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ANIMAL CONTROL ORDINANCE #1848
INDEX
ARTICLE 1.PREAMBLE--------------------------page 2
ARTICLE 2. DEFINITIONS----------------------page 2
ARTICLE 3.ANIMAL IMPOUNDMENT----------------page 7
ARTICLE 4.KENNELS---------------------------page 12
ARTICLE 5.ESTRAY----------------------------page 15
ARTICLE 6.LICENSING-------------------------page 19
ARTICLE 7.ANIMAL BITES----------------------page 23
ARTICLE 8.GENERAL---------------------------page 25
ARTICLE 9.ANIMAL CARE-----------------------page 26
ARTICLE 10.BOARD/RIDING STABLES-------------page 28
ARTICLE 11.DANGEROUS DOG--------------------page 31
ARTICLE 12.WILD/EXOTIC/DANGEROUS ANIMALS----page 41
ARTICLE 13.PENALTIES/SEVERANCE/REPEALER-----page 44
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ORDINANCE NO. 1848
Be it ordained by the City Council of the City of North Richland
Hills, Texas, that:
ARTICLE 1. PREAMBLE
The animal control regulations as herein established have been made
for the purpose of promoting the health, safety, morals and general
welfare of the City of North Richland Hills. The Ordinance
contains standards regulating the use, type, location, maintenance,
registration, confinement, destruction and harboring of certain
animals. The intent of the regulations, prohibitions, and
provisions is to protect values within the City of North Richland
Hills, to enhance the quality of life of persons, pets, and other
animals and to protect the general public from damage and injury
which may be caused by unregulated animals.
ARTICLE 2. DEFINITIONS
When used in this ordinance the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
(A) ANIMAL CONTROL OFFICER: Person designated by the City
of North Richland Hills as the primary enforcement
officers of ordinances regulating animals and
owners of animals and for the enforcement of
Sections of the Texas Statues pertaining to the
care and control of animals.
(B) ANIMAL CARE AND CONTROL CENTER: Facility designated
and/or operated by the City of North Richland Hills
for the purpose of impounding and caring for
animals held under authority of this Ordinance.
(C) BOARDING/RIDING STABLE: Any facility for boarding,
livery, training or riding school or any facility
which maintains horses or ponies, mules, donkeys,
or burros whether gratuitously or for a fee.
(D) DANGEROUS ANIMAL: Any warm blooded mammal which is known
to carry or be susceptible to the rabies virus and
which cannot be effectively vaccinated against that
virus with any vaccine approved by the Texas
Department of Health. A dangerous animal includes
any hybrid animal or any pet wildlife which has
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attacked a human, killed or maimed a domestic
animal or a permitted restricted animal as referred
to in Article 12 of this Ordinance, or which is
apprehended or observed unrestrained. However,
this definition shall not apply to Dangerous Dogs
as addressed in Article 11 of this Ordinance.
(E) DOMESTIC ANIMAL: Any animal whose physiology has been
determined or manipulated through selective
breeding and does not occur naturally in the wild
and any animal which can be vaccinated against
rabies with an approved rabies vaccine, and any
animal which has an established rabies quarantine
observation period.
(F) ESTRAY: Means any stray horse, stallion, mare, gelding,
filly, colt, mule, jenny, jack, jennet, hog, sheep,
goat, confined and domesticated hares and rabbits,
or any species of cattle.
(G) EXOTIC SPECIES: Any animal born or whose natural habitat
is outside the continental United States excluding
non-venomous reptiles and fish.
(H)
EXOTIC LIVESTOCK/RATITES:
exotic livestock
Health Commission.
Any
by
species
the
classified as
Texas Animal
(I) HARBORING: The act of keeping and caring for an animal
or of providing a premise to which the animal
returns for food, shelter, or care for a period of
ten (10) days or longer.
(J) NON-REGISTERABLE DANGEROUS DOG: Any dog which:
(1) When unprovoked, severely attacked or
inflicted serious injury or death to a person,
whether on public or private property; or,
(2) Has been deemed non-registerable by the Animal
Control Division and upheld or unchallenged in
the court of jurisdiction.
(K) OWNER: Any person who has right of property in an
animal including a harborer.
(L) PET ANIMAL: Shall include dogs, cats, rabbits, rodents,
birds, non-poisonous reptiles, and other species of
animal which is sold or retained as a household pet
but shall not include skunks, ferrets, non-human
primates, and any other species of wild, exotic, or
carnivorous animal that is susceptible, but not an
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animal that may be vaccinated for rabies, and that
may be further restricted in this ordinance.
(M) POULTRY: All domesticated foul and all games birds which
are legally kept in captivity except those
classified as exotic livestock/ratite as defined
above.
(N) PROPER ENCLOSURE: Means a house or a building, or in the
case of a fence or structure/pen, the fence or
structure/pen must be at least six ( 6) feet in
height. the Structure/pen must also have minimum
dimensions of five (5) feet by ten (10) feet. The
fence or structure/pen must form an enclosure
suitable to prevent entry of young children, and
must be locked and secured such that an animal
cannot climb, dig, jump, or otherwise escape of its
own volition. The enclosure shall be securely
locked at all times. The structure/pen shall have
secure sides to prevent the dangerous animal or
registered dangerous dog from escaping from the
enclosure. The structure/pen shall provide
protection from the elements for the animal. The
Animal Control Division may require a fence higher
than six (6) feet or require a secure top and/or a
secure bottom to the structure/pen if the need is
demonstrated.
(0) QUARANTINE BY OWNER:
(1) Animal must be inside an enclosed structure, i.e.,
house or garage and must remain there for 10 days.
(2) If maintained outside, animal must be behind a
fence from which it cannot escape and on a chain
from which is cannot break loose or inside a
covered pen or kennel from which it cannot escape.
(3) Animal must be kept away from other animals and
people excepting those in the immediate household.
( 4 )
Animal may
Limits of
quarantine.
not be
North
removed
Richland
from Corporate
Hills while
City
under
(5) Owner shall notify Animal Control Division
immediately if animal becomes sick or displays any
behavioral changes.
(6) Owner shall not subject the animal to any medical
procedure, without first notifying the Animal
Control Division, this to include any vaccination.
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(P) RABIES VACCINATION: The vaccination of a dog, cat or
other domestic animal with an anti-rabies
vaccine approved by the Texas Department
of Health and administered by a
veterinarian licensed by the State of
Texas.
(Q) REGISTERED DANGEROUS DOG: Any dog registered with the
City of North Richland Hills in compliance with
Chapter 822, Texas Health and Safety Code,
Subchapter D, and with the section of this
ordinance addressing registered dangerous dogs.
(R) RUNNING AT LARGE:
( 1 )
Off premises:
by means of
apparatus of
control the
premises.
Any animal which is not restrained
a leash, chain, or other physical
sufficient strength and length to
actions of such animal while off
(2) On Premises:
(a) Any animal not confined to premises of owner
by a substantial fence of sufficient strength
and height to prevent the animal from escaping
therefrom, or secured on the premises by a
chain or leash sufficient in strength to
prevent the animal from escaping from premises
and so arranged that the animal will remain
upon the premises when the leash is stretched
to full length.
(b) An animal intruding upon the property of
another person other than the owner's shall
be termed "at large."
(c) Any animal within a vehicle in a manner that
would not prevent that animal's escape or
contact with other persons or animals.
(S) SERIOUS INJURY: Is defined as bodily injury caused by an
animal which produces severe pain, trauma, loss of blood
or tissue, and which requires medical treatment of wounds
inflicted by the animal, and shall include bodily injury
resulting from victim, whether human or animal,
attempting to escape or prevent contact with injuring
animal(s).
(T) SEVERE ATTACK: Is defined as one in which the animal
repeatedly bites or vigorously shakes its victim,
and the victim, or a person intervening, has
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extreme difficulty terminating the attack.
(U) SEVERE BITE: Is defined as a puncture or laceration made
by an animal's teeth which breaks the skin,
resulting in a degree of trauma which would cause
most prudent and reasonable people to seek medical
care for treatment to the wound, without
considerations of rabies prevention alone.
(V) STRAY ANIMAL: (Including Estray) Any animal, for which
there is no identifiable owner or harborer, which
is found to be at large within the corporate limits
of the City of North Richland Hills.
(W) THEATRICAL EXHIBITION: Any exhibition or act featuring
"performing animals." Such exhibitions shall not
include resident or non-resident dog an cat shows
which are sponsored and/or sanctioned by Animal
Control Division, the American Kennel Club, the
United States Kennel Club, the Cat Fanciers
Association, American Cat Fanciers Association, the
International Cat Fanciers Association or any
affiliate thereof nor shall it include any primary
horse show.
(X) UNPROVOKED: with respect to an attack by an animal shall
mean that the animal was not hit, kicked, or struck
by a person with an object or part of a person's
body nor was any part of the animal's body pulled,
pinched, or squeezed by a person.
(Y) VETERINARIAN: Any practitioner of veterinary medicine
licensed by the State of Texas to practice such in
Texas.
(Z) WILDLIFE: Any animal which occurs naturally in a wild
state. This includes any animal which is part
wildlife.
SECTION 1.
SECTION 2.
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ARTICLE 3. ANIMAL IMPOUNDMENT
IMPOUNDMENT: Animals owned or harbored in
violation of this ordinance or law of the State of
Texas shall be taken into custody by an animal
control officer or other designated official and
impounded under the provisions of this ordinance.
DISPOSITION OF IMPOUNDED ANIMALS:
(A) DOGS AND CATS WITH NO IDENTIFICATION: All
dogs and cats impounded by the Animal Control
Division or brought to the Animal Care and
Control Center by a person other than the
harborer or owner of that animal shall be held
for a minimum of ninety-six (96) hours during
which time period the owner may present proof
of ownership at the Center and after paying
all applicable fees, that owner may reclaim
the dog/cat. In the event that the dog/cat is
not claimed after ninety-six (96) hours in the
Center, that dog/cat shall become the property
of the City of North Richland Hills.
(B) DOGS AND CATS WITH IDENTIFICATION: All dogs
and cats impounded by the Animal Control
Division or brought to the Animal Care and
Control Center by a person other than the
harborer or owner of that animal that are
wearing traceable identification or where an
owner is known shall be held in the Center for
a minimum of seven (7) complete days from the
time the animal enters the facility, during
which time the Animal Control Division shall
notify the owner, when known, of the
impoundment. Unless the owner has notified
the Animal Control Division in writing of
his/her intentions to claim the dog/cat after
that date, listing a date by which time that
owner will reclaim the dog/cat and satisfy all
applicable fees and this arrangement has been
approved by the Animal Control Supervisor, the
animal shall become the property of the City
of North Richland Hills on the eighth (8th)
day.
(C) ANIMALS SURRENDERED BY THE OWNER/HARBORER:
All animals surrendered by the owner/harborer
to the Animal Control Division shall become
the property of the City of North Richland
Hills immediately upon completion of the
SECTION 3.
SECTION 4.
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Owner/Harborer Surrender form.
(D) ANIMALS OTHER THAN DOGS, CATS OR ESTRAYS
IMPOUNDED: All animals other than dogs,
cats, estrays or animals holding current
restricted animal permits in North Richland
Hills impounded by the Animal Control Division
or brought to the Center by a person other
than the owner/harborer shall become the
property of the City of North Richland Hills
unless such ownership is prohibited by state
or federal law.
(E) DISPOSITION OF ANIMALS: Final disposition of
all unclaimed animals shall rest with the
Animal Control Division. The Animal Control
Division shall retain sole authority to
determine the final disposition of each animal
in its custody, once that animal becomes the
property of the City of North Richland Hills,
and shall not place any animal for adoption
that is classified in this Ordinance as
prohibited. Animals shall be euthanized by an
injection of sodium pentobarbital or
substances approved for euthanasia by the
American Veterinary Medical Association and/or
the Texas Veterinary Medical Association to be
administered by a certified animal control
officer. All animals listed as endangered or
protected shall be transferred to the proper
authority at the earliest possible date.
ANIMALS HELD ON COMPLAINT: If a complaint has been
filed in Municipal Court for the City of North
Richland Hills against the owner of an impounded
animal for a violation of this ordinance the animal
shall not be released except on the order of the
Animal Control Division which may also direct the
owner to pay any penalties for violation of this
ordinance in addition to all impoundment fees.
Surrender of an animal by the owner thereof to the
Animal Control Division does not relieve or render
the owner immune from the decision of the court,
nor from the fees and fines which may result from a
violation of this ordinance.
REMOVAL OF ANIMALS 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 the consent of the
impounding agency.
SECTION 5.
SECTION 6.
SECTION 7.
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ANIMALS AT LARGE: It shall be unlawful for any
person owning or harboring an animal to permit such
animal to run at large.
Any officer or citizen of the City of North
Richland Hills is hereby authorized to take up and
deliver to the Animal Care and Control Center any
animal mentioned in this Ordinance that may be
found "at large" in the corporate limits of the
City, subject to the applicable provisions of the
law. Failure to notify and/or turn over to the
Animal Control Division any such animal within
forty-eight hours may subject the person taking up
the animal to civil and/or criminal action.
The animal control officer or his agent and peace
officers are authorized to impound any animal
mentioned in this ordinance which is in violation
of the ordinance. In the event the animal is on
private property or property of the animal's owner
the animal control officer, his/her agent, or peace
officer may enter the property, other than a
private dwelling for the purpose of impoundment or
issuance of a citation, or both, subj ect to the
applicable provisions of the law.
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 no other dog
or cat may gain access to the confined animals.
Owners who do not comply shall be ordered to remove
the animal in heat to a veterinary hospital, or the
Animal Care and Control Center. All expenses
incurred as a result of this confinement shall be
paid by the owner. Failure to comply with the
removal order of the Animal Control Division shall
be a violation of this ordinance and the dog or cat
will then be impounded as prescribed in this
ordinance.
FEES: The following fees are established beginning
with the effective date of this ordinance.
(A)
Impoundment of Altered
First Impoundment
Second Impoundment
Third Impoundment
Animal
$10.00
$50.00
$100.00
(B) Impoundment of Un-Altered Animal
First Impoundment $25.00
SECTION 8.
10
Second Impoundment
Third Impoundment
$50.00
$100.00
$6.00
$10.00
(C) Boarding Fee/Night
(D) Quarantine Fee/Night
(E) Licensed Animals (first time handled)
will be eligible for 50% reduction in fees.
When an un-altered animal has been impounded, a
fifteen dollar ($15.00) rebate will be given to the
owner if proof that the animal has been altered is
presented within thirty (30) days of the initial
impoundment.
ADOPTION OF ANIMAL:
(A) All animals which are adopted from the Animal
Care and Control Center shall be surgically
altered to prevent reproduction in that
animal. The person adopting the animal shall
sign an agreement stating that he/she will
have said animal surgically altered and the
date by which the surgery must be preformed,
if the animal has not been altered before it
leaves the Animal Care and Control Center.
(B) It shall be the responsibility of the person
adopting to provide proof of altering to the
Animal Control Division.
(C) Failure to comply with this section or failure
to comply with the terms of either of the
above agreements shall give the Animal Control
Division the right to recover the adopted
animal in question and revoke the owner's
adoption contract. Such failure shall also
constitute a violation of this ordinance.
(D) The adoption fee shall be set to render
neutral the cost of surgically altering,
medicating and preparing said animal for
adoption.
(E) A person adopting a dog or cat three months
old or older shall have that animal vaccinated
for rabies with an approved killed tissue
vaccine by a veterinarian licensed within the
State of Texas within forty-eight (48) hours
of adoption.
SECTION 9.
SECTION 10.
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SURRENDER OF ANIMALS
(A) Small Animals: For small animals such as dogs
or cats, the fee shall be $10.00 per animal.
In the event a litter (under 90 days of age)
is surrendered the charge shall be the same as
a single animal, with or without the mother.
The same charge shall apply to dead animals
which are picked up by the animal control
officer at the request of the owner.
(B) Large Animals: For large animals such as
horses, cows, goats, and pigs,
the charge shall be $50.00 per
animal.
(C) Owners of animals who reside outside the city
limits who bring their animals to the shelter,
the above charges shall be doubled.
PAYMENT OF FEES:
It shall be a violation of this Article to fail to
pay all fees due in accordance with this Ordinance.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
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ARTICLE 4. KENNELS
KENNEL DEFINED: A kennel is defined as an
establishment designed or used for the boarding,
selling or breeding of animals where more than
three (3) dogs and two (2) cats or three (3) cats
and two (2) dogs are to be boarded, sold or bred.
A kennel shall not be allowed until a kennel permit
has been issued by the Animal Control Division.
The Animal Control Division shall determine, after
inspection, whether or not such permit shall be
issued. No permit shall be issued for a kennel to
operate within one thousand (1000) feet of any
residence. No permit shall be issued without the
written approval of the Building Official advising
compliance with all other applicable ordinances.
Grooming parlors where no animals are to be kept
overnight and veterinary clinics shall not be
considered kennels.
PERMITS: Permits shall be valid for one (1) year
from date of issuance. The permit fee shall be one
hundred dollars ($100.00).
REVOCATION OR SUSPENSION OF PERMIT: Any kennel
permitted under this ordinance found to be in
violation of any zoning law, health law, or any
other applicable law of the City of North Richland
Hills or of the State of Texas, or that is
maintained in such a manner as to be detrimental to
the health, safety or peace of mind of persons
residing in the immediate vicinity, may have its
kennel permit suspended or revoked without prior
notice by the Animal Control Division.
MULTIPLE PET OWNERSHIP: No person shall keep or
harbor more than three (3) dogs and two (2) cats or
three (3) cats and two (2) dogs. puppies and
kittens under three (3) months of age shall not be
counted for purposes of this section.
Any person, firm, or corporation wishing to keep
more than the above mentioned number of animals and
who does not possess a kennel permit, may apply for
a multiple pet permit at the Animal Care and
Control Center. The permit, once issued, shall be
defense to the terms of this Section. The Multi-
Pet permit shall be issued provided the applicant
meets all provisions of this Section and of this
Ordinance. The fee shall be $10.00 and shall be
valid for one year from the date of issuance.
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Upon inspection of the premises by the Animal
Control Division, the permit shall be issued if the
following conditions are met:
(A) The facility must be adequate for the number
and type of animals to be kept.
(1) Facilities shall be of sufficient size as
to allow animal to move about freely.
This shall apply to each animal kept.
Size of the facility shall be in
proportion to the size of the individual
animal's height and weight.
(2) Adequate food and water must be provided
so that each and all animals kept shall
be maintained in good health and free of
malnutrition and/or dehydration.
(3) The said premises shall be kept in a
sanitary condition and reasonably free of
animal waste, parasites, insects and
flies that could be harmful to the
animal's health and/or to the health of
the general public.
(B) The animals and the facility must be kept
free of odor or stench which is offensive to a
person of ordinary sensibilities; and
(C) The animals must be maintained in a manner
which does not pose a danger to the health of
the animals themselves or adjacent animals;
and
(D) The animals must not cause noise which is
offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent,
or neighboring premises; and
(E) The applicant or holder of the permit has not
been issued citations for violation of this
ordinance on two (2) separate occasions, or
animals covered by or to be covered by the
permi t have not been impounded on two ( 2 )
separate occasions.
(F) All animals must be licensed and vaccinated
and must wear current tags at all times in
accordance with Article 6.
The Multi-Pet Permit may be revoked by the Animal
14
Control Division if upon investigation, it is
determined that the permit holder has failed to
adhere to any of the above conditions listed in
this Section. Once the permit has been revoked,
the person whose permit has been revoked may not
reapply for a period of one (1) year from day of
revocation
SECTION 1.
SECTION 2.
SECTION 3.
15
ARTICLE 5. ESTRAY
UNATTENDED ESTRAY: It shall be unlawful for any
person, firm or corporation to allow an estray(s)
to be unattended upon any public street, alley,
thoroughfare or upon the property of another in the
corporate city limits of North Richland Hills.
The person, firm or corporation having ownership or
right to immediate control of such estray(s) shall
have the burden to keep such estray (s) off the
public streets, alleys, and thoroughfares or the
property of another in the City.
Any person, firm, or corporation violating any
portion of this section shall be deemed guilty of a
misdemeanor and shall be fined not less than ten
dollars ($10.00) or more than two hundred dollars
($200.00).
IMPOUNDMENT: It shall be the duty of the Animal
Control Division in absence of action by the County
Sheriff's office, to take up any and all estray
that may be found in and upon any street, alley, or
upon any unenclosed lot in the City of North
Richland Hills, or otherwise to be found at large,
and to confine such estray for safe keeping. Upon
impounding an estray, the Animal Control Division
shall prepare a "Notice of Estray" and file such
notice in the "Estray Book" located in the Animal
Care and Control Center. Each entry shall include
the following:
(A) The name and address of the person who
notified the Animal Control Division of the
estray; and
(B) The date, time and location of the estray when
found; and
(C) The location of the estray until disposition;
and
(D)
A description of the animal
breed, color, sex, age, size,
any kind, and other
characteristics.
including it I S
all markings of
identifying
ADVERTISEMENT OF IMPOUNDED ESTRAY: When an estray
has been impounded, the Animal Control Division
SECTION 4.
16
shall make a diligent search of the register of
recorded brands in the County for the owner of the
estray. If the search does not reveal the owner,
the Animal Control Division shall advertise the
impoundment of the estray in a newspaper of general
circulation in the County at least twice during the
next fifteen (15) days following impoundment and
post a notice of the impoundment of the estray on
the public notice board of City Hall.
RECOVERY BY OWNER: The owner of an estray may
recover possession of the animal at any time before
the animal is sold under the terms of this Article
if:
(A) The owner has provided the Animal Control
Division with an "Affidavit of Ownership" of
the estray containing at least the following
information:
(1) The name and address of the owner; and
(2) The date the owner discovered that the
animal was an estray; and
(3) The property from which the animal
strayed; and
(4) A description of the animal including its
breed color, sex, size, all markings of
any kind, and any other identifying
characteristics.
(B) The Animal Control Division has approved
affidavit; and
(C) The affidavit had been filed in the "Estray
Book;" and
(D) The owner has paid all estray handling fees to
those entitled to receive them; and
(E) The owner has executed an "Affidavit of
Receipt" containing at least the following
information:
(1) The name and address of the person
receiving the estray; and
(2) Date of receipt of estray; and
SECTION 5.
SECTION 6.
17
(3) Method of claim to estray
purchaser at sale); and
(owner,
(4) If purchased at sale, the amount of gross
purchase price; and
(5) Amount of estray handling fees paid; and
(6) The net proceeds of the sale.
(F) The Animal Control Division has filed the
"Affidavit of Receipt" in the "Estray Book."
FEES: For each and every estray taken and
impounded there shall be paid to the City of North
Richland Hills by the owner thereof or his agents
the sum of fifty dollars ($50.00) for the taking
and impounding of the estray and the further sum of
ten dollars ($10.00) per night, except for the
first day, for each and every subsequent day that
the animal shall remain in the custody of the
Animal Control Division. Such fee being charged
for the caring and feeding of such animal(s). The
owner shall also pay for any veterinarian or drug
fees incurred for the animal(s) while in the
custody of the Animal Control Division.
SALE OF ESTRAY: If the ownership of an estray is
not determined within fourteen (14) days following
the final advertisement required by this Article,
title to the estray rests with the City and the
Animal Control Division shall then cause the estray
to be sold at a public auction.
Title to the estray shall be deemed vested in the
Animal Control Division for purposes of passing a
good title, free and clear of all claims to the
purchaser at the sale.
The disposition of the proceeds derived from the
sale of an estray at public auction will be as
follows:
(A) Pay all handling fees to those entitled to
receive them;
(B) Execute a report of sale of impounded stock;
(C) The net proceeds remaining from the sale of
the estray after the handling fees have been
paid shall be delivered by the Animal Control
Division to the City Treasurer. Such net
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
18
proceeds
original
herein.
shall be
owner of
subj ect to claim by the
the estray as provided
(D) If the bids are too low, the Animal Control
Division shall have the right to refuse all
bids and arrange for another public auction or
sealed bidding procedure.
RECOVERY BY OWNER OF SALE PROCEEDS: Within twelve
(12) months after the sale of an estray under the
provisions of this Article the original owner of
the estray may recover the net proceeds of the sale
that were delivered to the City Treasurer if:
(A) The owner has provided the Animal Control
Division with an affidavit of ownership; and
(B) The Animal Control Division has approved the
affidavit; and
(C) The approved affidavit has been filed in the
Estray Book.
After the expiration of twelve (12) months from the
sale of an estray as provided by this Article, the
sale proceeds shall escheat to the City.
USE OF ESTRAY: During the period of time an estray
is held by one who impounded the estray, the estray
may not be used by any person for any purpose.
DEATH OR ESCAPE OF ESTRAY: If the estray dies or
escapes while held by the person who impounded it,
the person shall report the death or escape to the
Animal Control Division. The report shall be filed
in the Estray Book.
BREEDING OF ANIMALS: It shall be unlawful for the
owner or harborer of any animal listed in this
Article to knowingly permit or cause to be
permitted the breeding of any such animal within
the public view.
ENCLOSURES: It shall be unlawful for any person to
keep any horse, cow, cattle, sheep, or goat within
one-hundred (100) feet of another resident or
occupied building, or any hog within five-hundred
(500) feet of another residence or occupied
building.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
19
ARTICLE 6. LICENSING
VACCINATION: Every owner of a dog or cat three (3)
months of age or older shall have such animal
vaccinated against rabies. All such dogs or cats
shall be re-vaccinated at one (1) year intervals
thereafter. Any person establishing residence
within the City of North Richland Hills shall
comply with this ordinance within the (10) days of
establishing such residency. If an unvaccinated
dog or cat inflicts a bite, scratch, or otherwise
attacks any person within the City limits a rabies
vaccine shall not be administered to the dog or cat
until that animal is released from quarantine.
CERTIFICATE OF VACCINATION: 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:
(A) The name, address and telephone number of the
owner of the vaccinated dog or cat; and
(B) The date of vaccination; and
(C) The type of rabies vaccine used; and
(D) The year and number of the rabies tag; and
(E) The breed, age, color, and sex of the
vaccinated dog or cat.
RABIES TAG: Concurrent with the issuance and
delivery of the certificate of vaccination, the
owner 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.
LICENSE REQUIRED: All dogs and cats three (3)
months of age or older which are kept, harbored, or
maintained within the corporate limits of the City
shall be licensed. Cat and dog licenses shall be
provided by the Animal Control Division or their
agent upon payment of the required fee for each cat
or dog. Before a City License will be issued, the
owner of the cat or dog must present a certificate
SECTION 5.
SECTION 6.
SECTION 7.
20
from a licensed veterinarian showing that said cat
or dog has been vaccinated for rabies within the
preceding twelve (12) months. The owner shall
state his name and address, and the breed, color,
and sex of the cat or dog to be licensed. Said
license shall be valid for one year from date of
issuance.
FEES: The following yearly license fees shall be
in effect with the passage of this Ordinance:
(A) Un-altered Animal:
$10.00
$ 4.00
(B) Altered Animal:
(C)
Altered Animal whose legal owner
is sixty-five (65) years of age or
older
Dogs which are professionally
and specifically trained to
assist disabled owner
Duplicate Replacement Tag
Late Animal License Fee
No Fee
$ 1. 00
$20.00
No Fee
(D)
(E)
(F)
TAG AND COLLAR: Upon payment of the license fee,
where applicable, the City shall issue to the
owner a license certificate and metal tag having
stamped upon it the year for which it is issued
and the number corresponding with the number of the
certificate. Such tag shall at all times be
securely attached to a collar or harness around
the neck of the animal. In case a tag is lost, a
duplicate will be issued by the Animal Control
Division or his agent upon presentation of the
receipt showing the payment of license fee for the
calendar year. Tags shall not be transferable from
one animal to another, and no refunds shall be
made.
GUARD DOGS: All dogs which are professionally
trained and kept solely for the protection of
persons and property, residential, commercial or
personal, shall obtain a permit from the Animal
Control Division. The area or premises in which
such dog is confined shall be conspicuously posted
with warning signs bearing letters not less than
two (2) inches high, stating "GUARD DOG ON
PREMISES."
Said area of premises shall be subject to
inspection by the Animal Control Division to
determine that the animal in question is maintained
SECTION 8.
21
and secured at all times in such a manner so as to
prevent its coming in contact with the public.
The dog shall be issued a tag by the Animal Control
Division, varying in color from the license tag and
the fee shall be $10.00. The Guard Dog permit
shall expire one year from date of issuance and is
not transferable. The tag must be secured to the
collar or harness of the dog at all times. Dogs
permitted under this Section shall not be required
to obtain a city license, but shall be required to
comply with all provisions of this Ordinance.
REVOCATION OF LICENSE:
(A) The Environmental Services Director or his/her
agent may revoke any cat or dog license after
a hearing for anyone or more of the following
reasons:
(1) Impoundment of a cat or dog by the City
more than two (2) times during a twelve
(12) month period; or
(2) More than two (2) final convictions of a
person for violating this Article when
such convictions relate to the cat or dog
which is being considered for revocation
of its license certificate; or
(3) Any combination of (1) and (2) totaling
three (3) incidents; or
(4) Upon a determination that the animal is a
Non-registerable Dangerous Dog, as
defined in Article 11.
(B) Upon revoking the license of any cat or dog,
the Animal Control Division shall notify the
owner of the cat or dog of said action in
writing. Written notification shall be deemed
made when a certified letter, return receipt
requested, addressed to the last known mailing
address of the cat or dog's owner is deposited
in the U.S. Mail.
(C) Upon the expiration of ten (10) days after
written notification of revocation is
deposited in the U.S. Mail, as provided above,
no cat or dog which has had its license
revoked shall be kept, maintained, or harbored
within the City limits and each twenty-four
SECTION 9.
SECTION 10.
22
(24) hour period shall constitute a separated
violation.
The Animal Control Division shall have the
authority to conduct random or city wide
verification programs in a manner calculated to
determine compliance with the license and rabies
vaccination requirements.
LATE FEE: For the purpose of this ordinance, a
late fee may be assessed under the following
conditions:
A. Failure to obtain a license for a dog or cat
within thirty (30) days of that animal
reaching three (3) months of age.
B. Failure to renew license within thirty (30)
days of expiration of current license.
C. Failure to obtain license within thirty
(30) days of the animal taking up
residence in North Richland Hills.
SECTION 1.
SECTION 2.
SECTION 3.
23
ARTICLE 7. ANIMAL BITES
REPORTING BITES/SCRATCHES: Every physician or
other medical practitioner who treats a person or
persons for any animal bite/scratch or any person
having knowledge of an animal bite/scratch shall
within twelve (12) hours report such treatment to
the Animal Control Division giving the name, age,
sex and precise location of the bitten/scratched
person or persons and such other information as the
officer or agency may require.
REPORTING 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 Environmental Services Department stating
precisely where such animal may be found. If a
known suspected rabid animal bites or scratches a
domestic animal, such incident shall also be
reported as required above.
QUARANTINE OF DOGS AND CATS:
(A) Any owned dog or cat which has bitten or
scratched 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 investigating
officer or responsible agency, in compliance
with State Law. If the dog or cat is not
confined on the owner's premises, confinement
shall be by impoundment in the Animal Care and
Control Center, or at a veterinary hospital of
the owner's choice. Such confinement shall be
at the owner's expense. Stray dogs and cats,
or those animals whose owner's cannot be
located shall be confined in the Animal Care
and Control Center for a period of four (4)
days and if unclaimed shall be destroyed and
the brain of such animal immediately submitted
to a qualified laboratory for rabies
examination at the victim's expense. 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 of cat for
impoundment, as prescribed in this Article.
Home quarantine as defined in Article 2, may
be allowed only in those incidents where
permitted by State Law and agreed to by the
Animal Control Division. Refusal to produce
24
said dog or cat constitutes a violation of
this Section, and each day of such refusal
shall constitute a separate and individual
violation.
(B) Any wild, exotic or dangerous animal as
defined in Article 2, and considered "high
risk" according to State Law, which has bitten
or scratched a person shall be caught and
humanely killed and the brain submitted for
rabies examination. Those wild animals which
are classified as "low risk" animals shall be
handled as dictated by State Laws.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
25
ARTICLE 8. GENERAL
CREATING A HEALTH HAZARD:
(A) Any person who shall harbor or keep on his/her
premises, or in or about a premises under
his/her control, an animal and who allows
his/her premises to become a hazard to the
general health and welfare of the community,
or who shall allow his/her premises to give
off obnoxious or offensive odors due to the
activity or presence of such animals, shall be
guilty of a misdemeanor.
(B) Any person who shall allow his/her animal to
eliminate on public property or the property
of another and does not remove same shall be
guilty of a misdemeanor.
TAMPERING WITH TRAPS AND EQUIPMENT: No person
shall remove, alter, damage or otherwise tamper
with a trap or equipment belonging to/set out by
the Animal Control Division.
AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The
Animal Control Division or authorized
representative, is authorized to destroy any
injured or diseased animal, whether such animal is
on public or private property, and the recovery
from such injuries or disease is in serious doubt,
and after a reasonable effort has been made to
locate the owner of such animal.
EXCESSIVE NOISE: Any person who shall harbor or
keep on his premises, or in or about his premises
under his control, any animal which by loud or
unusual vocalization shall cause the peace and
quiet of the neighborhood or the occupant of
adjacent premises to be disturbed shall be guilty
of a misdemeanor, and a separate offense shall be
deeded committed upon each day during or on which
such violation occurs or continues.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
26
ARTICLE 9. ANIMAL CARE
PROVIDE CARE: No owner shall fail to provide an
animal in his/her care with sufficient good and
wholesome food or water, adequate housing
consisting of a three sided structure with a cover
or roof, shelter and protection from weather,
veterinary care when needed to prevent suffering,
and with humane care and treatment.
CRUEL TREATMENT: No person shall beat, cruelly ill
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.
ABANDONMENT: No person shall abandon an animal in
his custody.
INDUCEMENT: No person shall give away any live
animal as a prize or as an inducement to enter any
contest, game or other competition or an inducement
to enter a place of business; offer such animal as
an incentive to enter into any business agreement
whereby the offer was for the purpose of attracting
trade.
INJURED ANIMAL: Any person who, as the operator of
a motor vehicle, strikes a domestic animal shall
immediately report such injury or death to the
animal's owner; in the event the owner cannot be
ascertained and located, such operator shall at
once report the accident to the appropriate law
enforcement agency or to the local humane society.
POISONOUS SUBSTANCE/TRAPS: No person shall expose
any known poisonous substance, whether mixed with
food or not, so that the same shall be liable to be
eaten by any domestic animal or person. This
Section is not intended to prohibit use of
herbicides, insecticides, or rodent control
materials. No person shall expose an open trap or
metal jaw type that shall be liable to injure any
domestic animal or person, however this shall not
preclude use of humane box traps.
THEATRICAL EXHIBITS: All Theatrical Exhibits as
defined herein shall, in addition to other
requirements of this Ordinance, comply with the
minimum standards of this Section. Facilities
27
shall be subject to inspection by an Animal Control
Officer upon his/her request during reasonable
hours.
(A) Animal quarters shall be of sufficient size to
allow each animal to stand up, lie down, and
turn around in a natural position without
touching the sides or top, or any other animal
or waste.
(B) Each enclosure shall be maintained in
comfortable and healthy temperature level as
well as adequate ventilation.
(C) No enclosure, performance or exhibit area
shall be located in such a manner as to allow
the public to come in contact with the animal.
(D) No animal shall be made to perform by means of
any prod, stick, electrical shock, chemical or
physical force, or by causing pain or
discomfort. Any whip or riding crop must be
used so as to not cause injury to the animal.
(E) No animal shall be caused to fight, wrestle or
be physically matched against any other animal
or person.
(F) No animal shall perform or be displayed in any
dangerous situation presenting the danger of
physical injury to the animal or person.
(G) The Animal Control Division must be notified
of all displays or performances, including
date, time, and exact location at least forty-
eight (48) hours in advance of a display or
performance.
SECTION 1.
28
ARTICLE 10. BOARD/RIDING STABLES
STANDARDS: All boarding/riding stables as defined
herein shall, in addition to other requirements of
this City, comply with the minimum standards of
this Section as well as other State Laws that
apply.
(A) All animals shall be provided with daily food
and water, free from contamination. Such food
shall be wholesome, palatable and of
sufficient quantity and nutritive value to
meet the normal daily requirements for the
condition and size of the animal.
(B) All equipment used for riding must properly
fit each individual animal.
(C) All buildings and sheds used for stabling
animals shall be well lit and ventilated and
provide adequate protection from the weather.
All buildings and sheds used for stabling
animals shall be kept clean and in good repair
at all times and manure and urine shall be
removed therefrom daily. Acceptable bedding
material must be provided. Any enclosure
where animals are kept shall be graded and
raked to keep the surface reasonably dry.
(D) Flies and other insects must be controlled
through general sanitation and necessary
means.
(E) Animals let for riding/teaching purposes must
be in good physical condition.
(F) Boarding/riding stables which rent or lend
horses to the general public for pleasure
riding and or lessons, and pony rides shall,
in addition to the above requirements also
adhere to the following standards:
(1) Animals exhibiting the following shall be
deemed unfit for work:
(a) Sores or abrasions caused or likely
to be irritated by the bearing of
services, girth, harness or bridles,
unless packing could be utilized.
(b) Serious injury or illness
SECTION 2.
29
(c) Obvious signs
malnutrition,
exhaustion.
of emaciation,
lameness or
(2) Animals requiring veterinary care shall
not be moved, ridden or driven except for
the purpose of humane keeping, pasturing
or obtaining medical care.
(3) Animals shall be properly shod and the
hooves shall be kept trimmed.
(4) Animals shall be kept clean particularly
in the areas in contact with harness or
other tack.
(5) Animals shall not be worked more than two
(2) hours without being given a total of
thirty (30) minutes rest. The maximum
working period for anyone animal shall
be ten (10) hours out of every twenty-
four (24) hours.
(6) Animals shall not be worked when the
temperature at the workplace reaches or
exceeds 95 degrees Fahrenheit. Animals
which are on heat stress treatment which
has been prescribed by a veterinarian may
be worked while under such treatment as
long as a veterinarian is on the premises
of the workplace.
(7) No animal shall be over-ridden or driven
to result in overheating or exhaustion.
(8 )
All tack, to
to:harnesses,
blankets shall
good repair.
include but not limited
bridles, saddles, and
be kept cleaned and in
( 9 ) No animal shall be made to perform by
means of any prod, stick, electrical
shock, physical force, or by causing pain
or discomfort. Any whip or riding crop
must be used so as not to cause injury to
the animal.
QUARANTINE: The Animal Control Division may order
a quarantine of the entire premises where the
animals are being stabled or any part thereof or on
any particular animal for any of the following
reasons:
SECTION 3.
30
(A) Excessive parasitism, diagnosed by a
veterinarian which would cause the animal to
be unfit to be ridden or driven.
(B) General malnutrition
veterinarian.
diagnosed
by
as
(C) Presence or suspicion of transmissible disease
as diagnosed by a qualified veterinarian.
INSPECTION: Facilities shall be subject to
inspection by an Animal Control Officer upon
his/her request during reasonable hours.
SECTION 1.
SECTION 2.
31
ARTICLE 11. DANGEROUS DOGS
NON-REGISTERABLE DANGEROUS DOGS: No person shall
own or harbor a non-registerable dangerous dog
within the City of North Richland Hills. Such an
animal may be impounded as a public nuisance. If
impoundment of said non-registerable dangerous dog
is being attempted away from the premises of the
owner and the impoundment cannot be made with
safety, the animal may be destroyed without notice
to the owner or harborer. If an attempt is made to
impound a non-registerable dangerous dog from the
premises of the owner or harborer and the
impoundment cannot be made with safety, the owner
or harborer will be given twenty-four (24) hours
notice, that if that animal is not surrendered to
the Animal Control Division for impoundment within
said twenty-four (24) hour period, then the animal
will be destroyed wherever it is found. After this
notice, the non-registerable dangerous dog may be
destroyed during an attempt to impound, if
impoundment cannot be made with safety, wherever
the impoundment is attempted. Notice under this
Article may be verbal or in writing. A written
notice left at the entrance to the premises where
the non-registerable dangerous dog is harbored will
be considered valid notice under this Article.
DETERMINATION OF NON-REGISTERABLE DANGEROUS DOG: A
dog is determined to be a non-registerable
dangerous dog if:
(A) A dog is automatically determined to be non-
registerable if it commits acts as defined in
Article 2-J(1) of this Ordinance; or
(B) The Animal Control Division may find and
determine a dog to be non-registerable if:
(1) Upon receipt of an Affidavit of Complaint
signed by one or more individuals, made
under oath before an individual
authorized by law to take sworn
statements or made at the Animal Care and
Control Center before a certified Animal
Control Officer, setting forth an act
described in Article 2-J(1) and set forth
as follows:
(a) Nature and the date of the act
described in Article 2 (J)(l); and
SECTION 3.
32
(b) The location of the event; and
(c) The name and address of the owner of
the animal in question; and
(d) The description of the animal in
question.
(2) The Animal Control Division shall
investigate the complaint and may
determine that an animal is non-
registerable under this Ordinance and/or
State Law.
(C) The dog has been registered as, or finally
determined or declared to be a dangerous dog
either in North Richland Hills or in another
city or county in Texas and has made an
unprovoked attack on another person outside
the dog's enclosure and causes injury to such
person or a person assisting or intervening on
behalf of such person; or
(D) The owner of a dog determined to be a
registerable dangerous dog under this
Ordinance, or any previous or other ordinance
of this city or any other city or state law,
can not or will not comply with the
requirements set out in this article for the
keeping of a registerable dangerous dog.
NOTIFICATION OF DETERMINATION OF ANON-REGISTERABLE
DANGEROUS DOG:
(A) Within five (5) working days of determining an
animal non-registerable, the Animal Control
Division will notify, by certified mail,
return receipt requested, the person owning
the animal of its designation as a non-
registerable animal. In the event that
certified mail, return receipt requested,
cannot be delivered, the Animal Control
Division may then give notice by ordinary mail
to last known address of owner. For the
purposes of this Section, notice may be
delivered by the Animal Control Division in
person to the owner/harborer of the dog in
question, provided that notice is written.
(B) If the animal is determined to be non-
registerable under this Ordinance, the owner
may appeal to the Municipal Court within ten
SECTION 4.
SECTION 5.
33
(10) days of notification. Failure to appeal
the determination of non-registerable
dangerous dog shall result in the Animal
Control Division's determination as final.
STATUS OF DOG PENDING APPEAL: pending the outcome
of the appeal to Municipal Court, the animal must
be confined at the Animal Care and Control Center,
the cost of which shall be borne by the owner. If
the dog in question is not in the possession of the
Animal Care and Control Center at the time of the
declaration, the owner must surrender said dog to
the Animal Control Division when ordered to do so
by any animal control officer or police officer.
If the owner fails to immediately surrender the dog
the Animal Control Division shall have the right to
take the dog into its possession from the premises
of the owner or elsewhere, wherever the dog may be
found within the City limits. If the dog cannot be
taken into custody by the Animal Control Division,
it may be taken into custody under a search warrant
for contraband issued by the Municipal Judge or
other Magistrate having jurisdiction.
DEFENSE TO DETERMINATION OF NON-REGISTERABLE
DANGEROUS DOG: It is a defense to the
determination of a dog as a non-registerable
dangerous dog and to the prosecution of the owner
of that dog:
(A) If the threat, injury, or damage was sustained
by a person who at the time was committing a
willful trespass or other tort upon the
premises occupied by the owner of the animal;
or
(B) If the person was teasing, tormenting,
abusing, or assaulting the animal or has, in
the past, been reported to have teased,
tormented, abused or assaulted the animal; or
(C) If the person was committing or attempting to
commit a crime; or
(D) If the dog was protecting or defending a
person while in that person's control, from an
unjustified attack or assault; or
(E) If the dog was injured and responding to pain.
SECTION 6.
SECTION 7.
SECTION 8.
34
DISPOSITION OF NON-REGISTERABLE DANGEROUS DOG:
(A) If the Municipal Court upholds the
determination by the Animal Control Division,
the court shall order the dog to be
euthanized in a safe and humane manner at the
Animal Care and Control Center.
(B) In the event the Municipal Court reverses that
determination, the dog in question shall be
returned to or released to its owner provided
the owner reimburses the City for any
veterinary medical treatment administered to
said dog while in the custody of the Animal
Control Division.
REGISTERABLE DANGEROUS DOG: Shall refer to a dog
determined dangerous under this Article or in
compliance with State Law or that meets any of the
following criteria:
(A) Any dog which, when unprovoked, chases or
approaches a person upon the streets,
sidewalks, or any public or private property
in an apparent attitude of attack such that
the person reasonably believes that the animal
will cause physical injury to the person; or
(B) Any dog that commits an unprovoked act 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 the act causes a person to
reasonably believe that the dog will attack
and cause bodily injury to that person; or
(C) Any animal that has killed or seriously
injured or caused to be seriously injured a
domestic animal or a permitted restricted
animal as defined in Article 12, without
provocation while off the owner's property.
DETERMINATION OF REGISTERABLE DANGEROUS DOG: A dog
is determined to be a registerable dangerous dog if
it meets the requirement(s) set out in Section 7 of
this Article; and
(A) The owner of the dog in question knows of such
an attack as defined in this Article; or
(B) The owner is notified by the Animal Control
Division that the dog in question is a
SECTION 9.
35
registerable dangerous dog. The Animal
Control Division may find and determine a dog
to be a registerable dangerous dog if:
(1) Upon receipt of an Affidavit of Complaint
signed by one or more individuals, made
under oath before an individual
authorized by law to take sworn
statements or made at the Animal Care and
Control Center before a certified animal
control officer, setting forth an act
described in Section 7 of this Article
and set forth as follows:
(a) Nature and the date of the act
described in Section 7; and
(b) The location of the event; and
(c) The name and address of the
owner of the animal in question; and
( d) The description of the animal in
question.
(2) The Animal Control Division has been
notified by another agency that the dog
has been determined to be dangerous under
the State Law or applicable ordinance of
notifying city.
NOTIFICATION OF DECLARATION OF A REGISTERED
DANGEROUS DOG:
(A) Within five working days of determining a dog
a registered dangerous dog, if written
notification can not be given personally to
the owner of the dog the Animal Control
Division will notify, by certified mail,
return receipt requested, the person owning
the animal of its designation as a
registerable dangerous dog. In the event that
certified mail, return receipt requested,
cannot be delivered, the Animal Control
Division may then give notice by ordinary
mail.
(B) If the dog is determined to be registerable
under this Ordinance, the notice shall inform
the owner of the dog he/she may appeal the
determination to Municipal Court no later
than ten (10) days after the date the owner is
SECTION 10.
SECTION 11.
SECTION 12.
36
notified of the determination. Failure to
appeal the determination of registerable
dangerous dog within the ten (10) day period
shall result in the Animal Control Division's
determination becoming final.
(C)
Failure of the owner to appear at
Determination Hearing shall result in
Animal Control Division's determination
final.
the
the
as
STATUS OF DOG ON APPEAL: Pending the outcome of
the appeal, the animal must be confined at a
licensed veterinarian clinic or at the Animal Care
and Control Center, the cost of which shall be
borne by the owner of the dog in question. If the
dog in question is not in the possession of the
Animal Care and Control Center or a veterinary
clinic at the time of the determination, the owner
must surrender the said dog to the Animal Control
Division when ordered to do so by any animal
control officer or police officer. If the owner
fails to immediately surrender the dog, the Animal
Control Division shall have the right to take the
dog into its possession from the premises of the
owner or elsewhere, wherever the dog may be found
within the City limits. If the dog cannot be taken
into custody by the Animal Control Division, it may
be taken into custody under a search warrant for
contraband issued by the Municipal Judge or other
Magistrate having jurisdiction.
DEFENSE TO DETERMINATION OF REGISTERABLE DANGEROUS
DOG: Section 5, (A) through (E) of this Article
shall serve as a defense to the determination of a
dog as a registerable dangerous dog and to the
prosecution of the owner of that dog.
DISPOSITION OF REGISTERABLE DANGEROUS DOG:
(A) If the Municipal Court upholds or has ever
upheld under previous or other ordinances of
this city or other cities or state law, the
determination by the Animal Control
Division,the owner shall, no later than ten
(10) days after the Determination Hearing
comply with the provisions of this Ordinance
for the keeping of a registered dangerous dog
in North Richland Hills and the dog shall be
returned to the owner provided all costs
involved in the impoundment, holding and
medical treatment of said dog are paid.
SECTION 13.
37
(B) In the event the Municipal Court reverses that
determination, the dog in question shall be
returned to or released to its owner provided
the owner has paid all veterinary medical
cost administered to such dog while in the
custody of the Animal Control Division.
(C) If the Animal Control Division has information
or belief, or has determined that a court of
competent jurisdiction has ever made or upheld
a determination or declaration that a dog is
dangerous, or if the Animal Control Division
has determined that a declaration or
determination of dangerous dog became final
for failure to appeal or any other reason,
under previous or other ordinances of this
city or other cities or state law, the Animal
Control Division shall notify the person
owning or keeping such dog in writing that the
owner shall no later than ten (10) days after
the date of the notice comply with the
provisions of this Ordinance for the keeping
of a registered dangerous dog in North
Richland Hills.
REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A
REGISTERED DANGEROUS DOG: Owner must register the
dog at the Animal Care and Control Center, the
annual fee for which is fifty dollars ( $50.00) .
The registration shall not be transferable and
shall expire one year from date of issuance. The
Animal Care and Control Center shall provide to the
owner of the registered dangerous dog a tag which
must be placed on the dogs collar and worn at all
times.
(A) The owner must comply with the following to
register the dog:
(1) Present proof of liability insurance or
financial responsibility in the amount of
at least one hundred thousand dollars
($100,000.00) to cover damages resulting
from an attack by the dangerous dog which
causes bodily injury to a person; and
(2) Present proof of current rabies
vaccination of the registerable dangerous
dog; and
(3) Present proof that the dog has been
altered so as to prevent reproduction;
38
and
(4) Present proof that the owner has attended
the Responsible Pet Ownership class
provided by the Animal Care and Control
Center; and
(5) The owner must provide a proper enclosure
as defined in Article 2 of this Ordinance
and that proper enclosure must be
inspected and approved by the Animal
Control Division; and
(6) The owner shall post a sign on his/her
premises warning that there is a
dangerous dog on the property. This sign
shall be visible and capable of being
read from the public street or highway.
In addition, the owner shall
conspicuously display a sign with a
symbol warning, understandable by small
children, of the presence of a dangerous
dog; and
(7) Owner shall caused to be placed around
the dog's neck a collar indicating the
dog is dangerous. This collar may be
obtained at the Animal Care and Control
Center and must be worn at all times; and
(8) Further identification may be required
and designated by the order of the
Director of Environmental Services.
(B) When the registered dangerous dog is taken
outside the approved proper enclosure, the
animal must be securely muzzled in a manner
that will not cause injury to the dog nor
interfere with its vision or respiration but
shall prevent it from biting a person or other
animal, and the dog must be restrained by a
substantial chain or cable leash having a
minimum tensile strength of one thousand
(1,000) pounds and not to exceed six (6) feet
in length; and
(C) Prior to selling or moving the registered
dangerous dog either inside or outside the
City limits, the owner must notify the Animal
Control Division of his/her intentions. In
the event the dog is moved permanently outside
the City limits the owner must comply with the
SECTION 14.
SECTION 15:
SECTION 16.
39
State Law in notifying the animal control
authority in control of the area into which
the dog has been moved.
(D) Anyone bringing a dog into the City limits of
North Richland Hills that has been declared
dangerous by another animal control authority
must notify the Animal Control Division of the
new address where the dog will be kept and
upon presentation of the dog's prior
registration tag that has not expired, shall
pay a fee of twenty-five dollars ($25.00), and
the Animal Control Division shall issue a new
tag to be placed on the dogs collar. This
owner must also comply with all requirements
set out in this ordinance.
ATTACK BY REGISTERED DANGEROUS DOG: The owner of a
dangerous dog shall notify the Animal Control
Division of any attacks the dog makes on people or
animals.
APPEAL FROM MUNICIPAL COURT: Any appeal of the
decision or order of the Municipal Court of North
Richland Hills shall be made within twenty (20)
days in the same manner as appeal from civil cases
originating in the Justice of the Peace Courts of
this State. The Municipal Court shall order the
appellant to post a supersedeas bond payable to the
City of North Richland Hills in an amount not less
than ten thousand dollars ($10,000.00). The form
of the bond shall be as prescribed in the laws
pertaining to civil appeals originating in the
Justice of the Peace Courts in this State. The
appellant shall be responsible for the cost of
appeal.
DEFENSE TO PROSECUTION FOR VIOLATION OF REGISTERED
DANGEROUS DOG: It is a defense to prosecution of
Sections 14 that the person is:
(A) Veterinarian, peace officer, employee of the
City of North Richland Hills in the
performance of his/her duties; or
(B) 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;
or
(C) A dog trainer or an employee of a guard dog
SECTION 17.
40
company, while in the performance of his/her
duties, under the Private Investigators and
Private Security Agencies Act (Article
4413(29bb), Vernon's Civil Statutes).
PENALTIES FOR VIOLATION OF THIS ARTICLE:
(A) It shall be a violation of this Ordinance if
the person is the owner of a registered
dangerous dog and the dog makes an unprovoked
attack on another person outside the dog's
proper enclosure and causes bodily injury to
the other person whether or not the dog was on
a leash and securely muzzled or whether or not
the dog escaped without fault of the owner.
(B) It shall be a violation of this Ordinance if
the person is the owner of a registered
dangerous dog and that dog kills or wounds a
domestic animal while outside the dog's proper
enclosure whether or not the dog was on a
leash and securely muzzled or whether or not
the dog escaped without fault of the owner.
(C) It shall be a violation of this Ordinance if
the person is the owner of a registered
dangerous dog and that dog attacks a person
who gains access to the proper enclosure due
to negligence on the part of owner or the
owner's agent.
(D) In addition to criminal prosecution, a person
who commits an offense under this Article is
liable for a civil penalty not to exceed ten
thousand dollars ($10,000.00). The City
Attorney of North Richland Hills may file suit
in a court of competent jurisdiction to
collect the penalty. Penalties collected
under this subsection shall be retained by the
City.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
41
ARTICLE 12. WILD/ EXOTIC / DANGEROUS ANIMALS
EXHIBITIONS OF WILD/DANGEROUS ANIMALS PROHIBITED:
No person shall keep, or permit to be kept, on his
premises any wild or dangerous animal for display
or for exhibition purposes, whether gratuitously or
for a fee. This Section shall not be construed so
as to apply to a theatrical exhibit or circus, as
defined in Section 2 of this Ordinance.
PROHIBITED ANIMALS: No person may possess a
venomous reptile, elephant, rhinoceros, skunk,
raccoon, fox, coyote, bat, lion, tiger, ocelot,
cougar, leopard, cheetah, jaguar, hyena, bear,
lesser panda, binturong, ape that exceeds 35 pounds
in weight, wolf or any hybrid of these animals or
any other dangerous animal which is or may be here
after listed as a "high risk" animal in the Texas
Rabies Control Act.
RESTRICTED ANIMALS: No person may possess any
individual species or subspecies of any of the
following animals without a permit issued through
the Animal Care and Control Division: ferret,
miniature pig not to exceed 100 pounds in weight,
exotic livestock and ratites(exotic fowl).
NON-VENOMOUS REPTILES: shall be registered with
the Animal Care and Control Division and shall meet
all requirements set out in Section 5-(B) of this
Article.
PERMIT REQUIREMENTS FOR RESTRICTED ANIMAL
OWNERSHIP: Any person who wishes to possess a
restricted animal in the City limits must:
A. Apply for said permit at the Animal Care and
Control Center and provide the following
information and documentation:
(1) A health certificate from a licensed
veterinarian stating that the animal is
free from symptoms of infectious disease
or is under treatment. A new health
certificate is required each time the
permit is renewed. Copy will remain with
the Animal Control Division.
(2) Copies of applicable state or federal
permits or licenses as required by either
of those entities for the keeping of the
42
particular animal in question. These
copies will be retained by the Animal
Control Division
(3) Information relating to the owner
including emergency telephone numbers and
telephone numbers for their veterinarian
in case of emergencies.
(4) Present proof of liability insurance or
financial responsibility in the amount of
one-hundred thousand dollars
($100,000.00) to cover the damages
resulting from an escape and/or attack by
the animal to be permitted.
(5) Owner has attended a course approved by
the Animal Care and Control Division in
the care and maintenance of the animal in
question and presents proof of
satisfactory completion to the Animal
Care and Control Division.
B. Before a permit is issued the Animal Control
Division shall inspect the facility where the
animal is to be kept, which must meet the
following criteria:
(1) Each enclosure must provide adequate
exercise area and sleeping quarters.
(2) Proper temperature control and
ventilation for the particular species
must be provided in both areas.
(3) Each enclosure must be kept locked and
designed so that no one can enter or
place appendages in the enclosure.
(4) Each enclosure must be constructed so as
to prevent the animal from escaping.
(5) Each enclosure must kept in good repair
to prevent both escape and injury to the
animal.
( 6 )
Each enclosure must have a
container which is secured so
prevent its being overturned.
water
as to
(7) Each enclosure must be cleaned daily.
SECTION 6.
SECTION 7.
SECTION: 8.
43
C. Owners keeping permitted restricted animals as
pets inside their residence are not required
to provide for the requirements of (1)
through (7) above, except there must be
separate sleeping quarters. The animal (s)
must remain in the owner's home or in the
prescribed enclosure, if outdoors. If
transported to the veterinarian, animal must
be kept in an escape-proof cage previously
approved by the Animal Control Division.
D. Each animal must be provided with continuous
clean water and must be fed a diet approved by
a licensed veterinarian.
E. Any animal which has bitten or scratched
someone must be immediately surrendered to the
Animal Control Division for euthanasia and
testing by the Texas Department of Health. A
live test approved by T.D.H. may be
substituted for euthanasia.
F.
Fee for restricted animal
fifty dollars ($50.00) and
expire one year from date
shall not be transferable.
permit shall be
the permit shall
of issuance and
VIOLATION OF PERMIT REQUIREMENTS: Failure to
comply with the permit requirements shall
constitute a violation of this Article and each day
on non-compliance shall constitute a separate
offense.
EXEMPT: This Article does not apply to:
A. Zoological Park accredited by the American
Association of Zoological Parks and Aquariums.
B. Federally-licensed research institutions.
C. Any government agency or its employee who use
the animals for an agency related to
education, propagation, or behavior program.
D. Anyone holding a valid rehabilitation permit
from the Texas Parks and Wildlife but only for
animals which are in rehabilitation and
scheduled to be release to the wild.
PERMIT REQUIRED: Any person in possession or in
control of a restricted animal as defined in this
Article at the time of passage of this Ordinance
44
shall have thirty (30) days from passage to obtain
permit required by this Ordinance. From and after
said thirty (30) day period said person who fails
to obtain a permit shall be in violation of this
Ordinance.
SECTION 1.
SECTION 2.
SECTION 3.
45
ARTICLE 13.
PENALTIES/ SEVERANCE/ REPEALER
PENALTY FOR VIOLATION: Any person who violates any
of the provisions of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof, shall
be punished by a fine not to exceed two hundred
dollars ($200.00). Each day of violation shall
constitute a separate offense.
SEVERANCE CLAUSE: If any section, subsection,
sentence, clause, or phrase of this ordinance is
for any reason held to be invalid, such decision
shall not affect the validity of the remaining
portions of this ordinance.
REPEALER: All ordinances and parts of ordinances
in conflict here with are hereby repealed on the
effective date of this ordinance, which will be ten
(10) days from passage and publication as required
by law.
Passed and Approved this~day of November, 1992
~~
Tommy Br~aYOr
ATTEST:
Oð~~
J~~tte Rewis, City Secretary
Approved as to f and legality:
Attorney for the City
An Ord~n'ft(:e , ntrol regula-
tions for the CltYi defining terms; regulating 1m·
poundment Of. .ogs, cats and other animals;
makloglt ""nJ.~flJlto Permit an animal to run ~t
largei.stabll$hJng fe,s; regulating kennel,; regu-
~l,tlngestr.y';. rig. ulatlng boarding ridIng stablesi
·l'tgulatlnp keepl.,g of exotIc anlmalsi controlling
dangerous animafs;, providing for hearings and ap-
pealsi provIding for certain defensesi providing for
a fine fOrvl.o,.tlon oHhe ordinance; providing for'
~~c;~::t~:'r:p":a,r,~=I:~J¡::~~:f:~~:R,~. Slvln,gs
Passed a"d.~t9V.d byth. NorthRI~h"ndHms
City COUl'lcft f"e23rd day of November,)992.
LEGAL AFFIDI. APPRoveD:
THE STATE OF TEXAS:
COUNTY OF TARRANT
Tommy Brown
MaYQr
ATTEST:
L
Jeanette Rewis
City Secretary .
Before me, the undersigned authority c
Rex McEntire
peared MARGIE LANGLEY known to me tc AttorneytotC¡ty
MCN CPN916 ,'.
first being sworn, deposed and upon her oath L_!:~B: 11/29/92
APPROVED AS '1'0 FORM ÄNÔt.EGALITY;
That she is the C.L.A.R. of the MID CITIES NFWS
, a newsl'a-
per which has been regularly and continuously published and of general
circulation in the City/Town of N. RICHLAND HILLS ,for a period of
.more than one year next preceding the first publication of the attached
LEGAL AD
and that he caused said notice to be published in
said newspaper on the following date(s).
[l '~q ~ q ~
,
That the attached is a true and correct copy of said notice as
published on said date(s) in said NEI4SPAPER
~tfvvy ~l~.
Sworn to and subscribed before me, this the ~ù,,\~ day of ~y
19 ~à-.-
~\~~ ~~
" '\ ') Notary Public,
'---j TARRANT County, Texas