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HomeMy WebLinkAboutOrdinance 1574 · . TNDEX ARTICLE 1------------------------------------ Preamble ARTICLE 2------------------------------------ Definitions ARTICLE 3------------------------------------ Dogs and Cats ARTICLE 4------------------------------------ Kennels ARTICLE 5------------------------------------ Estrays ARTICLE 6------------------------------------ Dangerous and Vicious Animals ARTICLE 7------------------------------------ In General ORDINANCE NO. 1574 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: SECTION 1. (A) OWNER: Any person who has right of property in an animal. (B) 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 10 days or longer. (C) DOMESTIC ANIMAL: Shall include all species of animals commonly and universally accepted as being domesticated. (D) WILD ANIMAL: Shall include all species of animals which exist in a natural unconfined state and are usually not domesticated. (E) PET ANIMALS: Shall include dogs, cats, rabbits, rodents, birds, 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 may be further restricted in this ordinance. (F) STRAY ANIMAL: (Including Estrays) 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. (G) ESTRAY: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep, goat, or any species of cattle. · , * (H) VICIOUS ANIMAL: (1) Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property; or (2) Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property; or (3) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to that person; or (4) Any individual animal with a disposition to attack unprovoked, threaten the safety of persons or known propensity, tendency or to cause lnJury, or to otherwise domestic animals. * (I) 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. * (J) 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. * (K) animal repeatedly bites victim, or a person the attack. SEVERE ATTACK: Is defined as one in which the or vigorously shakes its victim, and the intervening, has extreme difficulty terminating * (L) of a or inflict MENACING FASHION: Means the show by an animal disposition, determination or intent to attack injury or harm to a person or other animal. (M) PROPER ENCLOSURE: Means a house or a building, or in the case of a fence or a 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 violation. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides to prevent the potentially dangerous animal from escaping from the enclosure. The structure/pen shall provide protection from the elements for the potentially dangerous 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. SECTION 1. (N) RUNNING AT LARGE: (1) Off Premises (a) Any dog which is not restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while off premises. (b) Any cat which is off the owner's property. (2) On Premises - Any dog 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 metal 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. A dog intruding upon the property of another person other than the owner shall be termed "at large". Any animal within an automobile or other vehicle of it's owner or owner's agent shall not be deemed "at large". (0) RABIES VACCINATION: Shall mean the vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the State Department of Health and administered by a veterinarian licensed by the State. (P) QUARANTINE BY OWNER: (1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten (10) days. (2) If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it 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 not be removed from Corporate City Limits of North Richland Hills while under quarantine. ARTICLE 3. DOGS AND CATS IMPOUNDMENT: Animals owned or harbored in violations 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. SECTION 2. SECTION 3. SECTION 4. SECTION 5. DISPOSITION OF IMPOUNDED ANIMALS: If the owner of an animal is known, immediate notice shall be given to him/her. Any impounded animal may be redeemed upon payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the Animal Control Division. If such animal is not redeemed within four (4) days it shall be deemed abandoned and may be placed for adoption, subject to payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges, and such other costs as set by the Animal Control Division, or the Animal Control Division may humanely euthanize said animal by injection or other means approved by the City Council. DISPOSITION OF IMPOUNDED ANIMAL BEING 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 court which may also direct the owner to pay any penalties for violation of this ordinance in addition to all impounded 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 to the fees and fines which may result from a violation of this ordinance. REMOVAL OF DOGS & 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 the consent of the impounding agency. 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 office of the Animal Control Division 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 (48) 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 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, subject to the applicable provisions of the law. SECTION 1. SECTION 2. SECTION 3. SECTION 4. 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) All dogs and cats adopted from the North Richland Hills Animal Shelter which are three (3) months or older shall be vaccinated for rabies with an approved killed tissue vaccine by a veterinarian licensed with the State of Texas within forty-eight (48) hours of adoption. ARTICLE 4. KENNELS 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 is issued by the City of North Richland Hills. 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 1,000 feet of any residence. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels. Such permits shall be valid for one (1) year from date of issuance. The permit fee shall be five dollars ($5.00). 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 OHNERSHIP: 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 4 months of age shall not be counted for purposes of this section. Any person, firm, or corporation wishing to keep more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs and who does not posses a kennel permit. may procure a multiple pet-ownership permit from the City. The permit once issued shall be a defense to the terms of this section. Such permit shall be issued through the office of the Animal Control Division for a fee of five dollars ($5.00) and shall be valid for one year from the date of issuance. Such permit contemplated by this the Animal Control Division if: section may be revoked by r SECTION 6. SECTION 7. SECTION 8. CONFINEMENT DtffiING 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 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 this confinement shall be paid by the o\mer. 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 and the effective date of this ordinance. (A) ntPOUNDMENT OF NEUTERED ANIMAL First Impoundment----------------:...-----$10.00 Second Irnpoundment---------------------$50.00 Third Impoundment----------------------$100.00 Boardil1g Fee---------------------------$ 6.00 per day Quarantine Fee-------------------------$10.00 per day (E) IMPOUNDMENT OF UN-NEUTERED ANIMAL First Impoundment-----~-----------------$25.00 Second Impoundment----------------------$50.00 Third Impoundment----------------------$100,OO Boarding Fee----------------------------$ 6.00 per day Quarantine Fee--------------------------$10.00 per day The above fees will be assessed per twelve (12) month calendar year. A $15.00 refund will be given if proof that the animal has been neutered is presented within thirty (30) days of the initial impoundment. (A) All dogs and cats which are adopted through the North Richland Hills Animal Shelter shall be surgically altered to prevent reproduction in that animal. The person adopting animal shall sign an agreement stating that he/she will have said adult dogs and cats (females over six (6) months of age; males over nine (9) months of age) surgically altered within thirty (30) days of adoption. Immature dogs and cats shall be altered by the date designated in the adoption agreement. (B) It shall be the responsibility of the person adopting to provide proof of altering to the Animal Control Division of Environmental Services. (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 permit. Such failure shall also constitute a ". SECTION 5. SECTION 6. (A) The facilities, upon inspection, show that they are inadequate for the number of animals sought 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 each 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. (4) The said premises must provide adequate protection from the common elements, i.e, rain, heat, cold. (B) The animals kept are causing a stench or odor which is offensive to a person of ordinary sensibilities; or (C) The animals are maintained in a manner which is dangerous to the health of the animals themselves or adjacent animals; or (D) The animals are causing noise which is offensive or disturbing to a person of ordinary sensibili ties on adj oining, adj acent, or neighboring premises. (E) Citations have been issued to permit holder for any violation of this ordinance on two (2) separate occasions; or animals covered by the permit have been impounded on two (2) separate occasions. HARBORING WILD ANIMALS: It shall be unlawful to keep or harbor any wild animal within· the city without a permit, except connnercial establishments dealing in the sale of such animals which have proper zoning for such a connnercial enterprise and have proper facilities for the restraint and care thereof. The Animal Control Division and the city manager or his assistant may issue a permit to allow wild animals to be kept or harbored in the city, and shall establish the conditions thereof. BARKING DOGS: Any person who shall harbor or keep on his premises, or in or about his premises under his control, any dog or animal of the dog kind which by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or the occupants of adj acent premises to be disturbed shall be guilty of a misdemeanor, and a separate SECTION 1. SECTION 2. SECTION 3. SECTION 4. offense shall be deemed committed upon each day during or on which such violation occurs or continues. ARTICLE 5. ESTRAYS UNATTENDED ESTRAYS: 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 thousand dollars ($2000.00). 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 estrays that may be found in and upon any street, alley, or in or upon any unenclosed lot in the City of North Richland Hills, or otherwise to be found at large, and to confine such estrays 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 office of the Animal Control Division. Each entry shall include the following: (A) The name and address of the person who notified the Animal Control Division of the estray; (B) The location of the estray when found; (C) The location of the estray until disposition; (D) A description of the animal including it's breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. ADVERTISEMENT OF IMPOUNDED ESTRAYS: When an estray has been impounded, the Animal Control Division 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 stray in a newspaper of general circulation in the County at least twice during the next (15) days following impounrunent and post a notice of the impoundment of the estray on the public notice board of the County Sub-Court House and of the City Hall. RECOVERY BY OWNER: the animal at any this Article if: The owner of an estray may recover possession of time before the animal is sold under the terms of SECTION 5. (A) The owner has provided "Affidavit of Ownership" following information: the Animal Control Division with an of the estray containing at least the (1) The name and address of the owner; (2) The date the owner discovered that the animal was an estray; (3) The property from which the animal strayed; (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; (C) The affidavit had been filed in the "Estray Book"; (D) The owner has paid all estray handling fees to those entitled to receive them; (E) The owner had executed an "Affidavit of Receipt" containing at least the following information; (1) The name and address of the person receiving the estray; (2) Date of receipt of estray; (3) Method of claim to estray (owner, purchaser at sale); (4) If purchased at sale, the amount of gross purchase price; (5) Amount of estray handling fees paid; (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 ($50.00) dollars for the taking and impounding of the estray and the further sum of ten ($10.00) dollars per day, except for the first day, for each and every subsequent day that the animal s.hall remain in the custody of the Animal Control Division. Such fee being charged for the caring and feeding of such animal. The owner shall also pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the City. SECTION 6. SECTION 7. SECTION 8. 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 in the City and the Animal Control Division shall then cause the estray to be sold at a public auction. Ti tIe 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 purchaser of estray at public auction may take possession of the animal upon payment thereof. 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 proceeds shall be subject to claim by the original owner of the estray as provided herein. (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; (B) The Animal Control Division has approved the affidavit ; (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 Ci ty . 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. SECTION 9. SECTION 10. SECTION 11. SECTION 1. SECTION 2. 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 residence or occupied building, or any hog within five-hundred (500) feet of another's residence or occupied building. ARTICLE 6 DANGEROUS AND VICIOUS ANIMALS No person shall own or harbor a vicious animal within the City of North Richland Hills: such an animal shall be impounded as a public nuisance. If impoundment of said vicious animal 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 vicious animal 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 the said 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 vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing. A written notice left at the entrance to the premise where the vicious animal is harbored will be considered valid notice under this section. VICIOUS ANIMAL MEANS: (A) Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property; or (B) Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property; or (C) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or (D) Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause lnJury, or to otherwise threaten the safety of persons or domestic animals. SECTION 3. SECTI ON 4. SECTION 5. DECLARATION OF A VICIOUS DOG (A) An animal is automatically declared to, be a vicious dog under Section 2A and 2B. (B) The Animal Control Division may find and declare an animal to be a vicious animal if the Division has cause to believe that an animal is a vicious animal under Section 2C or 2D. C) 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 Control Division, setting forth the nature and the date of the act, the location of the event, the owner of the animal, the address of the owner, and the description of the animal doing such act, the Animal Control Division shall investigate the complaint and may determine that an animal is vicious under Section 2C or 2D. NOTIFICATION OF DECLARATION OF A VICIOUS ANIMAL (A) Within five (5) working days of declaring an animal vicious, the Animal Control Division will notify , by certified mail, return receipt requested, the person owning the animal of its designation as a vicious animal. (B) If the animal is declared to be vicious under Section 2C or 2D, the notice shall inform the owner of the animal that a Determination Hearing may be requested to contest the declaration. The request for a Determination Hearing must be in writing and must be received by the Director of Environmental Services Department or his/her designee no later than five (5) working days from receipt by the owner of the vicious animal declaration. Failure to appeal the declaration of vicious animal within five (5) working days shall result in the Animal Control Divisions declaration as final. DETERMINATION HEARING (A) Upon the written request for a Determination Hearing by the owner of an animal declared vicious under Section 2C or 2D, the Director of the Environmental Services Department or his/her designee shall schedule said hearing before the Municipal Judge. The Determination Hearing shall be conducted within ten (10) working days of receipt of the request for such hearing. (B) The owner shall be notified of said hearing by certified mail, return receipt requested. Failure of the owner of the animal to appear at the Determination Hearing shall result in the Animal Control Division's declaration as final. Pending the outcome of the Determination Hearing, the animal must be securely confined in a humane manner with a licensed veterinarian, or in the Animal Control Division's shelt er. The costs of securing said animal pending the Determination Hearing shall be borne by the owner. SECTION 6. SECTION 7. (C) The Municipal Judge shall determine whether to declare the animal to be a vicious animal under this chapter based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, Environmental Services personnel, Animal Control personnel, police or any other person possessing information pertinent to such determination. The Municipal Judge shall issue findings within five (5) working days after the Determination Hearing. DEFENSE TO DECLARATION OF VICIOUS ANIMAL It is a defense to the determination of an animal as V1Cl0US and to the prosecution of the owner of an animal previously declared to be vicious: (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 observed or 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 domestic animal killed was at the time teasing, tormenting, abusing, or assaulting the animal; or (E) If the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; or (F) If the animal was injured and responding to pain. DISPOSITION OF DECLARATION HEARING (A) In the event that the animal is determined to be vicious the Municipal Judge shall order the animal to be euthanized in a safe and humane manner by a veterinarian or at the North Richland Hills Animal Control Shelter by a trained Euthanasia Technician. (B) The Municipal Judge may find that the animal in question "potentially dangerous" but not vicious. If the animal declared potentially dangerous, the owner must adhere to following requirements: is is the (1) The animal must be licensed in accordance with this ordinance; and (2) The potentially dangerous animal must be kept in a proper enclosure; and (3) The owner must present to the Environmental Services Department a Certificate of Public Liability Insurance in the amount of fifty thousand dollars ($50,000) to cover any damages caused by the potentially dangerous animal. The insurance shall be for a twelve (12) month period renewable each year and shall not be cancelled unless the animal is no longer kept by the owner; and (4) The potentially dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the potentially dangerous animal nor interfere with its vision or respiration but shall prevent it from biting any person or other animal; and the potentially dangerous animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand pounds (1,000) and not to exceed six (6) feet in length; and (5) The owner shall post a sign on his/her premises warning that there is a potentially dangerous animal 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 potentially dangerous animal; and (6) The potentially dangerous animal must be spayed or neutered; and (7) The owner must attend a class on responsible pet ownership conducted by the Environmental Services Department. (8) Further identification may be required and designated by the Animal Control Division. (C) If the owner of án animal declared to be potentially dangerous under this Article is unable or unwilling to comply with the ownership requirements listed above, the animal shall be euthanized by the North Richland Hills Animal Control Shelter Euthanasia Technician or a licensed veterinarian. An animal declared to be potentially dangerous under this Article shall not be offered for adoption or sale. (D) In the event the Municipal Judge rules that the animal in question is neither vicious or potentially dangerous, said animal shall be returned to or released to its owner provided that the owner has paid all costs involved in the impoundment, holding, and medical treatment of said animal as well as any other requirements set down in this ordinance. SECTION 8. SECTION 9. NOTIFICATION OF CHANGE OF STATUS The owner/ keeper shall notify the director of Environmental Services Department or his/her designee within twenty-four (24) hours if a potentially dangerous animal is loose, unconfined, has attacked another animal, or has attacked a person, or has died, or has been sold or given away, the owner/keeper shall provide the Director of Environmental Services Department or his/her designee with the name, address, and telephone number of the new owner/keeper. The new owner/keeper must sign a sworn statement that he/she will comply with all of the requirements of owners of potentially dangerous animals. The new owner/keeper must comply with the requirements of owners of potentially dangerous animals within ten (10) days of ownership of potentially dangerous animals. PENALTIES FOR VIOLATION (A) The owner of a dog declared to be V1Cl0US under Section 3 shall be subject to a fine of not less than $200.00 but not more than $2,000.00. (B) It shall be a violation of this chapter for a vicious or potentially dangerous animal to kill or wound, or assist in killing or wounding any domestic animal belonging to or in the possession of any person, or for a vicious animal to attack, assault, bite or otherwise injure any person or assist in attacking, assaulting, biting, or otherwise injuring any person while out of or within the enclosure of the owner whether or not such vicious or potentially dangerous animal was on a leash and securely muzzled or whether the vicious or potentially dangerous animal escaped without fault of the owner. The Animal Control Division is empowered to confiscate and destroy such vicious or potentially dangerous animal in a expeditious and humane manner. In addition, the owner shall be subject to a fine of not less than $200.00 and not more .than $2,000.00. (C) It shall be a violation of this chapter for the owner of a vicious animal to: (1) Fail to have the potentially dangerous animal licensed in accordance with this chapter; or (2) Have a potentially dangerous animal outside the enclosure unless muzzled and restrained on a leash or chain as set out in Section 7; or (3) Fail to have a proper enclosure to confine the potentially dangerous animal; or (4) Fail to post signs around the premises with clear visible warning signs that there is a vicious animal on the premises; or SECTI ON 1. SECTION 2. (5) Fail to secure and maintain public liability insurance of at least $50,000.00 or; (6) Fail to have the vicious animal neutered or spayed; or (7) Fail to attend the class on responsible pet ownership conducted by the Environmental Services Department; or (8) Fail to notify the Environmental Services Department of a change of status as set out in Section 6. If the owner of the vicious of potentially dangerous animal is found to be in violation of any of the above, the owner shall be subject to a fine of not less than $200.00 but not more than $2,000.00. (D) Exemptions The provisions under this enforcement agency where enforcement. section shall not apply to any law an animal is being used for law ARTICLE 7. IN GENERAL VACCINATIONS: 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 ten (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 after a ten (10) day observation period beginning with the date of the bite, scratch, or attack. CERTIFICATE OF VACCINATfON: 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 own e r of the vaccinated dog or cat. (B) The date of vaccination. (C) The type of rabies vaccine used. (D) The year and number of the rabies tag. (E) The breed, age, color, and sex of the vaccinated dog or cat. SECTION 3. SECTION 4. 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 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 issued by the Animal Control Division or their agent upon payment of the required fee for each cat or dog. The license fee for cats and dogs shall be $4.00. Before a City License will be issued, the owner of the cat or dog must present a certificate 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 good for one year from date of issuance. TAG AND COLLAR: Upon payment of the license fee, the City shall issue to the owner a license certificate and metal tag having stamped thereto on 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. REVOCATION OF REGISTRATIONS (A) The Environmental Services Director or his/her designee may revoke any cat or dog registration after a hearing for anyone or more of the following reasons: (1 ) Impoundment ófa cat or dog by the Ci ty more than two (2) times during a twelve (12) month period. (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 registration certificate. (3) Any combination of (1) and (2) totaling (3) incidents. (4) Upon a determination that the cat or dog is a vicious cat or dog, as defined by Article 6. (B) Upon revoking the registration 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 registration revoked shall be kept, maintained, or harbored within the City limits. SECTION 5. SECTION 6. SECTION 7. SECTION 8. REPORTING BITES: Every physician or other medical practitioner who treats a person or persons for any animal bite shall within twelve (12) hours report such treatment to the North Richland Hills Environmental Services Department giving the name, age, sex, and precise location of the bitten 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 North Richland Hills Environmental Services Department stating precisely where such animal may be found. If a known or suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. CONFINEMENT OF DOGS AND CATS (A) Any owned 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 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 North Richland Hills Animal Shelter, or at any veterinary hospital of the owner' choice. Such confinement shall be at the expense of the owner. Stray dogs and cats whose owner cannot be located shall be confined in the North Richland Hills Animal Shelter for a period of three (3) 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 or cat for impoundment, prescribed in this section. Home quarantine as defined in Article 1, Section 1-K may be allowed only in those incidences where permitted by State Law and agreed to by the Animal Control Division. Refusal to produce 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 animal considered "high risk" according to State Law, which bites or scratches 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 Law. 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, dog or cat or pet animal, and who shall allow 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. SECTION 9. SECTION 10. SECTION 11. (B) Any person who shall allow his/her dog or cat to eliminate on the property of another shall be guilty of a misdemeanor. GUARD DOGS. All dogs kept solely for the protection of persons and property, residential, commercial or personal, shall be registered with the North Richland Hills Environmental Services Department. 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 or premises shall be subject to inspection by the Animal Control Division to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent its coming in contact with the public. Said dog shall be issued a tag varying in color from City license tag, so designating that animal's function for a five dollar ($5.00) fee. Said tag shall be attached to the collar or harness of the dog at all times, and shall bear the words "GUARD OR ATTACK DOG". Dogs registered under Section 9 shall not be required to purchase a City License tag as designated in Section 4, but shall be required to comply with the guidelines in Section 4. TAMPERING WITH TRAPS AND EQUIPMENT. No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the Animal Control Division. ANIMAL CARE (A) No owner shall fail to provide his animal(s) with sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. (B) 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. (C) No person shall abandon an animal in his custody (D) No person shall give away any live animal as a prize for, or as a 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. (E) 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. SECTION 13. SECTION 14. SECTION 15. SECTION 16. (F) 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 the prudent 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. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The North Richland Hills Environmental Services Department, 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 had been made to locate the owner of such animal. PENALTY FOR VIOLATION: Any person who violates any of the prOV1S10ns of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed two thousand ($2,000) dollars. 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 and with the effective date of this ordinance. Passed and Approved this 24th day of October ATTEST: , 1988. --- ·1 <:.... Tommy Brown, a(}~ ~~L-{~ Je~~tte Rewis, City Secretary Approved~to form and le~ali ty . -" '- / . /' I .? ..-"C· / ,//L.' =-C,.,i~~^ R~ McEntÎTe, Attorney --------- CITY OF NORTH RICHLAND HILLS Department: Envi ronmenta 1 Serv ices Council Meeting Date: 10/24/88 Subject: Revised Animal Control Ordinance - Ordinance No. 1574 Agenda Number: GN 88-100 In July 1988 an Animal Shelter Advisory Committee was formed. This committee was chaired by Mayor Pro Tern Richard Davis and consisted of all the local veterinarians, Dennis Horvath and Pam Burney. T....~_ ~~~~~++~~ ".,,,,,,.¡:oll"" "'O,dOh/Or! +hø øvic:+inn Animñl r.nntrnl Ordinance and our animal e existing ~ an asterisk. The ing fee structure and Icurs wi th these :ies charge as well as personally appeared Suzanne Vasquez Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas, and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above naroed paper on the following dates: 6232532 10/30/88 CL 008 ANOf,ft~ANSL'ft~1S7~. DINANCE"'W'HïëH GU· LATES THE KEEPI OF AN'MALSWITHIN THE CITY OF NORTH R ICHLAND HILLS,TEXASÜ' DEFINING, TERMS' REG LATION OF 'MPÓÜNDMENT OF DOGS AND CATS; MAKING IT UN· LAWFUL TO PERMIT ANAN· ~,b~..\U~otJ~i~ I TABLISHING AND RËtGU· I LATING AN ANI~L ADOP' Signed j ~~~RNINGK~I~lt:~~S~~ ¡QlJ/? .? ..... '"" f~~\'.§!~l.D AN~~t{ V AND E~ÒÛA~' /iP.V",E!.. Subscribed and sworn to before me, this the 2n ~N~LXt~~~A mAft;R :' REQUIRINfi,. 11ff~1 Notary Public !,/; ~ Î!L~Ít~A~~~ . - LAf,U!i OF'¥mS ORVÓY: ~Nëi"'AND,,"ROVIDING A ~ ¿¿'YW_,'-<7/ tI D~~~~it IslTttmmV B..- . IMvor ATTEST: . .t'fv~.~t'NIS 5't=A\-TO FORM i~~CItY Finance Review Acct. Number Sufficient Funds Available THE STATE OF TEXAS CIT13 County of Tarrant Before me, a Notary Public in and for said County and State, this day Proposed Fees $ 10.00 50.00 100.00 $ 25.00 50.00 100.00 'day 6.00/day 'day 10.00/day îded to repl ace )f vicious and "esearched and some muni ci pa 1 Hies. t that this article is to be to protect ~wed this change and fJiT /<nt~ City anager '- CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 City of J(8rth Richland Hills, Texas PLEASE PUBLISH - October 30, 1988 ORDINANCE NO. 1574 AN ANIMAL CONTROL ORDINANCE WHICH REGULATES THE KEEPING OF ANIMALS WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS; DEFINING TERMS; REGULATION OF IMPOUNDMENT OF DOGS AND CATS; MAKING IT UNLAWFUL TO PERMIT AN ANIMAL TO RUN AT LARGE; PROVIDING FOR FEES; ESTABLISHING AND REGULATING AN ANIMAL ADOPTION PROGRAM; GOVERNING KENNELS; ESTABLISHING REGULATIONS FOR WILD ANIMALS AND ESTRAYS; GOVERNING VICIOUS ANIMALS; REGULATING VACCINATIONS; REQUIRING LICENSING AND REGISTRATION; ESTABLISHING A FINE OF NOT MORE THAN $2,000 FOR VIOLATION OF THIS ORDINANCE AND PROVIDING A SAVINGS CLAUSE. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THE 24TH DAY OF OCTOBER, 1988. ~ ~ May~ ATTEST: ~~ - (1 Y Secretary APPROVED AS TO FORM AND LEGALITY: ~ 'Irk trvtzrlG Attorney for the City (817) 281"( 04117301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76180