HomeMy WebLinkAboutOrdinance 3235 ORDINANCE NO. 3235
AN ORDINANCE AMENDING CHAPTER 14 AND APPENDIX A OF THE
CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS; PROVIDING FOR THE REGULATION OF ANIMALS,
INCLUDING DANGEROUS DOGS; ESTABLISHING FEES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council finds that the current ordinance regulating animals,
including dangerous dogs, should be amended and clarified; and
WHEREAS, Chapter 822 of the Texas Health and Safety Code provides for the
regulation of dangerous dogs and dogs that cause the death or serious
bodily injury to a person; and
WHEREAS, Chapter 822 allows municipalities to place additional and more stringent
requirements on dangerous dogs, provided such requirements on
dangerous dogs are not breed specific; and
WHEREAS, the City Council finds that regulations addressing these concerns are in
the best interest of the health, safety and welfare of the citizens of North
Richland Hills, Texas; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
Section 1: Chapter 14 of the Code of Ordinances of the City of North Richland Hills,
Texas is hereby amended to read as follows:
"ARTICLE I. - IN GENERAL
Sec. 14 -1. - Purpose.
The animal regulations as herein established have been made for the purpose of
promoting the health, safety, morals and general welfare of the City. This chapter
contains standards regulating the use, type, location, maintenance, registration,
confinement, euthanasia and harboring of certain animals. The intent of the regulations,
prohibitions, and provisions is to protect values within the City, to enhance the quality of
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life of persons, pets, and other animals, and to protect the general public from damage
and injury that may be caused by unregulated animals.
Sec. 14 -2. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Adequate shelter means a structure that provides the animal with protection from the
elements and shall include but not limited to (3) three secure sides attached to a secure
roof and floor. The floor shall be such to provide the animal additional protection from
the elements.
Animal means a living creature, including but not limited to any stray or feral cat or dog,
or wild living creature previously captured.
Animal adoption and rescue center means a facility designated and operated by the City
for the purpose of impounding and caring for animals held under authority of this
chapter.
Animal dealer means any person engaging in the business of buying and /or selling any
animal or animals for the purpose of resale to pet shops, research facilities, another
animal dealer, or to any other individual or individuals other than the sale of an
occasional litter or animal on a random basis, including the sale of any animal from any
roadside stand, booth, flea market, internet site or other temporary site. Persons buying
or selling animals for, and destined for, human consumption, are not included in this
definition.
Boarding /riding stables means 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.
Boarding kennel or cattery means any establishment where dogs, cats, puppies, or
kittens are kept for the primary purpose of boarding for any part of a 24 -hour period.
This does not include veterinary clinics where boarding is offered in addition to clinical
services or grooming facilities where boarding is not offered overnight.
Breeder means any person engaged in the business of breeding those animals for
direct or indirect sale or exchange in return for considerations and the person sells,
exchanges or offers to sell more than 10 animals in a calendar year.
Class A kennel or cattery means any establishment where dogs and /or puppies or cats
and /or kittens are kept for the primary purpose of breeding, buying or selling such
animals and which establishment is so constructed that the dogs, puppies, cats and /or
kittens cannot escape or cause a nuisance to the community. License shall apply to up
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to five dogs or cats and shall require an additional Class A kennel or cattery license for
each increment of up to five dogs or cats. Dependent on the approval of the
neighborhood services director or their designated agent, there may be limitations on
number of animal housed on premises.
Class 8 kennel or cattery means any establishment where dogs, puppies, cats, or
kittens are kept for the primary purpose of showing (including, but not limited to, field
trial competition, hunting trial competition, herding competition, conformation and
obedience competition) and which establishment is so constructed that the dogs,
puppies, cats and kittens cannot stray therefrom. The primary purpose shall be
determined by verifying the participation of one or more of the housed animals in a
sanctioned competition in the preceding 12 months. The license shall apply to up to five
animals. Animals in excess of five shall be licensed individually.
Class C kennel means any establishment where dogs or puppies are kept for the
primary purpose of training for guard, sentry, field, or obedience, whether gratuitously or
for a fee. A Class C kennel may also offer boarding services if the boarding occurs at
the same location with no additional boarding kennel license required.
Class D non profit rescue permit means any establishment where dogs and /or puppies
or cats and /or kittens are kept for the primary purpose of adoption through an
established rescue /placement group and which establishment is so constructed that the
dogs, puppies, cats and /or kittens cannot escape or cause a nuisance to the
neighborhood. License shall apply to up to ten dogs or cats and shall require an
additional Class D non profit rescue permit for each increment of up to ten dogs or cats.
Dependent on approval of neighborhood services director or their designated agent,
there may be limitations on number of animals housed on premises.
Collar means any collar constructed of nylon, leather, or similar materials, specifically
designed to be used for a dog, cat or ferret.
Dangerous animal means 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 state department of health. A dangerous animal
includes any hybrid animal or any pet wildlife which has attacked a human, killed or
maimed a domestic animal or a permitted restricted animal as referred to in article VIII
of this chapter, or which is apprehended or observed unrestrained. However, this
definition shall not apply to dangerous dogs as addressed in article VII of this chapter.
"Dangerous dog is a dog that:
(1) Makes an unprovoked attack on a person, pet animal, livestock or other
animal that causes bodily injury and occurs in a place other than an
enclosure in which the dog is being kept and that was reasonably certain
to prevent the dog from leaving the enclosure on its own; or
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(2) Commits unprovoked acts in a place other than an enclosure in which the
dog was being kept that was reasonably certain to prevent the dog from
leaving the enclosure on its own, and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury to that
person, their pet, livestock or fowl."
Domestic animal means 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.
Estray means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack,
jennet, hog, pig, sheep, goat, confined and domesticated hares and rabbits, or any
species of cattle.
Exotic livestock/ratites means any species classified as exotic livestock by the state
animal health commission.
Exotic species means any animal born or whose natural habitat is outside the
continental United States excluding nonvenomous reptiles and fish.
Financial Responsibility means financial documents showing $100,000 or more in cash
to cover damages resulting from an attack by the dangerous dog.
Foster means a person who is entrusted with the care and wellbeing of an animal from
the animal adoption & rescue center, an animal shelter or a rescue /placement group
until the animal can be adopted.
Fostered animal means any animal placed in the temporary custody of the adopter until
the animal is deemed ready to be surgically altered, vaccinated and adopted. The
animal remains the property of the organization from which it is being fostered from.
Fowl means all of those birds commonly called poultry, including but not limited to
chickens, turkeys, geese, ducks, doves, guineas, swans, peafowl, pigeons and all the
relatives of those birds which can be kept in pens, coops, cages or enclosure of any
kind.
Harboring means 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 days or longer.
Humane officer means a person designated by the City as the primary enforcement
officer of ordinances regulating animals and owners of animals and for the enforcement
of sections of the state statutes pertaining to the care and control of animals.
Local Rabies Control Authority (LRCA) means the position determined by City Council
to among other duties enforce local and state rules /ordinances that comprise the
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minimum standards for rabies control and enforce the rules for rabies quarantine as
provided in Section 826.045.
Livestock animal means cattle, sheep, swine or goats commonly raised for human
consumption; a horse, pony, mule, donkey, or hinny; native or nonnative hoofstock
raised under agriculture practices.
Multiple cat household means a private owner of more than four cats kept exclusively
indoors as companion animals and no dogs. All cats must have valid rabies
vaccinations. Permit is required.
Multiple pet household means a private owner of more than three cats and two dogs or
two cats and three dogs where all conditions set out in article XIV, division 4, of this
chapter are met. Permit is required.
Owner means any person who; owns, has lawful custody or control of an animal.
Pet animal means, and shall include dogs, cats, rabbits, rodents, birds, nonpoisonous
reptiles, and other species of animals which are sold or retained as household pets but
shall not include skunks, ferrets, nonhuman primates, and any other species of wild,
exotic, or carnivorous animals that are susceptible to rabies, but not animals that may
be vaccinated for rabies, and that may be further restricted in this chapter.
Pet shop means any person or establishment in the business of breeding, buying,
selling at retail or as a broker of animals of any species for profit- making purposes.
Poultry means all domesticated foul and all game birds which are legally kept in
captivity except those classified as exotic livestock /ratite as defined above.
Proper enclosure means a house or a building, or structure /pen. The structure /pen
must also have minimum dimensions of five feet by ten feet. The 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, a secured top and the structure /pen must be attached to a concrete
slab to prevent the dangerous dog from escaping from the enclosure. The structure /pen
shall provide adequate shelter and protection from the elements for the animal. The
structure /pen must also be enclosed within a secure fence of at least six feet in height
and of durable construction. The humane division may require additional
accommodations if the need is demonstrated.
Properly fitted means, with respect to a collar, a collar that measures the circumference
of an animal's neck plus at least one inch as to prevent escape from the collar.
Quarantine by owner. Following are required:
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(1) Animal must be inside an enclosed structure, i.e., house or garage and
must remain there for ten days.
(2) If maintained outside, animal must be behind a fence from which it cannot
escape from or inside a covered pen or kennel from which it cannot
escape.
(3) Animal must be kept away from other animals and people except those in
the immediate household.
(4) Animal may not be removed from the corporate city limits while under
quarantine.
(5) Owner shall notify the humane division immediately if the animal becomes
sick or displays any behavioral changes, dies or disappears.
(6) Owner shall not subject the animal to any medical procedure without first
notifying the humane division, this too includes any vaccination.
Rabies vaccination means the vaccination of a dog, cat or ferret with an anti - rabies
vaccine approved by the state department of health and administered by a veterinarian
licensed by the state.
Rescue /placement group means an organization dedicated to pet adoptions where
animals among other requirements are surgically altered and vaccinated as part of the
adoption process.
Restraint means a chain, rope, tether, leash, cable, or other device that attaches to an
animal to keep an animal from running at large. Invisible fencing, remote control collars,
voice commands are not recognized as proper restraints for animals.
Running at large. An animal shall be considered running at large:
(1) Off premises. Any animal which is not restrained by means of a leash,
chain, or other physical apparatus of sufficient strength and length to
control the actions of such animal while off premises.
(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.
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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.
Serious injury means 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 an injuring animal.
Severe attack means an attack in which the animal repeatedly bites or vigorously
shakes its victim, and the victim, or a person intervening, has extreme difficulty
terminating the attack.
Stray animal means 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.
Theatrical exhibition means any exhibition or act featuring "performing animals." Such
exhibitions shall not include resident or nonresident dog and cat shows which are
sponsored and /or sanctioned by the humane division, American Kennel Club, the
United States Kennel Club, the Cat Fanciers Association, American Cat Fanciers
Association, or any affiliate thereof, nor shall it include any primary horse show.
Unprovoked means, with respect to an attack by an animal, 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.
Veterinarian means any practitioner of veterinary medicine licensed by the state to
practice in the state.
Wild animal means an animal which retains its wild nature or is not normally considered
domesticated including, but not limited to, the following:
(1) Class Reptilia: Family Helodermatidea (the venomous lizards); family
Viperidea (rattlesnakes, pit vipers and true vipers); family Elapidae (coral
snakes, cobras and mambas); family Colubridae Dispholidus typus
(boomslang); Cyclagras gigas (water cobra) and Boiga dendrophila
(mangrove snake) only; order Phidia (racers, boas, water snakes and
pythons); order crocodilia (crocodiles, alligators, caimans and gavials);
(2) Class Aves: Order Falconiforms (such as hawks, eagles and vultures) and
subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);
(3) Class Mammalia: Order Carnivora, family Felidae (such as ocelots,
margays, tigers, jaguars, leopards and cougars), except commonly
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accepted domesticated cats; the family Canidae (such as wolves, dingos,
coyotes and jackals), except domesticated dogs; family Mustelidae (such
as weasels, martins, mink, badgers); family Procyonidae (raccoon); family
Ursidae (such as bears); order Marsupialia (such as kangaroos and
common opossums); order Edentata (such as sloths, anteaters and
armadillos); order Proboscidea (elephants); order Primata (such as
monkeys, chimpanzees and gorillas); order Rodentia (such as
porcupines); and order Ungulata (such as antelope, deer, bison, and
camels);
(4) Class Amphibi: Poisonous frogs. Does not include non - poisonous
reptiles or non - poisonous snakes;
(5) Spiders: Brown recluse (loxosceles) and black widow (latrodecus)
spiders.
Wildlife means any animal which occurs naturally in a wild state. The term "wildlife"
includes any animal which is part wild.
Sec. 14 -3. - Keeping of bees; penalty.
(a) Keeping bees generally. No person shall keep or maintain bees in this city within
300 feet of any residence including that of the owner.
(b) Penalty. Any person violating any portion of this section shall be deemed guilty of
a misdemeanor and fined as provided in § 1 -13.
ARTICLE II. - ANIMAL ADOPTION AND RESCUE
CENTER ADVISORY COMMITTEE
Sec. 14 -31. - Created; composition.
Pursuant to Texas Animal Shelter Act, V.T.C.A., Health and Safety Code § 823.005 et
seq., there is hereby created the animal adoption and rescue center advisory
committee. The animal adoption and rescue center advisory committee shall be
composed of one licensed veterinarian, one city official, one person whose duties
include the daily operation of the City animal adoption and rescue center and one
representative from an animal welfare organization.
Sec. 14 -32. - Appointment.
The appointees appointment, etc., shall be as provided in section 2 -121 et seq.
Sec. 14 -33. - Functions.
The animal adoption and rescue advisory committee shall perform the functions set out
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in V.T.C.A., Health and Safety Code § 823.005 et seq., and recommend policy to the
City staff for operation of the City animal adoption and rescue center.
ARTICLE III. — LICENSE
Sec. 14 -61. - Rabies vaccination.
(a) Required. As required by 25 TAC 169.29(a), every owner of a dog cat, or ferret
shall have the animal vaccinated against rabies by the time such animal is four
months of age.
1. Dogs and cats must receive a rabies booster within the 12 -month interval
following the initial vaccination. If such booster was with a triennial
vaccine, such dog or cat must thereafter be revaccinated within 36 months
of the previous vaccination. If such booster was with an annual vaccine
the dog or cat must be revaccinated within 12 months. Dogs and cats shall
be revaccinated thereafter within 36 months if the previous vaccination
was with a triennial rabies vaccine, or within 12 months if the previous
vaccination was with an annual rabies vaccine.
2. Ferrets must receive a rabies booster within the 12 -month interval
following the initial vaccination and revaccinated annually thereafter.
(b) Exemptions to vaccination. According to the Center of Disease Control no rabies
vaccines are licensed for use in wild animals or hybrids. The American
Veterinary Medical Association do not recommend wild animals or hydrids as
pets.
(c) Requirement for new residents. Any person establishing residence within the City
shall comply with this chapter within ten days of establishing such residency.
(d) Exception for quarantined dogs, cats or ferrets. If an unvaccinated dog, cat or
ferret inflicts a bite or scratch or otherwise attacks any person within the City
limits, a rabies vaccine shall not be administered to the dog, cat or ferret until that
animal is released from quarantine.
Sec. 14 -62. - Certificate of vaccination.
Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog, cat
or ferret as evidence thereof, a certificate of vaccination. The veterinarian shall retain a
duplicate copy of the certificate, and one copy shall be filed with the owner. Such
certificate shall contain the following information:
(1) The name, address and telephone number of the owner of the vaccinated
animal,
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(2) The date of vaccination;
(3) The vaccine used - product name, manufacturer, and serial number;
(4) The year and number of the rabies tag;
(5) The revaccination due date;
(6) The animal identification - species, sex (including neutered if applicable),
approximate age, size (pounds), predominant breed, and colors; and
(7) The veterinarian's signature, signature stamp, or computerized signature,
plus address and license number.
Sec. 14 -63. - Rabies tag.
Concurrent with the issuance and delivery of the certificate of vaccination, the owner of
the dog, cat or ferret 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. Such tag shall at all times be
securely attached to a collar or harness around the neck of the animal.
Sec. 14 -64. - License required.
All dogs, cats or ferrets three months of age or older which are kept, harbored, or
maintained as a companion animal within the corporate limits of the City shall be
licensed. Dog, cat and ferret licenses shall be provided by the humane division or tier
agent upon payment of the required fee for each dog, cat and ferret. Before a city
license will be issued, the owner of the dog, cat or ferret must present a certificate from
a licensed veterinarian showing that said dog, cat or ferret has been vaccinated for
rabies within the preceding 12 months. The owner shall state his name and address,
and the breed, color and sex of the dog, cat or ferret to be licensed. Said license shall
be valid for one year from date of issuance and renewed annually thereafter.
Sec. 14 -65. - Fees.
A yearly license fee as set out in Appendix A shall be paid.
Sec. 14 -66. - 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 humane division or its agent upon
presentation of the receipt showing the payment of license fee for the calendar year.
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Tags shall not be transferable from one animal to another, no refunds shall be made.
Sec. 14 -67. - Guard dogs.
All dogs which are professionally trained and kept solely for the protection of persons
and property, residential, commercial or personal, shall be permitted from the animal
adoption and rescue center. The area or premises in which such dog is confined shall
be conspicuously posted with warning signs bearing letters not less than two inches
high, stating "GUARD DOG ON PREMISES." Said area of premises shall be subject to
inspection by the humane 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. The dog shall be issued a tag by the humane division, varying in color from the
license tag, and a fee shall be charged. 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 chapter.
Sec. 14 -68. - Revocation of license.
(a) Reasons for revocation. The director of the department of neighborhood services
or his agent or as otherwise designated by the City Manager may revoke any
dog, cat or ferret license after a hearing for any one or more of the following
reasons:
(1) Impoundment of a dog, cat or ferret by the humane division more than two
times during a 12 -month period;
(2) More than two final convictions of a person for violating this article when
such convictions relate to the dog, cat or ferret which is being considered
for revocation of its license certificate; or
(3) Any combination of (1) and (2) totaling three incidents.
(b) Notification. Upon revoking the license of any dog, cat or ferret the humane
division or as otherwise designated by the City Manager shall notify the owner of
the dog, cat or ferret 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 dog, cat or ferret's owner is deposited in the U.S.
mail.
(c) Removal of dog, cat or ferret from city. Upon the expiration of the ten days after
written notification of revocation is deposited in the U.S. mail, as provided above,
no dog, cat or ferret which has had its license revoked shall be kept, maintained,
or harbored within the City limits, and each 24 -hour period shall constitute a
separate violation.
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Sec. 14 -69. - Authority to conduct license verification programs.
The humane division or as otherwise designated by the City Manager 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.
Sec. 14 -70. - Late fee.
For the purpose of this chapter, a late fee may be assessed under the following
conditions:
(1) A failure to obtain a license for a dog, cat or ferret within 30 days of that
animal reaching three months of age.
(2) Failure to renew license within 30 days of expiration of current license.
(3) Failure to obtain license within 30 days of the animal taking up residence
in the City.
Sec. 14 -71. - Violation notice.
Where violations of the licensing and /or rabies vaccination requirements of this chapter
are observed, any humane officer may issue a violation notice in lieu of a citation. The
violation notice will stipulate a compliance date and associated fee and late fee, as well
as a waiver provision providing that the person to whom the violation notice is issued
waives all rights to protest such violation and waives all rights to a hearing on the issues
relating to that violation. All associated fees and late fees shall be paid to the humane
division. Failure to pay associated fees and /or late fees and failure to waive rights by the
compliance date shall constitute a violation of this chapter and may result in the
issuance of a citation.
ARTICLE IV. - RABIES CONTROL
Sec. 14 -101 Report by physician or medical practitioner.
Every physician or other medical practitioner who treats a person or persons for any
animal bite or scratch or any person having knowledge of an animal bite or scratch shall
within 12 hours report such treatment to the humane 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.
Sec. 14 -102. - 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
local rabies control authority (LRCA) or as otherwise designated by the City Manager
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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.
Sec. 14 -103. - Quarantine of dogs, cats and other animals.
(a) Dogs, cats and ferrets. Any owned dog, cat or ferret which has bitten or
scratched a person shall be observed for a period of 240 hours from the time of
the bite or scratch. The procedure and place of observation shall be designated
by the investigating officer or responsible agency, in compliance with state law. If
the dog, cat or ferret is not confined on the owner's premises, confinement shall
be by impoundment in the animal adoption and rescue center, or at a veterinary
hospital of the owner's choice, within a ten -mile radius of the City. Such
confinement shall be at the owner's expense. Stray dogs, cats or ferrets whose
owner's cannot be located shall be confined in the animal adoption and rescue
center for a period of four (4) business days and if unclaimed may 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, cat or ferret
that has been reported to have inflicted a bite on any person shall, on demand,
produce said dog, cat or ferret for impoundment, as prescribed in this article.
Home quarantine as defined in section 14 -2, may be allowed only in those
incidents where permitted by state law and agreed to by the LRCA. Refusal to
produce said dog, cat or ferret constitutes a violation of this section and each day
of such refusal shall constitute a separate and individual violation.
(b) Wild, exotic or dangerous animals. Any wild, exotic or dangerous animal as
defined in section 14 -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 law.
Sec. 14 -104. - Local rabies control authority.
As required by Section 826.017 Texas Health and Safety Code, the humane division
supervisor is hereby designated as the local rabies control authority.
ARTICLE V. — MISCELLANEOUS
Sec. 14 -131. - Creating a health hazard.
(a) Generally. Any person who shall harbor or keep on his premises, or in or about a
premises under his control, an animal and who allows his premises to become a
hazard to the general health and welfare of the community, or who shall allow his
premises to give off obnoxious or offensive odors due to the activity or presence
of such animals, shall be guilty of a misdemeanor.
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(b) Removal of animal waste from public property or property of another. Any person
who shall allow his animal to eliminate on public property or the property of
another and does not remove same immediately shall be guilty of a
misdemeanor.
Sec. 14 -132. - Tampering with traps and equipment.
No person shall remove, alter, damage or otherwise tamper with a trap or equipment
belonging to or set out by the humane division. All traps must be humane, commercially
designed so they can be safely serviced by the animal control officer.
Sec. 14 -133. - Authority to destroy injured /diseased animals.
The humane division or a authorized representative, or as otherwise designated by the
City Manager 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.
Sec. 14 -134. - 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 deemed committed upon each
day during or on which such violation occurs or continues.
ARTICLE VI. - ANIMAL CARE
Sec. 14 -161. - Duty to provide care.
No owner shall fail to provide an animal in his care with sufficient good and wholesome
food or clean water, adequate shelter as defined in Sec 14 -2, protection from weather,
veterinary care when needed to prevent suffering, and with humane care and treatment.
Sec. 14 -162. - Cruel treatment.
No person shall unreasonably abandon, deprive of necessary food, care, or proper
shelter, beat, cruelly ill- treat, torment, mentally abuse, overload, overwork, or otherwise
abuse an animal, or cause, instigate, or permit any dog fight, cock fight, butt fight, or
other combat between animals or between animals and humans.
Sec. 14 -163. - Abandonment.
No person shall abandon an animal in his custody.
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Sec. 14 -164. - 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.
Sec. 14 -165. - 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.
Sec. 14 -166.a - Poisonous substance
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.
Sec. 14 -166.b — Inhumane traps
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 the proper use of humane
box traps.
Sec. 14 -167. - Theatrical exhibits.
All theatrical exhibits as defined herein shall, in addition to other requirements of this
chapter, comply with the minimum standards of this section. Facilities shall be subject to
inspection by a humane officer upon his request during reasonable hours.
(1) 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.
(2) Each enclosure shall be maintained in comfortable and healthy
temperature levels as well as adequate ventilation.
(3) Exhibit areas shall not be on a surface as to cause animals undo stress
and pain to animals such as but not limited to hot asphalt, muddy
conditions, etc.
(4) 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.
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(5) 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.
(6) No animal shall be caused to fight, wrestle or be physically matched
against any other animal or person.
(7) No animal shall perform or be displayed in any dangerous situation
presenting the danger of physical injury to the animal or person.
(8) The humane division must be notified of all displays or performances,
including date, time and exact location at least 48 hours in advance of a
display or performance.
(9) No dog or cat may be killed for the purposes of human consumption or for
its fur within the City limits. No domestic animal may be killed for human
consumption in such a manner as to disturb the sensibilities of
neighboring residences.
(10) No prohibited, restricted or wild animal will be permitted to be exhibited
without proper documentation from appropriate state and federal
agencies.
Sec. 14 -168. - Removal of animal in immediate danger.
Any animal observed by a police officer or humane officer or as otherwise designated
by the City Manager to be in immediate danger may be removed from such situation by
the quickest and most reasonable means available.
"ARTICLE VII. DANGEROUS DOGS
Section 14 -201 - Nuisance declared.
It is hereby declared to be a public nuisance for an owner or other person to harbor,
keep, or maintain a dangerous dog as defined in section 14 -2 of this chapter in the City
unless the owner complies with the requirements of this article and state statutes
regulating dangerous dogs. It is hereby declared to be unlawful and a public nuisance
for an owner or other person to harbor, keep, or maintain in the City or bring into the
City a dog which has been declared dangerous under one (1) or more of the following:
(1) Chapter 822 of the Texas Health and Safety Code;
(2) a local law or ordinance adopted in accordance with Chapter 822 and
governing dangerous animals; or
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(3) a statute or ordinance that is substantially similar to Chapter 822 and that was
adopted by a political subdivision outside of the State of Texas.
Section 14 -202 - Determination of a dangerous dog
(a) A dog is determined to be a dangerous dog if it meets the requirements found in
section 14 -2, "dangerous dog ", and
(1) The owner of the dog knows of such an attack as defined in this article; or
(2) A person reports a dangerous dog incident as defined in section 14 -2 to
the humane division or to the police department and provides an adult
statement in writing made under oath before an individual authorized by
law to take sworn statements or made at the animal adoption & rescue
center before a certified humane officer, setting forth an act described in
section 14 -2 and set forth as follows:
(a) Nature and the date of the act described in section 14 -2; 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; or
(3) The humane division has been notified by another agency that the dog
has been determined to be dangerous under the state law or applicable
ordinance of the notifying city.
(b) The humane officer and the director of neighborhood services shall evaluate the
case and determine whether the dangerous dog determination should apply.
Section 14 -203 - Notification of Dangerous Dog Determination
(a) The humane officer shall furnish written notice to the owner that the dog has
been deemed dangerous. Notice shall be given by registered, certified mail,
regular mail or hand delivery to the owner of the dog. If the owner cannot be
located, notice shall be delivered to any adult at the dog owner's last known
physical address or to any adult at the residence where the dog is believed to be
kept, if at a location different than the owner's physical address.
(b) An owner, not later than the 10 day after the date the owner is notified that a
dog owned by the owner is a dangerous dog, may appeal the determination of
the humane officer and director of neighborhood services to municipal court or as
otherwise allowed by law. If an owner appeals the determination of the humane
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officer or director of neighborhood services, a hearing shall be held pursuant to
section 14 -204.
(c) The humane officer may seek a determination by the court that a dog be
determined to be a dangerous dog and that the court consider ordering
euthanizing the dog or microchipping and banning the dog from the city.
Section 14 -204 - Hearing for dangerous dog determination.
(a) The court, on receiving a report that an owner of a dangerous dog has not
complied with section 14 -206 or a request for a determination under Section 14-
203(c) or an appeal pursuant to section 14 -202 shall set a time for a hearing to
determine whether the dog is a dangerous dog or whether the owner has
complied with section 14 -206, or whether the dog should be determined to be
dangerous and the action to be ordered. The hearing must be held not later than
the tenth day after the date on which the dog is seized or delivered or notice is
given to the owner pursuant to section 14 -202.
(b) The court shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or the person from whom the dog was seized;
(2) The person who made the complaint; and
(3) Any witnesses including the Humane Division.
(c) Any interested party, including the City attorney, is entitled to present evidence at
the hearing.
(d) The court, after determining that the dog is a dangerous dog or determining that
the owner of the dangerous dog has failed to comply with the requirements of
section 14 -206 or any order of the court, shall order the humane officer to
impound or continue to impound the dangerous dog in secure and humane
conditions until such time as:
(1) The court orders disposition of the dog and the dog is returned to the
owner to be maintained as provided in section 14 -206,
(2) The court orders disposition of the dog and the dog is thereby humanely
destroyed,
(3) The court orders disposition of the dog and the dog is microchipped and is
removed from the City; or
(4) The dog is deceased.
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(e) The owner may appeal the decision of the court by following the appropriate
procedures for appeal of a decision of municipal court. During the appeal period,
the dog shall remain in the custody, care and control of the humane division. If
the appeal is ultimately unsuccessful, the owner of the dog shall be responsible
for the dog's impoundment fees during the period the case was being appealed.
(f) The court shall issue its ruling within twenty -four (24) hours from the conclusion
of the hearing.
Section 14 -205 - Failure to surrender dog
It shall be a separate violation of this article for any person to refuse or fail to surrender
a dog subject to this article, or harbor, hide or secret, transport or secure the transport
of a dog subject to this article, for the purpose of preventing its impoundment.
Section 14 -206 - Requirements for owners of a dangerous dog.
(a) Not later than the fifteenth day after a person learns that the person is the owner
of a dangerous dog, the person shall:
(1) Register the dangerous dog with the humane officer and pay an annual
registration fee of six hundred dollars ($600.00).
(2) Restrain the dangerous dog at all times on a leash of sufficient strength to
restraint the dog in the immediate control of a person or in a proper
enclosure as defined in section 14 -2 of this chapter with the requirement
that the enclosure be posted with signs, that may be purchased at the
Humane Division, on all sides in four -inch letters capable of being read
from the public street or highway warning of the presence of dangerous
dog and shall include a symbol of dangerous dogs understandable by
young children;
(3) Obtain and maintain liability insurance coverage or show financial
responsibility in an amount of at least one hundred thousand dollars
($100,000.00) to cover damages resulting from an attack by the
dangerous dog causing bodily injury to a person and provide proof of the
required liability insurance coverage or financial responsibility to the
humane division each year at the time of annual registration or upon
request.
(4) Secure the dangerous dog with a muzzle in a manner that will not cause
injury to the dog nor interfere with its vision or respiration but shall prevent
it from biting any person or dog when the dangerous dog is taken off the
property of the owner for any reason;
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(5) Provide the dangerous dog with a fluorescent orange or yellow collar, that
may be purchased at the humane division, with the word "danger"
inscribed on the collar to be worn by the dog at all times and to be visible
at fifty (50) feet in normal day light so that the dog can be identified;
(6) The dog shall be spayed or neutered prior to being returned to the owner
and the cost of the service shall be at the owner's expense; and
(7) The humane officer shall implant a microchip identification device on the
dog immediately after the court has ruled in a hearing pursuant to section
14 -204 that such dog is dangerous. The dog's microchip shall be
registered with a national registry. The cost of the service shall be at the
owner's expense; and
(8) The owner shall agree to be inspected annually or more frequently at the
humane officer's discretion to determine compliance with this section or
any order of the court as applicable.
(b) The owner of a dangerous dog shall notify the humane officer within twenty -four
(24) hours if the dangerous dog is at large, unconfined, has attacked a human
being or another animal, has died, or has been sold or given away.
(c) If an owner of a dangerous dog that is required to be registered moves the dog to
a new address, the owner, not later than the fifth business day after the date of
the move, shall notify the humane division of the new address and shall be
subject to inspection by the humane division if the new address is located within
the City of NRH.
(d) If an owner of a dangerous dog that is required to be registered sells the dog or
gives the dog to a new owner, the dangerous dog is no longer permitted to reside
in the City limits of the City of North Richland Hills.
(e) Dogs declared dangerous by another jurisdiction are not permitted to reside in
the City limits of the City of North Richland Hills.
Section 14 -207 - Proof of Compliance
(a) Humane Division may, in their discretion, may request the owner of a dangerous
dog to show proof, on a quarterly basis, of compliance with this article. If the
humane division determines that the owner of a dangerous dog has failed to
comply with any requirement listed in section 14- 206(a), the humane officer shall
issue notice of non - compliance to the owner of the dangerous dog and said
owner shall deliver the dog immediately to the humane officer.
(b) If the humane officer is not in receipt of the dog immediately after delivery of the
notice, then the court shall order the humane officer or his designee to seize the
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dog and the court shall issue a warrant authorizing the seizure. The humane
officer shall seize the dog and shall provide for the impoundment of the dog in
secure and humane conditions. After the expiration of three (3) days, if the owner
of the dangerous dog has not sufficiently presented proof to the humane officer
that he or she is in compliance with subsection (a), the humane officer shall refer
the case to the municipal court for notice and hearing.
(c) Upon proof to the court of the dangerous dog owner's non - compliance, the court
shall enter, no later than the day of the hearing, a final order for the humane
destruction of the dog or an order for the removal of the dog from the City.
(d) The owner shall pay all costs and or fees assessed by the municipality related to
the seizure and impoundment of the dog, including, but not limited to, boarding
fees, microchip procedure, city license and rabies vaccination.
Section 14 -209 Attack by a dangerous dog
(a) A person commits an offense if the person is the owner or harborer of a
dangerous dog and the dog makes an unprovoked attack on a person or another
animal outside the dog's enclosure and causes bodily damage to the person or
other animal.
(b) If a person is found guilty of an offense under this section, the court may order
the dangerous dog destroyed by the humane division or a licensed veterinarian.
(c) In addition to criminal prosecution, a person who commits an offense under this
section is liable for a civil penalty not to exceed ten thousand dollars
($10,000.00). The City attorney may file suit in a court of competent jurisdiction to
collect the penalty. Penalties collected under this subsection shall be retained by
the City.
(d) Nothing in this ordinance should be construed to prohibit a victim or victim's
family from filing a claim against the owner of a dangerous dog or any dog, cat,
or ferret that inflicts injury upon a person, their pet animal, livestock or fowl.
Section 14 -210 - Violations.
(a) A person who owns or keeps custody or control of a dangerous dog commits an
offense if the person fails to comply with any section of this article;
(b) An offense under this section is a Class C misdemeanor.
Section 14 -211 - Defenses.
(a) It is a defense to prosecution under this article that the person is a veterinarian, a
peace officer, a person employed by a recognized animal shelter or person
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employed by the state or a political subdivision of the state to deal with stray
animals and has temporary ownership, custody or control of the dog; provided,
however, that for any person to claim a defense under this section, that person
must be acting within the course and scope of his or her official duties with
regard to the dangerous dog.
(b) It is a defense to prosecution under this article that the person is an employee of
the institutional division of the Texas Department of Criminal Justice or of a law
enforcement agency and trains or uses dogs for law enforcement or corrections
purposes; provided, however, that for any person to claim a defense under this
section, that person must be acting within the course and scope of his or her
official duties with regard to the dangerous dog.
(c) It is a defense to prosecution under this article that the dog at issue is a trained
guard dog in the performance of official duties while confined or under the control
of its handler.
ARTICLE VIII. - WILD /EXOTIC /DANGEROUS ANIMALS
Sec. 14 -251. - 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.
Sec. 14 -252. - Prohibited animals.
No person may possess a venomous reptile, elephant, rhinoceros, skunk, raccoon, fox,
coyote, bat, lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval,
caracal, hyena, bear, jackal, lesser panda, binturong, non -human primate, 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 in V.T.C.A., Health and
Safety Code § 822.101 et seq.
Sec. 14 -253. - Restricted animals.
No person may possess any individual species or subspecies of the following without a
permit issued through the humane division; miniature pig not to exceed 120 pounds in
weight and twenty (20) inches in shoulder height shall be registered with the humane
division and shall meet all requirements set out in section 14- 255(2).
Sec. 14 -254. - Nonvenomous reptiles.
No person may possess any individual species or subspecies of any of the following
animals without a permit issued through the humane division; nonvenomous reptiles
shall be registered with the humane division and shall meet all requirements set out in
section 14- 255(2).
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Sec. 14 -255. - Permit requirement for restricted animal ownership.
Any person who wishes to possess a restricted animal in the City limits must:
(1) Apply for said permit at the animal adoption and rescue center and provide the
following information and documentation:
a. 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 humane division. Such certification shall include:
1. Certification that the animals been spayed or neutered.
2. List of types and dates of vaccinations — to include in the case of
miniature pigs erysipelas, parvo virus and leptospirosis.
3. Recent description of animal giving the age, weight and height.
b. Copies of applicable state or federal permits or license as required by
either of those entities for the keeping of the particular animal in question.
These copies will be retained by the humane division.
C. Information relating to the owner including emergency telephone numbers
and telephone numbers for their veterinarian in case of emergencies.
d. Present proof of liability insurance or financial responsibility in the amount
of $100,000.00 to cover the damages resulting from an escape and /or
attack by the animal to be permitted.
e. Owner has attended a course approved by the humane division in the
care and maintenance of the animal in question and presents proof of
satisfactory completion to the humane division.
(2) Before a permit is issued the humane division or as otherwise designated by the
City Manager shall inspect the facility where the animal is to be kept, which must
meet the following criteria:
a. Each enclosure must provide adequate exercise area and sleeping
quarters.
b. Proper temperature control and ventilation for the particular species must
be provided in both areas.
C. Each enclosure must be kept locked and designed so that no one can
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enter or place appendages in the enclosure.
d. Each enclosure must be constructed so as to prevent the animal from
escaping.
e. Each enclosure must be kept in good repair to prevent both escape and
injury to the animal.
f. Each enclosure must have a water container which is secured so as to
prevent its being overturned.
g. Each enclosure must be cleaned daily.
(3) There shall be a maximum of two miniature pigs on the property.
(4) Owners keeping permitted restricted animals shall maintain them as inside pets.
Miniature pigs shall be permitted outside for brief periods in order to exercise or
for the elimination of waste. This outside area shall be such as to restrict the
miniature pig from escaping.
(5) If transported to the veterinarian, the animal must be kept in an escape proof
cage previously approved by the humane division.
(6) Each animal must be provided with continuous clean water and must be fed a
diet approved by a licensed veterinarian.
(7) Any animal which has bitten or scratched someone must be immediately
surrendered to the humane division or as otherwise designated by the City
Manager for euthanasia and testing by the state department of health. A live test
approved by the state department of health may be substituted for euthanasia.
(8) A fee for restricted animal permit shall charged and the permit shall expire one
year from date of issuance and shall not be transferable.
Sec. 14 -256. - Violation of permit requirements.
Failure to comply with the permit requirements shall constitute a violation of this article
and each day of noncompliance shall constitute a separate offense.
Sec. 14 -257. - Exemptions.
The article does not apply to:
(1) Zoological park accredited by the American Association of Zoological
Parks and Aquariums.
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(2) Federally - licensed research institutions.
(3) Any government agency or its employee who use the animals for an
agency related to education, propagation, or behavior program.
(4) Anyone holding a valid rehabilitation permit pursuant to V.T.C.A., Parks
and Wildlife Code § 43.011 et seq. but only for animals which are in
rehabilitation and scheduled to be released to the wild.
Sec. 14 -258. - 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 chapter shall have 30 days from passage to obtain a permit
required by this chapter. From and after said 30 day period, said person who fails to
obtain a permit shall be in violation of this chapter.
ARTICLE IX. - PENALTIES
Sec. 14 -291. - Penalty for violation.
Any person who violates any of the provisions of articles I through VIII of this chapter
shall be guilty of a misdemeanor and upon conviction thereof punished as provided in §
1 -13.
ARTICLE X. - RESPONSIBLE PET OWNER PROGRAM
Sec. 14 -321. - Purpose of program.
The responsible pet owner program for pet owners established in this article is designed
to reduce the incidences of repeat offenders as well as educate the participants as to
the responsibilities entailed in owning a pet in an urban environment. The program
stresses the "good neighbor" concept of responsible pet ownership and gives the
participants information on the role of the humane officer in the community.
Sec. 14 -322. - Definitions.
When used in this article, the following words and terms, unless the context indicates a
different meaning, shall be interpreted as follows:
First offender means a person that has received a citation for an animal related offense
for the first time where that offense occurred in the City.
Responsible pet owner program means the responsible pet owner program conducted
by the humane division of the neighborhood services department.
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Sec. 14 -323. - Program established; availability to pet owners.
(a) Established. The responsible pet owner program shall be established by the
humane division of the neighborhood services department.
(b) Availability. The responsible pet owner program shall be made available to all pet
owners in the City and shall be offered on a regular basis as staffing permits or
as needed.
Sec. 14 -324. - Eligibility.
(a) First offenders. First offenders shall be eligible to participate in the responsible
pet owner program in lieu of payment of the citation fine and only after entering a
plea of guilty or no contest.
(1) At the judge's discretion the fine may be waived if the first offender states
that he will attend and actually attends the responsible pet owner program
within 90 days of receiving the first citation.
(2) It shall be the responsibility of the first offender to notify and supply the
municipal court with proof of attendance.
(b) Allocation of available spaces. The program shall be available to all pet owners in
the City; however, available places shall be first offered to first offenders applying
for the program.
Sec. 14 -325. - Fees and penalties.
(a) Registration fee. There shall be a registration fee as established in Appendix A
for the responsible pet owner program that must be paid when registering for the
program, prior to attendance.
(b) Citation fee for failure to attend. If the first offender fails to attend the responsible
pet owner program within the required 90 days, the citation fee shall be assessed
through municipal court.
ARTICLE XI. - FEES
Sec. 14 -351. - Fees related to impoundment and surrender of animals.
(a) Altered animals. Fees for the impoundment of altered animal shall be as
established in Appendix A for the following categories. The director of finance
shall review the fees annually and adjust the fees by the increase in the DFW
Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
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(1) First impoundment.
(2) Second impoundment.
(3) Third impoundment.
(b) Unaltered animals. Fees for the impoundment of unaltered animal shall be as
established in Appendix A for the following categories. The director of finance
shall review the fee annually and adjust the fee by the increase in the DFW
Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
(1) First impoundment.
(2) Second impoundment.
(3) Third impoundment.
(c) Boarding fee. A boarding fee, per night, shall be as established in Appendix A.
The director of finance shall review the fee annually and adjust the fee by the
increase in the DFW Consumer Price Index for the preceding 12 months as
established by the U.S. Department of Commerce.
(d) Quarantine fee. A quarantine fee, per night, shall be as established in Appendix
A. The director of finance shall review the fee annually and adjust the fee by the
increase in the DFW Consumer Price Index for the preceding 12 months as
established by the U.S. Department of Commerce.
(e) Surrendered animals. The fee for surrendered animals shall be as established in
Appendix A for the following categories. The director of finance shall review all
fees annually and adjust fees by the increase in the DFW Consumer Price Index
for the preceding 12 months as established by the U.S. Department of
Commerce.
(1) Animal surrendered by city resident or a contract city.
(2) Animal surrendered by nonresident — accepted based on space availability
at the Humane Division by a non - resident or contract city.
(3) Large animals surrendered.
(4) Surrender for rabies analysis.
(f) Reduction in impoundment fee. A dog or cat wearing a current license tag and
impounded for first time is eligible for 50 percent reduction in impoundment fee.
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(g) Rebate for altering animal. When an unaltered animal has been impounded, a
$15.00 rebate will be given to the owner if proof that the animal has been altered
is presented within 30 days of the initial impoundment.
Sec. 14- 351.1. - Fees for cremation.
Except for those veterinarians providing neuter /spay services to the City, a fee shall be
charged to veterinarians and contract cities who bring deceased animals to the City's
crematorium for disposal. Such fee shall be charged for each such animal. Cremation
may be refused if the City is unable, due to available personnel or condition of
equipment to timely cremate such animals.
Sec. 14 -352. - Fees related to licensing.
Fees related to licensing shall be as established in Appendix A for the following
categories. The director of finance shall review the fee annually and adjust the fee by
the increase in the DFW Consumer Price Index for the preceding 12 months as
established by the U.S. Department of Commerce.
(1) Unaltered dog, cat or ferret.
(2) Altered dog, cat or ferret.
(3) Altered animal whose legal owner is 65 years of age or older.
(4) Dogs which are professionally and specifically trained to assist disabled
owner.
(5) Duplicate replacement tag.
(6) Late animal license fee (past 30 days).
(7) Guard dog.
Sec. 14 -353. - Fees related to estrays.
Fees related to estrays shall be as established in Appendix A. The director of finance
shall review the fees annually and adjust the fees by the increase in the DFW
Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
(1) Impoundment of estray.
(2) Board, per night.
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Sec. 14 -354. - Fee for inspection of riding stables.
The fee for inspection of riding stables shall be as established in Appendix A. The
director of finance shall review the fee annually and adjust the fee by the increase in the
DFW Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
Sec. 14 -355. - Fees related to dangerous dogs.
Fees related to dangerous dogs shall be as established in Appendix A. The director of
finance shall review the fee annually and adjust the fee by the increase in the DFW
Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
Sec. 14 -356. - Fee for restricted animal permit.
The fee for a restricted animal permit shall be as established in Appendix A. The
director of finance shall review the fee annually and adjust the fee by the increase in the
DFW Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
Sec. 14 -357. - Fees related to pet shops, kennels /catteries and multiple pet
owners.
Fees related to pet shops, kennels /catteries and multiple pet owners shall be as
established in Appendix A. The director of finance shall review the fees annually and
adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12
months as established by the U.S. Department of Commerce.
Sec. 14 -358. - Control and violation notices.
The fees for control and violation notices shall be as established in Appendix A. The
director of finance shall review the fees annually and adjust the fees by the increase in
the DFW Consumer Price Index for the preceding 12 months as established by the U.S.
Department of Commerce.
Sec. 14 -359. - Adjustment for consumer price index.
The director of finance shall review all neighborhood services fees annually and adjust
fees by the increase in the DFW Consumer Price Index for the preceding 12 months as
established by the Department of Commerce.
ARTICLE XII. - ANIMAL IMPOUNDMENT
Ordinance No. 3235
Page 29 of 55
Sec. 14 -391. - Impoundment generally.
Animals owned or harbored in violation of this chapter or law of the state shall be taken
into custody by a humane officer or other designated official and impounded under the
provisions of this chapter.
Sec. 14 -392. - Disposition of impounded animals.
(a) Animals with no identification. All animals impounded by the humane division or
brought to the animal adoption and rescue center by a person other than the
harborer or owner of that animal shall be held for a minimum of four (4)
consecutive business days 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 animal . In the event that the animal is not claimed after four (4)
consecutive business days in the center, that animal shall become the property
of the City.
(b) Animals with identification. Animals impounded by the humane division or
brought to the animal adoption and rescue center by a person other than the
harborer or owner of that animal that are wearing traceable identification or
where a possible owner is known shall be held in the center for a minimum of
seven (7) consecutive business days from the time the animal enters the facility,
during which time the humane division shall notify the owner, when known, of the
impoundment. Unless the owner has notified the humane division in writing of his
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
arrangements has been approved by the humane division supervisor, the animal
shall become the property of the City on the eighth (8) business day.
(c) Animals surrendered by owner /harborer. All animals surrendered by the
owner /harborer to the humane division shall become the property of the City
immediately upon completion of the owner /harborer surrender form. Such
animals shall be available for disposition the next business day.
(d) Animals other than dogs, cats, ferrets or estrays impounded. All animals other
than dogs, cats, ferrets, estrays, or animals holding current restricted animal
permits in the City impounded by the humane division or brought to the center by
a person other than the owner /harborer shall become the property of the City
unless such ownership is prohibited by state or federal law.
(e) Disposition of animals. Final disposition of all unclaimed animals shall rest with
the humane division. The humane division or as otherwise designated by the City
Manager shall retain sole authority to determine the final disposition of each
animal in its custody once that animal becomes the property of the City, and shall
not place any animal for adoption that is classified in this chapter as prohibited.
Animals shall be euthanized by an injection of sodium pentobarbital or
Ordinance No. 3235
Page 30 of 55
substances approved for euthanasia by the American Veterinary Medical
Association and /or the Texas Veterinary Medical Association to be administered
by a certified euthanasia technician. All animals listed as endangered or
protected shall be transferred to the proper authority at the earliest possible date.
Sec. 14 -393. - Animals held on complaint.
If a complaint has been filed in municipal court for the City against the owner of an
impounded animal for a violation of this chapter, the animal shall not be released except
on the order of the humane division which may also direct the owner to pay any
penalties for violation of this chapter in addition to all impoundment fees. Surrender of
an animal by the owner thereof to the humane 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 chapter.
Sec. 14 -394. - Removal of animals from confinement.
It shall be unlawful for any person to remove from any place of confinement any animal
which has been confined as authorized, without the consent of the impounding agency.
Sec. 14 -395. - Animals at large; restraint.
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 is hereby authorized to take up and
deliver to the animal adoption and rescue center any animal mentioned in this chapter
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 humane division any such
animal within 48 hours may subject the person taking up the animal to civil and /or
criminal action. The humane officer or his agent and peace officer or as otherwise
designated by the City Manager are authorized to impound any animal mentioned in this
chapter which is in violation of the chapter. In the event the animal is on private property
or property of the animal's owner the humane 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.
(1) It shall be unlawful for any animal to "run at large" as defined in section
14 -2 of this chapter.
(2) No animal may be restrained by a chain or tether unless the person is
holding the chain or tether.
(3) The prohibition of subsection (2) does not apply to a temporary restraint:
a. During a lawful animal event, veterinary treatment, grooming,
training, or law enforcement activity; or
Ordinance No. 3235
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b. That is required to protect the safety or welfare of a person or the
animal, if the animal's owner or handler remains with the animal
throughout the period of restraint. This period shall not exceed
three (3) hours in a 24 -hour period, and no longer than necessary
for the owner to complete a temporary task that requires the animal
to be restrained.
C. A person restraining an animal with a chain or tether shall attach
the chain or tether to a properly fitted collar or harness worn by the
animal. A person may not wrap a chain or tether directly around the
animal's neck. A person may not restrain an animal with a chain or
tether that weighs more that 1/18 of the animal's body weight. A
chain or tether used to restrain an animal must, by design and
placement, be unlikely to become entangled.
d. A person may not restrain an animal in a manner that does not
allow the animal to have access to necessary proper shelter and
clean water.
e. A person may not restrain an animal in a manner that allows the
animal to move outside the person's property.
Sec. 14 -396. - Confinement during estrus.
Any unspayed female animal 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 animal 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 adoption and rescue 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 humane division shall be a violation of this chapter, and the animal will then
be impounded as prescribed in this chapter.
Sec. 14 -397. - Adoption of animal.
All animals which are adopted from the animal adoption and rescue center shall be
surgically altered to prevent reproduction in that animal before leaving the animal
adoption and rescue center provided the animal is eight (8) weeks or older or two (2)
pound or more in body weight.
(1) Animal not eligible for altering. If the animal is not eligible for altering
before leaving the center due to age or medical condition, that animal shall
be surgically altered as soon as medically safe. The person fostering that
animal shall sign an agreement stating that they will have said animal
surgically altered at that time.
Ordinance No. 3235
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(2) Responsibility for proof. It shall be the responsibility of the person fostering
to provide proof of altering to the humane division.
(3) Recovery of unaltered animal. Failure to comply with this section or failure
to comply with the terms of either of the above agreements shall give the
humane division the right to recover the fostered animal in question and
revoke the foster's adoption contract. Such failure shall also constitute a
violation of this chapter.
(4) Adoption fee. The adoption fee shall be offset on a tiered scale dependent
on the total cost of medical expenses incurred not to include routine
vaccinations or grooming expenses.
(5) Rabies vaccination. A person adopting a dog cat or ferret that is not yet
three months of age shall have that animal vaccinated for rabies by a
veterinarian licensed within the state by the date specified during the
adoption procedure. The person adopting the animal is responsible for
providing proof of rabies vaccination to the humane division within 48
hours of vaccination date.
(6) Financial responsibility
(a) Fosters. Fosters bear all financial responsibilities toward the care
of the pet they intend to adopt.
1. If the foster is not able to provide the necessary care then
the pet shall be returned to the animal adoption and rescue
center.
2. No reimbursements for medical expenses will be available
(b) Adopters. Adopters bear all financial responsibilities toward the
care of the pet they adopt.
1. The adopted animal can be returned within two weeks of
adoption and a full refund will be provided.
2. If after two weeks the pet can still be returned but no refund
will be available.
3. Any medical expenses incurred shall be the sole
responsibility of the adopter.
(c) City. The City bears no financial responsibility once a pet is
fostered or adopted and is in the care of the foster or the adopter.
Ordinance No. 3235
Page 33 of 55
Sec. 14 -398. - Surrender of animals.
There shall be a fee for surrender of animals by owner /harborer to the animal adoption
and rescue center.
(1) Small animals. For small animals such as dogs cats, ferrets , small birds
and pocket pets, a fee shall be charged per animal. In the event a litter
(under 60 days of age) is surrendered the charge shall be the same as a
single animal, with or without the mother.
(2) Large animals. For large animals such as chickens, peacocks, horses,
cows, goats, sheep and pigs, a fee shall be charged per animal.
(3) Surrendered animals from other cities. Owners of animals who reside
outside the City who bring their animals to the center shall pay a fee and
accepted as space is available. Priority shall be placed on residents or
contract cities surrendering their animals.
Sec. 14 -399. - Payment of fees.
It shall be a violation of this article to fail to pay all fees due in accordance with this
chapter or the humane division fees in Appendix A.
Sec. 14 -400. - Control notice.
Where violations of restraint requirements are observed, any humane officer or as
otherwise designated by the City Manager may issue a control notice in lieu of a
citation. The control notice will stipulate the violation observed, associated fees and a
compliance date, as well as a waiver provision providing that the person to whom the
control notice is issued waives all rights to protest such notice and waives all rights to a
hearing on the issue relating to that notice. All associated fees shall be paid to the
humane division. Failure to pay the associated fees by the compliance date or failure to
waive rights by the compliance date shall constitute a violation of this article and may
result in the issuance of a citation.
Sec. 14 -401. - Surgical alteration required.
Any owner of an animal who is cited and convicted or who pleads guilty or who receives
differed adjudication for a restraint violation of this chapter on two occasions within a 12-
month period, shall have the animal spayed or neutered within seven days of the
conviction or plea. Verification from the veterinarian performing the surgery shall be
provided to the humane division in writing within seven days of the surgery.
Ordinance No. 3235
Page 34 of 55
ARTICLE XIII. - ESTRAYS
Sec. 14 -431. - Unattended estray; penalty.
It shall be unlawful for any person, firm or corporation to allow an estray to be
unattended upon any public street, alley, thoroughfare or upon the property of another
in the corporate city limits of the City. The person, firm or corporation having ownership
of right to immediate control of such estray shall have the burden to keep such estray
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 as provided in section 1 -13.
Sec. 14 -432. - Impoundment.
It shall be the duty of the humane division or as otherwise designated by the City
Manager in absence of action by the county sheriffs 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,
or otherwise to be found at large, and to confine such estray for safe keeping. Upon
impounding an estray, the humane division or as otherwise designated by the City
Manager shall prepare a "Notice of Estray" and file such notice in the " Estray Book"
located in the animal adoption and rescue center. Each entry shall include the following:
(1) The name and address of the person who notified the humane division of
the estray;
(2) The date, time and location of the estray when found;
(3) The location of the estray until disposition; and
(4) A description of the animal including its breed, color, sex, age, size, all
markings of any kind, and other identifying characteristics.
Sec. 14 -433. Disposition of impounded estray.
When an estray has been impounded, the humane division or as otherwise designated
by the City Manager shall within 24 hours of impound contact the Tarrant County
Sheriff's Department to notify them of the impound as well as to request a pick up of the
animal to be placed into their custody.
Sec. 14 -434. - Recovery by owner.
The owner of an estray may recover possession of the animal at any time before the
animal is turned over to the custody of the Tarrant County Sheriff's Department:
(1) The owner has provided the humane division with an "Affidavit of
Ownership" of the estray containing at least the following information:
Ordinance No. 3235
Page 35 of 55
a. The name and address of the owner;
b. The date the owner discovered that the animal was an estray;
C. The property from which the animal strayed;
d. A description of the animal including its breed, color, sex, size, all
markings of any kind, and any other identifying characteristics.
(2) The humane division has approved affidavit;
(3) The affidavit has been filed in the "Estray Book;"
(4) The owner has paid all estray handling fees to those entitled to receive
them;
(5) The owner has executed an "Affidavit of Receipt" containing at least the
following information:
a. The name and address of the person receiving the estray;
b. Date of receipt of estray;
C. Method of claim to estray (owner purchaser at sale);
d. If purchased at sale, the amount of gross purchase price;
e. Amount of estray handling fees paid;
f. The net proceeds of the sale; and
(6) The humane division has filed the "Affidavit of Receipt" in the "Estray
Book."
Sec. 14 -435. - Fees.
For each and every estray taken and impounded there shall be paid to the City by the
owner thereof or his agents a fee for the taking and impounding of the estray and a fee
set for each night, except for the first day, for each and every subsequent day that the
animal shall remain in the custody of the humane division, such fee being charged for
the caring and feeding of such animals. The owner shall also pay for any veterinarian or
drug fees incurred for the animals while in the custody of the humane division. These
fees are set out in Appendix A. The director of finance shall review the fee annually and
adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12
months as established by the U.S. Department of Commerce.
Ordinance No. 3235
Page 36 of 55
Sec. 14 -438. - 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.
Sec. 14 -439. - 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 humane division. The report shall be filed in the
" Estray Book."
Sec. 14 -440. - 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.
Sec. 14 -441. — Enclosures
It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goats within
100 feet of another resident or occupied building, or any hog or pig within 500 feet of
another residence or occupied building; except that property containing at least three
acres of land, in agriculture zoning, with no more than five horses and no other
offending animals, shall not be in violation if the horses were being legally kept before
the construction of the residence which would give rise to the violation.
Sec. 14 -442. — Number of agricultural animals in AG and R -1 -S
The housing, boarding, breeding, training, harboring, or keeping of agricultural animals
such as horses, cows, cattle, sheep, fowl, or goats shall be restricted to properties for
the first acre and one for every full acre thereafter.
ARTICLE XIV. - KENNELS, CATTERYS, PETSHOPS
AND MULTIPET HOUSEHOLDS
DIVISION 1. - GENERALLY
DIVISION 2. - KENNELS OR CATTERYS
Sec. 14 -491. - Boarding.
(a) Minimum standards. All boarding kennels or catterys shall, in addition to the
other requirements of this chapter, comply with the minimum standards of this
section. Failure to meet these standards shall be grounds for denial or revocation
of a license pursuant to article III of this chapter and the issuance of a citation
Ordinance No. 3235
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subjecting the owner to the penalties provided in this chapter. Facilities shall be
subject to inspection by a humane officer upon their request during reasonable
hours.
(b) Indoor enclosures. Indoor enclosures (cages, kennels or runs) shall be provided
for each animal housed. These enclosures shall be constructed of an impervious
material. Floors shall be metal, fiberglass, concrete or covered throughout with a
minimum of three inches of gravel. Enclosures must be cleaned daily with a
disinfectant, cleanser or chlorine bleach. Cleaning materials must be present at
the time of any inspection in amounts sufficient to clean the entire facility.
Animals must be removed from enclosures during cleaning.
(c) Building temperature. Building temperature shall be maintained at a comfortable
level. Adequate ventilation shall be maintained by means of windows, doors,
vents, and fans.
(d) Sufficient space. Each animal shall have sufficient space to stand up, lie down,
and turn around in a natural position without touching the sides or top of the
enclosure. If additional space is not provided, either indoor or outdoor, then this
enclosure must provide an adequate exercise area.
(e) Beds or resting benches. Beds or resting benches shall be constructed of an
impervious material.
(f) Outdoor runs or enclosures. Outdoor runs or enclosures may be provided in
addition to the indoor enclosures. These outdoor enclosures may be separated
or attached to the indoor enclosures. These outdoor enclosures shall be
constructed of an impervious material with floors as in subsection (a) of this
section.
(g) Cleanliness and dryness. All enclosures shall be kept clean and dry.
(h) Protection from weather. All enclosures shall provide protection from the
weather.
(i) Food. The food shall be free from contamination, wholesome, palatable, and of
sufficient quantity and nutritive value to meet the normal daily requirements for
the condition and size of the animal.
(j) Water. All animals shall have fresh water available at all times except as part of a
veterinary treatment regimen. Water vessels shall be mounted or secure in a
manner that prevents tipping and be of the removable type, except in areas
where animals are kept for medical recuperative purposes.
(k) Veterinary care. Veterinary care shall be provided to maintain good health and
general welfare and to prevent suffering. All costs for such care will be paid for by
Ordinance No. 3235
Page 38 of 55
the Class A kennel or cattery and D Non - Profit Rescue and reimbursed by the
owner of the puppy, dog, cat or kitten unless such care is the result of negligent
action or inaction of the owner of the Class A kennel or cattery and Class D Non -
Profit Rescue.
(1) Proof of license and rabies vaccination. Animals over the age of three months
which are boarded must have proof of a valid city animal license (if applicable)
and rabies vaccination.
(m) License application for unlicensed pets. Owners of boarded animals which do not
have proof of a valid pet license shall be presented with a license application by
the boarding kennel or cattery. Such application shall be supplied by the humane
division. The owner shall be advised by the boarding kennel or cattery of the
licensing requirement and that they are subject to a citation should the kennel or
cattery be inspected while their animal is being boarded. The boarding kennel or
cattery shall provide the name and address of any animal being boarded to
humane division upon request.
Sec. 14 -492. - Class A kennels or catterys.
All Class A kennels or catterys shall, in addition to the other requirements of this
chapter, comply with the minimum standards of this section. Failure to meet these
standards shall be grounds for denial or revocation of a license pursuant to article III of
this chapter and the issuance of a citation subjecting the owner to the penalties
provided in this chapter. Facilities shall be subject to inspection by a humane officer
upon request during reasonable hours. Each Class A kennel or cattery shall comply with
the standards set forth in section 14 -491 in addition to the following standards.
(1) Each dog or cat, three months of age or older, must have proof of a valid
vaccination against rabies.
(2) Each purchaser of a dog, cat, puppy, or kitten shall be provided with a
copy of section 14 -512, regarding puppies, dogs, kittens, cats and their
certification as unfit for purchase, of this chapter by the kennel or cattery
and with a city animal license application.
(3) Each Class A kennel or cattery license shall apply to up to five dogs or
cats and shall require an additional Class A kennel or cattery license for
each increment of up to five dogs or cats.
(4) The facility /premises must be adequate for the number and type of
animals to be kept.
a. Facilities /premises shall be of sufficient size as to allow animals 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
Ordinance No. 3235
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height and weight.
b. 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.
C. 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;
d. The said premises shall be adequate to keep the animals from
running at large and disturbing adjoining, adjacent or neighboring
premises;
(5) The animals and the facility must be kept free of odor or stench which is
offensive to a person of ordinary sensibilities;
(6) The animals must be maintained in a manner which does not pose a
danger to the health of the animals themselves, adjacent animals or their
care giver;
(7) The animals must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent, or neighboring
premises;
(8) Additional licenses may be denied.
(9) Any additional animals brought onto the property must be approved by the
humane division prior to their arrival. Failure to notify the humane division
of additional animals is grounds for revocation of licenses and the number
of animals on premises must be brought down to minimum allowed per
ordinance within 10 days of written notification from humane division.
(10) Must be in compliance with all zoning, code compliance and consumer
health regulations.
Sec. 14 -493. - Class B kennels or catterys.
(a) Generally. All Class B kennels or catterys shall, in addition to the other
requirements to this chapter comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for denial or revocation of a
license pursuant to article III of this chapter and the issuance of a citation
subjecting the owner to the penalties provided in this chapter. Facilities shall be
subject to inspection by a humane officer upon their request during reasonable
hours.
Ordinance No. 3235
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(b) Animals kept primarily indoors. shall be provided with wholesome food and clean
water, a clean living environment free of accumulated waste and debris,
comfortable temperature and ventilation, and provided veterinary care when
needed. If allowed access to outdoors on a temporary basis, the outdoor area
shall be kept free of waste and debris and well drained. Such outdoor area shall
comply with all restraint requirements contained in this chapter.
(c) Animals kept primarily outdoors. Animals kept primarily outdoors shall be
provided with adequate shelter, a clean living environment free of accumulated
waste and debris, supplemental protection from weather extremes and well
drained. Such outdoor area shall comply with all restraint requirements contained
in this chapter.
(d) Limitation on number of dogs and cats. Each Class B kennel or cattery license
shall apply to no more than five dogs and /or five cats, three months of age or
older. Any additional dogs or cats three months of age or older must be licensed
individually.
(e) The animals must be maintained in a manner which does not pose a danger to
the health of the animals themselves, adjacent animals or their care giver;
(f) The animals must not cause noise which is offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent, or neighboring premises;
(g) Any additional animals brought onto the property must be approved by the
humane division prior to their arrival. Failure to notify the humane division of
additional animals is grounds for revocation of licenses and the number of
animals on premises must be brought down to minimum allowed per ordinance
within 10 days of written notification from humane division.
(h) Information to owner. Each purchaser of a dog, cat, puppy or kitten shall be
provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats
and their certification as unfit for purchase, of this chapter by the kennel or
cattery and with a city animal license application.
(i) Must be in compliance with all zoning, code compliance and consumer health
regulations.
Sec. 14 -494. - Class C kennel.
(a) General standards. Any Class C kennel shall, in addition to the other
requirements of this chapter, comply with the standards of this section whenever
any dog is trained for guard, sentry or obedience purposes. Failure to meet these
standards shall be grounds for denial of or revocation of a kennel license, and
the issuance of a citation subjecting the owner to the penalties provided in this
Ordinance No. 3235
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chapter. Facilities shall be subject to inspection by an animal services officer
upon his request during reasonable hours.
(b) Specific standards. Class C kennels shall comply with the standards set forth in
section 14 -491, regarding a boarding kennel or cattery in addition to the following
standards:
(1) The area used for training shall be clean, free of accumulated waste and
debris and well drained.
(2) Outdoor areas where animals are trained for guard or sentry work, must
be completely enclosed or surrounded by a fence at least eight feet in
height, installed at or below ground level with anti - climbers at the top.
(3) Enclosures and the training area must be locked at all times to prevent
unauthorized entry or escape of the animals.
(4) No training shall employ the use of chemicals, electrical or mechanical
devices which may cause pain, injury or death.
(5) The facility /premises must be adequate for the number and type of
animals to be kept.
a. Facilities /premises shall be of sufficient size as to allow animals 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.
b. 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.
C. 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;
d. The said premises shall be adequate to keep the animals from
running at large and disturbing adjoining, adjacent or neighboring
premises,
(6) The animals and the facility must be kept free of odor or stench which is
offensive to a person of ordinary sensibilities;
(7) The animals must be maintained in a manner which does not pose a
danger to the health of the animals themselves, adjacent animals or their
Ordinance No. 3235
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care giver;
(8) The animals must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent, or neighboring
premises;
(9) Any additional animals brought onto the property must be approved by the
humane division prior to their arrival. Failure to notify the humane division
of additional animals is grounds for revocation of licenses and the number
of animals on premises must be brought down to minimum allowed per
ordinance within 10 days of written notification from humane division.
(10) Must be in compliance with all zoning, code compliance and consumer
health regulations.
Sec. 14 -495. - Class D non - profit rescue permit.
All Class D non - profit rescue permit shall, in addition to the other requirements of this
chapter, comply with the minimum standards of this section. Failure to meet these
standards shall be grounds for denial or revocation of a license pursuant to article III of
this chapter and the issuance of a citation subjecting the owner to the penalties
provided in this chapter. Facilities shall be subject to inspection by a humane officer
upon request during reasonable hours. Each Class D non - profit rescue permit shall
comply with the standards set forth in section 14 -491 in addition to the following
standards.
(1) Each dog or cat, three months of age or older, must have proof of a valid
vaccination against rabies.
(2) It shall be the responsibility of the foster household to provide the humane
division with a copy of the non profit rescue group's 501c3 IRS letter of
determination, a letter authorizing them as a foster home with their group
and /or any additional documentation requested by the humane division.
(3) Each fostered rescue animal residing on premises over 10 calendar days
shall be licensed with the humane division and such license fee shall be
waived.
(4) It shall be the responsibility of the harborer to inform the humane division
as animals are adopted and not returning to premises.
(5) Each Class D non - profit rescue permit shall apply to up to five dogs or
cats and shall require an additional Class D non - profit rescue permit for
each increment of up to five dogs or cats.
(6) The facility /premises must be adequate for the number and type of
Ordinance No. 3235
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animals to be kept.
a. Facilities /premises shall be of sufficient size as to allow animals 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.
b. 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.
C. 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;
d. The said premises shall be adequate to keep the animals from
running at large and disturbing adjoining, adjacent or neighboring
premises;
(7) The animals and the facility must be kept free of odor or stench which is
offensive to a person of ordinary sensibilities;
(8) The animals must be maintained in a manner which does not pose a
danger to the health of the animals themselves, adjacent animals or their
care giver;
(9) The animals must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent, or neighboring
premises;
(10) Additional licenses may be denied.
(11) Any additional animals brought onto the property must be approved by the
humane division prior to their arrival. Failure to notify the humane division
of additional animals is grounds for revocation of licenses and the number
of animals on premises must be brought down to minimum allowed per
ordinance within 10 days of written notification from humane division.
(12) It shall be the responsibility of the permitted business or residence to
renew permit annually.
(13) Must be in compliance with all zoning, code compliance and consumer
health regulations.
Ordinance No. 3235
Page 44 of 55
Sec. 14 -496. - Revocation or suspension of permit.
Any kennel /cattery or rescue permit, permitted under this chapter shall comply with all
zoning laws, consumer health and code compliance regulations and any such
kennel /cattery or rescue permit found to be in violation of such laws, or any other
applicable law of the City or of the state, 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
humane division or as otherwise designated by the City Manager.
DIVISION 3. - PET SHOPS AND ANIMAL DEALERS
Sec. 14 -511. - Pet shop standards.
(a) Generally. All pet shops, as defined herein, including pet shops run in
conjunction with another holding facility, shall in addition to the other
requirements of this chapter, comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for the issuance of a citation
subjecting the owner to the penalties provided in this chapter. Facilities shall be
subject to inspection by a humane officer or as otherwise designated by the City
Manager upon his request during reasonable hours.
(b) Water. There shall be available hot water at a minimum temperature of 140
degrees Fahrenheit for washing cages and disinfecting and cold water easily
accessible to all parts of the shop. Fresh water shall be available to all species at
all times. Containers are to be cleaned and disinfected each day. All water
containers shall be mounted so the animal cannot turn them over, and be of the
type that are removable for cleaning.
(c) Room temperature. Room temperature of the shop shall be maintained at a level
that is healthful for every species of animals kept in the shop.
(d) Cages and enclosures. All cages and enclosures are to be of a nonporous
material for easy cleaning and disinfecting. Each cage must be of sufficient size
that the animal will have room to stand, turn, and lie down in the natural position.
Each cage must be cleaned and disinfected each day.
(e) Feeding animals. All animals under three months of age are to be fed at least
three times per 24 hours. All from three months to nine months of age are to be
fed at least two times per 24 hours. All other animals must be fed at least one
time per 24 hours period. Food for each animal shall be served in a clean dish so
mounted that the animal cannot readily tip it over and be of the type that are
removable for cleaning. Disposable feeding dishes are acceptable for one -time
use only.
(f) Birds. Each bird must have sufficient room to sit on a perch. Perches shall be
Ordinance No. 3235
Page 45 of 55
placed horizontal to each other in the same cage. Cages must be cleaned every
day, and cages must be disinfected when birds are sold or otherwise transferred.
Parrots and other large birds shall have separate cages from smaller birds.
(g) Bedding. There shall be sufficient clean, dry bedding to meet needs of each
individual animal.
(h) Daily care and maintenance. All animals must be fed and watered, and all cages
cleaned every day including Sundays and holidays.
(i) Information to purchaser. Each purchaser of a dog, cat, puppy or kitten shall be
provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats
and their certification as unfit for purchase, by the pet shop and with a city animal
license application.
Sec. 14 -512. - Animals; certification as unfit for purchase.
(a) Sale of unfit animals prohibited; certification. No pet shop, animal dealer, or other
person shall sell any animal which is unfit for purchase. The purchaser of a
animals from a pet shop, animal dealer, or other person which suffers or dies of a
disease or parasitic infection must have these conditions or death certified by a
veterinarian within 30 days of the purchase date as evidence that the animal was
unfit for purchase. Any animal which suffers from any congenital or hereditary
condition must be certified as unfit for purchase by a veterinarian within one year
of the date of purchase.
(b) Options of owner or purchaser. In the event that an animal is certified as unfit for
repurchase and such certification is presented in writing to the pet shop, animal
dealer, or other person, within 72 hours of the veterinary certification, the owner
or purchaser may choose one of the following options and the pet shop, animal
dealer or other person shall be obligated to fulfill the conditions of the chosen
option.
(1) The owner or purchaser may return the animal for a full refund of the
purchase price plus tax. Additionally, the owner or purchaser shall be
entitled, up to a total amount not to exceed the full purchase price of the,
to any veterinary fees incurred relating to the disease, defect, or infection;
veterinary fees directly related to the veterinarian's examination and
certification that the is unfit for purchase pursuant to this section; and for
veterinary fees directly animal related to necessary emergency services
and treatment undertaken to remedy the disease, defect, or infection.
(2) The owner or purchaser may return the animal for an exchange equal to
the full purchase price plus tax. Additionally, the owner or purchaser shall
be entitled, up to a total amount not to exceed the full purchase price of
the animal, to any veterinary fees incurred relating to the disease, defect
Ordinance No. 3235
Page 46 of 55
or infection; veterinary fees directly related to the veterinarian's
examination and certification that the animal is unfit for purchase pursuant
to this section; and for veterinary fees directly related to necessary
emergency services and treatment undertaken to remedy the disease,
defect or infection.
(3) The owner or purchaser may retain the animal and attempt to cure the
disease, defect or infection, or to ameliorate the condition caused by the
disease, defect or infection. The pet shop, animal dealer, or other person
shall be responsible for the cost of veterinary fees incurred related to the
disease, defect or infection for which the animal was certified as unfit, up
to the full purchase price of the animal plus tax.
(4) The owner or purchaser of animal which dies from the disease, defect,
infection or condition for which it is certified as unfit for purchase may
receive a full refund of the purchase price of the animal plus tax in addition
to any veterinary fees incurred relating to the disease, defect or infection
up to the full purchase price of the animal plus tax.
(5) The pet shop, animal dealer, or other person may contest a demand for
veterinary expenses, refund, or exchange made by a purchaser or owner
if done so in writing within two days of the owner or purchaser's
presentment of a certificate of unfitness. In the event that the pet shop,
animal dealer, or other person wishes to contest a demand for veterinary
expenses, refund, or exchange made by the purchaser or owner pursuant
to this section, the pet shop, animal dealer or other person shall have the
right to require the consumer to produce the animal for examination by a
licensed veterinarian designated by the dealer. Upon such examination, if
the consumer and the dealer are unable to reach an agreement which
constitutes one of the options set forth in subsections (b)(1) through (b)(4)
of this section within ten business days following receipt of the animal for
such examination, the consumer may initiate an action in a court of
competent jurisdiction to recover or obtain such reimbursement of
veterinary expenses, refund or exchange.
Sec. 14 -513. - Waiver.
(a) Waiver procedure generally. A purchaser may sign a waiver knowingly
relinquishing all of the above rights specified in section 14- 512(b). The waiver
must include the following language: "These are your rights under City of North
Richland Hills Codified Ordinance Sec 14 -513. If you purchase any animal which
is certified by a veterinarian as unfit for purchase within 30 days following the
date of purchase, or in the case of congenital or hereditary condition, within one
year following the date of purchase, or if such animal dies and is so certified, and
if you present such certification in writing to the seller within 72 hours, you have
the right to return animal to the seller for a full refund or exchange of equal value,
Ordinance No. 3235
Page 47 of 55
or you may keep it and attempt to cure the condition. You may also recover
certain qualified veterinary fees up to the purchase price of the animal. If you sign
this waiver you will lose these rights."
(b) Form of waiver; other warranties and sale conditions. The waiver must be in bold
print and signed by the buyer. If such a waiver is signed by the buyer, the pet
shop, dealer, or other person may offer his own warranty, or sell the animal "as
is."
(c) Maintenance of records. In addition to the other requirements of this section, the
owner of each animal which is placed for sale, adoption or placement, shall
maintain a record which documents the origin of the animal. This record shall
contain the name, address, and telephone number of the kennel /cattery and its
owner, or the individual, which produced the animal. In the case of adoption from
a licensed humane or government operated shelter, the record must indicate if
the animal was a stray, where it was picked up and by whom; if previously
owned, the name and address. This record shall be available to the humane
division.
(d) Advertisement for sale, adoption or placement of unfit animals. All
advertisements for the sale, adoption or placement of these animals within the
City must contain the owner's animal dealer, pet shop, kennel or cattery license
number and /or their individual dog /cat or multiple cat household license number.
DIVISION 4. - MULTIPLE PET HOUSEHOLD
Sec. 14 -531. - Limitations; conditions for multipet permit; revocation.
(a) Limitations and conditions. No person shall keep, maintain, harbor or be enabled
to harbor more than three (3) dogs on their premises; in the event that person is
harboring three (3) dogs, they may not harbor more than two (2) cats at the same
time. No person shall keep, maintain, harbor or be enabled to harbor more than
three (3) cats on their premises; in the event that person is harboring three (3)
cats, they may not harbor more than two (2) dogs at the same time. This section
shall not apply to persons holding a valid multiple cat household permit. Puppies
and kittens under three (3) months of age shall not be counted for the purposes
of this section. Any person, firm, or corporation desiring to keep more than the
above mentioned number of animals and who does not possess a kennel permit,
shall apply for a multiple pet permit at the animal adoption and rescue center.
The permit, once issued, shall be defense to the terms of this section. The
multipet permit shall be issued provided the applicant meets all provisions of this
section and of this chapter. The fee shall be charged and shall be valid for one
year form the date of issuance. Upon inspection of the premises by the humane
division, the permit shall be issued if the following conditions are met:
(1) The facility /premises must be adequate for the number and type of
Ordinance No. 3235
Page 48 of 55
animals to be kept.
a. Facilities /premises shall be of sufficient size as to allow animals 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.
b. 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.
C. 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;
d. The said premises shall be adequate to keep the animals from
running at large and disturbing adjoining, adjacent or neighboring
premises;
(2) The animals and the facility must be kept free of odor or stench which is
offensive to a person of ordinary sensibilities;
(3) The animals must be maintained in a manner which does not pose a
danger to the health of the animals themselves, adjacent animals or their
care giver;
(4) The animals must not cause noise which is offensive or disturbing to a
person of ordinary sensibilities on adjoining, adjacent, or neighboring
premises;
(5) The applicant or holder of the permit has not been issued warnings or
citations for violation of any chapter in this ordinance on two separate
occasions, or animals covered by or to be covered by the permit have not
been impounded on two separate occasions within a twelve (12) month
period prior to the application;
(6) All animals must be surgically altered, licensed and vaccinated and must
wear current rabies vaccination and city license tags at all times in
accordance with article III of this chapter; and
(7) Any additional animals brought onto the property must be approved by the
humane division prior to their arrival. Failure to notify and receipt of
approval from the humane division of additional animals is grounds for
revocation of licenses.
Ordinance No. 3235
Page 49 of 55
(b) Revocation of multipet permit. The multipet permit may be revoked by the
humane 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 number of animals on premises must be brought
down to the maximum allowed per ordinance within ten (10) days of written
notifications from the humane division. The person whose permit has been
revoked may not reapply for a period of one year from day of revocation.
Sec. 14 -532. - Multiple cat household.
A person may own and house up to four cats which are altered and which are kept
exclusively indoors as companion animals. No inspection is required; all cats must have
valid rabies vaccinations, and the owner must obtain a multiple cat household permit.
This permit shall be in lieu of individual licenses for each cat up to four cats.
Sec. 14 -533. - Term of permits; compliance with zoning requirements.
Permits shall be valid for one year from date of issuance and shall only be issued upon
approval of planning and inspection or as otherwise designated by the City Manager
who shall document that said kennel /cattery meets zoning, consumer health and code
compliance requirements.
Sec. 14 -534. - Revocation or suspension of permit.
Any kennel /cattery permitted under this chapter shall comply with all zoning laws,
consumer health and code compliance regulations and any such kennel /cattery found to
be in violation of such laws, or any other applicable law of the City or of the state, 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 humane division or as otherwise
designated by the City Manager.
ARTICLE XV. - BOARDING /RIDING STABLES
Sec. 14 -561. - Standards.
All boarding /riding stables as defined therein 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.
(1) 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.
(2) All equipment used for riding must properly fit each individual animal.
Ordinance No. 3235
Page 50 of 55
(3) 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.
(4) Flies and other insects must be controlled through general sanitation and
necessary means.
(5) Animals let for riding /teaching purposes must be in good physical condition.
(6) 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:
(a) Animals exhibiting the following shall be deemed unfit for work:
(1) Sores of abrasions caused or likely to be irritated by the bearing of
services, girth, harness or bridles, unless packing could be utilized.
(2) Serious injury or illness.
(3) Obvious signs of emaciation, malnutrition, lameness or exhaustion.
(b) Animals requiring veterinary care shall not be moved, ridden or driven
except for the purpose of humane keeping, pasturing or obtaining medical
care.
(c) Animals shall be properly shod, and the hooves shall be kept trimmed.
(d) Animals shall be kept clean particularly in the areas in contact with
harness or other tack.
(e) Animals shall not be worked more than two hours without being given a
total of 30 minutes rest. The maximum working period for any one animal
shall be ten hours out of every 24 hours.
(f) 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.
(g) No animal shall be over - ridden or driven to result in overheating or
Ordinance No. 3235
Page 51 of 55
exhaustion.
(h) All tack, to include but not limited to harnesses, bridles, saddles, and
blankets shall be kept cleaned and in good repair.
(i) 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.
Sec. 14 -562. - Quarantine.
The humane 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:
(1) Excessive parasitism diagnosed by a veterinarian which would cause the
animals to be unfit to be ridden or driven.
(2) General malnutrition as diagnosed by veterinarian.
(3) Presence or suspicion of transmissible disease as diagnosed by a
qualified veterinarian.
Sec. 14 -563. - Inspection.
Facilities shall be subject to inspection by a humane officer or as otherwise designated
by the City Manager upon a request during reasonable hours.
Sec. 14 -564. - Inspection fee.
There shall be a fee, as set out in Appendix A, for the inspection of facilities by the
humane division. The director of finance shall review all the fee annually and adjust the
fee by the increase in the DFW Consumer Price Index for the preceding 12 months as
established by the U.S. Department of Commerce."
Section 2: Appendix A of the North Richland Hills Code of Ordinances is hereby
amended by amending the fees applicable to Chapter 14, ANIMALS to
read as follows:
CHAPTER 14 ANIMALS
Section 14 -325 Registration fee for the responsible pet owner program (not regulated n/a
by CPI according to ord.)
Section 14- 351 ° Fees related to impoundment and surrender of dogs and cats:
First impoundment altered dog or cat ;40.00
Second impoundment altered dog or cat 97.00
Ordinance No. 3235
Page 52 of 55
Third impoundment altered dog or cat 4129.00
Impoundment of unaltered animal:
First impoundment 52.00
Second impoundment 197.00
E
Third impoundment 3129.00
;Boarding fee, per night
P17.00
Quarantine fee, per night X22.00
,Surrendered animals:
Animal surrendered by city resident 17.00
Animal surrendered by nonresident 135.00
Large animals surrendered Y . 6 .._ ... _._
' 2 00
Surrender for rabies analysis 464.00
Dog /cat wearing current license tag and impounded for fir _.
_
a st time is
,eligible for 50 percent reduction in impoundment fee.
When an unaltered animal has been impounded, a $15.00 rebate will
be given to the owner if proof that the animal has been altered is
!presented within 30 days of the initial impoundment.
Section 14 -351.1 Fees for cremation of deceased animals 432.00
Section 14 -352 Fees related to licensing
Unaltered dog or cat ~29.00
Altered dog or cat _.._i9 00
Altered animal whose legal owner is 65years of age or older No fee ,
Dogs which are professionally and specifically trained to assist No fee
disabled owner
License related fees
Duplicate replacement tag ?5.00 4
Late animal license fee (past 30 days) 17.00 3
_..
Guard dog 17.00
Section 14 -353 'Fees related to estrays
Impoundment of estray 100.00
Board, per night X21 00
Section 14 -354 ; Inspection of riding stables __.. 34.00
Section 14 -355 Fees related to registered dangerous dogs
Registered dangerous dog 1 600.00
g 9 9 , �
Dog declared dangerous by another entity n
/a
Section 14 -356 Restricted animal permit fee 64.00
Section 14 -357 !Fees related to pet shops, kennels /catteries and multiple pet owners 3
Ordinance No. 3235
Page 53 of 55
_ Boarding ..... ... _ ._ _.... _. _.
g ken nel /cattery 97.00
Class A kennel /cattery k97.00
Class B kennel /cattery 197.00_
Class C kennel /cattery ' 97.00
Class D non - profit rescue permit 27.00
Pet shop X97.00
Multi -pet household '97.00
Multi -cat household X22.00
Section 14 -358 ;Control and violation notices
_ Control notice in lieu of ci ..,... _._...
tation for running at large 34.00
Violation notice in lieu of citation for violation of license
se ' 34.00
Section 14 -359 Adjustment for consumer price index
!The director of finance shall review all environmental services fees
;annually and adjust fees by the increase in the DFW Consumer Price
Index for the preceding 12 months as established by the Department
of Commerce.
Section 3: This Ordinance shall be cumulative of all provisions of the City Code and
other ordinances of the City of North Richland Hills, Texas, except where
the provisions of this ordinance are in direct conflict with the provisions of
other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
Section 4: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance
are severable, and if a phrase, clause, sentence, paragraph, or section of
this ordinance shall be declared unconstitutional by the valid judgment or
decree of a court of competent jurisdiction, such unconstitutionality shall
not affect the remaining phrases, clauses, sentences, paragraphs, and
sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of the
unconstitutional phrase, clause, sentence, paragraph, or section.
Section 5: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of the City Code or any
other ordinances regulating dangerous dogs that have accrued at the time
of the effective date of this ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
Ordinance No. 3235
Page 54 of 55
Section 6: Any person, firm or corporation violating any of the terms and provisions of
this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in accordance with Chapter 1, Section 1-
13, North Richland Hills Code of Ordinances. Each such violation shall be
deemed a separate offense and shall be punishable as such hereunder.
Section 7: The City Secretary of the City of North Richland Hills is hereby directed to
publish the caption, penalty clause and effective date of this ordinance in
the official newspaper of the City of North Richland Hills.
Section 8: This Ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 22nd day of April, 2013.
CITY OF O TH AND HILLS
By:
Oscar ino, Mayor
TTES�• '� "
Pai City Secretary
APP S T FORM AND LEGALITY:
George A. 9taples, City Attorney
APPROVED AS TO CONTENT:
Aon�n��
Jol Stout, Director of Neighborhood Services
Ordinance No. 3235
Page 55 of 55
INVOICE
Star - Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 325332001
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 4/26/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: Due Date: 4/30/2013
CITY OF NORTH RICHLAND HILLS /SE PO Number:
PO BOX 820609 Order Number: 32533200
NORTH RICHLAND HILLS, TX 00000- Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates 4/25/2013 4/26/2013
.a. 'y
CITY OF NORTH RICHLAND HILLS
CITY OF ORDINANCE NO. 3235 I3580 1 38 38 LINE $6.13 $465.56
An ordinance amending Chapter 14
and appendix A of the Code of
Ordinances of the City of North
Sales Disc Richland Hills, Texas; providing for ($417.80)
the regulation of animals, including
dangerous dogs; establishing fees;
Misc Fee pproviding that this ordinance shall $10 00
be cumulative of all ordinances;
providing a severability clause;
providing for a penalty for viola-
tions; providing a savings clause;
providing for publication in the
official newspaper; and providing
an effective date. Net Amount: $57.76
Any person, firm or corporation
violating' any of the terms and
provisions of this ordinance shall
be deemed guilty of a misdemeanor
and, upon conviction thereof, shall
be fined in accordance with Chapter
1, Section 1 -13, North Richland Hills
Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as .... �..■
such hereunder.
Passed and Approved on this 22nd " poa., CHRISTY LYNNE HOLLAND
day of April, 2013. i' :P Notary Public, State Of Texas
/s /Oscar Trevino ' M Commission E
Oscar Trevino - Mayor a r, Y A
ATTEST: „�o� 0: July 31, 2016
THE STA
/s /Patricia Hutsop
County Of Patricia Hutson - City Secretary
APPROVED AS TO FORM AND
LEGALITY:
Before m E /s /George Staples ;ounty and State, this day personal) a e
George Staples - City Attorney y pp ared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- T-- ,...... , — alegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached Gipping of an n advertisement was publishpQn the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed \ - b
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 3 , 20
Notary Public
Thank You For Your Payment
Remit To : Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 325332001
Invoice Amount: $57.76
PO Number:
Amount Enclosed: