HomeMy WebLinkAboutItem 11 - Amendments to Chapter 6 Code MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER'
MEETING DATE: JANUARY 16, 2018
SUBJECT: APPROVAL OF PROPOSED AMENDMENTS TO CHAPTER 6,
ANIMALS AND FOWL, CODE OF ORDINANCES
RECOMMENDATION:
Staff recommends approval.
FUNDING SOURCE:
Funding for service changes have been budgeted through the Animal Services'
operating budget (100-42200-209-005 & 100-42281-209-005).
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, reviews 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 Park
and Recreation Board. Input was received from the Board. The Board was in
concurrence with the changes.
On December 5, 2017, a presentation was made to the Council regarding changes in
Chapter 6, Animals and Fowls, in the Code of Ordinances.
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.
Since the December 5, 2017 Council presentation, additional modifications have been
made for clarity. These will be covered in this agenda item presentation.
Staff recommends approval.
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢ctlon Curt¢nt OTdlnanc¢ Pro ¢d Ocdlnanc¢ Chan Ex IanaYlon of Chan
Ancle I-In Genual Not Llsted
2(2j e
ur8�clud log
nmmsl su,�revi usry c
sns er �,�
ernres re o�^_mals M1eld under[M1e au[M1onty oRM1�s cM1sp[er_ �cao Id under[M1e su[M1onty oRM1�s cM1sp[er_ and csnng Tor sm
anety sM1ow suety sM1ow
Page 1 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢ctlon Curtent Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon of Chan
cry cryo cry o
us6nlmaL s
cBo maiis�is90 uc sucroog sys�is
on me property Dime ow upon me property Dime ow
nsmoreroime sccu ednlmalP nsmoreroime®ccusemog_
Dog asnc rm does trot mciude®iry®ie®s ioc®ted Dir gates between�pubi�c sna
Page 2 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
5¢c4on Cu��¢n[Ordlnanre Pno ¢d Ordlnanc¢ Chan Ex lanatlon oP Chan
on[ml Hu[M1onty duhcs®ird iespoirsbi4hes o£tbe
bees roirtm/aulho�ry- sbs[rve Code,169 22(19j{HSL
c tyPa c tyP
e��n us[ody or con[�I o£, ���n us[ody or con[�I o£
iub s iub s
Page 3 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢ctlon Curtent Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon of Chan
Sbsy Hmmal �cM1�s Tound[o be s[Isrye wrtM1m[M1e coryo�a[e I�mrts o£[M1 CAH is Tound[o be s[Isrye wrtM1m[M1e mcoryo�a[
Conduct ven_ irirc(immedi®te temtory or iruivirH o/FspoirH- �6s loo
Wild Hmmsl ..{, a ,� ..me.e ftg9 a..n ...a_
ility,o ility,o
city in Gty n
Page 4 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
cry,w cry,w
b rver¢t¢ypes oiirvestodc ��tarn¢sna iopoo square ieet HP¢s oiirvestock_ Darn¢ana io,000 square ieet for su om
�'�b�n es�b n
ce Comer man t
e(o rs>ss nets>,scnooi,nosprcai or nursing Home_
asgure oa o 0
¢ �¢c[�sVo i�c �^c[�sVo i�c
aim,safety or weiiare,or to create a pubic nwsance_ aim,safety or weiiare,or to create a pubic nwsance_
Page 5 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
9 fly larvae(msggo[sj into[M1e suvoundmg soJ_ ¢[[M1e mpg fly larvae(msggo[sj into[M1e suvoundmg soJ_ ¢[[M1e mpg
on[M1 Tom¢
erty¢s erty¢s
p4c®irt®ird to®sass®fiire Tor vio/®hoir_ m,r uPoo�¢9uc [M1 sus[amab¢ity��.yd_ ommg more popul
onpls premses o
lo(s)o ¢n(s)�
oily[M1 oily[M1
Page 6 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
Section Current Ordinance Pro ¢d OTdinanc¢ Chan Ex lanatlon oT CM1an
city,a Gty,ae
M1 ecity m
b ct�on 64(sj Tor s penod oR�me no[[o weed one mon[K oct�on 64(sj Tor s penod oR�me no[[o
r[t®ty o t0ty o
Page 7 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
cib To �� Eib To
c pouirdmeirc wirer paor to being ieie®xd linin tn¢ cty s m;ry'n
...-....re..ne.e r..me..xe..ae_ Oe erJ s
2[s is)s
¢ n s2io23[i-fe®it
ver of orsposnoir or rzetum otairrm®i)_r
Page 8 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
s(M1 st)s s(M1 st)s
pe�P anen[ly,any animal sM1all abandon sucM1 animal wrtM1m[ pe� nen[ly,any animal sM1all abandon sucM1 animal wrtM1m[
city b aWacySag[M1 s Citybb aiirgM1
city is Gty is
r k]ls d
a al[M1 and SSTety Code§826 001 e[seq_,as ma Tety Code§a d
ended_ 6 001 e[seq fRabies)®s may be amended_
Page 9 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢ctlon Curtent Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon of Chan
city s my to cty s my
uty a uty s
d 350o a
c piscea iebv speo5c®nv ireg®ted®ird cie®iiv ® ctys section wn�cn csu
rcn mat n afryim®i
d .a..+ .+rr..-P.m me pedovnance oltis aut�es rnres omrerm me pedo�®nce omeir autres_
e er oime..�ma ����m ���-=mime c�ty_mmpN wren anv� ime cty duiv®cnirg �
cr- mor cnsnge cty nttomey
ny peace otiicer�s sumonzea t any peace otiicers sumonty
Hedy,o re�aW apparent necessity swats eny,o ® i or apparent necess�ty�ews
e aestmct�on of ammagnG r e aestmct�on of an �magr¢
�c�b a= una to be mnnm c�Hv iouna to be mnnmg at ia�ge or to b
erty w
ter an ae���o
e e e�rty a� eny a bi�snments to eniome
Page 10 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ CM1an Ex IanaYlon oP Chan
ar�(sptin
n[(sJ in
regs¢ls[o o[ityro n[ity o
b gwred by[M1�s cM1sp[er or soy reguls[�on presto rt _ gwred by[M1�s cM1sp[er or s<'ny reguls[�on presto VeL-em_
ves[ocK ndmg or dmm�g on public sod pnvs[e property ves[ocK Rdmg or Omm�g on Public sod Pnvs[e Property
�a rtysP �a rtysP
my[o e e e
�dty s City,Ii
s city s CityWs
[M1e ng M1[-o£-wsy under[M1e su[M1my o£s ps�sda pemut sy under[M1e su[M1onty o£s ps�sda p
arty,u arty,u
b arty o [M1e Irves[ocK or by pamuss�on o£[M1 ¢rty o Irves[ocK or by tteir pamuss�on
oar o£[M1a mWa rty_a aownar o£[M1a mra rty~a
s am a fP' rwrtM1 sbsp or agwpm�Laat by[M1a aqu pmau6redby[M1aHiam gtT nm
Page 11 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
SecYlon Cu��¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
b s(ie
rw) o
im®L irdmgth®tm®yiesuttm uirs®le roirdihoirs for the TeHo definedm HS
c eirwmirmeirt®/ Teb o
e!®ir ve
T ®)m
Page 12 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
5¢c4on CUTT¢nt OTdlnanc¢ Pro ¢d Ordlnanc¢ Chan Ex IanaYlon of Chan
ma6bwl[M1os sC)w
b %(s)w e9
unlswTul Tor any person[o abandon sn aNYn9�ls Tul Tor any person[o abandon sn smm04m
tt�
Page 13 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
SecYlon Cu��¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
42 092c(Crvelty[o Nonlrves[ocK
system
~ choir tha�/iC 6h®h®ird-he/d/e®sh_/t is®ir exrePhoir tot 9J[a
e5ired by®ledeie(slate, 1 078(2j{Code o£ONmsnce(Ps
Page 14 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
5¢c4on Cu��¢nt O�dlnanc¢ Pro ¢d Ordlnanc¢ Chan Ex IanaYlon of Chan
H+6)O
ird(y)P
]GI�o
m p0 00
000 00
t�b-) T
[iro ype)o
e�!ar) T
k�!
r) T
�r�t to
d[e.)T ss to®dequ®te
Duty to Duty to
maf R.wl wrtn s
v5•tn ot�tpir
nr R.wl sna[M1e name sna saaress of[M1e person mswng[M1e na me name®na®caress of[M1e person mswng[M1
open to me pubic or on ceda�n pnvste pmpeny open to me aubi�c or on ceda�n anvste amp
Page 15 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
s(ex ��)E
arty w arty
uty o£sucM1 person[o p�p¢Ny d�spos¢o£sucM1 waste mate �u ty o
sl[M1 and saT¢ty_�V¢v¢[¢nnanan care wrtM1 due regsN Torp � ���a ve[ennanan c®re wrtM1 tlue regaN Tor public M1e
a<m¢smmsl wJl h eC� s n����yl��y
nsTeved[o[M1m.....a .-....�.�. ane�=r a/!s)m
®/(s)®ird m
c®p®b/e olpmpedy ca�irH Tor the®zm®/(s)_
Page 16 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
csr mels)w
e spvastbe mom)m
nbryy M1 [bee
¢e rty o Cly tithe
curled ieH®Mess o£tbe/eirH�t+o£s!®y_ br®iry vete�ir® C'�Trs urs_
serves_ im®i snerceradwsoiy commmee ctyn ma�ry�n nmm
ieyaJ o u�
� (� o
rcei(.c)� tanves o
�?YJ o
city s a�rym sne
Page 17 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢ctlon Cu��¢nt O�dlnanc¢ Pro ¢d O�dlnanc¢ Chan Ex IanaYlon of Chan
rs(x)[ ore[
otttp�¢monms o£age
s d¢r�+� t or otc o�-satrn w to o tnr _ res)mc®ird/oc®hoir(pmPertY edy
ti�rn
e e city m
¢¢shall�ssu¢s e e e _ _
g s<�isfl¢afq Tn¢�msamum umber a g¢®®isnegt)Tne®'amumPnum
siY3)T 4 e)T a ®Py3)T ¢�a)T
rec{a)T _
gs%5)a ne cages ortp ns¢sre to be msints ossein sten napier®ird�to��tne�®ges,pe
e aHt{5)T tna va4n)T
mpi�ea wren su appi�cabie pmv�s�ons oim�s cnspter_ ss�)T
nity;(J9T
®nXl)T ✓,
®Pier_ civ a
Page 18 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
SecYlon Cu��¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
®[ol) �
mb�J� �P
ui�)
e(a)¢
ciys
%/4 J¢
ropy of the st®tote m®y be obt®med rom aiam®i se�nres s iyeaim sna ssiety coae,
Page 20 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
SecYlon Cu��¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ CM1an Ex IanaYlon oP Chan
s-(fJts
H teK J� n
�r(f)P
S(Jd s®
�/F9J T
n erc�J¢
n ado
Page 21 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
r(e rs)o r(e rs)o
K(e K(e ¢ure_TM1
sJ s sJ s
Tety�c def'1)H r�nm TetyC dH'1)H
e e e ob_T ®ob sT
BJO£ st�H31£me,s
b cn 6_n
tn2>(it n�tyx)is
¢s(�a ¢s(�e
const�on>_ be aue wrcnm 35 monms som me erste outs ¢anon>W~ be aue wrcnm 35 monms som me erste outs
city s
tmty timlcx,s <c ¢�caq�s
tf.[�-dayo penoa,b¢gmnmg wrtM1 me erste ois brt¢ [ion penoa,b¢gmnmg wrtM1 me erste ois
Page 22 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ CM1an Ex IanaYlon oP Chan
oRJ(TM1r s[icft)T
� ssKJ T n,�T e tyP sls;(2)T ~�3)T er tyP<
d{gj T [sg5j(TM1 d¢gj T d(Sj
f¢b no i¢b no
Duty[o uty[o
Page 23 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
ury o �m ury o
ry IBas is ry ia�
cn omer miovnat�ona =..a..-=� � or person gmied or heeded[i-isc_s25_oat)_ anon a®v be
�S s
au�or m®{o 9 9 9 9
d Pa�,au e i for qua�ant�n¢to warm®i
s b T �..p[)a
nu(�io s#s
N2� e e s,(z)T
a�T ay not e¢remw¢a ¢¢(4)rT not e¢remw¢a som m¢cty
e c ty Hmrcs wn�i¢unser qua�ant�n¢_ (s)T nry�n
Page 24 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
e t�ity[M1 e
10ty[M1 an9e
aty m City m
Page 25 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon CUT¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ CM1an Ex IanaYlon oP Chan
Page 26 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
9 5(®)ie irts to ierover the dairH¢�✓s doH uird¢r Sechoir -
mare
s ..ne ane.-qi...�n ane`.. ..... 9. m Me
Page 27 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
oo®,nmuai b r of persons owm er of persons owm
ymen[o£s$SQ2p Tee Tor escM1 dangerous animal bung K p payment o£ar airirua/Tee Tor escM1 dsngemuLOH bung Kep[
n B�applyname,address and pM1one number oT n�mvide the name,address and pM1one num
3 Tw^nonanan
reM1 sng�m[hal Tmn[al mew and[M1e o[M1er sM1owmg a side mew g[M1e Tmn[al mew and o[M1ers sM1owmg side mews oT e
e��lmal,which e�mi-p-�w
_ �_� _
s[$100 OQ.e e [ o g OOpOOb®ro
of that sH�s iequiied by subsechoir(d)have beeir pos!
M1®n]mal-TM1
Page 28 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
5¢c4on Cu��¢nt O�dlnanc¢ Pro ¢d Ordlnanc¢ Chan Ex IanaYlon of Chan
b arty li
� s ��mans loris dsngemus,comply wrtM1[M1e c[�on 6-30_ eHs sM1all be vacon®[ed m®ccoN®nce wrtM1 sed c wss[sKen Tmm[M1e
r ens. nr v n n0 r r r actio Gb H M1e
e thou!5is!iroPh"ly4rH n+e Cbiel oI Po4re or des free_ 'G,e
n!®)t
Page 29 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
Section Current Ordinance Pro ¢d O�dinanc¢ Chan Ex lanatlon oT CM1an
cnisltJs n
K-(Ju
.a.....ae rR.-Pm=o- �...P=o-�..mP�....ai_ ie�J
doh J �
dog(sJ_d
•iy J¢
¢iir6fJ re
(a)approved by the aiam®i se�nres m®ir®gec �¢c®��
[a)re
Page 30 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
s['�
¢��ag in
5(®)to
Page 31 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢ctlon Cu��¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ CM1an Ex IanaYlon of Chan
Page 32 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
SecYlon Cu��¢nt O�dlnanc¢ Pno ¢d Ordlnanc¢ CM1an Ex IanaYlon oP Chan
�')di roP
t`j d
Hf 6>•J�
c tys
Pr(tJe (aJ iP c(sy b
e�ty o¢ o«f)w
re;�JT ®NBJ
a re��T c�fl
e iocat�on wrcnm tne�c�b to `��nres Fee scneduia tec of 35o®s i sled in"tne aiam®i
Omer iocat�on wrcnm ma�b-e
c ty s ot�ry to eutK
palic¢a e
b �s cnapter��,mal pmsacut�on bmugnt against such person H�®g®ird d®irgeious dog ron®r®t®n rimes_ the d®irge
Page 33 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pno ¢d Ordlnanc¢ Chan Ex IanaYlon oP Chan
d:'q A nq'1)A
M1msPtPi.a% o42).0
e n(2JA ¢(3)H [ly a
u�nlma4o moved Tmm[M1eC ity ss regwrea byS¢ct�on 6-38_
=(3JA Y
city s
61 idm pxo __
ecydia
(aJ("i J.`(aJ(2J a d(sJ(SJ o e e e
b "ty
$J^ a @
otiry m an a nttome —same but spm i�fl¢a
Page 35 of 36
PROPOSED ANIMAL ORDINANCE
COMPARISON
S¢cYlon Curt¢nt Ordlnanc¢ Pro ¢d O�dlnanc¢ CM1an Ex IanaYlon oP Chan
(a)/
otlry.9
scKs upon M1umsn bungs or animals_ ��� �
®is($50p)P irrsh®b/e by®Sire trot to exreed 5ve huird
c 6 42 db s ne sn e m[rtle
M1e rty I nes oRM1e pre
Page 36 of 36
ORDINANCE NO. 2018-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES, CHAPTER 6, ANIMALS AND FOWL;
PROVIDING AMENDMENTS TO SAME; PROVIDING A
PENALTY, NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00); REPEALING CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City wishes to update the Grapevine Code of Ordinances, Chapter
6, Animals and Fowls; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
Ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 6, Animals and Fowl is hereby repealed in its entirety and
a shall be replaced to read as follows:
"ARTICLE I. IN GENERAL
Sec. 6-1. - Definitions.
When used in this chapter, the following words and terms, unless the context
indicates a different meaning, shall be interpreted as follows:
Abandon: Shall mean to dump, desert, or leave any animal on/in public or private
property with the intent of terminating any further responsibility for said animal; and
shall also mean failing to properly redeem any animal impounded or quarantined
by the City.
Adoption: The transfer of ownership from the City to a person or organization
deemed suitable for the care, custody, and control of an animal.
Animal: Any living, nonhuman creature, including but not limited to any stray or
feral cat or dog or wild living creature.
Animal Services Manager: The supervisor of Animal Services or their designee
and meets all the requirements of an Animal Services Officer.
Animal Services Officer: Enforcement officer for animal care and control within the
City and who meets all the requirements to be an animal control officer as defined
and described in the Health and Safety Code, Chapter 829.
Animal Services: The City operated division for impounding and caring for animals
held under the authority of this chapter.
At large: An owned animal not kept within an enclosure or fenced area or restrained
by a leash of sufficient strength and length to control the actions of said animal.
Cat: Animal of the feline species, both male and female.
Chief of Police: The Chief of Police shall be the chief administrative officer of the
Police Department. All aspects of management and operation of Animal Services
will be within and under the authority of the Chief of Police.
Circus: For the purposes of this chapter, a commercial variety show featuring
animal acts for public entertainment.
City: The City of Grapevine, Texas.
Commercial animal establishment: Any pet shop, animal auction, riding school or
stable, zoological park, circus, recurring animal exhibition or commercial kennel.
Commercial kennel: Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or selling dogs and
cats.
Dangerous dog: A dog that:
(1) Commits unprovoked acts, in a place other than an enclosure in which the
dog was being kept and which was reasonably certain to prevent the dog
from leaving on its own, and those acts cause a person to reasonably
believe that the dog will attack and cause bodily injury to that person; or
(2) Makes an unprovoked attack on a person, domestic animal, or livestock that
causes bodily injury and occurs in a place other 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
(3) Is suspected of being a dangerous dog, if the owner, keeper or harborer of
such dog fails or refuses to make such dog available for inspection by an
Animal Services Officer.
Provided, however, the term dangerous dog shall not mean a dog accused of any
behavior described in this definition that occurs as a result of a trespass upon the
property of the owner or harborer of the accused dog.
Ordinance No. 2018-001 2
Department: The Grapevine Police Department.
Dog: Animal of the canine species, both male and female.
Dog park: A public park for dogs to exercise and play off leash in a controlled
environment under the supervision of their owners or harborers. The term does
not include any areas located on private property.
Domestic animal: Includes all species of animals commonly and universally
accepted as being domesticated.
Estray: Any stray livestock.
Fee Schedule: A list of fees associated with the services provided by Animal
Services. This includes, but is not limited to, adoption fees, owner reclaim fees,
and quarantine fees.
Fowl: A bird of the order Galiformes, which can be used as food. This term
includes but is not limited to the common domesticated chicken, duck, geese,
turkey, quail, dove, and pheasant.
Harbor: The act of keeping and caring for an animal or of providing a premises to
which the animal returns for food, shelter or care for a period of at least three days.
Harborer: One who harbors an animal.
Known propensity: Any animal with a natural inclination, tendency or disposition.
Local Rabies Control Authority: 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 the Animal Services
Manager, the officer temporarily serving in that capacity shall assume the duties
and responsibilities of the local rabies control authority.
Livestock: Any farm animal regarded as an asset, including cattle, horses, mules,
asses, sheep, goats, llamas, alpacas, and exotic livestock as defined by
Agriculture Code Sec. 142.001, as amended, including elk and elk hybrids, and
hogs.
Microchip: A passive electronic device that is injected into an animal,
subcutaneously, by means of a hypodermic type syringe device. Each microchip
shall contain a unique and original number that is read by an electronic scanning
device for purposes of identification and recovery by the animal's owner or
harborer.
Municipal court or court: The Municipal Court of the City of Grapevine, Texas.
Ordinance No. 2018-001 3
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Owned: Having ownership or custody or control of or harboring or keeping an
animal.
Owner: Any person owning, keeping or having custody or control of, or who has
right of property in, an animal.
Pet animals: Any animal kept for pleasure rather than utility and shall include dogs,
cats, rabbits, rodents, birds, reptiles and any other species of animal which is sold
or retained as household pets, but shall not include skunks, nonhuman primates,
and any other species of wild, exotic or carnivorous animal that may be further
restricted in this chapter.
Pet shop: Any establishment owned and operated by a person, corporation or
association, whether operated separately or in connection with another business
enterprise, except for a commercial kennel, that buys, sells, boards or grooms any
species of animal.
Stray animal: Any unowned animal, for which there is no identifiable owner or
harborer, which is found to be at large within the incorporated limits of the City.
Unprovoked conduct: Means conduct that is not:
(1) In response to being tormented, abused, or assaulted by any other person
or animal; or
(2) In response to pain or injury; or
(3) In protection of itself, its food, kennel, immediate territory, or nursing
offspring.
Wild animal: Includes all species of animals which exist in a natural, unconfined
state and are usually undomesticated.
Zoological park: Any facility, other than a pet shop or kennel, displaying or exhibiting
one or more species of non-domesticated animals, operated by a person,
partnership, corporation or government agency.
Sec. 6-2. - Livestock and Fowl.
(a) It shall be unlawful for any person to keep or harbor any livestock within the
limits of the City in any pen, stable, shed or other enclosure at a distance of less than
50 feet from any residence, business, commercial establishment, office, school,
hospital or nursing home. This 50-foot requirement does not apply to the livestock
owner's residence, business, commercial establishment or office.
(b) It shall be unlawful for any person to keep or harbor any livestock within the
limits of the City, where there is less than 20,000 square feet for each cattle and
10,000 square feet for all other types of livestock.
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(c) It shall be unlawful for any person to allow livestock within 50 feet of any
dwelling used for human habitation other than the owner's dwelling.
(d) It shall be unlawful for any person to keep or harbor any fowl within the City in
any pen, shed, coop or enclosure, if any part of such enclosure or structure is within
50 feet of any residence, business or commercial establishment or office (other than
the owner's), school, hospital or nursing home.
(e) It shall be unlawful for any owner of any animal to maintain yards, pens,
kennels, stables, sheds, coops or other enclosures in which such animals are
confined in such a manner as to emit odors offensive to any person's ordinary
sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other
noxious insects or rodents, or in any manner to endanger the public health, safety or
welfare, or to create a public nuisance.
(f) Manure and droppings shall be removed from pens, kennels, stables, yards,
coops and other enclosures regularly and handled or disposed of in such a manner
as to keep the premises free of any nuisance.
(g) Mound storage of droppings of manure between such removals shall be
permitted, only under such conditions as to protect against the breeding of flies,
rodents and to prevent the migration of fly larvae (maggots) into the surrounding soil.
(h) The feeding of vegetables, meat scraps or garbage to livestock shall be done
only in impervious containers or on an impervious platform.
(i) Watering troughs or tanks shall be provided, which shall be equipped with
adequate facilities for draining the overflow so as to prevent the breeding of flies,
mosquitoes or other insects.
(j) No putrescible material shall be allowed to accumulate on the premises; all
such material used to feed, which is unconsumed, shall be removed and disposed of
by burial or other sanitary means.
(k) No changes in zoning or new construction on contiguous or adjacent property
shall cause any uses or structures existing prior to the change in zoning or new
construction to become illegal or nonconforming pursuant to section 6-2.
(I) Owners of livestock must report to Animal Services the location, size of land
plot, and numbers and type of livestock to be kept within the City. Owners of fowl
must report to Animal Services the type of fowl to be kept. An annual permit is
required to maintain livestock and/or fowl within the City. A fee will be collected
according to the Animal Services Fee Schedule and a permit may be issued. If there
is evidence of failure to comply with City livestock or fowl ordinances, the City
reserves the right to deny issuance or renewal of said permit upon request of
applicant and to assess a fine for violation.
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Sec. 6-3. - Creation of Disturbance by Animal.
It shall be unlawful for any person to knowingly harbor or keep on premises or
elsewhere any animal of any kind that makes or creates an unreasonable disturbance
of the peace, regardless of type or manner, of the neighbor(s) or occupant(s) of
adjacent premises or people living in the vicinity thereof or suffer or permit such
animal to make or create unusual noises by howling, barking, bawling or otherwise.
Sec. 6-4. - Wild Animals.
(a) It shall be unlawful to keep or harbor any wild animal within the City, except at
commercial animal establishments dealing in the sale or handling of such animals
and having proper zoning for such commercial establishments and having proper
facilities for the restraint and care of such animals.
(b) The Animal Services Manager or designee and the Chief of Police or designee
may establish conditions under which it would be permissible to keep or harbor wild
animals at locations other than those listed in section 6-4(a) for a period of time not
to exceed one month.
Sec. 6-5. - Animals at Large.
It shall be unlawful for the owner or harborer of any animal to permit the same to be
at large in the City or to trespass upon the premises, public or private, of any other
person. There shall be a presumption that any animal which is at large shall have
done so by the permission of its owner or harborer and shall be a punishable act.
Feral cats that have been sterilized and ear notched or otherwise permanently
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.
Sec. 6-6. - Impounding of Cats, Dogs.
(a) The Animal Services Officer or any police officer may cause to be captured and
impounded any animal, excluding livestock, at large and in violation of this chapter.
This section shall be enforced relative to cats, only upon receipt of a complaint.
(b) The owner of any animal impounded under the terms of this chapter shall have
the right to redeem same, unless otherwise provided, upon payment to the City for
each dog or cat. The owner shall pay fees associated with redemption of said animal
as set forth in the Animal Services Fee Schedule, including, but not limited to,
impound fees, boarding fees, and veterinary or drug fees incurred during
impoundment.
(c) All dogs and cats redeemed from the City, which are not already microchipped,
will be microchipped at the expense of the owner prior to being released from
Ordinance No. 2018-001 6
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impoundment. All dogs and cats redeemed from the City, which are not already
currently vaccinated for rabies, will be vaccinated for rabies at the expense of the
owner prior to being released from impoundment.
(d) All impounded animals shall be redeemed within 72 hours after their
impoundment. All animals impounded for more than 72 hours will become property
of the City and any prior ownership will be completely divested. Once the impounded
animal becomes property of the City, such animal may be made eligible for adoption
through Animal Services or other third party rescue organization or be humanely
destroyed at the sole discretion of Animal Services.
(e) Notwithstanding the above provisions, the disposition of an animal impounded
under Texas Health and Safety Code § 821.022 (Seizure of Cruelly Treated Animals)
shall be governed by Health and Safety Code § 821 .023 (Hearing; Order of
Disposition or Return of Animal).
Sec. 6-7. - Confinement During Estrus.
Any unspayed female dog or cat in the state of estrus (heat) shall be confined during
such period of time in a house, building or secure enclosure, and said area of
enclosure shall be so constructed that the animal may not escape the enclosure and
that no other dog or cat may gain access to the confined animal, except when the
owner desires access to the animal for breeding purposes. Owners or harborers who
do not comply with this section shall be ordered to remove the animal in estrus to a
commercial kennel or veterinary hospital. All expenses incurred as a result of this
confinement shall be paid by the owner or harborer. Failure to comply with the
removal order of the Animal Services Officer shall be a violation of this chapter and
the dog or cat may then be impounded as prescribed in this chapter.
Sec. 6-8. - Abandonment.
No person who has within their control, either temporarily or permanently, any animal
shall abandon such animal within the City.
Sec. 6-9. - Disposal of Dead Animals.
It shall be unlawful for any dead animal to be disposed of within the City by a means
other than properly depositing the animal at a landfill site or via a garbage collection
or disposal service, provided the animal is placed in a non-transparent bag or box.
The owner of a dead animal shall be responsible for disposing, or permitting a
veterinarian to dispose, such animal.
Sec. 6-10. - Enforcement; Penalty.
(a) The Animal Services Manager of the City is hereby designated as the person
responsible for the enforcement of all aspects of this chapter. The Animal Services
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a
Manager's duties shall include, but shall not be limited to, the enforcement of this
chapter and aiding the Texas Board of Health in the enforcement of area quarantine,
pursuant to V.T.C.A., Health and Safety Code § 826.001 et seq. (Rabies), as may be
amended.
(b) Any Animal Services Officer of the City shall have the authority to issue
citations for any violation of this chapter and any other power or duty stated within the
terms of this chapter. If the person being cited is not present, the Animal Services
Officer may send the citation to the alleged offender by registered or certified mail,
return receipt requested, by depositing same in the U.S. mail, postage prepaid.
(c) A person who violates any provision of this chapter commits an offense, and
upon conviction, shall be punished by fine not to exceed $500.00. An offense under
this chapter is a strict liability offense and the culpable mental state required by the
Texas Penal Code is hereby specifically negated and clearly dispensed with.
(d) It shall be unlawful for any person to interfere with any Animal Services Officer
in the performance of their duties.
(e) It shall be unlawful for any person to fail to comply with any lawful order of the
Animal Services Officer of the City, duly acting under the authority of this chapter.
(f) Any Animal Services Officer's or any peace officer's authority includes, but is
not limited to:
(1) Humanely destroying an animal which poses an imminent danger to a
person or property, or a real or apparent necessity exists for the destruction
of an animal; or
(2) Impounding any animal which is diseased or endangers the health of a
person or another animal; or
(3) Impounding any animal, found to be running at large or to be a stray within
the City; or
(4) Humanely destroying any animal which has been seriously injured, where
such animal is too large to be removed from the scene of injury to the animal
shelter; or
(5) Humanely destroying any impounded, dangerous, or vicious animal, unless
there is reason to believe that it has an owner, or unless otherwise provided
for in this chapter; or
(6) Pursuing animals running at large onto private property while enforcing the
provisions of this chapter and entering onto private property and commercial
animal establishments to enforce regulations covered in this chapter.
Ordinance No. 2018-001 8
Sec. 6-11. - False Statements.
(a) It shall be unlawful for any person to make false statement(s) in any application,
affidavit or other document required by this chapter or any regulation prescribed
herein.
(b) It shall be unlawful for any person to give false statement(s) in regard to the
identity of any animal, which is found in violation of any ordinance, or to the identity
of any owner of such animal as required by this chapter or any regulation prescribed
herein.
Sec. 6-12. - Livestock Riding or Driving on Public and Private Property.
(a) It shall be unlawful for any person to allow livestock to be driven or ridden upon
any public property; provided, however, horses may be ridden on the unimproved or
unpaved portion of the right-of-way. The City, however, shall maintain the exclusive
authority to enter into a contractual relationship with one or more entities or
companies to provide horse-drawn carriage service within certain defined locations
in the City and pursuant to the terms and conditions of said contract. The Chief of
Police, or designee, may authorize horses and/or other livestock to be ridden or
driven on the right-of-way under the authority of a parade permit and/or a special
event.
(b) It shall be unlawful for any person to allow livestock to be driven or ridden on
any private property, unless same be done on the property of the owner of the
livestock or by written permission of the owner of the property.
Sec. 6-13. - Animal Traps and Equipment.
(a) It shall be unlawful for any person to remove, alter, damage or otherwise
tamper with a trap or equipment placed by an Animal Services Officer or employee.
(b) A person may set humane traps used to capture dogs, cats, or other small
animals on personally owned property or with the written consent of the property
owner. Traps must be checked at least once 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, 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.
(c) Any person who sets a humane trap resulting in a trapped animal shall provide
shelter and humane care for the animal, including food, water, and protection from
environmental elements of heat, cold, and precipitation.
Ordinance No. 2018-001 9
(d) A resident may acquire a humane animal trap through Animal Services for a
fully refundable deposit as set forth in the Animal Services Fee Schedule. If the trap
is not returned within the allotted 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.
(e) Trapped animals will be serviced in accordance with the Animal Services Fee
Schedule.
(f) Animals subject to the statewide rabies quarantine (any live species 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
federal government agencies to deal with stray animals when such transport is part
of their official duty (TAC Rule 169.34).
(g) Non-City owned traps that require an Animal Services Officer 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. Traps will be held for three business days for reclamation.
(h) It shall be unlawful for any person to set a trap, or permit such a trap to remain,
that injures or kills an animal.
Sec. 6-14. - Animal Care and Safety.
(a) It shall be unlawful for any owner or harborer to fail to provide their animal(s)
with sufficient good and wholesome food or water, shelter, shade, veterinary care to
prevent and cure disease, infestation and injury, and with humane care and
treatment.
(b) It shall be unlawful for any owner or harborer to fail to provide their animal(s)
with constant and continuous access to adequate shelter. "Adequate shelter" shall
mean a shelter that is structurally sound, moisture proof, and windproof, that is large
enough to accommodate the animal, and to which the animal may seek refuge from
moisture, wind, and weather.
(c) It shall be unlawful for any person to beat, cruelly treat, torment, mentally
abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate or
permit any dog fight, cock fight, bull fight or other combat between animals or between
animals and humans.
(d) It shall be unlawful for any person to abandon an animal within their custody.
(e) It shall be unlawful for any person to give away any live animal as a prize for,
or as an inducement to, enter any contest, game or other competition or as an
Ordinance No. 2018-001 10
inducement to enter a place of business; the provisions of this subsection shall not
apply to auctions, raffles and games of chance in which consideration is made.
(f) It shall be unlawful for any person to sell, offer for sale, barter or give away any
dyed, colored or otherwise artificially treated baby chicks, ducklings or other fowl,
rabbits, hamsters or any other animal.
(g) It shall be unlawful for any person to leave an animal in an 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 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.
(h) 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 walking a dog with a hand-held leash.
It is an exception to this section that/if:
(1) The dog is being tethered during a lawful animal event, veterinary treatment,
grooming, training, or law enforcement activity; or
(2) The dog tethering is required to protect the safety or welfare of a person or
the dog, and the dog's owner maintains direct physical control of the dog;
or
(3) A dog restrained in compliance with the requirements of a camping or
recreational area as defined by a federal, state, or local authority or
jurisdiction; or
(4) 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
(5) The dog tethering:
a. Occurs while the dog is within the 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
Ordinance No. 2018-001 11
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 been issued for the jurisdiction
(6) The defenses under this section are only available if the following
specifications are met:
a. The chain, rope, tether, 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, as defined by this section, and
clean and wholesome water.
Sec. 6-15. - Duty to Report Injury or Death of Animals Hit by Vehicles.
Every person who strikes an animal with a vehicle and injures or kills such animal
shall notify Animal Services immediately after the occurrence, or as soon as
reasonably possible, and shall give the time and place of the injury or death, a
description of the animal and the name and address of the person making the report.
Sec. 6-16. - Urinating or Defecating on Sidewalks, Public Parks, Alleys and
Other Places Open to the Public or on Certain Private Property Prohibited.
It shall be unlawful for the owner or harborer of any animal to allow such animal to
urinate or defecate upon sidewalks, public parks (excluding any dog park as defined
by this chapter), alleys, other places open to the public, or on private property without
permission of the owner thereof. In the event that the owner or harborer of such
animal is unable to prevent the deposit of defecation in violation of this section, it shall
be the duty of such person to properly dispose of such waste material immediately or
as soon as reasonably possible.
Sec. 6-17. - Keeping of Diseased or Crippled Animals.
It shall be unlawful for any person to keep or harbor any animal which is inflicted with
any dangerous or communicable disease, or which is in a painfully crippled or
diseased condition, that to keep said animal alive would be considered inhumane. All
such animals shall be humanely destroyed by a licensed veterinarian or
given/surrendered to Animal Services to be humanely destroyed. This section shall
Ordinance No. 2018-001 12
not apply to veterinary hospitals or animals under active veterinarian care with due
regard for public health and safety.
Sec. 6-18. - Prisoners' Animals.
(a) Any person who is taken into custody by the Department or other law
enforcement agency and having in their possession an animal(s) shall be notified that
the animal(s) will be impounded and transferred to Animal Services. Under certain
conditions, and when time allows, arrestee's animal(s) may be released to an
authorized person, identified by the arrestee. The receiving person must approve to
take receipt of the animal(s) and must be capable of properly caring for the animal(s).
(b) During confinement of arrestee, the animal(s) will be cared for by Animal
Services. The animal(s) may be redeemed from impoundment within 24 hours from
the time of arrest of the owner, at no charge to the owner. If the animal(s) has not
been redeemed within the 24 hour period, the owner will be responsible for any
incurred boarding fees after the conclusion of the initial 24 hour impoundment. After
72 hours, the 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 any veterinary fees incurred regardless of the length of stay.
(c) No one shall be able to redeem an animal taken possession of pursuant to this
section, except the owner's duly authorized designee.
Sec. 6-19. - Animal Shelter Advisory Committee.
An 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 Services 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
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ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 6-20. - Numbers and Breeding; Permits.
(a) It shall be unlawful for any person(s) to keep or harbor more than four dogs or
cats, four months of age or older, or any combination of both, at any one time and
location (property used or zoned for residential purposes).
(b) Owners wishing to maintain more than the limit of dogs and cats, being 4
months of age or older, may make application with the Chief of Police or designee for
permission to keep or harbor more than four dogs or cats, or any combination of both.
The Chief of Police or designee may issue a permit for one year to the applicant,
upon the following information being furnished and the listed conditions being
satisfied:
(1) The maximum number of cats or dogs to be kept or housed;
(2) The reason or purpose for the keeping of animals;
(3) That the dogs and/or cats are to be maintained in such a manner as to
ensure each animal is treated humanely and receives proper care, shelter,
food, and water in accordance with this chapter and that any cages, pens,
or enclosed structures are appropriately sized for the animal, clean, and in
safe working order;
(4) That the dogs or cats are to be kept so as to not be a nuisance or detriment
to any adjoining or adjacent dwellings or businesses;
(5) The cages or pens are to be maintained in a sanitary condition so as not to
create any hazards or nuisances to the general health and welfare of the
community;
(6) That the applicant allow the Animal Services Manager or designee periodic
inspection of the animals and kept location at an agreed upon date and time
during the one year period. Unless otherwise needed, Animal Services will
conduct no more than 4 inspections annually;
(7) That the applicant has complied with all applicable provisions of this
chapter.
(c) It shall be unlawful for the owner or harborer of any animal to permit or cause
to be permitted the breeding of any such animal within the public view.
(d) Owners wishing to breed their dog and/or cat more than two times per calendar
year are required to acquire a permit.
(e) The Chief of Police or designee, upon being satisfied that the above information
has been furnished and the conditions satisfied, may collect the annual permit fee as
set forth in the Animal Services Fee Schedule and issue a permit for one year to the
applicant. This permit may be revoked at any time, upon any of the conditions and
requirements being violated or any part of this chapter as set forth herein. The
Ordinance No. 2018-001 14
permittee shall be allowed to renew the permit, upon submitting a renewal application
and the renewal fee to the Chief of Police or designee. The renewal application shall
contain the same information as is required for the initial application, and the renewal
permit shall be valid for one year and subject to the same conditions and
requirements.
Cross reference— Noisy animals prohibited, §§ 6-3, 12-7(4).
Sec. 6-21. - Registration.
Each dog or cat, age 4 months or older, kept, harbored, or maintained in the City
shall be registered annually. Failure of the owner, keeper, or harborer to comply
with the requirements of this section shall constitute an offense.
(a) At the time of application, the dog or cat owner shall:
(1) present a certificate from a licensed veterinarian verifying the 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 been microchipped
or provide authorization to Animal Services to implant a microchip.
(b) The registration shall be valid for a 12 month period from the date of issuance
and shall include the owner's name, address, and the dog's or cat's breed, color, and
sex.
(c) An owner submitting an application for a dog or cat registration is responsible
for the registration fee as set forth in the Animal Services Fee Schedule.
(d) Animal Services employee or designee shall issue a dog or cat registration to
the owner satisfying the provisions of this article.
(e) Registration tags/microchips will be issued in the following manner:
(1) At the time of registration, Animal Services 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 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 when the pet is accessible to the public.
Ordinance No. 2018-001 15
(f) Dogs boarded, kept, assigned, housed, or working within the City that are
currently a component of a law enforcement agency, military branch, or private
company are exempt from this chapter.
(g) Any owner that applies for an annual registration thirty-one (31) or more days
after the expiration date of the animal's previous registration will be subject to a late
fee.
Sec. 6-22. - Adoption of Dogs and Cats.
The City shall comply with all sterilization laws as set forth in Chapter 828 of the Texas
Health and Safety Code, as amended. A copy of the statute may be obtained from
Animal Services.
(a) A person may adopt a dog and/or cat from Animal Services that has been
spayed or neutered or will become spayed or neutered and classified as adoptable
for the adoption fee as set forth in the Animal Services Fee Schedule. If the animal
has not been spayed or neutered prior to adoption, 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 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.
(b) 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 the 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 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.
(c) The Animal Services Manager or designee shall be the sole judge as to
whether an animal is suitable to offer for adoption; however, a decision to offer a
particular animal for adoption shall not constitute any warranty, expressed or implied,
of the health, temperament, or age of the animal.
(d) The City and its agents, employees, and officers shall have no liability
associated with the adoption or impoundment of any animal.
Note— See the editor's note to §§ 6-23-6-26.
Ordinance No. 2018-001 16
Secs. 6-23 – 6-26. - Reserved.
Editor's note - Ord. No. 88-40, § 21 , adopted June 7, 1988, repealed § 6-21, which
pertained to exceptions and permits relative to number of dogs and cats allowed on
premises and derived from Ord. No. 71-29, Pt. I, adopted Oct. 5, 1971 ; and
repealed §§ 6-23-6-26, which pertained to regulations relative to required
registration of dogs and derived from Ord. No. 57-13, Arts. 1-1 , 1-2, 1-12, 1-14,
adopted Aug. 6, 1957 and Ord. No. 81-65, § 1 , adopted Oct. 6, 1981.
Secs. 6-27 – 6-29. - Reserved.
DIVISION 2. - RABIES CONTROLU
Footnotes:
--- (1) --- State Law reference— Rabies control by municipality, V.T.C.A., Health and
Safety Code § 826.001 et seq.
Sec. 6-30. - Vaccinations; Certificates, Tags.
(a) The owner or harborer (excluding animal shelters) of each dog or cat shall
have the animal vaccinated against rabies by 4 months of age. The animal must
receive a booster within the 12-month interval following the initial vaccination or as
state law dictates. Every dog or cat must be revaccinated against rabies at a minimum
of at least once every three years with a rabies vaccine licensed by the United States
Department of Agriculture. The vaccine must be administered according to label
recommendations. Livestock (especially those that have frequent contact with
humans) should be vaccinated against rabies. Nothing in this section prohibits a
veterinarian and owner or harborer from selecting a more frequent rabies vaccination
interval. Failure to have said animal vaccinated shall be an offense under this chapter
and shall subject the owner or harborer to a fine. The fine for the second violation of
failure to have an animal vaccinated shall be at least double the fine for the original
offense.
(b) All such dogs or cats shall be vaccinated in accordance with Chapter 826 of
the Texas Health and Safety Code.
(1) All dogs and cats, after initial vaccination, must receive a second booster
rabies vaccination within 12 months of receiving the initial vaccination,
regardless of:
a. Type of vaccination used; or
b. The age at which the animal was initially vaccinated.
(2) If the animal has received at least two vaccinations and the last vaccination
consisted of:
a. An annual rabies vaccine, the animal must receive a vaccination
within 12 months.
b. A triennial vaccine, the animal must receive a vaccination within 36
months.
Ordinance No. 2018-001 17
(3) If the animal has received at least two vaccinations prior to this amendment
and a triennial vaccine was used for the last vaccination, this amendment is
retroactive (i.e., the animal's next vaccination will be due within 36 months
from the date of its last vaccination).
Any person establishing residency within the City shall comply with this section
within 10 business days of establishing residency. If an unvaccinated dog or cat
inflicts a bite, scratch, or otherwise attacks any person within the City, a rabies
vaccine shall not be administered to the dog or cat until after a 240 hour quarantine
observation period, beginning with the date of a bite, scratch or attack.
(c) Upon vaccination, the veterinarian shall execute and furnish to the owner of
the dog or cat, as evidence thereof, a certificate of vaccination. The veterinarian shall
retain a duplicate copy of the certificate, and one copy shall be filed with the owner.
Such certificate shall contain the following information:
(1) The name, address and telephone number of the owner of the vaccinated
animal;
(2) The date of the vaccination;
(3) The type of rabies vaccine used;
(4) The year and number of the rabies tag; and
(5) The breed, age, color and sex of the vaccinated animal.
(d) Concurrently with the issuance and delivery of the certificate of vaccination,
the owner or harborer of the dog or cat shall cause to be attached to the collar or
harness of the vaccinated animal a metal tag, serially numbered to correspond with
the vaccination certificate number and bearing the year of 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 affixed to said animal when the pet is accessible to the public.
Sec. 6-31. - Quarantine; Reporting Bites and Scratches or Suspected Rabies.
(a) In the event a potential outbreak of rabies is suspected and the danger to the
public safety from rabid animals is reasonably imminent, the Animal Services
Manager is hereby authorized and it shall be their duty to issue a quarantine
proclamation, ordering persons owning, keeping or harboring any animal to confine it
as herein provided for such time as may be specified in such quarantine proclamation.
Upon the publication of such proclamation by the Animal Services Manager, any
person keeping or harboring any dog or cat or other animal shall follow the procedure
as described in section 6-36 regarding control and confinement, except that such
animal, under the control of an adult person and on a physical restraint, may be
unconfined only if the animal is effectively muzzled. All dogs, cats or other animals
found at large during the time specified under the quarantine proclamation by the
Animal Services Manager may be humanely destroyed by any law enforcement
officer or Animal Services Officer, if said officer is unable, with reasonable effort, to
capture such animal for impoundment.
Ordinance No. 2018-001 18
(b) It is the duty of any person who has knowledge that an animal bite or scratch
has occurred to report such fact, as soon as possible, but not later than 24 hours from
the time of the incident to Animal Services or the Department. The person reporting
the bite or scratch shall give the following information, if known: the name, age, sex
and precise location of the bitten or scratched person or persons and such other
information as may be required or needed (H.S.C. 826.041).
(c) Any veterinarian who clinically diagnoses rabies or any person who suspects
rabies in a dog, cat or other domestic or wild animal shall immediately report such
fact to Animal Services or the Department, stating precisely where such animal may
be found. If a known or suspected rabid animal bites or scratches a domestic animal,
such incident shall also be reported as required above.
(d) The owner of an animal that is reported to be rabid or to have exposed an
individual or other animal, or that the owner knows or suspects to be rabid or to have
exposed an individual or other animal, shall submit the animal for quarantine to
Animal Services or the Department.
(e) Any animal suspected or known to have rabies or any animal that has been
exposed to rabies, and any animal which has bitten or scratched a person will be
quarantined only at the Animal Services or at a veterinary clinic. The Animal Services
Manager or designee may allow home quarantine, provided the owner of the animal
strictly complies with the following:
(1) The animal must be inside an enclosed structure (i.e., house or garage) and
must remain there for 240 hours;
(2) The animal must be kept away from other animals and people, except those
people in the immediate household;
(3) The owner of the animal shall pay a home quarantine fee as set forth in the
Animal Services Fee Schedule;
(4) The animal may not be removed from the City while under quarantine; and
(5) The owner or person making the request for home quarantine must allow
the Animal Services Manager or designee the opportunity to inspect the
animal and location as needed for compliance with these standards.
(f) It shall be unlawful for any person to remove from any place of confinement
any dog or cat which has been quarantined, without the consent of the Animal
Services Manager.
(g) The Animal Services Manager shall order the quarantine and evaluation of
any animal suspected of having rabies. This evaluation shall be done by a licensed
veterinarian, whether the animal is quarantined at home, at a veterinary clinic or
Animal Services. If it is determined by a veterinarian that a quarantined animal shows
the clinical signs of rabies, the Animal Services Manager or designee shall humanely
destroy the animal. If an animal dies or is destroyed while in quarantine, the head or
brain of the animal shall be removed and submitted to the nearest Texas Department
of Health laboratory for testing.
Ordinance No. 2018-001 19
(h) If, after the quarantine period, the Animal Services Manager determines that
a quarantined animal does not show the clinical signs of rabies, the Animal Services
Manager shall release, or authorize the release of, the animal following the quarantine
period, if the animal has a current and valid rabies vaccination certificate or the animal
is vaccinated against rabies by a licensed veterinarian at the owner's expense. All
other requirements for release must be met before the animal can be released.
(i) The owner of the animal shall pay to the City the reasonable costs of the
quarantine and disposition of the animal, and the City may bring suit to collect the
costs. The Animal Services Manager will consider the animal abandoned if the owner
or harborer does not take possession of on or before the third day following the final
day of quarantine. The Animal Services Manager may choose a disposition
appropriate for the animal, including humane destruction.
Sec. 6-32. - Reserved.
Editor's note— Former § 6-32, which pertained to reporting of rabid dogs and
derived from Ord. No. 57-13, Art. 1-8, adopted Aug. 6, 1957, though not amended
by Ord. No. 88-40, adopted June 7, 1988, has been deleted at the discretion of the
editor, treated as superseded by the provisions of § 6-31 .
DIVISION 3. - DANGEROUS DOGS
Sec. 6-33. - Identification of Dangerous Dogs; Seizure.
(a) If a person reports a dangerous dog as defined by Section 6-1 to Animal
Services, an Animal Services Officer may investigate such dog and any alleged
incident. If, after receiving sworn statements of any witnesses or personally observing
the dog, the Animal Services Officer may determine that the dog is a dangerous dog.
Animal Services shall request a hearing for final determination before the Municipal
Court within 24 business hours, excluding holidays, of the dog being deemed
dangerous by an Animal Services Officer.
(b) If a dog is determined to be a dangerous dog under this section, Animal
Services shall provide written notification of such determination, sent by certified mail,
return receipt requested or by hand delivery, to the owner or harborer of such 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.
(c) Animal Services has the authority to impound a dog that has been determined
dangerous under this section until a hearing 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
Services, the Municipal Court may order Animal Services to seize the dog upon
issuance of a warrant authorizing the seizure.
Ordinance No. 2018-001 20
Sec. 6-34. — Hearing on Dangerous Dog Final Determination.
(a) The Municipal Court, on receiving a request for a hearing pursuant to Section
6-33, shall set a time for a hearing to determine whether the dog is a dangerous dog.
The hearing must be held not later than the 10th day after the date on which the dog
was seized or delivered.
(b) The Municipal Court shall give written notice of the time and place of the
hearing to the owner or harborer of the dog and to Animal Services.
(c) Any interested party, including the county or city attorney, is entitled to present
evidence at the hearing.
(d) The Municipal Court shall make a determination, based on the preponderance
of evidence presented, whether the dog is a dangerous dog as defined by this
Chapter.
(e) If the owner or harborer of the dog does not appear at the hearing, the
Municipal Court may proceed with evidentiary findings without the owner's or harbor's
presence.
(f) 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.
(g) If the Municipal Court determines that the dog is a dangerous dog, the Court
shall order the owner or harborer to meet the requirements to recover the dangerous
dog under Section 6-35(a).
(h) The Municipal Court shall give written notice of the Court's determination and
order to the owner or harborer of the dog.
(i) The owner or harborer may appeal the decision of the Municipal Court in the
manner described by Texas Health and Safety Code § 822.0424, as amended.
During the pendency of such appeal, Animal Services will retain custody of the
dangerous 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.
Sec. 6-35. - Requirements for Owner of Dangerous Dogs.
(a) After notice of a final determination under Section 6-34 that a dog is
dangerous, the owner or harborer of such dog may recover the dangerous dog from
Animal Services only if the owner or harborer provides the City with the following:
(1) The name, address and telephone number of persons owning, keeping or
harboring the dangerous dog;
(2) Payment of an annual fee for each dangerous dog being kept;
Ordinance No. 2018-001 21
(3) Proof that each dangerous dog, which is four months of age or over, has
been vaccinated against rabies by a licensed veterinarian and provide the
name, address and phone number of veterinarian;
(4) Three color identification photographs, at least three inches by three inches,
of each dangerous dog, with one photograph showing the frontal view and the
others showing side views of each dog;
(5) Name and general description of each dangerous dog, which general
description shall include name, sex, weight, color, breed, height and length,
along with any other discernible features;
(6) Proof of financial responsibility in an amount of at least $100,000 to cover
damages resulting from an attack by the dangerous dog causing bodily injury
to a person. The insurance requirements contained herein shall be maintained
at all times and shall not be cancelled by the owner or harborer, until the owner
or harborer shall cease to own or harbor the dangerous dog;
(7) Proof that signs required by subsection (d) have been posted;
(8) Authorization to Animal Services or veterinarian to implant a microchip
beneath the skin of the dangerous dog for positive identification of the dog.
Animal Services is authorized to charge the owner or harborer a fee, as
reflected in the fee schedule;
(9) The costs or fees assessed by Animal Services related to the seizure,
acceptance, care, or impoundment of the dog; and
(10) Compliance in wearing the dangerous dog collar and dangerous dog tag,
to be worn at all times, as provided by Animal Services.
(b) The owner of a dangerous dog may, prior to a final determination that the dog
is dangerous, comply with the provisions of this division.
(c) All dangerous dogs shall be vaccinated in accordance with section 6-30.
(d) Any person owning a dangerous dog within the City shall display signs of a
permanent nature stating "BEWARE OF DANGEROUS DOG." 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 of the
premises and on the dangerous dog's enclosure.
(e) It shall be unlawful to transport or otherwise relocate a dangerous dog to
another location for permanent domicile without first notifying the Chief of Police or
designee.
(f) 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.
Ordinance No. 2018-001 22
Sec. 6-36. - Control and Confinement.
(a) A dangerous dog shall at all times be restrained on a leash or kept in a secured
enclosure.
(b) For the purposes of this section, "Secured enclosure" means a fenced area or
structure that is:
(1) Locked with a key or combination lock;
(2) Capable of preventing the entry of the general 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.
(c) An owner or harborer of a dangerous dog shall not permit such dog to be
outside the secured enclosure unless the dog is muzzled and restrained by a chain
or leash, no longer than four (4) feet in length, and a capable person is in immediate
physical control of the leash. Such dog shall not be leashed to 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.
(d) An owner or harborer of a dangerous dog, regardless of whether the dog was
determined dangerous from Section 6-33 (a) or Section 6-34 (d), shall not permit such
dangerous dog to be within any of the confined play, recreation, training, or any areas
of a dog park as previously defined, regardless of whether such dog is restrained on
a leash or not.
(e) All enclosures erected to confine dangerous dogs must comply with all zoning
and construction regulations of the City.
(f) Animal Services shall periodically inspect the location and premises of all
dangerous dogs to ensure compliance with this chapter.
Sec. 6-37. - Confinement Indoors.
It shall be unlawful for any person to keep or harbor a dangerous dog on a porch,
patio or in any part of a house or building that would allow the dog to exit such
structure on its own volition. It shall be unlawful for any person to keep a dangerous
dog in a house or building when the windows are open or when screened windows,
screened doors, or other penetrable barriers are the only obstacles preventing the
dangerous dog from exiting the structure and running at large.
Ordinance No. 2018-001 23
Sec. 6-38. - Hearing on Violations; Disposition of a Dangerous Dog.
(a) Upon determination by an Animal Services Officer that an owner or harborer
has failed to keep a dangerous dog in compliance with this division or upon an
owner's or harborer's failure to provide the required information under Section 6-35(a)
to recover a dangerous dog after the Municipal Court's determination, Animal
Services shall request a hearing before the Municipal Court to determine the
disposition of the dangerous dog.
(b) Animal Services is authorized to impound any dangerous dog 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
dangerous dog to Animal Services, the Municipal Court may order Animal Services
to seize the dangerous dog after issuing a warrant authorizing the seizure.
(c) 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 later than the 10th day after the date on which the dangerous dog
is seized or delivered.
(d) The Municipal Court shall give written notice of the time and place of the
hearing to the owner or harborer of the dangerous dog and to Animal Services.
(e) Any interested party, including the county or city attorney, is entitled to present
evidence at the hearing.
(f) If the owner or harborer of the dangerous dog does not appear at the hearing,
the Municipal Court may proceed with evidentiary findings without the owner's or
harbor's presence.
(g) The Municipal Court shall make a determination, based on the preponderance
of evidence presented, whether the owner or harborer of the dangerous dog has
complied with all the requirements of this division.
(h) If the Municipal Court finds that the owner or harborer has complied with all of
the requirements of this division, the Municipal Court shall order Animal Services to
return the dangerous dog to the owner or harborer.
(i) 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:
The humane destruction of the dangerous dog on or after the 11th day after the
date of the order;
(1) 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
Ordinance No. 2018-001 24
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
(2) 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.
(j) The owner or harborer may appeal the decision of 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.
Sec. 6-39. — Registration and Reporting Requirements.
(a) The owner or harborer of a dangerous dog shall annually register the dog by
providing the following to Animal Services:
(1) Proof of:
(A) Liability insurance or financial responsibility, as required by Health and
Safety Code Section 822.042;
(B) Current rabies vaccination of the dangerous dog; and
(C) The secure enclosure in which the dangerous dog will be kept; and
(2) An annual registration fee of $50 as listed in the Animal Services Fee
Schedule.
(b) Upon providing the information required by this section, Animal Services shall
provide to the owner or harbor registering a dangerous dog a registration tag and a
dangerous dog collar, as approved by the Animal Services Manager. The owner must
place the dangerous dog collar and dangerous dog tag on the dangerous dog. The
dangerous dog must wear the dangerous dog tag and dangerous dog collar at all
times.
(c) 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 Animal Services Manager:
(1) The death or removal from the City of any dangerous dog in the owner's or
harborer's care;
(2) The birth of offspring of any dangerous dog in the owner's or harborer's
care;
(3) The fact of a move and specific addresses involved when an owner or
harborer of a dangerous dog moves from one location within the City to
another location within the City.
(d) Any person owning or harboring a dangerous dog within the City shall
immediately notify the Animal Services Manager or the Department of the escape
from confinement of the dangerous dog. Such notification shall not be used for any
Ordinance No. 2018-001 25
purpose by the City as an admission of the person providing the notification in any
prosecution brought against such person under this chapter.
(e) A person who fails to comply with this section is guilty of a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
Sec. 6-40. - Impoundment; Redemption.
(a) An Animal Services Officer is authorized to impound:
(1) Any dangerous dog not kept in compliance with this division;
(2) Any dog that is determined by the Animal Services Officer to be a
dangerous dog;
(3) Any dangerous dog not permanently removed from the City as required by
section 6-38.
(b) The owner of an animal impounded pursuant to this section, 6-40, shall pay an
impoundment fee, plus all other fees associated with or resultant from handling,
managing, caring, and bringing the animal into compliance with this chapter.
(c) Animal Services shall make a reasonable effort to notify the owner or
harborer of an animal that has been impounded. (Ord. No. 88-40, § 24, 6-7-88)
Sec. 6-41. - Dangerous Dogs from Other Municipalities.
(a) If a person moves a registered dangerous dog into the City, the owner or
harborer of such dangerous dog shall notify Animal Services within 14 days. After
presenting prior 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.
(b) An owner or harborer of a dangerous dog relocated to the City must comply
with the requirements of this division.
(c) A person who fails to comply with this section is guilty of a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
Section 3. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall
be deemed committed each day during or on which an offense occurs or continues.
Section 4. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Ordinance No. 2018-001 26
Section 5. If any section, subsection, sentence, clause or phrase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates
undesirable conditions for the preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 16th day of January, 2018.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
Ordinance No. 2018-001 27