, it is proposed that
spay or neuter will occur before the adoption, thereby reducing the overall cost to
adopters and saving staff time. Seventy-nine percent (79%) of surveyed cities spay or
neuter before leaving the shelter.
No Council action is necessary on this item at this time.
Proposed Amendments Chapter 6
City Council Meeting
Presentation of Proposed Amendments to Cines Code of
Ordinance, Chapter 6, Animals and Fowl
Tuesday, December 5, 2017
Assistant Chief of Police Mike Hamlin
12/1/2017 City Council Presentation
�' . ;
Animal Shelter Mission
YY; .. ♦{4
Mission Statement
—To provide and encourage responsible animal care and
treatment while fostering a safe community for all.
Animal Shelter believes all animals should have the:
• Freedom from hunger or thirst
• Freedom from discomfort
• Freedom from pain, injury, or disease
• Freedom to express normal behavior
• Freedom from fear and distress
12/1/2017 City Council Presentation
GRA' LI
T ■ W.
1 1
LI Chapter 6 Review
Reasons for review _� ►r..0. 'P� ..
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• Ensure State law compliance 4 - .y
• Further the level of animal careU . • . '`'� '.'�
• Advance Shelter operations . 41.-11. ..fir, . -` 4
p
• Needs Assessment input for K� ' __
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operational practices N
• Outdated '• Y
_ _ - _r MY..
12/1/2017 City Council Presentation
1
-, s. Research Approach
_ _
Research Method
• Survey of 20+ similar shelters n , . ` ,~-
• Meetings with other shelter managers i .,• Review of other relevant ordinances }# : : ,
• Input from ASAC , „� • 'v / " 110
• Direction and guidance from City
Attorney's Office
f
• City Department input & participation _ r• .. .44 , ' ._ Fit
• Input from Shelter Planners of Ame &•= .
rica = 40 �`_=
12/1/2017 City Council Presentation 4
Ur
T46 Chapter 6 Presentations
• March 22, 2017
Animal Shelter Advisory Committee comprehensive review
Concurred with comments
• June 15, 2017
Parks & Recreation Advisory Board partial review
Concurred
12/1/2017 City Council Presentation
P`7 /1►
Chapter 6 Amendments
Amendment Examples
• Registration
• Adoption
12/1/2017 City Council Presentation 6
Registration
RABIES VACCINATIONS-VACCINATION OF DOGS AND
CATS REQUIRED
(a) . . .the owner of a dog or cat shall have the animal vaccinated against
rabies bythe time the animal is four months of age and at regular
intervalthereafter.... g
(b) A veterinarian who vaccinates. . .shall issue. . .a vaccination
certificate...
(c) A . . .municipality may not register. . .an animal that has not been
vaccinated....
12/1/2017 City Council Presentation
T W.A a
9 � Registration
Benefits :
• Promotes current rabies vaccination •
among our pets ‘4141\ pc .,
• Quick return of lost/found pets ileti
: ,
without being processed into the ,
shelter ..
• Reflects that a pet is owned GRAPEVINE
• Reduces the spread of illnesses ----- -Cr(".
• Seamless reunite of lost pets to owners
• Promotes a rabies free dog park 1\11PkL SER .
12/1/2017 City Council Presentation
pRAP . T NE,
a:
Registration
Each dog or cat maintained in the City registered annually.
• Initial registration done at shelter or at special events
• Current rabies certificate required
• Proof of prior microchipping or authorization to do so
• Owner's name, address, breed, color, and sex of pet
• Valid for 12 consecutive months
• Renewals accomplished online or by phone
• 70% of cities surveyed, have a registration program
12/1/2017 City Council Presentation
CRAP , NFA
A 6`
Adoption
The adoption process promotes a safe and caring future for
adopted pets
Goals:
• Comply with State of Texas sterilization laws (H.S.C. 828.002)
• Ensure adopter has proper facilities to care for pet
• Ensure adopter wants a pet, not for resale
• Lessen abandonment, neglect, and/or cruelty occurrences
• Reduce returns and increases retention
• Reduce ordinance violations through education
• Ensure match between adopter and pet
12/1/2017 City Council Presentation 13
GR tiI,t_
,Ln Adoption
DOG AND CAT STERILIZATION,
REQUIREMENTS FOR ADOPTION
. . .a releasing agency (Animal Shelter) may not release a dog or cat for
adoption unless the animal has been sterilized or the release is made to a
new owner who signs an agreement to have the animal sterilized.
12/1/2017 City Council Presentation
CRAP NES
r s s
Current Adoption Process
• Dog/Cat becomes available for adoption
• Adopter identified
• Adoption process completed
• Adopter leaves with pet and voucher
• Adopter has pet vaccinated for rabies & sterilized
• Adopter returns voucher showing vaccination & sterilization
was completed
12/1/2017 City Council Presentation
GRA' SI
�ty.RLstia�l Proposed Adoption Process
• Dog/Cat becomes available for adoption
• Pet sterilized and vaccinated
• Adopter is identified 4 . „
• r completed Adoption process co p eted
• Adopter leaves with pet -
• Adopter does not have pet vaccinated for
rabies & sterilized
• Adopter does not return showing vaccination & sterilization completed
• Staff time is saved
• 79% of surveyed spay or neuter before leaving the shelter
12/1/2017 City Council Presentation 17
GRA'AI 10_
7
Questions
12/1/2017 City Council Presentation 18
Proposed Animal Ordinance Comparison Instructions
Council,
The following PDF (spreadsheet) was created to assist with understanding and seeing
the differences between the Current ordinance, Chapter 6 Animals and Fowl, and the
proposed changes to Chapter 6.
The current ordinance can be located at the following website:
https://www.municode.com/library/tx/grapevine/codes/code_of_ordinances?nodeld=PTII
COOK CH6ANFO
Before reviewing the spreadsheet, the following information and explanation might be
helpful:
The spread sheet is divided into the following columns:
Section-identifies the location or relevant text
Current Ordinance-Text of the current ordinance (at the website listed above)
Proposed Ordinance-Text of the proposed ordinance (copy provided)
Change-Type of textual change in Proposed ordinance
Explanation of Change-Possible cause/reason for the change
The Section column will contain the definition or numerical address of each text found
in the Current Ordinance and the Proposed ordinance.
The Current Ordinance column contains either the pieces of text found in the current
ordinance or a notation that there is no text (None). When text is underlined, it denotes
that the underlined text was modified in the Proposed ordinance.
The Proposed Ordinance column contains either the pieces of text found in the
Proposed ordinance or a notation that there is no text (None). When the text is
italicized in red, it denotes that the text is modified from the Current ordinance or is new
text or has changed.
The Change column is a brief description of the type of change:
No Change in Title-The section title did not change
Change in Title-The section title did change
No Change-No change in the text
Change(d)-Change in the text
Added-Text/information was added (not in Current ordinance)
Minor Change-Only a minor change was made (capitalization, grammar, minor
wording etc.)
Added or Added Definition-Definition was added
The Explanation of Change column is a short description of who recommended the
change and why.
The black horizontal bars denote a break in sections (6.1, 6.2, 6.3, etc.).
Page 1 of 2
Proposed Animal Ordinance Comparison Instructions
If there are any questions or needs, please do not hesitate to contact Ms. Kristina
Valentine (817-410-3369) or myself (817-410-3201 or 817-879-1492).
Mike Hamlin
Page 2 of 2
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Aricle I-In General Not Listed
Sec.6.1 Definitions Definitions No change in title
When used in this chapter,the following words and terms, When used in this chapter,the following words and terms,
unless the context indicates a different meaning,shall be unless the context indicates a different meaning,shall be
interpreted as follows: interpreted as follows: No change
Sn<J;,,I, .;;,:u uurr;Y,uesert,or leave any animal on/in public ur
private property with the intent of terminating any further
Abandon responsibility for said animal;and shall also mean failing to
properly redeem any animal impounded or quarantined by the
City.
None Added Needed-Added by City Attorney
The transfer of ownership from the City to a person or
Adoption organization deemed suitable for the care,custody,and control
of an animal.
None Added Needed-Added by City Attorney
H.S.C.821.001 "Animal"includes every
nonhuman creature.P.C.42.092(2)"Animal"
means a domesticated living creature,
Animal including any stray or feral cat or dog,and a
wild living creature previously captured. The
term does not include an uncaptured wild living
Any living,nonhuman creature,including but not limited,.:, creature or a livestock animal.
Any living,nonhuman creature. al cal or dog or wild living creature. Changed
Animal Services
Manager The supervisor of Animal Services or their designee and meets
None an Animal Services Officer. Added Needed-Not previously listed-Staff
Animal Control Enforcement officer for animal re and control within the City
)ts to be an animal control
Officer to
officer as defined and described in the Health and Safety C Title change-New title is same as HR job
Enforcement officer for animal control within the city. Minor Change description.
A city-operated or designated facili_ for impounding and caring The City operated for impounding and caring for
Animal Control for animals held under the authority of this chapter. animals held under the authority of this chapter.
Shelter to Animal
Services Minor change Encompassing of services provided
An animal not kept within an enclosure or fenced area or An animal not kept within an enclosure or fenced area
At large restrained by a leash of sufficient strength and length to control or restrained by a leash of sufficient strength and length to
the actions of said animal. control the actions of said animal. Owned-differentiates between At Large and
Minor change Stray
Cat Animal of the feline species,both male and female. Animal of the feline species,both male and female. No change
For the purposes of this chapter,a commercial variety show For the purposes of this chapter,a commercial variety show
Circus featuring animal acts for public entertainment. featuring animal acts for public entertainment.
No change
City The City of Grapevine Texas. 'The City of Grapevine Texas. No change
Page 1 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Commercial Any pet shop,animal auction,riding school or stable,zoological Any pet shop,animal auction,riding school or stable,zoological
Animal park,circus,recurring animal exhibition or commercial kennel. park,circus,recurring animal exhibition or commercial kennel.
Establishment
No change
Any premises wherein any person engages in the business of Any premises wherein any person engages in the business of
Commercial boarding,breeding,buying,letting for hire,training for a fee or boarding,breeding,buying,letting for hire,training for a fee or
Kennel selling dogs and cats. selling dogs and cats.
No change
Dangerous Animal
to
Title Change Title Change Changed Change In law
Any animal that in a vicious or terrorizing manner,approaches (orrurius unprovoked aci.,,in a place other,nan an enclosure
any person in apparent attitude of attack upon the streets. In which the dog was being kept and which was reasonably
sidewalks or any public or private property or certain to prevent the dog from leaving on its own,and those
1 acts cause a person to reasonably believe that the dog will
attack and cause bodily injury to that person;or
Changed Change in law
Anv animal who attacks unl,rovoked and causes in;w y_or to Makes an unprovoked attack on a person,domestic animal,or
otherwise endanger the safet,of human beings or animals:or livestock that causes bodily injury and occurs in a place other
2 than an enclosure in which the dog was being kept and which
was reasonably certain to prevent the dog from leaving on its
own;or
Changed Change in law
Any animal suspected of being a dangerous animal,if the suspected of being a dangerous dog,if the owner,keeper or
owner,keeper or harborer of such animal fails or refuses to harborer of such fails or refuses to make such
3 make such animal available for inspection by an animal control available for inspection by an animal officer.
officer.
Minor Change Change in law
Provided,however,the term dangerous animal shall not mean Provided,however,the term dangerous shall not mean a
an animal accused of any behavior described in this definition accused of any behavior described in this definition that
that occurs as a result of a trespass upon the property of the occurs as a result of a trespass upon the property of the owner
owner or harborer of the accused animal. or harborer of the accused g.
Minor Change Change in law
Department None 'olice Department Added definition Staff
Do•: Animal of the canine species,both male and female. Animal of the canine species,both male and female. No change
A}, exercise and play off leash in u
controlled environment under the supervision of their owner.
Dog Park harborers. The term does not include any areas located on Staff-Recognizes forthcoming City owned dog
None private properly Added definition ppark�and tely od wndifferentiates between public and
d.
Includes all species of animals commonly and universally Includes all species of animals commonly and universally
Domestic Animal accepted as being domesticated. accepted as being domesticated.
No change
Estray A• . •I livestock. Any stray livestock. No change
Page 2 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Services. This includes,but is not limited to,adoption fees,
Fee Schedule owner reclaim fees,and quarantine fees. Removed costs from ordinance and placed
None Added definition them into a fee schdule.
A bird of order Galiformes, which can be used as food.
Ibis term includes but is not limited to the common
Fowl A bird of an. kind domestic or wild. domesticated chicken,duck,geese,turkey,quail,dove,ane "Fowl"in ordinance referring more to kept,
pheasant domestic kind,rather than ALL birds domestic
_Changed and wild.—Staff
The act of keeping and caring for an animal or of providing a The act of keeping and caring for an animal or of providing a
Harbor premises to which the animal returns for food,shelter or care premises to which the animal returns for food,shelter or care
for a period of at least three days. for a period of at least three days. No change
Harborer None One who harbors an anis Added definition Staff
Any animal with a natural inclination,tendency or disposition. Any animal with a natural inclination,tendency or disposition.
Known Propensity
No change
None The Animal Services Manager is hereby designated as the
local rabies control authority in accordance with requirements
listed in the Texas Health and Safety Code. In the absence of
Local Rabies the Animal Services Manager,the officer temporarily serving in
Control Authority that capacity shall assume the duties and responsibilities of th
local rabies control authority.
Tx.Administrative Code,169.22(19);H.S.C.
Added definition 826.017
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. Any n animal regarded as an asset,including cattle,
Livestock horses, mules, asses, sheep, goats, llamas,alpacas,and
'lefinc.... .. , . _
_ q hogs. Changed Argiculture Code,Sec.142.001
A passive electronic device that is injected into an animal, A passive electronic device that is injected into an animal,
subcutaneously,by means of a hypodermic type syringe subcutaneously,by means of a hypodermic type syringe
device.Each microchip shall contain a unique and original device.Each microchip shall contain a unique and original
Microchip number that is read by an electronic scanning device for number that is read by an electronic scanning device for
purposes of identification and recovery by the animal's owner. purposes of identification and recovery by the animal's owner
!iarbore
Minor Change Staff
Municipal Court None a M e City r Added definition Staff
None :vine; . costal'
Owned keeping an animal.
Added definition City Attorney
Any person owning,keeping or having custody or control of,or Any person owning,keeping or having custody or control of,or
Owner who has right of property in,an animal. who has right of property in,an animal.
No change
Page 3 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Any animal kept for pleasure rather than utility and shall include Any animal kept for pleasure rather than utility and shall include
dogs,cats,rabbits,rodents,birds,reptiles and any other dogs,cats,rabbits,rodents,birds,reptiles and any other
species of animal which is sold or retained as household pets, species of animal which is sold or retained as household pets,
Pet Animals but shall not include skunks,nonhuman primates,and any but shall not include skunks,nonhuman primates,and any
other species of wild,exotic or carnivorous animal that may be other species of wild,exotic or carnivorous animal that may be
further restricted in this chapter. further restricted in this chapter.
No change
Any establishment owned and operated by a person, Any establishment owned and operated by a person,
corporation or association,whether operated separately or in corporation or association,whether operated separately or in
Pet Shop connection with another business enterprise,except for a connection with another business enterprise,except for a
commercial kennel,that buys,sells,boards or grooms any commercial kennel,that buys,sells,boards or grooms any
species of animal. species of animal.
No change
Any animal,for which there is no identifiable owner or harborer, Any n ^ animal,for which there is no identifiable owner or
Stray Animal which is found to be at large within the corporate limits of the harborer,which is found to be at large within the incorporated
city. limits of the ity. Minor Change Added the word unowned to definition.
With respect to an attack by a dog,means that the doq was not ;rt6u:;s cornua taut is nut: r.;n re.punsa to being tormented,
hit kicked or struck b a person with any object orIan of a abused,or assaulted by any other person or animal;or 2.In
Unprovoked ;erson's body nor was any part of the dog's body pulled, response to pain or injury;or 3.In protection of itself,its food,
Conduct pinched or poked. kennel,immediate territory,or nursing offspring.
Changed Change In law
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
Vicious Conduct 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.
Changed Change in law
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
Wild Animal other reptiles,monkeys(nonhuman primates),raccoon skunk,
ferret fox wolf leopard panthers tigers and lions.
Includes all species of animals which exist in a natural, Staff--First sentence of the original definition
unconfined state and are usually undomesticated. Changed was retained. All examples were removed.
Any facility,other than a pet shop or kennel,displaying or Any facility,other than a pet shop or kennel,displaying or
exhibiting one or more species of nondomesticated animals, exhibiting one or more species of non-domesticated animals,
Zoological Park operated by a person,partnership,corporation or government operated by a person,partnership,corporation or government
agency. agency.
No change
Sec.6.2 Livestock;sanitary conditions Livestock Change in title
Page 4 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
It shall be unlawful for any person to keep or harbor any It shall be unlawful for any person to keep or harbor any
livestock within the corporate limits of the city in any pen, livestock within the limits of the City in any pen,stable,shed or
stable,shed or other enclosure at a distance of less than 50 other enclosure at a distance of less than 50 feet from any
feet from any residence,business,commercial establishment, residence,business,commercial establishment,office,school,
a office,school,hospital or nursing home.This 50-foot hospital or nursing home.This 50-foot requirement does not
requirement does not apply to the livestock owner's residence, apply to the livestock owner's residence,business,commercial
business,commercial establishment or office. establishment or office.
No change
It shall be unlawful for any person to keep or harbor any It shall be unlawful for any person to keep or harbor any
livestock within the corporate limits of the city,where there is livestock within the limits of the City,where there is less than
b less than 20,000 square feet for each cattle and 10,000 square 20,000 square feet for each cattle and 10,000 square feet for all
feet for all other types of livestock. other types of livestock.
No change
It shall be unlawful for any person to allow livestock within 50 It shall be unlawful for any person to allow livestock within 50
feet of any dwelling used for human habitation other than the feet of any dwelling used for human habitation other than the
c owner's dwelling. owner's dwelling.
No change
It shall be unlawful for any person to keep or harbor any fowl 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 within the ity in any pen,shed,coop or enclosure,if any part
enclosure,if any part of such enclosure or structure is within 50 of such enclosure or structure is within 50 feet of any residence,
feet of any residence,business or commercial establishment or business or commercial establishment or office(other than the
office(other than the owner's),school,hospital or nursing owner's),school,hospital or nursing home.
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
d 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 1 shall not apply to pet birds kept within residential
or commercial structures nor shall it apply to birdhouses for the
keening of migrating or wild birds.
Staff—Retained the first sentence of existing
Changed language and removed remainder.
It shall be unlawful for any owner of any animal to maintain It shall be unlawful for any owner of any animal to maintain
yards,pens,stables,sheds,coops or other enclosures in which yards,pens,kennels,stables,sheds,coops or other enclosures
such animals are confined in such a manner as to give off in which such animals are confined in such a manner as to
odors offensive to persons of ordinary sensibilities residing in emit odors offensive to person's ordinary sensibilities
the vicinity,or to breed or attract flies,mosquitoes or other residing in the vicinity,or to breed or attract flies,mosquitoes or
e noxious insects or rodents,or in any manner to endanger the other noxious insects or rodents,or in any manner to endanger
public health,safety or welfare,or to create a public nuisance. the public health,safety or welfare,or to create a public
nuisance.
Minor change
Page 5 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Manure and droppings shall be removed from pens,stables, Manure and droppings shall be removed from pens,
yards,coops and other enclosures regularly and handled or stables,yards,coops and other enclosures regularly and
disposed of in such a manner as to keep the premises free of handled or disposed of in such a manner as to keep the
any nuisance. premises free of any nuisance.
Minor change Staff--The word KENNEL added to definition.
Mound storage of droppings of manure between such removals Mound storage of droppings of manure between such removals`
shall be permitted,only under such conditions as to protect shall be permitted,only under such conditions as to protect
against the breeding of flies,rodents and to prevent the against the breeding of flies,rodents and to prevent the
migration of fly larvae(maggots)into the surrounding soil. migration of fly larvae(maggots)into the surrounding soil.
No change
The feeding of vegetables,meat scraps or garbage to livestock The feeding of vegetables,meat scraps or garbage to livestock
h shall be done only in impervious containers or on an impervious shall be done only in impervious containers or on an impervious
platform. platform.
No change
Watering troughs or tanks shall be provided,which shall be Watering troughs or tanks shall be provided,which shall be
equipped with adequate facilities for draining the overflow so as equipped with adequate facilities for draining the overflow so as
to prevent the breeding of flies,mosquitoes or other insects. to prevent the breeding of flies,mosquitoes or other insects.
No change
No putrescible material shall be allowed to accumulate on the No putrescible material shall be allowed to accumulate on the
premises;and all such material used to feed which is premises;all such material used to feed which is unconsumed
unconsumed shall be removed and disposed of by burial or shall be removed and disposed of by burial or other sanitary
other sanitary means. means.
Minor change Staff--Grammatical adjustment.
No changes in zoning or new construction on contiguous or No changes in zoning or new construction on contiguous or
adjacent property shall cause any uses or structures existing adjacent property shall cause any uses or structures existing
prior to the change in zoning or new construction to become prior to the change in zoning or new construction to become
k illegal or nonconforming pursuant to section 6-2. illegal or nonconforming pursuant to section 6-2.
No change
Suers of livestock report to Animal Services we
.cation,size of land ..i,and numbers and type of livestock:v
be kept within the City. Owners of fowl must report to Animal Staff—To enable Animal Services to contact and
Services the type of fowl to be kept. An annual permit is retum animals that are found estray. To ensure
required to maintain livestock and/or fowl within the City. A fee that owners of livestock and fowl have the
will be collected according to the Animal Services Fee proper space and setup to maintain animals in
Schedule and a permit may be issued. If there is evidence of the City. From KV-20-25 known livestock
failure to comply with City livestock or fowl ordinances,the City owners. No idea on number of animals. We
reserves the right to deny issuance and/or renewal of said occasionally team about more.Unknown how
permit upon request of applicant and to assess a fine for many with fowl,although chickens are
violation. becoming more popular with sustainability
crowd.
None Added
Page 6 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Sec.6.3 Creation of disturbance by animal. Creation of Disturbance by Animal. No change
It shall be unlawful for any person to willfully or knowingly It shall be unlawful for any person to knowingly harbor or keep
harbor or keep on his premises or elsewhere any animal of any on premises or elsewhere any animal of any kind that makes or
kind that makes or creates an unreasonable disturbance of the creates an unreasonable disturbance of the peace,
peace of the neighbors or occupants of adjacent premises or type or mann ,of the neighbor or occupant of
people living in the vicinity thereof or suffer or permit such adjacent premises or people living in the vicinity thereof or
animal to make or create unusual noises by howling,barking, suffer or permit such animal to make or create unusual noises
bawling or otherwise. by howling,barking,bawling or otherwise.
Minor change Staff—language removed and added for clarity.
Sec.6.4 vdiid animals W id Animals No change
It shall be unlawful to keep or harbor any wild animal within the It shall be unlawful to keep or harbor any wild animal within the
city,except at commercial animal establishments dealing in the City,except at commercial animal establishments dealing in the
sale or handling of such animals and having proper zoning for sale or handling of such animals and having proper zoning for
a such commercial establishments and having proper facilities for such commercial establishments and having proper facilities for
the restraint and care of such animals. the restraint and care of such animals.
No change
The animal control officer and the city manager or his designee The and the
may establish conditions under which it would be permissible to designee may establish conditions under which it
keep or harbor wild animals at locations other than those listed would be permissible to keep or harbor wild animals at
b in section 6-4(a)for a period of time not to exceed one month. locations other than those listed in section 6-4(a)for a period of
time not to exceed one month.
Minor change
Sec.6.5 Animals at large Animals at Large No change
It shall be unlawful for the owner or harborer of any animal to 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 permit the same to be at large in the ity or to trespass upon
the premises of any other person.There shall be an irrebuttable the premises, ,of any other person.There shall
presumption that any animal which is at large shall have done be a presumption that any animal which is at large shall have
so by the permission of its owner or harborer. done so by the permission of its owner or harborer
r:if:(J,l1J,:J uVl.
Minor change City attorney and staff
pima,
apply to cats which are wearing a valid rabies tag(to induct:
-ping microchipped)and are registered. Feral cats that hay.
on sterilized and ear notched or otherwise permanently
None marked,and returned to locations within the City in order to
reduce the population of feral cats through sterilization,shall
not be considered at large or running at large.
To encourage responsible cat ownership.To
not impeed surrounding areas programs of
Added TNR
Sec.6.6 Impounding of cats.dogs Impounding of Cats,Dogs No charge
Page 7 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
The health officer the animal control officer or any police officer The .:i Services Offic, or any police officer may cause to
may cause to be taken up and impounded any animal, be captured and Impounded any animal,excluding livestock,at
excluding livestock,at large in violation of the terms of this large and in violation of this chapter.This section shall be
a chapter.Provided,however that this section shall be enforced enforced relative to cats,only upon receipt of a complaint.
relative to cats,only upon receipt of a complaint.
Minor change
The owner of any animal impounded under the terms of this The owner of any animal impounded under the terms of this
chapter shall have the right to redeem same,unless otherwise chapter shall have the right to redeem same,unless otherwise
provided,upon payment to the city for each dog or cat so provided,upon payment to the ity for each dog or cat.
redeemed the sum of$15.00.For each additional impoundment owner pay fees associated with redemption c! animal
of the same dog or cat that occurs the impoundment fee shall as set torch in the Animal Services Fee Schedu ;ng,but
b increase by$15.00 for each additional impoundment.In not limited to,impound fees,boarding fees, and veterinary or
addition to the impoundment fee,the owner shall pay the drug fees incurred during Impoundment.
boarding fee of$5.00 per day,fine if any and any veterinary or
drug fees incurred during impoundment.
Mnor change
All dogs and cats redeemed at the animal shelter must be All dogs and cats redeemed from the City, which are not
vaccinated against rabies,in accordance with the provisions of ;:rochipped,will be microchipped at the expense of
section 6-30 within three days of the redemption date.if said owner prior to being released from impoundment.All dogs
animal does not have a current and valid rabies vaccination J cats redeemed from the City, which are not already
certificate.If the owner or harborer of said animal fails to have .,rently vaccinated for rabies,will be vaccinated for rabies at
the redeemed animal vaccinated within three days after the the expense of the owner prior to being released from City attorney supports. Microchipping will allow
c redemption date,the owner or harborer shaft be lined an impoundment. for reduced staff time in identifying and
amount of at least$100.00,provided he is found guilty or returning an animal which results in savings to
pleads guilty or nolo contendere to the offense. the owner(less time at shelter)and reduced
disease concern for the animal. All animals are
required to be vaccinated for rabies per State
Changed H.S.C.826
All impounded animals shall be redeemed within three days All impounded animals shall be redeemed within 72 hot,. after
after their impoundment.All animals not redeemed within that their impoundment.All animals .pounded for more than ilr
time shall be given to a new owner or be humanely destroyed if r,_.u,.> ,.,,, _ .:,,., .., City and any prior owners
no new owner is found. will be completely divested. Once the impounded animal
becomes property of the City,such animal may be made
d 'igible for adoption through Animal Services or other third
ty rescue organization or be humanely destroyed at the sole
discretion of Animal Services.
Changed City attorney edited to ensure proper language
None .)twithstanding the above provisions,the disposition o.
animal impounded under Texas Health and Safety Code
Section 821.022(Seizure of Cruelly Treated Animals)shall t
e governed by Health and Safety Code section 821.023
(Hearing;Order of Disposition or Return of Animal).
Added City attorney added
Page 8 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Sec.6.7 Confinement during estrus Confinement During Estrus No change
Any unspayed female dog or cat in the state of estrus(heat) Any unspayed female dog or cat in the state of estrus(heat)
shall be confined during such period of time in a house,building shall be confined during such period of time in a house,building
or secure enclosure,and said area of enclosure shall be so or secure enclosure,and said area of enclosure shall be so
constructed that the animal may not escape the enclosure and constructed that the animal may not escape the enclosure and
that no other dog or cat may gain access to the confined that no other dog or cat may gain access to the confined
animal,except when the owner desires access to the animal for animal,except when the owner desires access to the animal for
breeding purposes.Owners or harborers who do not comply breeding purposes.Owners or harborers who do not comply
with this section shall be ordered to remove the animal in heat with this section shall be ordered to remove the animal in estrus
to a commercial kennel,veterinary hospital or animal shelter. to a commercial kennel or veterinary hospital.All expenses
All expenses incurred as a result of this confinement shall be incurred as a result of this confinement shall be paid by the
paid by the owner or harborer.Failure to comply with the owner or harborer.Failure to comply with the removal order of
removal order of the animal control officer shall be a violation of the mal Ser shall be a violation of this chapter
this chapter and the dog or cat may then be impounded as and the dog or cat may then be impounded as prescribed in this
prescribed in this chapter. chapter.
Minor change Staff
Sec.6.8 Abandonment Ahandonmeni No change in title
No person who has within his control,either temporarily or No person who has within their control,either temporarily or
permanently,any animal shall abandon such animal within the permanently,any animal shall abandon such animal within the
city. ity.
No change
Sec.6.9 Disposal 01 dead animals Disposal of Dead Animals No change in title
It shall be unlawful for any dead animal to be disposed of within It shall be unlawful for any dead animal to be disposed of within
the pity by a means other than burning the animal at a landfill the ity by a means other than ;perly dh the animal
site located within the city,if such a landfill site existsor by a at a landfill site :r vi, a garbage collection or disposal service,
garbage collection or disposal service.The owner of such proviu ; u.0 u;iimal is piacc a r,d non-transpd,viii
animal shall be responsible for its disposal. The owner of a dead animal shall be responsible for disposing,
or permitting a veterinarian to dispose,such animal.
Unsanitary;Pests-attracted to a decomposing
Minor change animal
Sec.6.10 Entorcement Enforcement Penalty Change City Attorney
The animal control officer of the city is hereby designated the The Ser lag( of the City is hereby designated
person responsible for the purpose of enforcement of this the person responsible for the enforcement of of
chapter.His duties shall include,but shall not be limited to,the this chapter. Th Sery u. 1., duties shall
enforcement of this chapter and aiding the Texas Board of include,but shall not be limited to,the enforcement of this
a Health in the enforcement of area quarantine,pursuant to chapter and aiding the Texas Board of Health in the
V.T.C.A.,Health and Safety Code§826.001 et seq.,as may be enforcement of area quarantine,pursuant to V.T.C.A.,Health
amended. and Safety Code§826.001 et seq. ?hies),as may be
amended.
Minor change V.T.C.A.-Vemon's Texas Code Annotated
Page 9 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Any animal control officer of the city shall have the authority to Any of the City shall have the authority
issue citations for any violation of this chapter and any other to issue citations for any violation of this chapter and any other
power or duty stated within the terms of this chapter.If the power or duty stated within the terms of this chapter.If the
person being cited is not present,the animal control officer may person being cited is not present,the
b send the citation to the alleged offender by registered or may send the citation to the alleged offender by registered or
certified mail,return receipt requested,by depositing same in certified mail,return receipt requested,by depositing same in
the U.S.mail,postage prepaid. the U.S.mail,postage prepaid.
Minor change
A; ,on who violates any provision c, apter commits an
offense,and upon conviction,shall be punished by fine not to
exceed$500.An offense under this chapter is a strict liability
c Replaced offense and the culpable mental state required by the Texas
Penal Code is hereby specifically negated and clearly
di' City attomey added a new section which
Added caused the numbering to be off.
II shall be unlawful for any person to interfere with any animal It shall be unlawful for any person to interfere with any
d control officer in the performance of his duties. S„ . in the performance of duties.
Minor change
It shall be unlawful for any person to fail to comply with any rIt shall be unlawful for any person to fail to comply with any
e lawful order of the animal control officer of the city. lawful order of the .,,f„i,Jt, of the City,
.ihority of this chapter.
Minor change City Attorney
Any animal control officer or any peace officer is authorized to, Any ^ "is or any peace officer's authority
including but not limited to: includes,but is not limited to:
Minor change Staff-minor language change for clarity
Humanely destroy an animal which poses an imminent danger Humanely destroying an animal which poses an imminent
to a person or property,or a real or apparent necessity exists danger to a person or property,or a real or apparent necessity
1 for the destruction of an animal;aaq exists for the destruction of an animal;
Minor change
Impound an animal which is diseased or endangers the health Impounding an animal which is diseased or endangers the
2 of a person or another animal; health of a person or another animal; Minor change
Impound any animal hereinafter designated,found to be Impoundur-,; any animal,found to be running at large or to be a
3 running at large or to be a stray within the city; stray within the City; Minor change
Humanely destroy any animal which has been seriously injured, Humanely destroy any animal which has been seriously
4 where such animal is too large to remove from the scene of injured,where such animal is too large to remove from the
injury to the animal shelter; scene of injury to the animal shelter; Minor change
Humanely destroy any impounded dangerous or vicious animal, Humanely destroy 7 any impounded,dangerous,or vicious
5 unless there is reason to believe that it has an owner,unless animal,unless there Is reason to believe that it has an owner,
otherwise provided for in this chapter; unless otherwise provided for in this chapter;
Minor change
Pursue animals running at large onto private property, Pursu animals running at large onto private property while
excludin;residences,while enforcing the provisions of this enforcing the provisions of this chapter and enter onto
6 chapter and enter onto private property and commercial animal private property and commercial animal establishments to
establishments to enforce regulations covered in this chapter. enforce regulations covered in this chapter.
Minor change
Page 10 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Sec 6.11 False statements "False Statements No change
It shall be unlawful for any person to make a false statement in It shall be unlawful for any person to make false statements) in
any application,affidavit or other document required by this any application,affidavit or other document required by this
a chapter or any regulation prescribed thereby. chapter or any regulation prescribed
Minor change
It shall be unlawful for any person to give a false statement in It shall be unlawful for any person to give false statement(s)in
regards to the identity of any animal which is found in violation to the identity of any animal which is found in violation
of any ordinance or to the identity of any owner of such animal of any ordinance or to the identity of any owner of such animal
b as required by this chapter or any regulation prescribed as required by this chapter or any regulation prescribed
thereby.
Minor change
Livestock riding or onving on public and pnvate property Livestock Riding or Dnvmg on Public and F'nvate Property
Sec. 6.12 No change
It shall be unlawful for any person to allow livestock to be driven It shall be unlawful for any person to allow livestock to be driven
or ridden upon any public property;provided however,horses or ridden upon any public property;provided,however,horses
may be ridden on the unimproved or unpaved portion of the may be ridden on the unimproved or unpaved portion of the
right-of-way.Provided however,the city shall maintain the right-of-way.The City, shall maintain the exclusive
exclusive authority to enter into a contractual relationship with authority to enter into a contractual relationship with one or
one or more entities or companies to provide horse-drawn more entities or companies to provide horse-drawn carriage
a carriage service within certain defined locations in the city and service within certain defined locations in the City and pursuant
pursuant to the terms and conditions of said contract.The chief to the terms and conditions of said contract.The Chief of
of police may also authorize horses and other livestock to be Police, ,may authorize horses and other
ridden or driven on the right-of-way under the authority of a livestock to be ridden or driven on the right-of-way under the
parade permit. authority of a parade permit.
Minor change
It shall be unlawful for any person to allow livestock to be driven 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 or ridden on any private property,unless same be done on the
b property of the owner of the livestock or by permission of the property of the owner of the livestock or by tr,;, permission
owner of the property. of the owner of the property.
Minor change
Sec.6.13 Tampering with traps and equipment Traps and Equipment Minor change
It shall be unlawful for any person to remove,alter,damage or It shall be unlawful for any person to remove,alter,damage or
otherwise tamper with a trap or equipment set out by the animal otherwise tamper with a trap or equipment by the H.S.C.825.008(Tampering with Traps;
a Criminal Penalty)—speaks to pest/rodent
control officer. ✓ices OY:
Minor change control.
Page 11 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
A person may dogs,cats,or other
small animals on personally owned property or with the written
'isent of the property owner. Traps must be checked at least
rce every two hours or during the overnight period of no more
than eight hours when set. It shall be unlawful to trap animals
when inclement weather is occurring such as temperatures
below 45 degrees Fahrenheit or above 85 degrees Fahrenheit,
b a heat index warning is issued,severe weather watches or
warnings have been issued,during wet conditions(rain,sleet,
snow),or when a combination of weather conditions are in
effect or are pending that may result in unsafe conditions for
the animal.
For safety of trapped animals and preventing
cruel treatment to animals,as defined in H.S.C.
None Added 821 (Treatment of animals).
Any person who sets a humane trap resulting in a trap:
animal shall provide shelter and humane care for the an ,
including food,water,and protection from environmental For safety of trapped animals and preventing
elements of heat,cold,and precipitation. cruel treatment to animals,as defined in H.S.C.
None Added 821 (Treatment of animals).
A I. , acquire a humane animal trap through Animal
Services for a fully refundable deposit as set forth in the Animal
'rvices Fee Schedule.If the trap is not returned within the
d ,otted time and in good working condition,the person will
forfeit the deposit to the City and ownership of the trap will be
transferred from the City to the resident.
None Added Allows for compensation if trap isn't returned
Trapped am....,;., .. ................ .......
Animal Services Fee Schedule.
e
None Added
^nimals subject to the statewide rabies quarantine(any live
.odes of fox,skunk,coyote,or raccoon indigenous or
naturalized to North America)may be transported by peace
officers and individuals hired or contracted by local,state,or Texas Administrative Code prohibits the
federal government agencies to deal with stray animals when transport of these animals by a person other
None such transport is part of their office '4). Added than those listed in rule
Non-City owned traps that require an Animal Services Officer
g or a representative of the Department to remove and transport
the trap,in order to safely remove the trapped animal,can be
reclaimed at Animal Services during normal operating hours.
None Tr<=r -;;1 be held for three busine= -eclamation. Added
Page 12 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
It shall be ,... ..trap,or perms..,
h trap to remain that injuries or kills an animal.
None Added
Animal care Animal Care and Safeh
Sec.6.14 Change in title
It shall be unlawful for any owner or harborer to fail to provide It shall be unlawful for any owner or harborer to fail to provide
his animals with sufficient good and wholesome food or water, t:; animal with sufficient good and wholesome food or
adequate shelter and rrotection from weather,veterinary care water,shelter, veterinary care
a when needed to prevent suffering,and with humane care and disea. ion and injuf ,and with humane care and
treatment. treatment.
Minor change Texas P.C.42.09&42.092
None
It shall be unlawful for any owner or harborer to fail to provide Defines shelter needed for protection from
their animal(s)with constant and continuous access to elements.Texas P.C.42.09&42.092.A new b
b adequate shelter. Adequate shelter"shall mean a shelter that was added in the proposed ordinance,causing
is structurally sound,moisture proof,and windproof,that is the lettering sequence to change. The original
ge enough to accommodate the animal,and to which the b text was kept,but moved to c in the
froth moisture Added proposed.
It shall be unlawful for any person to beat,cruelly treat,torment, It shall be unlawful for any person to beat,cruelly treat,torment,
mentally abuse,overload,overwork,or otherwise abuse an mentally abuse,overload,overwork,or otherwise abuse an
animal,or cause,instigate or permit any dog fight,cock fight, animal,or cause,instigate or permit any dog fight,cock fight,
c bull fight or other combat between animals or between animals bull fight or other combat between animals or between animals
and humans. and humans.
No change Texas P.C.42.09&42.092
It shall be unlawful for any person to abandon an animal in his It shall be unlawful for any person to abandon an animal
d custody. custody Minor change Texas P.C.42.09&42.092
It shall be unlawful for any person to give away any live animal 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 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 or other competition or as an inducement to enter a place of
e business;the provisions of the subsection shall not apply to business;the provisions of the subsection shall not apply to
auctions,raffles and games of chance in which consideration is auctions,raffles and games of chance in which consideration is
made. made.
No change
It shall be unlawful for any person to sell,offer for sale,barter or It shall be unlawful for any person to sell,offer for sale,barter or
give away any dyed,colored or otherwise artificially treated give away any dyed,colored or otherwise artificially treated
baby chicks,ducklings or other fowl,rabbits,hamsters or any baby chicks,ducklings or other fowl,rabbits,hamsters or any
other animal. other animal.
No change
Page 13 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
it s,;.:i be Ur,:.....,:. nave
unattended standing or parked vehicle or enclosed space
without providing the animal with adequate air ventilation and
protection from environmental temperature variations,including
heat and cold. An animal left under such conditions may be
removed from the vehicle or enclosed space by,or at the
direction of,an Animal Services Officer or a representative of
the Department,using any reasonable means and force
necessary,including the breaking of a window or lock. If
professional services are required to remove the animal,the
g owner is responsible for the cost and/or reimbursement of
costs. An Animal Services Officer or a representative of the
Department,or one who acts at the direction of an Animal
Services Officer or a representative of the Department relative
to this section, who removes an animal from a vehicle or
enclosed space in accordance with this subsection is not liable
for any resulting property damage.
Prevents neglectful/cruel confinement,Texas
Penal Code 42.092(Cruelty to Nonlivestock
None Added Animals).
A person commits an offense if they use a chain,rope,tether,
leash,cable,or other device to attach a dog to a stationary
object or trolley system. This does not prevent a person from
h walking a dog with a hand-held leash. It is an exception to this AVMA,American Humane Associate—bite and
section that/if: attack prevention,USDA--Animal Welfare Act
(all recommend against tethering); H.S.C.821,
None Added Subchapter D-Unlawful Restraint of Dog
The dog is being tethered during
veterinary treatment,grooming,training,or law enforcement
1 None activity;or Added
The dog tethering is required to protect the surety or welfare or
a person or the dog,and the dog's owner maintains direct
physical control of the dog;or
2 None Added
A. restrained in compliance with the requirements of a
camping or recreational area as defined by a federal,state,or
local authority or jurisdiction;or H.S.C.821.078(2);Code of Ordinance(Parks),
3 None Added 16-47
A dog restrained for a reasonable period,not to exceed three
hours in a 24-hour period,and no longer than is necessary for
the owner to complete a temporary task that requires the dog
to be restrained;or
4 None
Page 14 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
ug lei:: _ , ;a)L ..,.. ..:. .,within tt.
owner's direct physical control;and(b)Prevents the dog from
advancing to the edge of any public right-of-way;(c)Does not
occur between the hours of 10 p.m.and 6 a.m.;(d)Does not
occur within 500 feet of the premises of a school;(e)Does not
occur in cases of extreme weather conditions,including when
the actual or effective outdoor temperature is 32 degrees
Fahrenheit or below,a heat advisory has been issued,or a
hurricane,tornado, tropical storm watch or warning has bee
issued for the jurisdiction.
5 None Added H.S.C.821.077(a)(1-3)
The defenses under this section are 6
following specifications are met:( a. ) Toe chain,rope,terrier,
leash,cable,or other device is attached to a properly fitted
collar(not including pinch-type,prong-type,choke-type)or
harness worn by the dog; (b. )The chain,rope,tether,leash,
cable,or other device is not placed directly around the dog's
neck;(c. )The length of the chain,rope,tether,leash,cable,
or other device is no less than the greater of 10 feet or 5 times
the length of the dog from nose to tail base;( d. ) The chain,
rope,tether,leash,cable,or other device,by design and
placement,allows the dog a reasonable and unobstructed
range of motion without entanglement;and(e. ) The dog has
access to adequate shelter and clean and wholesome water.
6 None Added Parts taken from H.S.C.821.077
Sec.6.15 Duty to report injury or death of animals or fowl hit by vehicles Duty to Report Injury or Death of Animals Hit by Vehicles Change in title Dropped"or fowl"
Every person who strikes an animal or fowl with a vehicle and Every person who strikes an animal with a vehicle and injures
injures or kills such animal or fowl shall notify the animal control or kills such animal shall notify Animal immediately
department immediately after the occurrence and shall give the after the occurrence,or as soon as reasonably possibic ,and
time and place of the injury or death,a description of the animal shall give the time and place of the injury or death,a description
or fowl and the name and address of the person making the of the animal and the name and address of the person making Dropped"or fowl"in original ordinance and
report. the report. changed and added some language in
Minor change proposed ordinance.
Urinating or defecating on sidewalks,public parks,alleys and Urinating or Defecating on Sidewalks,Public Parks,Alleys and
other places open to the public or on certain private property Other Places Open to the Public or on Certain Private Property
prohibited. Prohibited.
Sec.6.16 No change
Page 15 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
It shall be unlawful for the owner or harborer of any animal to It shall be unlawful for the owner or harborer of any animal to
allow such animal to urinate or defecate upon sidewalks,public allow such animal to urinate or defecate upon sidewalks,public
parks,alleys,other places open to the public,or on private parks .ad by this chapa. ,
property without permission of the owner thereof.In the event alleys,other places open to the public,or on private property
that the owner or harborer of such animal is unable to prevent without permission of the owner thereof.In the event that the
the deposit of defecation in violation of this section, it shall be owner or harborer of such animal is unable to prevent the
the duty of such person to properly dispose of such waste deposit of defecation in violation of this section,it shall be the
material. duty of such person to properly dispose of such waste material.
Minor change Added language to exempt public park for dogs.
Sec.6.17 I eeping of diseased or crippled animals. Keeping of Diseased or Crippled Animals. No change in title
It shall be unlawful for any person to keep or harbor any animal It shall be unlawful for any person to keep or harbor any animal
which is inflicted with any dangerous or communicable disease, which is inflicted with any dangerous or communicable disease,
or which is in a painfully crippled or diseased condition,that to or which is in a painfully crippled or diseased condition,that to
keep said animal alive would be considered inhumane.All such keep said animal alive would be considered inhumane.All such
animals shall be humanely destroyed by a licensed veterinarian animals shall be humanely destroyed by a licensed veterinarian
or tumed over to the animal control del artment to be humanely or given/surrendered to riimal Service:., to be humanely
destroyed.This section shall not apply to veterinary hospitals or destroyed.This section shall not apply to veterinary hospitals or
animals under active veterinarian care with due regard for animals under active veterinarian care with due regard for
public health and safety. public health and safety.
Animal control department changed to Animal
Minor change services
Sec.6.18 Prisoners'animals. Prisoners'Animals No change in title
Any person who is taken into the custody of the Grapevine Any person who is taken into custody by the or
police department or other law enforcement personnel and other law enforcement and having in their possession
having in his possession an animal shall be notified that the an animal shall be notified that the animal will be
animal will be transferred to the animal control shelter. to s.Under certain
conditions and when time allows,arrestees animal(s)may be
teased to an authorized person,identified by the arrestee.
receiving person must approve to take receipt of the
animal(s)and must be capable of properly caring for the
animal(s).
Minor changes and language added to allow for
a Change possessery change of arrestee animals.
Page 16 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
n. confinement of said;erson,the animal will be taken During confinement of ostee, the animal, will be cared for
care of by the animal.control de;artment.The animal must be by The animal(sl may be redeemed from
redeemed from impoundment within 72 hours from the time of impoundment within hours from the time of Arte of the
incarceration of the owner,at no charge to the owner.If the owner,at no charge to the owner.If the animal(s) has not been
animal has not been redeemed within the 72-hour period,then redeemed within the 24 hour period, ie owner will be
the animal becomes the property of the City of Grapevine and fees after the cone uo .
may be humanely destroyed in a manner deemed appropriate of the initial 24 hour impoundment.After 72 hours,the
by the animal control officer animal(s)may become the property of the City and may
become eligible for adoption,placed into another organization,
or be humanely destroyed. The owner will be responsible for Language change from 72 hours to 24 hours,
any veterinary fees incurred regardless of the length of stay. no impoundment fee assesed for first 24 hours.
Language added allowing City to take
possession after 72 hours also to recoup fees
b Change associated with caring for animal.
No one shall be able to redeem an animal taken possession of No one shall be able to redeem an animal taken possession of
pursuant to this section,except the owner's duly authorized pursuant to this section,except the owner's duly authorized
designee. designee.
No change
Reserved. mal Shelter F
City Attomey—Section added,codifying Animal
Sec.6.19 Change in title Shelter Advisory Committee
,.0 advisory committee shall be appointed by City Council.
Such committee shall meet at least three times per year and its
duties shall ensure compliance with the requirements of the
Texas Health and Safety Code §823.005. Members shall hold
office for staggered terms of two years,or until their successor
is appointed;excepting the municipal employees who shall
serve at the pleasure of the City. Members may be
reappointed. All committee members,except the municipal
employees,shall serve without compensation. The members
representing the public shall be residents of the City and have
resided within the City for 12 consecutive months preceding
the appointment. The committee shall select a Chair Person in
two year terms. The committee shall consist of six members
and one City Council liaison. The following positions shall be
filled: (a) One municipal official—Department representative
supervising Animal Services; (b) One municipal employee--
Animal Service Manager--whose duties include the daily
supervision and operation of an animal shelter; (c) Two
representatives of the general public—Citizens of Grapevine;
(d) One representative--Animal Welfare Organization; (e) One
representative—Licensed Veterinarian
Added by city attorney,codifying Animal Shelter
None Added Advisory Committee. H.S.C.823.005.
Page 17 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Pro•osed Ordinance Chan,a Ex•lanation of Chan• =
Article II-Dogs and Cats,Division 1- enerally Artilce Il-Doss and Cats,Division 1-General) No change
Sec.6.20 Numbers and breeding.permits. Numbers and Breeding;Permits No change in title
It shall he unlawful for any person to keep or harbor more than It shall be unlawful for any person to keep or harbor more
four dogs or cats,or combination of both,three months of age than four dogs or cats, months of age or older,or any
a or older on any lot or lots located within the city. combination of both,at any one time and location(property
used or zoned for residential purposes). Adjusted language about age and property
Change locations.Number of animals was not changed.
Owners or breeders of dogs and cats strictly for a hobby may Owners wishing to maintain more than the limit of dogs and
make apt;Iicationwith the city manager or his designee for cats,being 4 months of age or oG aJication
permission to keep or harbor more than four dogs or cats,or a with the Chief of Police or desior for permission to keep or
combination of both,of three months of age or older.The city harbor more than four dogs or cats,or any combination of both
mana,,,er or his designee shall issue a permit for one year to the - Police r designee gay issue a permit for one
applicant,upon the following information being furnished and year to the applicant,upon the following information being
the listed conditions being satisfied:(1)The maximum number furnished and the listed conditions being satisfied:(1)The
of cats or dogs to be kept or housed;(2)The reason or purpose maximum number of cats or dogs to be kept or housed;(2)The
for the keeping of animals;(3)That the dogs or cats are to be reason or purpose for the keeping of animals;(3)That the dogs
housed in cages or pens inside a residence or completely or cats are to be housed in cages or pens inside a residence or
enclosed structure;(4)That the dogs or cats are to be kept so completely enclosed structure;(4)That the dogs or cats are to
as to not be a nuisance or detriment to any adjoining or be kept so as to not be a nuisance or detriment to any adjoining
adjacent dwellings;(5)The cages or pens are to be maintained or adjacent dwellings or businesses;(5)The cages or pens are
b in a sanitary condition so as not to create any hazards to the to be maintained in a sanitary condition so as not to create any
general health and welfare of the community;(6)That the hazards or nuisances to the general health and welfare of the
applicant has complied with all applicable provisions of this
chapter. -designee periodic inspection of the animals ann
kept location at an agreed upon date and time during the on
year period.Unless otherwise needed,Animal
conduct no more than 4 insooct%ens annually: (7)That the
applicant has complied with all applicable provisions of this
chapter.
City attorney,starting with b,rearranged the
subsections. This outline follows the order of
the proposed ordiance,not the existing
Change ordinance.
It shall be unlawful for the owner or harborer of any animal to It shall be unlawful for the owner or harborer of any animal to
permit or cause to be permitted the breeding of any such permit or cause to be permitted the breeding of any such
c animal within the public view. animal within the public view.
No change
Proposed ordinance has a new piece of
d information that was placed in d. The
Owners wishing to breed their dog and/or cat more than twc information for d in the standing ordinance was
None times per calendar year are required to acquire a permit. Change moved to e.
Page 18 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
The city manager or his designee,upon being satisfied that the The - _ or designee,upon being satisfied that the
above information has been furnished and the conditions above information has been furnished and the conditions
satisfied,shall issue a permit for one year to the applicant.This satisfied,may collect the annual perrnit fee as set forth in the
permit may be revoked at any time,upon any of the conditions Animal Services Fee'chedule and issue a permit for one year
and requirements being violated or any part of this chapter as to the applicant.This permit may be revoked at any time,upon
set forth herein.The permittee shall be allowed to renew the any of the conditions and requirements being violated or any
permit,upon submitting a renewal application to the city part of this chapter as set forth herein.The permittee shall be
manager or his designee.The renewal application shall contain allowed to renew the permit,upon submitting a renewal
e the same information as is required for the initial application, application to the r,c of Police or designee.The renewal
and the renewal permit shall be valid for one year. application shall contain the same information as is required for
the initial application,and the renewal permit shall be valid for
one year .. to the same wriditions
Authority given to Chief of Police and/or
designee to receive and approve of permits and
Change collect fee.
F.eserved Regisrr.+_ Recommendation of needs assessment(p.37).
H.S.C.826,Subchapter D allows for
Sec.6.21 Change in title registration program.
.:h dog or cat kept,harbored,or maintained in the City she Staff--Registration added to assist animals
registered annually. Failure of the owner,keeper,or getting home quicker,potentially reduce fees to
harborer to comply with the requirements of this article shall owner(animal may not have to be impounded
constitute an offense. or,if impounded,will be reclaimed quicker),
increase public safety by rabies vaccine
None Added compliance.
At the time of application,the dog or cat owner shall:(1)
present a certificate from a licensed veterinarian verifying u;e
dog's or cat's rabies vaccination in accordance with section 6-
30;and(2)either present proof verifying that the dog or cat has
a been microchipped or provide authorization to Animal Services
to implant a microchip.
None Added Staff
The registration shall be valid for a 12 month period from the
date of issuance and shall include the owner's name,address,
b and the dog's or cars breed,color,and sex.
None
_Added Staff
An owner submitting an application for a dog or cat registration
c
is responsible for the registration fee as set forth in the Animal
Services Fee Schedule.
None Added Staff
Animal Services employee or designee shall issue a dog or cat
registration to the owner satisfying the provisions of this article.
d
None Added Staff
Page 19 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
�,. rrafion._:gsfm, s will .:ne follow/1,,
manner: (1) At the time of registration,Animal Services V
employee or designee shall provide the owner with a microchip
or metal tag for each registered dog or cat. The microchip or
tag shall contain a corresponding registration number. (2) A
replacement tag shall be issued when necessary,if the animal
is currently registered,and the registration period is still valid.
The owner of the animal is responsible for the replacement tag
fee as set forth in the Animal Services Fee Schedule. (3) Dog
and cat registrations are non-transferable and upon the death
e or the relocation of the animal from the City,the registration fee
is non-refundable. (4) Dogs and cats issued metal registration
tags through the City's registration program shall be required to
wear a collar or harness with the City issued tag securely
affixed. (5) Failure of the owner to comply with the
requirements of this article shall constitute a violation of this
chapter.
None Added Staff
assigned,housed,or working with,.
guy rear are curruntiy a component of a law enforcement
agency,military branch,or private company are exempt from
this chapter.
None Addeed Staff
Vicious dog section was removed and
components may have been incorporated into
the dangerous dog section. The Adoption of
Dogs and Cats section was added to articulate
Sec.6.22 Vicious dons Adoption of Dogs and Cats Change in title the adoption process.
The City shall comply with all sterilization laws as set rortn
Chapter 828 of the Texas Health and Safety Code,as
amended. A copy of the statute may be obtained from Animal
Services. To reflect Texas Health and Safety Code.
None Added Section 828
Page 20 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
A p ,ay au, , ma!Serv;.. .
that has been spayed or neutered and classified as adoptable
for the adoption fee as set for in the Animal Services Fee
Schedule. If the animal has not been spayed or neutered,the
new owner must make arrangements to have the animal
sterilized and vaccinated for rabies. (1) Animal Services may
establish an adoption receipt and sterilization agreement for
a use in the adoption process and violation of any term of such
agreement shall constitute a violation of this chapter. (2) Any
person who fails to sterilize an animal,as set forth in the
sterilization agreement,is guilty of a misdemeanor offense
punishable by a fine.
Texas Health and Safety Code,Section
None Added 828.002
The Animal Services Manager or designee may refuse/deny
the adoption of an animal for any valid reason,including but not
limited to,a person to whom Animal Services has reason to
believe: (1) Would not have proper facilities to contain or care
for the animal; (2) Wants the animal for the purpose of resale
or for purposes other than pet ownership; (3) There are
b reasonable grounds to believe the animal would be subjected
to abandonment or cruelty; (4) The person is under the age of
18;or(5) That the purpose of the adoption is to avoid,or
assist in the avoidance of,the enforcement of any provision of
this chapter.
None Added Codifying current practice
i!be the sole
°ge as to whether an animal is suitable to offer for adoption;
nowever,a decision to offer a particular animal for adoption
c shall not constitute any warranty,expressed or implied,of the
health,temperament,or age of the animal.
None Added Codifying current practice
y and its agents,employees,and officers shall have no
d y associated with the adoption or impoundment of any
,imal.
None Added Codifying current practice
Division 2-Rabies Control Division 2-Rabies Control No change in title
Sec 6 30 Vaccinations;certificates,tags. _Vaccinations;Certificates,Tails No change in title
Page 21 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
The owner or harborer(excluding animal shelters)of each The owner or harborer(excluding animal shelters)of each dog
domestic dog or cat shall have the animal vaccinated against or cat shall have the animal vaccinated against rabies by 4
rabies by four months of age.The animal must receive a months of age.The animal must receive a booster within the 12
booster within the 12-month interval following the initial month interval following the initial vaccination
vaccination.Every domestic dog or cat must be revaccinated .Every dog or cat must be revaccinated against rabies
against rabies at a minimum of at least once every three years at a minimum of at least once every three years with a rabies
with a rabies vaccine licensed by the United States Department vaccine licensed by the United States Department of
of Agriculture.The vaccine must be administered according to Agriculture.The vaccine must be administered according to
label recommendations.Livestock(especially those that have label recommendations.Livestock(especially those that have
frequent contact with humans)should be vaccinated against frequent contact with humans)should be vaccinated against
rabies.Nothing in this section prohibits a veterinarian and rabies.Nothing in this section prohibits a veterinarian and
a owner or harborer from selecting a more frequent rabies owner or harborer from selecting a more frequent rabies
vaccination interval.Failure to have said animal vaccinated vaccination interval.Failure to have said animal vaccinated
shall be an offense under this chapter and shall subject the shall be an offense under this chapter and shall subject the
owner or harborer to a fine.The fine for the second violation of 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 failure to have an animal vaccinated shall be at least double the
fine for the original offense. fine for the original offense.
Minor change
All such dogs or cats shall be vaccinated in accordance with All such dogs or cats shall be vaccinated in accordance with
the Texas Health and Safety Code.(1)All dogs and cats after the Texas Health and Safety Code.(1)All dogs
initial vaccination and booster must receive a second rabies and cats.after initial vaccination must receive a second
vaccination within one year of receiving their first vaccination, boost(. rabies vaccination within of receiving
regardless of:a.Type of vaccination used;orb.The age at initial vaccination,regardless of:a.Type of vaccination used;or
which the animal was initially vaccinated.(2)If the animal has b.The age at which the animal was initially vaccinated.(2)If
received at least two vaccinations and the last vaccination the animal has received at least two vaccinations and the last
consisted of:a.An annual rabies vaccine,the animal must vaccination consisted of:a.An annual rabies vaccine,the
b receive a vaccination within 12 months.b.A triennial vaccine, animal must receive a vaccination within 12 months.b.A
the animal must receive a vaccination within 36 months.(3)If triennial vaccine,the animal must receive a vaccination within
the animal has received at least two vaccinations prior to this 36 months.(3)If the animal has received at least two
amendment and a triennial vaccine was used for the last vaccinations prior to this amendment and a triennial vaccine
vaccination,this amendment is retroactive(i.e.,the animal's was used for the last vaccination,this amendment is retroactive
next vaccination will be due within 36 months from the date of (i.e.,the animal's next vaccination will be due within 36 months
its last vaccination). from the date of its last vaccination).
Minor change
Any person establishing residence within the City of Grapevine Any person establishing residency within the City shall comply
shall comply with this section within ten days of establishing with this section within days of establishing such
such residency.If an unvaccinated dog or cat inflicts a bite, residency.If an unvaccinated dog or cat inflicts a bite,scratch,
scratch,or otherwise attacks any person within the city limits,a or otherwise attacks any person within the City,a rabies
rabies vaccine shall not be administered to the dog or cat until vaccine shall not be administered to the dog or cat until after a
after a ten-day observation period,beginning with the date of a 24U hour a observation period,beginning with the
bite,scratch or attack. date of a bite,scratch or attack.
Minor change
Page 22 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance _ Change Explanation of Change
vaccination,the veterinarian shall execute and furnish to Upon vaccination,the veterinarian shall execute and furnish to
the owner of the dog or cat as evidence thereof a certificate of the owner of the dog or cat,as evidence thereof,a certificate of
vaccination.The veterinarian shall retain a duplicate copy of the vaccination.The veterinarian shall retain a duplicate copy of the
certificate,and one copy shall be filed with the owner.Such certificate,and one copy shall be filed with the owner.Such
certificate shall contain the following information:(1)The name, certificate shall contain the following information:(1)The name,
address and telephone number of the owner of the vaccinated address and telephone number of the owner of the vaccinated
c animal;(2)The date of the vaccination;(3)The type of rabies animal;(2)The date of the vaccination;(3)The type of rabies
vaccine used;(4)The year and number of the rabies tag;(5) vaccine used;(4)The year and number of the rabies tag;and
The breed,age,color and sex of the vaccinated animal. (5)The breed,age,color and sex of the vaccinated animal.
Minor change
Concurrently with the issuance and delivery of the certificate of Concurrently with the issuance and delivery of the certificate of
vaccination,the owner or harborer of the dog or cat shall cause vaccination,the owner or harborer of the dog or cat shall cause
to be attached to the collar or harness of the vaccinated animal to be attached to the collar or harness of the vaccinated animal
a metal tag,serially numbered to correspond with the a metal tag,serially numbered to correspond with the
vaccination certificate number and bearing the year of vaccination certificate number and bearing the year of
d issuance.It shall be an offense under this chapter for a person issuance.It shall be an offense under this chapter for a person
to own or harbor a dog or cat on which the rabies tag is not to own or harbor a dog or cat on which the rabies tag is not
affixed to said animal while said animal is off the premises of affixed to said animal.
the owner.
Minor chance Language dropped from current version.
Quarantine;reporting bites and scratches or suspected rabies. Quarantine;Reporting Bites and scratches or Suspected
Sec.6.31 Rabies. No change in title
Page 23 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
In the event a potential outbreak of rabies is suspected and the In the event a potential outbreak of rabies is suspected and the
danger of the public safety from rabid animals is reasonably danger of the public safety from rabid animals is reasonably
imminent,the supervisor of animal control is hereby authorized imminent,the nimal Services M is hereby authorized
and it shall be his duty to issue a quarantine proclamation, and it shall be duty to issue a quarantine proclamation,
ordering persons owning,keeping or harboring any animal to ordering persons owning,keeping or harboring any animal to
confine it as herein provided for such time as may be specified confine it as herein provided for such time as may be specified
in such quarantine proclamation.Upon the publication of such in such quarantine proclamation.Upon the publication of such
proclamation by the supervisor of animal control,any person proclamation by the Animal Services Manager,any person
keeping or harboring any dog or cat or other animal shall follow keeping or harboring any dog or cat or other animal shall follow
the procedure as described in section 6-36 regarding control the procedure as described in section 6-36 regarding control
and confinement,except that such animal,under the control of and confinement,except that such animal,under the control of
a an adult person and on a physical restraint,may be unconfined an adult person and on a physical restraint,may be unconfined
only if the animal is effectively muzzled.All dogs,cats or other only if the animal is effectively muzzled.All dogs,cats or other
animals found at large during the time specified by the animal animals found et large during the time specified ar
control officer in his quarantine proclamation may be humanely _.nfine proclamation by the Animal Scr ..anagt;, may
destroyed by any law enforcement officer or animal control be humanely destroyed by any law enforcement officer or
officer,if said officer is unable,with reasonable effort,to Animal Services Officer,If said officer is unable,with
apprehend such animal for impoundment. reasonable effort,to capture such animal for impoundment.
Minor change
It is the duty of any person who has knowledge that an animal 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 bite or scratch has occurred to report such fact as soon as
possible,but not later than 24 hours from the time of the possible,but not later than 24 hours from the time of the
incident to the Grapevine Police Department or the animal incident to .The person
control department.The person reporting the bite or scratch reporting the bite or scratch shall give the following information,
b shall give the following information,if known:The name,age, if known:the name,age,sex and precise location of the bitten
sex and precise location of the bitten or scratched person or or scratched person or persons and such other information as
persons and such other information as the officer may require. 1 or needed(H.S.C.8...
Minor language change. H.S.C.826.041
Minor change requires reporting.
Any veterinarian who clinically diagnoses rabies or any person Any veterinarian who clinically diagnoses rabies or any person
who suspects rabies in a dog,cat or other domestic or wild who suspects rabies in a dog,cat or other domestic or wild
animal shall immediately report such fact to the police animal shall immediately report such fact to /ces or
department or the animal control department,stating precisely the Dc ,stating precisely where such animal may be
c where such animal may be found.If a known or suspected found.If a known or suspected rabid animal bites or scratches
rabid animal bites or scratches a domestic animal,such a domestic animal,such incident shall also be reported as
incident shall also be reported as required above. required above.
Minor change Minor language change.
Page 24 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
The owner of an animal that is reported to be rabid or to have The owner of an animal that is reported to be rabid or to have
exposed an individualyor that the owner knows or suspects to exposed an individual ether animal,or that the owner knows
be rabid or to have exposed an individual shall submit the or suspects to be rabid or to have exposed an individual
d animal for quarantine to the health officer,the;olice other a ,shall submit the animal for quarantine to the
de;artment or the animal control officer. Animal Services or the Depa.
Minor change Minor language change.
Any animal suspected or known to have rabies or any animal Any animal suspected or known to have rabies or any animal
that has been exposed to rabies,and any animal which has that has been exposed to rabies,and any animal which has
bitten or scratched a person will be quarantined only at the bitten or scratched a person will be quarantined only at the
animal control shelter or at a veterinary clinic.The animal .mai Serv,c, or at a veterinary clinic.The vices
control officer may allow home quarantine,provided the owner ^-d` may allow home quarantine,provided the
of the animal strictly complies with the following:(1)The animal owner of the animal strictly complies with the following:(1)The
must be inside an enclosed structure,i.e.,house or garag1 animal must be inside an enclosed structure house or
and must remain there for ten days. (2)If maintained outside garage and must remain there for"en h,,-r- • (2)The animal
the animal must be kept behind a fence from which it cannot must be kept away from other animals and people,except
escape and on a chain from which it cannot break loose or those people in the immediate household;(3) , ,,
e inside a covered;en or kennel from which it cannot escape.(3) animal. nay a ie fee as set forth in the
The animal must be kept away from other animals and people, ;imal Ser Schedr; (4)The animal may not be
except those people in the immediate household.(4)The removed from the City while under quarantine;and
animal may not be removed from the city limits while under (5) ne
quarantine. quarantine must allow the Animal Services Manager or Clarifying home quarantine,authorizing fee to
designee the opportunity to inspect the animal and location as be collected for service,allowing inspection of
needed for compliance with these standards. animal and location.#2 in the standing
ordinance was dropped or removed.#3 in the
standing ordiance was dropped or removed and
language for the proposed#3 was added. #5
Change was added for the proposed ordinance.
It shall be unlawful for any person to remove from any place of It shall be unlawful for any person to remove from any place of
confinement any dog or cat which has been confined as confinement any dog or cat which has been
authorized,without the consent of the animal control without the consent of the ,mu mer rocas r ia,layer.
supervisor.
Minor change
The animal control officer shall order the testing of any animal The Animal Ser, shall order the quarantine and
suspected of having rabies.This testing shall be done by a evaluation of any animal suspected of having rabies.This
licensed veterinarian,whether the animal is quarantined at evaluation shall be done by a licensed veterinarian,whether the
home,at a veterinary clinic or the animal shelter.If it is animal is quarantined at home,at a veterinary clinic or Animal
determined by a veterinarian that a quarantined animal shows .If it is determined by a veterinarian that a quarantined
the clinical signs of the disease of rabies,the animal control animal shows the clinical signs of rabies,the vices
g officer shall humanely destroy the animal.If an animal dies or is shall humanely destroy the animal.If an
destroyed while in quarantine,the head or brain of the animal animal dies or is destroyed while in quarantine,the head or
shall be removed and submitted to the nearest Texas brain of the animal shall be removed and submitted to the
Department of Health laboratory for testing. nearest Texas Department of Health laboratory for testing.
Minor change
Page 25 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
If a veterinarian determines that a quarantined animal does not If, ger
show the clinical signs of rabies,the animal control officer shall determines that a quarantined animal does not show the clinical
release,or authorize the release,of the animal following the signs of rabies,the ral Services % shall release,or
quarantine period,if the animal has an unexpired rabies authorize the release of,the animal following the quarantine
vaccination certificate or the animal is vaccinated against rabies period,if the animal has a current and vai, rabies vaccination
h by a licensed veterinarian at the owner's expense. certificate or the animal is vaccinated against rabies by a
licensed veterinarian at the owner's expense.
requirements for release must be met before the animal can be
released.
Change
If the animal is not home:;uara_ntined the owner of the animal The owner of the animal shall pay to the City the reasonable
shall pay to the city the reasonable costs of the quarantine and costs of the quarantine and disposition of the animal,and the
disposition of the animal,and the city may bring suit to collect City may bring suit to collect the costs.The Animal Services
the costs.The animal control officer ma, sell or humanely Ma, ,,u ,.,,, .,.,.:ndoned if the owner or
destro: an animal that the owner or harborer does not take harborer does not take possession of on or before the third day
ossession of on or before the third day following the final day following the final day of quarantine. The Animal Services
of uarantine. Manager may choose a disposition appropriate for the animal,
including humane destruction.
Change
Most all of this division was changed by the City
Division 3 Dangerous Animals Dangerous Dogs Change Attorney because of changes in law.
Sec.6.33 Identification by animal control officer Identification `Dangerous Dogs;Seizure hange Change in law
An animal control officer shall inspect all animals suspected of :i a t.:,s r:,.ports a dangerous dog as defined by Section 6-1
being dangerous animals.Upon determination by such officer to Animal Services,an Animal Serrvices Officer may
that,in his or her judgement.an animal is a dangerous animal, vestigate such dog and any alleged incident. If,after
the officer shall provide written notice of such determination to uceiving sworn statements of any witnesses or personally
the owner or harborer of such animal by registered mail,return observing the dog,the Animal Services Officer may determine
receipt requested or hand delivered.The owner shall have ten that the dog is a dangerous dog.Animal Services shall request
a calendar days from the receipt of the letter to request a hearing a hearing for final determination before the Municipal Court
pursuant to section 6-34. within 24 business hours,excluding holidays,of the dog being
'-emed dangerous by an Animal Services Officer.
Change Complete paragraph replacement
No criminal action pursuant to section 6-35 hereof shall be If. be a dal this
brought against an owner or harborer of a dangerous animal if, section,,nrmar Jerv,ces shall proviac written notification of
within ten days of notice having been provided to such person, such determination,sent by certified mail,return receipt
the violation has been corrected. requested or by hand delivery,to the owner or harborer of such
b a dog. The notice shall also contain a statement that the
Municipal Court will make a final determination at a hearing set
by the court. The notice shall include a copy of this division.
Change Complete paragraph replacement
Page 26 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
It shall be unlawful to transport or otherwise relocate a ,alma!Ser . . . iority to impound a dog that has
dangerous animal to another location for permanent domicile been determined dangerous under this section until a hearing
without first notifying the chief of police. is held pursuant to Section 6-34.If the owner or harbor does
not deliver the dog or refuses to relinquish the dog to Animal
c Services,the Municipal Court,may order Animal Services to
seize the dog upon issuance of a warrant authorizing the
seizure.
Change Complete paragraph replacement
_a rebuttable presumption that identification by the animal None
control officer of an animal as a dangerous animal pursuant to
this section establishes that fact as a matter of law.The burden
d to rebut that presumption lies with the person owning or
harborin _the animal.
Change Complete paragraph removal
Sec.6.34 lieanng Hearing on Dangerous Dog Final Determination Change in title Change in law
The owner or harborer of an animal declared to be a dangerous rye.iunicipal Court,on receiving a request for a hearing,
animal by the animal control officer may request a hearing_ pursuant to Section 6-33,shall set a time fora hearing to
before the municipal court of the city to challenge such determine whether the dog is a dangerous dog. The hearing
declaration.The request for such hearing must be in writing and must be held not later than the 10th day after the date on which
a filed with the municipal court clerk within ten calendar days after the dog is seized or delivered.
notice of such declaration was mailed or hand delivered to the
owner or harborer of the animal.
Change Change in law
A hearing before the municipal court of the city challenging the y: ,written notice of the time and
declaration that an animal is a dangerous animal shall be held place of the hearing to the owner or harborer of the dog and to
within 30 calendar days of receipt by the municipal court clerk Animal Services,
b
of a timely filed written request for such hearing,
Complete change Change in law
None Any intere, a the county or city attomt
entitled to prusuni uviuuneu.
Added Change in law
None The Municipal Court shall make a aererrnination,based on
d preponderance of evidence presented,whether the dog is
dangerous dog as defined by this Chapter.
Added Change in law
None If the owner or h.. ,ot appear at the
hearing,the Municipal Court may proceed with evidentiary
e findings without the owner's or harbor's presence.
Added Change in law
None 'If the Municipal Court determines that the dog is a not a
dangerous dog,the Court shall order Animal Services to return
the dog to the owner or harborer.
Added Change in law
Page 27 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change _ Explanation of Change
None ,ne Municipal Court determines
dog,the Court shall order the owner or harborer to meet the
9 requirements to recover the dangerous dog under Section 6
35(a). Added Change in law
None The Municipal Court shall give written notice of the
h determination and order to the owner or harborer of the dog
Added Change in law
None The owner or harborer may appeal the decision of the
Municipal Court in the manner described by Texas Health coo
Safety Code Section 822.0424,as amended.During the
pendency of such appeal,Animal Services will retain custody
of the dog. The Municipal Court shall determine the estimated
costs to house and care for the impounded dangerous dog
during the appeal process and shall set the amount of bond for
an appeal adequate to cover those estimated costs.
Added Chance in law
Sec.6.35 Soecial requirements for dangerous animals. Requirements for C cf Dangerous Dogs Change in title Change in law
Within ten calendar days after notice of a final determination ,nation under Section 6-34 r,
that an animal is dangerous,the owner or harborer of such dog is dangerous,the owner or harborer of such dog may
a animal shall provide the city with the followinvi: recover the dangerous dog from Animal Services only if the
owner or harborer provides the City with the following:
Change Change In law
The name,address and telephone number of persons owning, The name,address and telephone number of persons owning,
keeping or harboring a dangerous animal: keeping or harboring the dangerous
1 Minor change
Payment of a$50.00 fee for each dangerous animal being kept; Payment of a in,.;on for each dangerous being kept;
2 Minor change
Proof that each dangerous animal which is four months of age Proof that each dangerous which is four months of age or
or over has been vaccinated against rabies by a licensed over has been vaccinated against rabies by a licensed
veterinarian and supply name,address and phone number of veterinarian and urov,ue uo name,address and phone number
veterinarian; of veterinarian;
3 Minor change
Two color identification photographs,at least three inches by color identification photographs,at least three inches by
three inches,of each dangerous animal,with one photograph three inches,of each dangerous with one photograph
showing the frontal view and the other showing a side view of showing the frontal view and others showing side views of each
each animal;
4 Change
Name and general description of each dangerous animal,which Name and general description of each dangerous which
general description shall include name,sex,weight,color, general description shall include name,sex,weight,color,
breed,height and length along with any other discernible breed,height and length along with any other discernible
features; features;
5 Minor change
Page 28 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Proof of a current public liability insurance policy in the amount Proof of c ;cspc;, ,;,, in an amount of at least
of at least$100,000.00 per occurrence for personal injury, $100,000:o cover damages resulting from no
death or property damage to cover injury or damage caused by •ous dog causing bodii ;ry t: .The
a dangerous animal,which policy shall name the City of insurance requirements contained herein shall be maintained at
Grapevine as a co-insured.The insurance requirements all times and shall not be cancelled by the owner or harborer,
contained herein shall be maintained at all times and shall not until the owner or harborer shall cease to own or harbor the
be cancelled by the owner or harborer,until the owner or dangerous
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.
6 Change
•
The owner or harborer shall authorize the animal control officer :)of that signs requ a been posted;
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. The text from the standing ordinance was
moved to 8 and the new language was
7 Change insterted in the proposed ordinance.
,zation to Animal Services or veterinarian to implant a
microchip beneath the skin of the dangerous for positive
identification of the ',g.Animal 5 is authorized to
charge the owner or harborer a reasonable fee for this service;
Note that the proposed 8 was taken,in part.
8 None Added from the current 7
The costs or fees assessed Dy s, Services reiated to t,
seizure,acceptance,care,or imp ,.ment of the dog;and
9 None Added
Compliance in wearing tr,,. _._ dog collar and
dangerous dog tag,to be worn at all times,as provided by
Animal Services.
10 None Added
Enclosure,for the purposes of this division,means a structure 71 :g may,
with secure sides,and either a secure bottom attached to the dews, u,, ,;,,, ;u;,, df is dangea,,.<.,
sides or the sides must be embedded no less than 12 inches in provisions of this division.
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
b 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.
Note that the proposed b was taken from the
Change current c.
Page 29 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
The owner of a dangerous animal may,prior to a final All dangerous ,. shall be vaccinated in accordance with
c determination that the animal is dangerous,comply with the section 6-30.
provisions of this chapter. Note that the proposed c was taken from the
Change current d,in part.
All dangerous animals shall be vaccinated in accordance with Any person owning a dangerous dog within the City shall
section 6-30 hereof.If the owner or harborer of a dangerous display signs of a permanent nature stating"BEWARE OF
animal is found quilty or pleads guilty or nolo contendere to the DANGEROUS DOG."Such signs shall be no less than eight
offense of failing to have said animal vaccinated.the minimum inches by 12 inches in size,with lettering no less than two The standing ordinance language ford was
fine shall be$250.00. inches in height.Lettering shall be white on a red background edited by the City Attorney and placed in the
d and made of light-reflective material.Such signs shall be proposed ordinance in c.The proposed
posted conspicuously at the front and rear property lines of the ordinance language came from Sec.6.42 and
premises and on the dangerous dog's enclosure. in the proposed ordinance,there is no longer a
6.42. From KV-We don't provide them. I think
a lot of people go to Fast Signs or similar. They
print them to specification of ordinance
Change language.
It shall be unlawful to transport or otherwise relocate a
dangerous dog to another location for permanent domicile
e without first notifying the Chief of Police or designee.
None Added
The owner or harborer shall,within 30 days of the Municipal
Court's determination,provide the required information under
subsection(a)to recover a dangerous dog,If the owner or
harborer fails to provide such information,Animal Services
shall seek a hearing pursuant to Section 6-38.
None Added
Sec.6.36 Control and confinement. Control and Confinement No change in title No change
A dangerous animal shall be kept in an enclosure at all times A dangerous shall at all times be ,,strained on a leash or
when its owner or harborer is not present.All enclosures shall kept in a secured enclosure.
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 quilty 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
lar le_shall have done so by the permission of Its owner or
harborer.
a Change
Page 30 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
A dangerous animal may be exercised outdoors on the owner's or the purM.__,
or harborer's private property in an enclosedfenced area,while fenced area or structure that is: (1) Locked with a key or
secured by a leash no longer than four feet in length held by a mbination lock; (2) Capable of preventing the entry of the
person of sufficient strength to restrain the animal. .,:;neral public,including children; (3) Capable of preventing
the escape or release of a dog; (4) Capable of preventing the
dog from putting its mouth outside of it; (5) Clearly marked as
containing a dangerous dog; (6) Enclosed by a secure top
and sides with a solid bottom or constructed in such a manner
which would prevent the dog from tunneling under the secure
enclosure or going over the top and escaping; (7) Protected
from the elements adequately for the dog's humane care;and
(8) Approved by the Animal Services Manager.
b Change
Except as provided in subsection ib 1 above,a dangerous An owner or harborer of a dangerous dog shall not permit such
animal shall not be removed from an enclosure,unless it is dog to be outside the secured enclosure unless the dog is
secured by a leash no longer than four feet in length held by a muzzled and restrained by a chain or leash,no longer than four
person of sufficient strength to restrain the animal,and unless (4)feet in length,and a capable person is in immediate
the animal is muzzled by a muzzling device sufficient to prevent physical control of the leash. Such dog shall not be leashed to
the animal from biting any person or any other animal. any inanimate object such as a tree,post,building,or other
object. The muzzle shall be made in a manner that will not
cause injury to the dog or interfere with its vision or respiration
but shall prevent it from biting any person or animal.
c Change
At no place within its enclosure shall a dangerous animal be All enclosures erected to confine dangerous dogs must comply
able to put its mouth outside of the enclosure. with all zoning and construction regulations of the City.
d _ Change Proposed d was taken from current f.
All enclosures used to confine dangerous animals must be Animal Services shall periodically inspect the location and
locked with a key or combination lock when such animals are premises of all dangerous dogs to ensure compliance with this
e within the enclosure. chapter.
Change
All enclosures erected to confine dangerous animals must
comply with all zoning and construction regulations of the city,
None Change
All enclosures shall be adequately lighted ventilated and must
be maintained in a clean and sanitary condition.
g None Change
An enclosure used to confine a dangerous animal shall comply
with this section,no later than ten calendar days after a final
determination that the animal is a dangerous animal.
h None Change
Page 31 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
An animal control officer shall periodically inspect the location
and _remises of all dangerous animals to ensure compliance
with this chapter.
None
;ec.6.37 Confinement indoors. Confinement Indoors. No change in title
It shall be unlawful for any person to keep or harbor a 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 dangerous on a porch,patio or in any part of a house or
building that would allow the animal to exit such structure on its building that would allow the to exit such structure on its
own volition. It shall be unlawful for any person to keep a own volition.It shall be unlawful for any person to keep a
dangerous animal in a house or building when the windows are dangerous in a house or building when the windows are
open or when screened windows or screened doors are one of open or when screened windows,screened doors,
the obstacles preventing the dog from exiting the structure and rietrabie barriers are the only obstacles preventing the
running at large. ..angerous dog from exiting the structure and running at large.
Minor change
Banishment Hearing on Violations;Disposition of a Odiiyeluus iiug.
Sec.6.38 Change in title
Any person,upon a final conviction of a violation of this division,,Upon determination by an An, Officer that
shall immediately remove all dangerous animals said person is_ owner or harborer has failed to keep a dangerous dog in
keeping or harboring to a location outside of the cit, limits and -'mpliance with this division or upon an owner's or harborer's
said dangerous animals shall never be brought into the cit, ,ure to provide the required information under Section 6-
again.Any dangerous animal not so removed shall be subject 35(a)to recover a dangerous dog after the Municipal Court's
a to confiscation and may be humanely destroyed by the city determination,Animal Services shall request a hearing before
without notice to the:.erson owning or harboring such animal, the Municipal Court to determine the disposition of the
and the owner or harborer of said animal shall be subject to dangerous dog.
fine.
Change
that is not kept in compliance with this division until a hearing is
held pursuant to this section. If the owner or harbor does not
deliver the dangerous dog or refuses to relinquish the
b dangerous dog to Animal Services,the Municipal Court,may
order Animal Services to seize the dangerous dog after issuing
a warrant authorizing the seizure.
None Added
The Municipal Court,on receiving a request for a hearing under
this section, shall set a time for a hearing to determine whether
the owner or harborer of a dangerous dog has complied with all
the requirements of this division. The hearing must be held not
c later than the 10th day after the date on which the dangerous
dog is seized or delivered.
None Added
Page 32 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
lie Municipal G':._,....:.:.. the r,;.. ....
d place of the hearing to the owner or harborer of the dhonen
None dog and to Animal Services. Added
Any interested party,including the county or city attorney,is
e entitled to present evidence at the hearing.
None Added
If the owner or harborer of the dangerous dog does not appear
at the hearing,the Municipal Court may proceed with
f evidentiary findings without the owner's or harbor's presence.
None Added
The Municipal Court shall make a determination,based on tt
preponderance of evidence presented, whether the ownc-
g harborer of the dangerous dog has complied with all the
requirements of this division.
None Added
If the Municipal Court finds tt it has
complied with all of the require;,,..,,;.,:,, .,,,., ,. .,,n,the
h Municipal Court shall order Animal Services to return the
dangerous dog to the owner or harborer.
None Added
If the Municipal Court finds that the owner or harborer has
failed to comply with the requirements of this division,the
Municipal Court shall order one of the following: (1) The
humane destruction of the dangerous dog on or after the 11th
day after the date of the order;
(2) The immediate removal of the dangerous dog from the
City,provided that if such dog is found at any time to be within
the City on or after the 11th day after the date of the order,the
Court will order Animal Services to seize the dangerous dog
after issuing a warrant authorizing the seizure,and order the
humane destruction of such dangerous dog;or(3) The return
of the dangerous dog to the owner or harborer upon full
payment of the cost of seizure,impound,and care to Animal
Services.
None Added
Page 33 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
the owi...; or hu, .,, : :..:;� .r,; ...,, ,, the
Municipal Court in the manner described by Texas Health and
Safety Code Section 822.0424,as amended.During the
pendency of such appeal,the Court shall not order the
destruction of the dangerous dog and Animal Services shall
retain custody. The Court shall determine the estimated costs
to house and care for the impounded dangerous dog during the
appeal process and shall set the amount of bond for an appeal
adequate to cover those estimated costs.
None Added
Sec.6.39 Reporting requirements. Registration and Reporttrco Requirements Change in title
Any person owning or harboring a dangerous animal within the The owner or harborer u?
city shall,within ten days after the following incidents,make a register the dog by providing the following to Animal Services:
written report of the incidents to the animal control officer:(1) (1) Proof of: (A) Liability insurance or financial responsibility,
The death or removal from the city of any dangerous animal in as required by Health and Safety Code,Section 822.042; (B)
the person's care;(2)The birth of offspring of any dangerous rrent rabies vaccination of the dangerous dog; and(C)
a animal in the person's care;(3)The fact of a move and specific rio secure enclosure in which the dangerous dog will be kept;
addresses involved when a person owning or harboring a and (2) An annual registration fee of$50 as listed in the
dangerous animal moves from one location within the city to Animal Services Fee Schedule.
another location within the city.
The language for current a was relocated to
Change proposed position c.
Any person owning or harboring a dangerous animal within the providing the information required by this section,Animal
city shall immediately notify the animal control officer or the ci Services shall provide to the owner or harbor registering a
police department of the escape from confinement of the dangerous dog a registration tag and a dangerous dog collar,
dangerous animal.Such notification shall not be used for any --s approved by the Animal Services Manager. The owner must
b purpose by the city as an admission of the person providing the :ce the dangerous dog collar and dangerous dog tag on the
notification in any prosecution brought against such person aangerous dog. The dangerous dog must wear the dangerous
under this chapter. dog tag and dangerous dog collar at all times.
Change
Any person owning or harboring a dangerous dog within the
City shall,within five business days after the following incidents,
make a written report of the incident(s)to the ;weal Services
Manager:(1)The death or removal from the ity of any
dangerous in the owner's or harborer's care;(2)The birth
of offspring of any dangerous in the owner's or harborer's
c care;(3)The fact of a move and specific addresses involved
when an ner or harborer of a dangerou moves from
one location within the ity to another location within the ity.
City Attorney—Note that proposed c was taken
None Change from current a.
Page 34 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
Any person owning or harboring a dangerous within the
ity shall immediately notify the vices A or
the Department of the escape from confinement of the
dangerous Such notification shall not be used for any
d purpose by the City as an admission of the person providing the
notification in any prosecution brought against such person
under this chapter.
None Change Note that proposed d was taken from current b.
ki person who fairs ro comply with ycrg y ut a
misdemeanor punishable by a fine not to exceed five hundred
e dollars($500).
None Added
Impoundment;redemption. impoundment; Redemption.
Sec.6.40 No change in title No change
The animal control officer is authorized to impound:(1)Any An Animal Sen is authorized to impound:(1)Any
dangerous animal not kept in compliance with this chapter,as dangerous not kept in compliance with this division;(2)
determined by final and nonappealable judgment of a court of Any that is determined by the nal Sery to
competent iurisdiction;(2)Any animal that is determined by the be a dangerous (3)Any dangerous dog not permanently
animal control officer to be a dangerous animal,posing such an,removed from the ity as required by Section 6-38.
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 safely of the citizens of the city that it cannot remain
a 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:(61 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.
Numbers 4-6 were were not inserted in the
Change proposed ordinance.
Page 35 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance - Change Explanation of Change
An animal impounded pursuant to this section fnav be Th _ an animal impounded pursuant to this section v-
redeemed as follows:t1)An animal impounded pursuant to 40, shall p. lment fee,pi. other fees
subsections(aX1),ia)(2)and(a)(5)of section 6-40 hereof may associated with ur resultant from handling,managing,caring,
be redeemed by its owner upon Payment of all fees owed to the and bringing the animal into compliance with this chapter.
cis_ 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
a ,ain._2J An animal impounded pursua1r t to subsections(a)(4)
and a)16)of section 6-40 hereof may be redeemed upon
a,ment of all fees owed to the city in connection with the
b imi oundment.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(ag3)hereof may not be redeemed but
shall be humanely destroyed by the city
Change City Attorney—Same but simplified
The owner of an animal impounded pursuant to this section 6- Animashall make a reasonable effort to notify the
40 shall pay an impoundment fee of$30.00.plus a care and owner or harborer of an animal that has been impounded.
c handling charge of$5.00 per day of impoundment.
Change Note that proposed c was taken from current d.
The animal control officer shall make a reasonable effort to None
d notify the owner of an animal that has been impounded.
Change
An animal not redeemed or for which provisions for redemption None
have a not been made within 72 hours of its impoundment shall
e he humanel, destro_,ed.
Change
The impoundment of an animal pursuant to this section shall None
not affect the right to a hearing granted to an owner under
section 6-34 of this chapter.
Change
fghtinq and antisocial behavior ;ngerous Dogs from Other Municipalities
Sec.6.41 Change in title
Page 36 of 37
PROPOSED ANIAMAL ORDINANCE
COMPARISON
Section Current Ordinance Proposed Ordinance Change Explanation of Change
No person shall own or harbor any animal for the purpose of son into the
fighting,or train,torment,badger,bait or use any animal for the City,the owner or harborer of such dangerous dog shall notify
purpose of causing or encouraging the animal to unprovoked Animal Services within 14 days.After presenting prior
attacks upon human beings or animals. registration and verification of registration requirements as
described in Health and Safety Code§822.043 and verifying
compliance with the provisions of this division and the payment
of the appropriate fee,the dangerous dog shall be registered
with the City and a new dangerous dog tag and dangerous dog
collar provided.
Change
An owner or harborer of a dangerous dog relocated to the City
must comply with the requirements of this division.
b None Change
FA pt.,Jwi w,sk)rails to comply with this section is guilty of a
misdemeanor punishable by a fine not to exceed five hundred
dollars($500).
c None Change
Sec.6.42 Signs None Change in title
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.
None Change Moved to a previous section,6-35 b
Page 37 of 37