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Animals and Fowl in CodeExhibit “A” Chapter 8- Animals and Fowl ARTICLE I. - IN GENERAL Sec. 8-1. - Enforcement Sec. 8-2. - Definitions. Sec. 8-3. - Running at large prohibited. Sec. 8-4. - Keeping of bees. Sec. 8-5. - Unreasonable noise prohibited. Sec. 8-6. - Certain animals restricted. Sec. 8-7. - Dead animals. Sec. 8-8. - Wild and exotic animals. Sec. 8-9. – Animals left in vehicles. Sec. 8-10. – Inteference. Sec. 8-11. - Penalty. Secs. 8-10—8-34. - Reserved. Sec. 8-1. -Enforcement. It shall be the duty of the animal control authority or any duly licensed peace officer to carry out all applicable provisions of this chapter and to pick up and impound all animals found to be in violation of this chapter. Any offense of this chapter will be considered a nonculpable offense, unless the article or section specifically sets out the necessary culpability for the offense. Sec. 8-2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any living creature other than man. Fowl means any bird, domestic or wild. Livestock means any grazing animal, including, but not limited to, cattle, horses, mules, asses, burros, sheep and goats. Owner means any person who: (1) Owns, keeps, harbors, controls, feeds, shelters or aids any animal; (2) Is the owner's agent left in charge of an animal; or (3) States he is responsible for an animal. Run at large means whenever an animal is not under actual physical restraint by means of a pen, fence or other structure or a leash, chain, rope or other lead. Subject to capture means any animal, except cats, observed running at large, or any animal reasonably believed to have bitten, clawed, or scratched some person. Wild animal means an animal of a species not customarily used as a domesticated pet, but one which would ordinarily be confined to a zoo, a circus, or which would ordinarily be found in the wilderness of this or any other county, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Sec. 8-3. - Running at large prohibited. (a) A person commits an offense if he allows or permits an animal owned by him, other than a cat, to run at large. (b) A culpable mental state is not required as an element of this offense. (c) It is an affirmative defense to prosecution if the animal was running at large due to the act of some person other than the owner of the animal or an occupant of the premises where such animal is possessed, or due to some factor not reasonably foreseeable by the owner or person having possession of said animal. (d) Animals, other than cats, running at large are subject to impoundment by an officer of the animal control department. It shall be the duty of every animal control officer to apprehend any dog found running at large and to impound such dog at the city animal shelter. Sec. 8-4. - Keeping of bees. (a) A person commits an offense if he establishes or maintains any hive, stand, or box where bees are kept. (b) It is a defense to prosecution if: (1) The bees are kept over 50 feet from any exterior boundary of the property on which the hive, stand or box is located; or (2) A solid fence or other barrier at least six feet high is installed and maintained along the exterior boundary of the property. (c) Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located and kept within a school or university building for the purpose of study or observation. Sec. 8-5. - Unreasonable noise prohibited. (a) A person commits an offense if he intentionally or knowingly owns or possesses an animal which causes unreasonable noise in a public place or in or near a private residence that the person has no right to occupy. (b) In any prosecution authorized by this section where proof is presented that the person was warned concerning the noise more than 24 hours preceding the offense by an officer of the animal control department or police department, such person shall be presumed to have intentionally and knowingly committed the offense. Sec. 8-6. - Certain animals restricted. A person commits an offense if he intentionally or knowingly keeps or maintains within the city limits: (1) One or more hogs, swine or pigs; (2) Livestock or fowl within 125 feet of a private residence that the person has no right to occupy. (A) It shall be the duty of the person owning, or having within his or her management or control, any chickens, turkeys, geese, or other domestic fowl, to keep same enclosed upon his or her own premises; and in such manner that same cannot go upon the public streets, highways, alleys or parkways of the city, or upon the private property of others. (B) It shall be unlawful for any person owning or having under his or her control or management any chickens, turkeys, geese, or other domestic fowl, to allow same to be at large within the city. (C) This section does not apply to chickens, turkeys, geese, or other domestic fowl that are owned or maintained within the city by a government entity for noncommercial purposes. Sec. 8-7. - Dead animals. (a) A person commits an offense if he intentionally or knowingly leaves the carcass of any animal that died in his possession on any street, alley or at any other place within the city limits. (b) In any prosecution authorized by this section, if the animal died while running at large, the animal shall be presumed to have died in the possession of its owner. Sec. 8-8. - Wild and exotic animals. (a) A person commits an offense if he intentionally or knowingly keeps or has in his possession or under his control, within the city, any wild animal. (b) A person commits an offense if he intentionally or knowingly keeps, maintains or has in his possession or under his control, within the city, any of the following animals: (1) All poisonous animals, including rear-fang snakes; (2) Apes (Pongidae); chimpanzees (Pan); gibbons (Hylobatidaes); gorillas (Gorilla); orangutans (Pongo); and siamangs (Hylobatidaes or Symphalangus); (3) Baboons (Papio; Mandrillus); (4) Bear s (Ursidae); (5) Bison (Bison); (6) Cheetahs (Acinonyx jubatus); (7) Crocodilians (Crocodylus), 30 inches in length or more; (8) Constrictor snakes, five feet in length or more; (9) Coyotes (Canis latrans); (10) Deer (Cervidae), including white-tailed deer, elk, antelope or moose; (11) Elephants (Elephantidae); (12) Gamecocks and other fighting birds; (13) Hippopotami (Hippopotamidae); (14) Hyenas (Hyaenidae); (15) Jaguars (Panthera [Felis] onca), leopards (Panthera [Felis] pardus), lions (Panthera [Felis] leo) or tigers (Panthera [Felis] tigris); (16) Lynxes (Lynx); (17) Monkeys, old world (Cercopithecidae); (18) Ostriches (Struthio) and emus (Dromiceius novae hollandiae); (19) Piranha fish (Characidae); (20) Pumas (Felis concolor), also known as cougars, mountain lions or panthers; (21) Rhinoceroses (Rhinocerotidae); (22) Sharks (class Chondrichthyes); (23) Wolves (Canis lupus); (24) Ocelots; (25) Bobcats; (26) Servals; (28) Jackals; or (29) Any hybrid of any animal listed. Sec. 8-9. -Animals left in vehicles. It shall be unlawful to leave an animal in the enclosed portion of a vehicle for any length of time when the outside temperature is above 75 degrees Fahrenheit and the animal is showing signs of distress. Sec. 8-10. - Interference. It shall be unlawful for any person to interfere with, hinder, or molest any animal control officer or police officer in the performance of any duty delegated under this chapter, or seek to release any animal taken and held in custody under provisions of this chapter. Additionally, it shall be unlawful to tamper with or release an animal from any trap or device set by the animal control authority or police officer. Sec. 8-11. - Penalty. Any person violating any of the provisions of this chapter that do not provide for a penalty shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation or any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $500.00. Secs. 8-12—8-34. - Reserved ARTICLE II. - RABIES PROTECTION Sec. 8-35. - Vaccinations. Sec. 8-36. - Report of rabies. Sec. 8-37. - Quarantine procedure. Sec. 8-38. - Pathological examination. Sec. 8-39. - Designation of local health authority. Secs. 8-40—8-66. - Reserved. Sec. 8-35. - Vaccinations. (a) Every dog, cat or domestic ferret over four months of age must wear a collar to which is affixed a metal rabies vaccination tag issued by a state licensed veterinarian. The tag must be numbered and bear the vaccination year and the name and address of the issuing veterinarian. (b) A person commits an offense if he intentionally or knowingly owns or possesses an animal that has not been immunized with an antirabies vaccine in the preceding 12 months. (c) In any prosecution authorized by this section where proof is presented that the animal was not wearing a tag indicating rabies immunization within the preceding 12 months, such animal shall be presumed not to have been immunized within the preceding 12 months with an antirabies vaccine. (d) It shall be a defense to any prosecution under this section if the person accused of the offense presents a certificate of vaccination issued by the person administering the antirabies vaccine on a date not more than 12 months prior to such date of the offense. (e) It shall be an affirmative defense to any prosecution under this section if: (1) The animal was less than four months old on the date of the offense; or (2) The animal is of a species not susceptible to rabies. State law reference— State vaccination requirements, V.T.C.A., Health and Safety Code § 826.021; municipalities may adopt more stringent requirements, V.T.C.A., Health and Safety Code § 826.015(a). Sec. 8-36. - Report of rabies. (a) It shall be the duty of every licensed veterinarian to report to the animal control department his diagnosis of any animal observed by him as a rabies suspect. (b) It shall be the duty of every physician to report to the animal control department the names and addresses of persons treated for bites or scratches inflicted by animals. Sec. 8-37. - Quarantine procedure. (a) Any animal reasonably believed to have bitten, clawed or scratched a person shall be quarantined for the subsequent ten days. The owner of such animal shall immediately notify the animal control department and fully cooperate with all reasonable precautionary procedures. (b) If the animal was not running at large when such person was bitten, clawed, or scratched, and if such animal had been rabies immunized within the preceding 12 months, then the owner shall quarantine the animal. Otherwise, quarantining shall be at one of the following places: (1) A licensed animal hospital at the expense of the owner, upon the owner's request; or (2) At the city animal shelter. (c) Upon the demand made by the animal control department, a person commits an offense if the person fails to surrender any animal which has bitten a human or another animal which is reasonably believed to have bitten, clawed or scratched a human, or which is suspected of having been exposed to rabies, for quarantine. (d) The quarantined animal may be reclaimed by the owner if adjudged free of rabies, upon payment of the fees set forth in section 8-67, and upon compliance with the vaccination provisions of this chapter. (e) A culpable mental state is not required as an element of an offense under this chapter. Sec. 8-38. - Pathological examination. When an animal under quarantine, diagnosed by a licensed veterinarian as being rabid or suspected of being rabid, dies while under observation, the animal control department shall immediately send the head of such animal to the nearest state department of health laboratory at the owner's expense. Sec. 8-39. - Designation of local health authority. The City Animal Control Officer of the city is hereby designated as the local health authority for purposes of the Texas Rabies Control and Eradication Act. Secs. 8-40—8-66. - Reserved. ARTICLE III. - IMPOUNDMENT Sec. 8-67. - Poundage and boarding fees. Sec. 8-68. - Redemption of impounded animal. Sec. 8-69. - Sale or destruction of impounded animals. Sec. 8-70. - Public records of impounding required. Secs. 8-71—8-85. - Reserved. Sec. 8-67. - Poundage and boarding fees. Fees, as established by ordinance from time to time, shall be charged as poundage and boarding for the impoundment of animals as herein provided. Sec. 8-68. - Redemption of impounded animal. (a) All animals bearing tags or other evidence indicating current vaccination shall be held by the city for four days after their capture and impoundment. All other animals shall be held for three days. After the respective periods of time indicated in this subsection, all such animals shall become subject to sale or destruction under the terms of this chapter. (b) The owner of any animal impounded under the provisions of this chapter may redeem such animal by paying the poundage and boarding fees, together with the cost of advertising, if any, and providing proof of current vaccination and license fee, if any. (c) The owner of any animal impounded and sold under the provisions of this chapter may redeem it by paying to the purchaser double the amount paid by the purchaser for such animal, plus his reasonable expenditures for keeping it; provided, however, that if the owner does not redeem the animal within 60 days of sale by the city, the animal becomes absolute property of the purchaser. (Code 1961, § 6.03.02; Ord. No. 80-29, 8-5-1980) Sec. 8-69. - Sale or destruction of impounded animals. (a) Any animal impounded under the provisions of this chapter not redeemed by the owner thereof, within the time required by this chapter, shall be and is hereby declared to be a public nuisance. After such period of redemption, the city reserves the right to sell or destroy all such animals. The animal control department may destroy any impounded animal that is unclaimed or unredeemed. (b) The city shall sell fowl impounded under this chapter at public auction for cash to the highest bidder, after giving ten days' notice of such sale, by posting such notice within the city at three public places, for the period of more than ten days prior to such sale. (c) A dog or cat eligible for sale may be purchased from the city for a fee, as established by ordinance from time to time. As a condition of sale, the prospective owner must have the animal vaccinated and licensed. Sec. 8-70. - Public records of impounding required. Immediately after impounding any animal hereunder, it shall be the duty of the animal control officer to enter upon the records of his office, in a book to be kept by him for such purposes, the date of impounding, a description of the animal impounded and a record of vaccination tags and/or other means of identification. Such records shall also reflect whether each impounded animal is thereafter redeemed, sold or destroyed. Secs. 8-71—8-85. - Reserved. ARTICLE IV. – DANGEROUS ANIMALS Sec. 8-86. - Definitions. Sec. 8-87. – Defense against attack. Sec. 8-88. - Exception. Sec. 8-89. – Unattended guard dog prohibited. Sec. 8-90.—Dangerous animal impoundment. Sec. 8-91. – Court proceedings against animal owner. Sec. 8-92. – Knowledge of ownership of dangerous animal. Sec. 8-93. – Investigation. Sec. 8-94. – Appeal Sec. 8-95. – Court findings; release of an animal under this section. Sec. 8-96. –Requirements for owner of a dangerous animal. Sec. 8-97. – Registration. Sec. 8-98. – Replacement of Registration Tag. Sec. 8-99. -Attacks by dangerous animals. Sec. 8-100. –Violations. Sec. 8-101. –Defense. Secs. 8-102—8-115. - Reserved. Sec. 8-86. -Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Any words, terms and phrases which are not specifically defined in this section shall have the meanings ascribed to them in definitions. Dangerous animal shall mean an animal that: (1) Makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept; such enclosure being reasonably secure and certain to prevent the animal from leaving the enclosure on its own; or (2) Commits unprovoked acts, in a vicious or terrorizing manner, or approaches any person or other animal in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated, such acts being committed in a place other than an enclosure in which the animal was being kept and such enclosure being reasonably secure and certain to prevent the animal from leaving the enclosure on its own, and those acts cause a person to believe that the animal will attack and cause bodily injury to that person. Secure enclosure shall mean a fenced area or structure that is: (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the release or escape of an animal; (4) Clearly marked as containing a dangerous animal by posting dangerous signs on all sides of the enclosure; (5) Is tall enough or covered so that the animal cannot climb out; and (6) Has a perimeter structure which prevents the animal from digging out or going under the side fence or wall. Unprovoked attack or act shall mean an attack or act by an animal which took place even though the person attacked did not do anything to cause or encourage the attack or act. Sec. 8-87. –Defense against attack. Upon attack by a dangerous animal, the animal control authority may defend himself or herself, a complainant or property at the officer's discretion, taking such means as necessary in that situation. Sec. 8-88. - Exception. Dogs maintained lawfully as guard dogs or attack dogs, as defined herein, shall not be included in the definition of "dangerous animal." As used in this section the term "guard dog or attack dog" means any dog intended to attack intruders that has completed such professional training and is so certified, or has been comparably trained, such that its attack can be stopped on command. Sec. 8-89. -Unattended guard dog prohibited. It shall be unlawful for any person to leave any guard dog unattended in any place inside any commercial property unless a warning sign has been placed in a clearly visible location at the premises. The warning sign shall be located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog or attack dog is present. It shall be unlawful for any person to leave any guard or attack dog unattended in a place outside a building except in a fenced yard, with a fence adequate to prevent the dog from leaving the premises. The warning sign shall be placed in a clearly visible location at the premises, located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog or attack dog is present. Sec. 8-90. -Dangerous animal impoundment. Any dangerous animal not in compliance herewith may be taken into custody by the animal control officer or licensed peace officer and impounded in the animal shelter for a period of not less than three days. When an animal is found to be in violation of this section and its ownership is known to the animal control officer or licensed peace officer investigating, such animal need not be impounded if no human injury has occurred but such authority may issue a complaint and summons to the owner to appear in municipal court to answer the charges of violation of this article. Sec. 8-91. -Court proceedings against animal owner. If a dangerous animal is impounded, the animal control authority may institute proceedings in the municipal court on behalf of the city, against the animal owner, if known. Nothing herein shall be construed as preventing the animal control authority, a licensed peace officer, or a complaining citizen from instituting a proceeding in the municipal court for violation of this section when there has been no impoundment. Sec. 8-92. -Knowledge of ownership of dangerous animal. A person learns that he or she is the owner of a dangerous animal when the owner knows of an attack described in the definition of dangerous animal, or the owner is informed by the animal control authority that the animal is a dangerous animal. Sec. 8-93. -Investigation. If a person reports an incident described in the definition of a dangerous animal the animal control authority may investigate the incident. If after receiving the sworn statement of any witness, the animal control authority determines the animal is a dangerous animal, it shall notify the owner of that fact. Sec. 8-94. -Appeal. An owner, not later than the 15th day after the date the owner is notified that an animal owned by the owner is a dangerous animal may appeal the determination of the animal control authority to the municipal court. An owner may appeal the decision of the municipal court in the same manner as appeal for other cases from municipal court. Sec. 8-95. -Court findings; release of an animal under this section. (a) If a complaint has been filed in the municipal court against the owner of an animal impounded for violation of this article, whether filed by a complaining citizen or by the animal control authority or a licensed peace officer, the animal shall not be released from impoundment or disposed of except on the order of the municipal judge, who may also direct the owner to pay all impoundment fees, boarding fees, and treatment charges in addition to any penalties for violation of this section. (b) The municipal judge may, upon making a finding that such animal is fierce or vicious, pursuant hereto, order the animal to be destroyed in a humane manner under the supervision of the animal control authority. (c) Surrender of an animal by the owner thereof to the animal control authority shall not relieve or render the owner immune from the decision of the court or from fees and fines which may result from a violation of this article. Sec. 8-96. -Requirements for owner of a dangerous animal. Not later than the 30th day after a person learns that the person is the owner of a dangerous animal, the person shall: (1) Registration. Register the dangerous animal with the animal control authority for the area in which the animal is kept; (2) Restraint. Restrain the dangerous animal at all times on a leash in the immediate control of the person or in a secure enclosure; (3) Collar and tag. Place a collar on the dangerous animal marked with a dangerous tag issued annually by the animal control authority when the animal is registered; and (4) Liability insurance. Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damage resulting from an attack by the dangerous animal causing bodily injury to a person. Sec. 8-97. Registration. (a) The animal control authority shall annually register a dangerous animal if the owner: (1) presents proof of: (a) Liability insurance or financial responsibility as required by the above requirements for owner of a dangerous animal. (b) Current rabies vaccination of the dangerous animal; (c) The secure enclosure in which the dangerous animal will be kept; and (d) A color photograph of the animal; and (2)   pays an annual registration fee of $50. (b) The animal control authority shall provide the owner registering a dangerous animal a registration tag. The animal must wear the registration tag at all times. (c) If the owner of a dangerous animal sells the animal or moves to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority. (d) An owner of a dangerous animal shall notify the animal control authority, where the dangerous animal is located, of any attacks the dangerous animal makes on people or other animals. Sec. 8-98. -Replacement of Registration tag (a) The animal control authority must be notified within 5 days in the event that the registration tag is lost or destroyed. (b) The animal control authority will replace the lost or damaged tag for a fee of $10. Sec. 8-99. -Attacks by dangerous animals. (a) A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on another person or animal outside the animal's enclosure and causes bodily injury to the other person or animal. (b) If a person is found guilty of an offense under this section, the court may order the dangerous animal destroyed in a humane manner by the local animal control authority, animal shelter, or a licensed veterinarian. (c) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty as provided by state law. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the county or municipality. Sec. 8-100. -Violations. A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with Registration. Sec. 8-101. -Defense. It is a defense to prosecution under Attacks by Dangerous animals or Violations that the person charged is: (1) A veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal connected with that position. (2) It is a defense to the prosecution under Attacks by Dangerous animals or Violations that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or corrections purposes. (3) It is a defense to prosecution under Attacks by Dangerous animals or Violations that the person is employed by a recognized animal shelter, or a person is employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal in connection with that position. (4) It is a defense to prosecution under Attacks by Dangerous animals or Violations that the person is an animal trainer or an employee of a guard dog company under the Private Security Act, V.T.C.A., Occupations Code ch. 1702. Secs. 8-102—8-115. - Reserved.