ORDINANCE NO. 0-03B-12 AN ORDINANCE AMENDING CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES OF THE CITY OF CROCKETT, TEXAS ; PROHIBITING CRUELTY TO ANIMALS ; PROVIDING RESTRICTIONS ON ENCLOSURES IN WHICH ANIMALS ARE KEPT ; PROHIBITING ANIMALS BEING KEPT CLOSE TO RESIDENCES ; PROHIBITING THE KEEPING OF DISEASED ANIMALS ; PROHIBITING STAKING LIVESTOCK ; PROHIBITING INTERFERENCE WITH THE POLICE DEPARTMENT AND ANIMAL CONTROL OFFICER; PROVIDING DEFINITIONS ; PROHIBITING ANIMALS RUNNING AT LARGE AND DECLARING A NUISANCE ; PROVIDING FOR CONFINEMENT OF DOGS AND CATS DURING ESTRUS ; PROVIDING FOR REGULATION OF DOGS THAT ATTACK PERSONS OR ARE DANGEROUS TO PERSONS ; PROVIDING REGULATIONS FOR DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS ; PROVIDING REGULATIONS FOR DANGEROUS DOGS ; PROHIBITING THE KEEPING OF WILD ANIMALS ; PROVIDING RESTRICTIONS ON THE NUMBERS OF CATS AND DOGS WHICH MAY BE KEPT ; PROHIBITING LEAVING AN ANIMAL UNATTENDED IN A VEHICLE ; PROVIDING FOR RABIES CONTROL AND VACCINATION ; REQUIRING RABIES TAGS ; REQUESTING PROOF OF VACCINATION ; PROHIBITING HARBORING UNVACCINATED ANIMALS ; PROVIDING FOR ANIMALS EXPOSED TO RABIES ; PROVIDING FOR REPORTING BITES THAT ARE SUSCEPTIBLE TO RABIES ; PROVIDING FOR IMPOUNDMENT OF ANIMALS ; PROVIDING IMPOUNDMENT FEES ; PROVIDING FOR DISPOSITION OF IMPOUNDED ANIMALS ; PROVIDING FOR DISPOSITION OF INJURED AND DISEASED ANIMALS; PROVIDING FOR PET ADOPTIONS ; PROVIDING FINES AND PENALTIES ; PROVIDING A SEVERABILITY CLAUSE ; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE : THE COUNCIL OF THE CITY OF CROCKETT HEREBY ORDAINS : SECTION 1. Chapter 4, Animals and Fowl, of the Crockett Code is hereby repealed and the following is enacted : SECTION 2. Chapter 4 : Animals and Fowl. Section 4. 1. Definitions. ARTICLE I. IN GENERAL When used in this Chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows : "Animal control authority" means the Animal Control Officer or the Police Department. Cat : A domestic feline of either sex, including one neutered o r sterilized. " Dangerous dog" means a dog that:
(A) (B) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own ; or commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. "Dog" means a domesticated animal that is a member of the canine family, including one neutered or sterilized. Domestic animal : Shall include the following species : dog, cat, horse, cow, pig, sheep, and goat. It does not include hybrid individuals resulting from crossing wild with domestic species. Harboring : The act of keeping and caring for an animal or of providing a premise to which the animal returns for a period of three (3) days or more. Owner : A person who has a right of property in an animal or who harbors any animal or allows an animal to remain about his premises for a period of three (3) days or more. "Owner" means a person who owns or has custody or control of the animal. Pet animal : Shall include dogs, cats, rabbits, birds, reptiles, and any other species of animal which are sold or retained as a household pets but shall not include any species of wild, exotic, or carnivorous animal that may be further restricted in this chapter. Police Department and Animal Control Officer : Shall mean the reporting agents for the purposes of this article, whose duties consist of the following : (1) Receiving all reports of animal bites and scratches to humans. (2) Receiving all reports of suspected rabid animals. (3) Investigation of all reported animal bites and scratches and suspected rabid animals. (4) Ordering quarantine, if appropriate, of any animal which
has exposed an individual or which may be rabid. (5) Other duties as entailed by the text of this Chapter. Rabies vaccination: Shall mean the vaccination of a dog, cat or other domestic animal with an antirabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian licensed by the State of Texas. Running at large : Means an animal off the premises of the owner and not under the physical control of the owner or his authorized representative. An animal intruding upon the property of another person other than the owner shall be termed "running at large.~ An animal within an automobile or other vehicle of its owner shall not be deemed "running at large." "Secure" means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. "Secure enclosure" means a fenced area or structure that is: (A) locked; (8) capable of preventing the entry of the general public, including children;. (C) (D) (E) capable of preventing the escape or release of a dog; clearly marked as containing a dangerous dog ; and in conformance with the requirements for enclosures established by the animal control authority. "Serious bodily injury" means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization, without regard to whether the person actually sought medical treatment. Stray animal : Any animal for which there is not an identifiable owner or harborer. Wild animal : Refers to any mammal native to North America except the domestic species (dog, cat, horse, cow, pig, sheep, and goat). Section 4. 2. Cruelty to Animals.
(A) Cruelty to animals : It shall be unl awful for any person to commit or cause to be committed any act of cruelty, harassment, or torture to an animal, to cruelly beat an animal, to deprive an animal of necessary food, water, care or to otherwise treat any animal to a cruel or inhumane manner, or intentionally cause an animal to be mutilated or inhumanely killed. Ownership or the commiss i on of such acts of cruelty on private property shall not be a justifiable defense for violation of this section. (B) Poisoning : It shall be unlawful for any person to poison any domestic animal or place any toxic substance on public or private property in any manner whatsoever with the intent of poisoning any domestic animal. (C) Abandoning animal : It shall be unlawful for any person to willfully abandon any animal. (D) Display or sale of immature animal : It shall be unlawful for any person to possess, display, sell, barter, or give away any dyed or artificially colored baby chick, duckling, fowl, rabbit or other animal as pets, playthings, novelties or gifts. This section shall not be construed to prohibit their display by hatcheries, stores, dealers, or persons engaged in the business of selling such immature animals to be raised for food ; but no such hatcheries, stores, dealers or persons shall sell or give away any dyed or artificially colored baby chick, duckling, fowl, rabbit or other animal as pets, playthings, novelties or gifts. (E) Fighting animals : It shall be unlawful for any person to cause, instigate or encourage any dog or any other animal to fight with another of its own species or with another of a different species. It shall be unlawful for any person to train or keep any dog or other animal for the purpose of fighting. It shall be unlawful for any person to maintain a place where any dog or other animal is permitted to fight for exhibition or for wager or for sport. (F) The term necessary food, water, care, or shelter means food, water, care or shelter required to maintain the animal in a state of good health. Section 4. 3. Livestock Running at Large. It shall be unlawful to permit any horse, mule, goat, cattle, sheep, swine, geese, chicken or fowl to run at large within the boundaries of the city. Section 4. 4. Keeping of Swine. It shall be unlawful for any person to keep wi thin five
hundred (500) feet of any residence or business establishment or in any enclosure, pen or lot smaller than an acre of land, any swine. (A) It shall be un lawful for any person to keep or have in his custody, possession or control within the city more than two (2) swine. (B) The prohibition set forth in this section against keeping swine in an enclosure of less than one (1) acre shall not apply to operators of slaughter houses, packing plants, livestock sale or auction businesses or places of business holding swine for the purposes of sale or slaughter; however, it shall be unlawful for any such operator to have in his custody, control or possession any swine for a period in excess of forty- eight (48) hours. Section 4. 5. Di stance from dwellings of facilities used for keeping livestock and fowl. No enclosure, pen, stall or other facility used for keeping livestock or fowl shall be so located as to allow the l i vestock or fowl confined therein to corne within 150 feet of any dwelling. Section 4. 6. Horses. (A) No horse shall be kept in an enclosure, pen or lot smaller than one thousand two hundred fifty (1250) square feet. (B) No horse will be staked out at any time. (C) When a horse is being ridden upon city streets of Crockett, it is the rider ' s responsibility to immediately pick up the horse ' s dropped manure. (D) No horse will be ridden down the middle of the street unless the horse is participating in a parade. Horses must be ridden on the paved shoulder. If a shoulder is not provided, the horse must be ridden on the edge of the roadway. (E) No horse will be ridden upon the property of a business where food is sold. (F) No horse will be kept on private real property of an individual unless the horse owner obtains permission from the property owner. (G) All horses inside the City of Crockett, must have the proper and current vaccination for Rabies, West Nile Vi rus and Coggins. (H) All persons, when riding a horse, must have in their
possession a copy of the horse ' s recent vaccinations for Rabies, West Nile Virus and Coggins testing. (I) No horse will be ridden between the hours 30 minutes after sunset and sunrise inside the City of Crockett, unless the horse is being ridden in the Porth Ag - Arena during time of an event licensed by the City. (J) No horse will be ridden in the downtown business district unless participating in a parade. (K) While riding a horse, children under 13 years of age must be supervised and in the company of an adult. (L) No horse will be allowed on any part of the Davy Crockett Memorial Park or I. T. Williams Park. (M) All horses kept or ridden in the City shall be registered with the Animal Control Officer with the location and marking of the horse. A telephone number shall also be registered. Any horse whose owner cannot be located will be impounded. The horse owner will be responsible to the City for the expense of the livestock handler and boarding. Section 4. 7. Cattle. No head of cattle shall be kept in an enclosure, pen or lot smaller than one thousand two hundred fifty (1250) square feet. The shed for protection against the elements may be located on this plot. Each individual head of cattle that is kept on the same lot must be given an additional 1, 250 square feet. The lot will be enclosed with suitable fencing, as may be determined by the Animal Control Officer. Section 4. 8. Goats and Sheep. No goat or sheep shall be kept in an enclosure, pen or lot smaller than three hundred seventy five (375) square feet. Each individual goat or sheep kept at the same lot must be given an additional 375 square feet. The shed used for protection against the elements may be located on this plot. The lot will be enclosed with suitable fencing, as may be determined by the Animal Control Officer. Section 4. 9. Fowl. No fowl shall b e kept in an enclosure, pen o r lot small er than five (5) square feet. Each additional fowl kept at the same lot must be given an additional 5 square feet. The fowl house will be allowed to be a part of this area. Chicken wire shall be used as
the fence material for fowl. The fowl house must be of such construction as will allow for ease in cleaning and airing. The fowl pen must also have a chicken wire roof over it to prevent fowl from escaping. Section 4. 10. Diseased animal and fowl. It shall be unlawful for any person to possess or keep any animal or fowl infected with a disease which may contaminate other animals or fowl or which may constitute a health hazard. Section 4.11. Confinement of animal by owner of private premises ; notice to animal control department. If any animal is found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal temporarily until he can notify the Animal Control Officer. When notified, it shall be the duty of the officer at once to cause such animal to be impounded as provided in this chapter. Section 4. 12. Maintenance of pens and enclosures. (A) All pens and enclosures wherein livestock, chickens, turkeys, geese, guineas, dogs, cats or other animals are kept shall be maintained in such a manner as not to become unsanitary or offensive to persons residing in the vicinity thereof and so as not to breed flies or in any manner cause any injury to the health of any person residing in the vicinity of the pen or enclosure. (B) The determination that such a pen or enclosure is unsanitary or offensive to any person, that such pen or enclosure is being maintained or kept so as to breed flies ; or that such a pen or enclosure is maintained in any manner as to cause any injury to the health of the public residing in the vicinity of the pen or enclosure, shall be made by the Animal Control Officer. Such determination shall be prima facie evidence of violation of this section. Section 4. 13. Cats and Dogs. Restrictions on Keeping. (A) Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context clearly indicated a different meaning. (1) "At large" shall mean any cat or dog wh i ch i s off the premises of the owner and not under the control of the owner or a member of his immediate family, either by leash, chain, cord or other suitable material attached to a collar or harness.
(2) "Cat" shall mean both male and female of the cat (feline) species over six (6) months of age. (3) "Dog" shall mean both male and female of the dog (canine) species over six (6) months of age. (4) "Owner" shall mean any person who owns, keeps or harbors a cat or a dog. (B) Limit on cats. No person shall harbor on his or her premises more than five (5) cats at anyone time. (C) Limit on dogs. No person shall harbor on his or her premises more than three (3) dogs at anyone time. (D) No person shall permit a cat or dog to run at large within the city. Any cat or dog found running at large in violation of this subsection shall be taken up and impounded. (E) Impoundment fees shall be the same as those specified in Section 4.48. (F) Fines for cats and dogs running at large. The following is the schedule of fines for violation of the provisions of this section. The fines shall be mandatory for each offense, and each day of noncompliance shall constitute a separate offense. (1 ) Dog, cat or any animal at large, first offense.. $150. 00 (2 ) Dog, cat or any animal at large, second offense. $175. 00 (3) Dog, cat or any animal at l arge, third offense.. $200. 00 Section 4. 14. Leaving Animal Unattended in Vehicle. It shall be unlawful to leave any animal in any standing or parked vehicle in such a way as to endanger the animal ' s health or safety. Any police officer or Animal Control Officer is authorized to use reasonable force, including the breaking of a window, to remove an animal from the vehicle whenever the officer reasonably believes that the animal ' s health or safety is, or soon will be, endangered, and said animal shall be impounded. An officer who removes an animal in accordance with this subsection is not liable for any resulting property damage. Outside air temperatures above 75 degrees Fahrenheit shall serve as prima facie evidence for such endangerment. Section 4. 15. Staking and grazing. It shall be unlawful for any person to stake any livestock at
any time for the purpose of grazing. Section 4. 16. Interference with Police Department or Animal Control Offi cer, and Right of Entry. (A) It shall be unlawful for any person to interfere with, molest, hinder, or prevent the police or Animal Control Officer or their authorized representatives in the discharge of their duties as herein prescribed, or to violate any of the provisions of this article. (8) Any officer or designated agent of the City charged with the enforcement of the provisions of this Chapter is hereby authorized to enter upon any lot, tract or parcel of land for the purpose of seizing and i mpounding any animals or fowl found therein in violation of the provisions of this Chapter. Section 4. 17. Penalty for violation of Chapter. Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. Upon conviction thereof such person shall be fined a sum not exceeding Five Hundred Dollars ($500. 00). Each and every day of s u ch viol ation shall be a separate and complete offense. ARTICLE II. CONTROL OF ANIMALS Division 1. Generally Section 4. 18. Animal running at large. It shall be unlawful for any dog or cat owned, kept, or harbored to run at large, as is defined in section 4. 1 of this Chapter. The police or Animal Control Officer shall have the authority to enter onto privately owned property in pursuit of an animal at large. Section 4. 19. Nuisance declared. It shall be unlawful for any owner to harbor any dog, cat, or other pet animal which by any sound or cry or other activity shall disturb the peace, comfort, or property of the inhabitants of the neighborhood, and such disturbance is hereby declared to be a public nuisance and a violation of this article. Section 4.20. Confinement during estrus. Any un spayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and said area of encl osure shall be so
constructed that no other dog or cat running at large may gain access to the confined animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital or animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the removal order of the 'animal control officer shall be in violation of this section, and the dog or cat will then be impounded as prescribed in this Chapter. DIVISION 2. DOGS THAT ATTACK PERSONS OR ARE A DANGER TO PERSONS Section 4. 21. Application to Certain Real Property. A person' s real property includes property the person is entitled to possess or occupy under a lease or other agreement. Section 4. 22. Seizure of a Dog Causing Death of or Serious Bodily Injury to a Person. (A) The municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure : (1) on the sworn complaint of any person, including the city attorney or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and (2) on a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. (B) The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. Section 4. 23. Hearing. (A) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The hearing must be held not later than the 10 th day after the date on which the warrant is issued. (B) The court shall give written notice of the time and place of the hearing to:
(1) the owner of the dog or the person from whom the dog was seized; and (2) the person who made the complaint. (C) Any interested party, including the city attorney, is entitled to present evidence at the hearing. (0) The Court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to : (1) its owner ; (2) the person from whom the dog was seized; or (3) any other person authorized to take possession of the dog. (E) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to : (1) its owner ; (2) the person from whom the dog was seized; or (3) any other person authorized to take possession of the dog. (F) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and : (1) the dog was being used for the protection of a person or person' s property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and ; (A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog ; and (B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(2) the dog was not being used for the protection of a person or person' s property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and t he injured person was at least eight years of age and was trespassing in the enclosure when the attack, b i te, or mauling occurred; (3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes ; (4 ) the dog was defending a person from an assault person' s property from damage or theft by injured person ; or or a the (5) the injured person was younger than eight years of age, the attack, bite, or maul ing occurred in an enclosure in which t h e dog was bei ng kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering. Section 4. 24. Destruction of Dog. by: The destruction of a dog under this chapter must be performed (1) a licensed veterinarian ; (2) personnel of a recognized animal shelter or humane soci ety who are trained in the humane destruction of animals ; or (3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. DIVISION 3. Section 4. 25. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS Definitions. In this chapter : (1) " Dog or coyote" includes a crossbreed between a dog and a coyote. (2) "Livestock" includes exotic livestock as defined by Section 161. 001, Texas Agriculture Code. Section 4. 26. Dogs or Coyotes That Attack Animal s
(A) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowl may be killed by : (1) any person witnessing the attack; or (2) the attacked animal ' s owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack. (B) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote. (C) A person who discovers on the person' s property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowl may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote. (D) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowl shall control the dog or coyote in a manner approved by the animal control authority. DIVISION 4. DANGEROUS DOGS Section 4. 28. Requirements for Owner of Dangerous Dog (A) Not later than the 30 th day after a person learns that the person is the owner of a dangerous dog, the person shall : (1) register the dangerous dog with the animal control authority; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure ; and (3) obtain liability insurance coverage or show financial responsibility in an amount of at least $100, 000 to cover damages resulting from an attack by the dangerous dog causing bodily inj ury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority. (B) The owner of a dangerous dog who does not comply with
Subsection (A) shall deliver the dog to the animal control authority not later than the 30 th day after the owner learns that the dog is a dangerous dog. (C) If, on application of any person, the municipal court finds, after notice and hearing as provided by Section 4.31, that the owner of a dangerous dog has failed to comply with Subsection A of this Section or Section 4. 32, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. (D) The owner shall pay any cost or fee assessed by the City. related to the seizure, acceptance, impoundment, or destruction of the dog, as set forth in this Chapter. (E) The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection A or Section 4. 32 before the 11th day after the date on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with Subsection A and Section 4. 32 before the 11th day after the date on which the dog is seized or delivered to the authority. (F) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15 th day after the seizure and impoundment of a dog. (G) For purposes of this section, a person learns that the person is the owner of a dangerous dog when : (1) the owner knows of an attack described in Section 4. 1 ; (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog ; or (3) the owner is informed by the animal control authority that the dog is a dangerous dog. Section 4. 29. Determination that Dog is Dangerous. (A) If a person reports an incident described by Section 4. 1, t he animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.
(B) An owner, not later than the 15 th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, 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 the municipal court. Section 4.30. Reporting of Incident. (A) The city e l ects to be governed by Section 822. 0422 of the Texas Health and Safety Code. (B) A person may report an incident described by Section 4. 1 to the municipal court. The owner of a dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. (C) I f the owner fails to deliver the dog as required by Subsection (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. The owner shall pay the cost incurred in seizing the dog, as set forth in this Chapter. (0) The court shall determine, after notice and hearing as provided in Section 4. 31, whether the dog is a dangerous dog. (E) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders d i sposition of the dog under Section 4. 31 and the dog is returned to the owner or destroyed. (F) The owner shall pay all costs and fees assessed under this Chapter. Section 4.31. Hearing. (A) The court, on receiving a report of an incident under Section 4. 1 or on application under Section 4. 29, shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complie d with Section 4. 2 8. The hearing must be held not later than the 10 th day after the date on which the dog is seized or delivered.
(8) The court shall give written notice of the time and place of the hearing to : (1) the owner of the dog or the person from whom the dog was seized; and (2) the person who made the complaint. (C) Any interested party, including the city attorney, is entitled to present evidence at the hearing. (0) An owner or person filing the action may appeal the decision of the municipal court in the manner provided for the appeal of cases from the municipal court. Section 4. 32. Registration. (A) The animal control authority shall annually register a dangerous dog if the owner : (1) presents proof of : (A) liability insurance or financial responsibility, as required by Section 4. 28 ; (8) current rabies vaccination of the dangerous dog ; and (C) the secure enclosure in which the dangerous dog will be kept ; and (2) pays an annual registration fee of $50. (B) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog ' s collar. (C) If the owner of a registered dangerous dog sells the dog or moves the dog to a new address, the owner, not later than the 14 th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. On presentation by the current owner of the dangerous dog ' s prior registration tag and payment of a fee of $25, the animal control authority shall issue a new registration tag to be placed on the dangerous dog ' s collar. (0) An owner of a registe red danger ous dog shall n otify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
Section 4. 33. Attack by Dangerous Dog. (A) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog' s enclosure and causes bodily injury to the other person. (B) An offense under this section is punishable by fine not to exceed Five Hundred Dollars ($500. 00) Section 4. 34. Violations. (A) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 4. 28 or Section 4. 32. (B) An offense under this section is punishable by a fine not to exceed Five Hundred Dollars ($500. 00). Section 4. 35. Defense. (A) It is a defense to prosecution under this Division that the person is 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 dog in connection with that position. (B) It is a defense to prosecution under this Division 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 dogs for law enforcement or corrections purposes. (C) It is a defense to prosecution under this Division that the person is a dog trainer or an employee of a guard dog company under Chapter 17. 02, Texas Occupations Code. Section 4. 36. Animals prohibited. (A) Wild, exotic animal : It shall be unlawful for any person to import, offer for sale, keep, maintain, harbor or permit in the city any monkey, other nonhuman primate, skunk, raccoon, jaguar, leopard, lynx, tiger, lion, ocelot, bobcat, cheetah, mountain lion, wildcat, panther, bear, wolf, coyote, fox, other carnivorous animal or poisonous reptile. (B) Endangered species : It shall be unlawful for any person to import, offer for sale, keep, maintain, harbor, or permit in the ci ty an endangered species of animal as defined by the United
States Government. (C) Exceptions: This section shall not apply to : (1) A bona fide publicly or privately owned zoological park. (2) A bona fide research institution using animals for scientific research. (3) a circus duly authorized to do business in the city. DIVISION 2. RABIES CONTROL Section 4. 38. Vaccination required. (A) Vaccinations required. Ever owner of a dog or cat four (4) months of age or older shall have such animal vaccinated against rabies. Every horse owner shall have such animal vaccinated against rabies. Annual revaccination shall be required thereafter. Any person moving into the city from a location outside of the city shall comply with this provision within ten (10) days after having moved into the city. (B) Penalty for violation. Any person who shall violate any provision of the section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Section 4. 39. Rabies control authority. In the City of Crockett, the rabies control authority shall be Crockett Police Department or the Animal Control Officer. Section 4. 40. Certificate of vaccination. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information : (1) Owner ' s name, address, and telephone number. (2) Animal identification : Species, age, sex, size (in lbs.), predominant breed, and colors. (3) Vaccine used, producer, expiration date, and serial number.
(4) Date vaccinated. (5) Rabies tag number. (6) Veterinarian' s signature and license number. Section 4.41. Rabies tags. (A) Concurrent with the issuance and delivery of the certificate of vaccination referred to in Section 4. 40, the owner of the dog shall cause to be attached to the collar or harness of the vaccinated dog a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance and the name of the issuing veterinarian and his address. (B) In the event of loss or destruction of the original tag provided in subsection (A), the owner of the dog shall obtain a duplicate tag. Section 4. 42. Proof of vaccination. It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this article. Section 4. 43. Harboring unvaccinated animals. It shall be unlawful for any person to own or harbor any dog or cat which has not been vaccinated against rabies, as provided herein, or which cannot be identified as having a current vaccination certificate. Section 4.44. Animals exposed to rabies. Any person having knowledge of the existence of any animal known to have been or suspected of being exposed to rabies must immediately report such knowledge to the police department or Animal Control Officer, giving any information which may be required by it. For any animal known to have been, o r suspected of being exposed to rabies, the following rules apply: (A) Unvaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues must be humanely killed. (B) Vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal or its fresh tissues must be given a booster rabies vaccination and placed in strict
isolation for three (3) months. (C) These provisions apply only to animals for which an approved rabies vaccine is available. Section 4. 45. Reporting bites from animals susceptible to rabies ; related procedures. (A) Duty to report : Any person having knowledge that an animal has bitten a human shall immediately report the incident to the police department or Animal Control Officer. Every physician or other medical practitioner who treats a person or persons for such bites shall, within twelve (12) hours, report such treatment to the local health authority or his agent, giving name, age, sex, and precise location of the bitten person or persons and such other information as the police or Animal Control Officer may require. (8) Exclusions : Human bites from birds and reptiles are excluded from the reporting requi rement of this section. (C) Suspected rabies : 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 the incident to the police department or Animal Control Officer stating precisely where such animal may be found. If a known or suspect rabid animal bites or attacks a domestic animal, such incident shall also be reported as required above. (D) Confinement of dogs and cats : Any dog or cat which has bitten a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the police department. Confinement shall be by impoundment in any Crockett veterinary hospital of the owner ' s choice. Such confinement shall be at the expense of the owner. Stray dogs or cats whose owners cannot be located shall be confined to a local veterinary hospital. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall, on demand, produce said dog or cat for impoundment, prescribed in this section. Refusal to produce a dog or cat for impoundment consti tutes a violation of this section, and each day of such refusal shall constitute a separate and individual violation. (E) Removal of dogs and cats from confinement. It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without consent of the police or animal control officer. (F) Procedures for other animal bites : Procedures concerning bites from other animals shall be discussed with the Animal Control Officer, or the Texas Department of Health for proper disposition.
Any wild animal which has bitten a person must be caught and killed and the brain immediately submitted to a qualified laboratory for rabies examination. An exception to this rul e may be allowed for large, exotic, or valuable zoo species, which by reason of their close confinement would be unlikely rabies vectors. Birds and reptiles are not transmitters of the rabies and should not be submitted for laboratory examination for rabies. DIVISION 3. IMPOUNDMENT Section 4. 46. Any animal owned or harbored in violation of this Chapter or any other city ordinance or law of the State of Texas shall be taken into custody by a policeman or the Animal Control Officer and impounded. Stray animals shall be simi larly impounded. Section 4. 47. Any peace officer or Animal Control Officer may, and shall, take up and impound any animal found within the city l imits in violation of this Chapter. Section 4. 48. Impoundment fees. (A) The following shall be the fees charged : (1) For taking up and impounding per head - Thirty Dollars ($30. 00) ; (2) For taking care of animals per head per day, exclusive of the day of impoundment - Ten Dollars ($10. 00) ; and (3) The amount of charges made by any veterinarian, where required. (B) For the purpose of determining the fee in subparagraph (2) above, the date shall begin at 12 : 01 a. m. after the date of impoundment. The full fee of Ten Dollars ($10. 00) shall be charged for all or any portion of that day and any day thereafter. (C) No animal shall be released to the owner until all of the above impoundment fees have been paid. Section 4. 49. Sale of impounded animal ; notice of sale ; disposition of proceeds. The Animal Control Officer shall sell any animal impounded under t he provisions of this Chapter at public aucti on for c ash after having held the animal for at least five (5) days and after having published public notice of the item, terms and place of sale in a weekly or semi- weekly newspaper published in the city, which
notice shall appear one (1) time at least five (5) full days prior to the date of sale and shall describe the animal impounded and state that the animal will be sold to defray costs if it is not reclaimed and the costs paid before the date of sale. If not reclaimed by such day, the Animal Control Officer shall sell the animal at public auction between the hours at 10 : 00 a. m. and 4 : 00 p. m. on such day to the highest bidder ; and after deducting all expenses of the sale and of taking up and keeping of such animal shall return the balance of the proceeds, if any, to the owner of the animal. If the owner is unknown, the balance shall be paid into the city treasury. Any time within six (6) months after the sale, the owner may apply to the City Administrator, and upon satisfactory proof of his ownership, he shall be entitled to receive the amount paid into the treasury on account of such sale. Section 4. 50. Disposition of impounded animals. If any animal impounded under the provisions of this Chapter is found to be infected with rabies, or if the animal is seriously injured, or if the Animal Control Officer has determined it is not saleable, or if it cannot be sold as provided in the preceding section, it shall forthwith be destroyed in a humane manner. All decisions as to the condition or saleability of animals shall be made by the Animal Control Officer, after seeking competent advice if same be necessary, except that no horse, cattle, mule, sheep, or goat shall be destroyed under this section without approval of the City Administrator. Section 4.51. Removal of animals from animal shelter. It shall be unlawful for any person to remove any impounded animal from an animal shelter without the consent of the Animal Control Officer. Section 4. 52. Keeping of records. It shall be the duty of the police department and Animal Control Officer of the City of Crockett to maintain such records as deemed necessary to the enforcement of all provisions of this Chapter and have those records available for display to the City Council, or to the public at any time during regular business hours of the police department. Section 4. 53. Record of impoundment and sale. The animal control authority shall keep a record for at least three (3) years, giving the description of all ani mals i mp ounded, the date of sale, and the amount realized for such animal, and the name and address of the purchaser.
Section 4. 54. Injured animals. Animals injured on public property may be impounded and given adequate veterinary medical treatment pending notification of the owner. If the injured animal is treated or impounded, the owner of such animal shall be liable for all expenses of the treatment and impoundment ; however, disposition may be made according to Section 4. 50. Section 4. 55. Disposition of diseased animal. Any animal taken into custody by the animal control authority, except animals which have inflicted human bites during the preceding ten (10) days, that are visibly affected with any sign of communicable disease other than rabies which are being held at the impounding facility, may instead of being impounded, be humanely destroyed, provided that any animal exhibiting symptoms of rabies must be handled in a manner prescribed by this Chapter. Section 4.56. Adoptions. (A) An individual may adopt a dog or a cat from the city animal shelter under the following conditions: (1) The animal has been classified as adoptable by the Animal Control Officer; (2) The prospective adopter has proper facilities to care for the animal ; (3) The prospective adopter obtains the necessary vaccinations ; (4) The prospective adopter pays the applicable fee of Fifteen Dollars ($15.00) for a dog and Ten Dollars ($10. 00) for a cat ; and (5) The prospective adopter agrees to have the animal neutered if a male, or spayed if a female, within thirty (30) days after adoption. The Animal Control Officer shall allow additional time in the case of dogs or cats less than six (6) months of age. (B) The Animal Control Officer may refuse to allow a person to adopt a cat or dog when he has reason to believe the person adopting : (1) Would not have proper facilities to contain or care for the animal as required by this Code ; or
(2) Wants the dog or cat for the purpose of resale or for other than pet ownership ; or (3) That the cat or dog would be a hazard to humans or other animals. SECTION 3 : Severability. The provisions of this Ordinance are declared to be severable, and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 4: Repealing Clause. All Ordinances, or parts of Ordinances, inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5 : Effective Date. A descriptive caption of this Ordinance shall be published two (2) times in the Houston County Courier, the official newspaper of the City of Crockett, within fourteen (14) days after the date of passage thereof, and said Ordinance shall become effective April 15, 2012. PASSED AND ADOPTED this 20 day of March, 2012 at a regular meeting of the City Council of the City of Crockett, Texas. CI~TY OF CROCKETT BY ~ -W~~~N-E~M~A-S--K~, ~M~A~Y~O~R~~~=----------- ATTEST : 'hi~~ JJw MITZI HOMPSON, ~ETARY APPROVED: WILLIAM R. PEMBERTON, CITY ATTORNEY