HomeMy WebLinkAboutOrdinance 2424
· 12/17/99
ORDINANCE No. 2424 Regulating Animals in North Richland Hills
INDEX
1.PREAMBLE....... ... ......... ....... ... ............ ...page 2
2.DEFINITIONS...................................... ...page 2
3.ANIMAL IMPOUNDMENT , , ", , ,, , .page 6
4.KENNELS & MUL TIPET HOUSEHOLDS ....page 10
5.ESTRAY.... .......................................... ...page 18
6. LlCENSI NG.. ... .. . .. . .. .. .. ... .. . .. . .. . ... ... .. . .. . .. . . page 21
7.ANIMAL BITES...................................... ...page 24
8.GENERAL.... ... ............ ............... .......... ...page 25
9.ANIMAL CARE............. ... ...... .... ...... ...... ...page 25
1 O.BOARDI NG/RI 01 NG STABLES................. .page 27
11.DANGEROUS DOGS............................. ...page 29
12.WILD/EXOTIC/DANGEROUS ANIMALS..... .page 36
13.PENAL TIES/SEVERANCE/REPEALER..... ..page 38
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. 12/17/99
ORDINANCE NO 2424
Be it ordained by the City Council of the City of North Richland Hills, Texas, that:
ARTICLE 1. PREAMBLE
The animal regulations as herein established have been made for the purpose of promoting
the health, safety, morals and general welfare of the City of North Richland Hills. The
Ordinance contains standards regulating the use, type, location, maintenance, registration,
confinement, euthanasia and harboring of certain animals. The intent of the regulations,
prohibitions, and provisions is to protect values within the City of North Richland Hills, to
enhance the quality of life of persons, pets, and other animals, and to protect the general
public from damage and injury that may be caused by unregulated animals.
ARTICLE 2. DEFINITIONS
When used in this ordinance the following words and terms, unless the context indicates a
different meaning, shall be interpreted as follows:
2.A ANIMAL DEALER: 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 or other temporary site. Persons buying or selling
animals for, and destined for, human consumption, are not included in this definition.
2.B ANIMAL SERVICES OFFICER: Person designated by the City of North Richland Hills
as the primary enforcement officer of ordinances regulating animals and owners of
. animals and for the enforcement of Sections of thé Texas Statues pertaining to the care
and control of animals.
2.C ANIMAL SERVICES CENTER: Facility designated and operated by the City of North
Richland Hills for the purpose of impounding and caring for animals held under authority
of this Ordinance.
2.0 BOARDING/RIDING STABLES: 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.
2.E BOARDING KENNEL OR CATTERY: Any establishment where dogs, cats, puppies, or
kittens are kept for the primary purpose of boarding for any part of a twenty-four (24)
hour period. This does not include veterinary clinics where boarding is offered in
addition to clinical services.
2.F CLASS A KENNEL OR CATTERY: 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 lor
kittens cannot escape. License shall apply to up to ten (10) dogs or cats and shall
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require an additional CLASS A KENNEL or CATTERY LICENSE for each increment of
up to ten (10) dogs or cats.
2G CLASS B KENNEL OR CATTERY: 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 twelve (12) months. The license shall apply to
up to ten (10) animals. Animals in excess of ten (10) shall be licensed individually.
2.H CLASS C KENNEL: 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.
2.1 DANGEROUS ANIMAL: Any warm blooded mammal which is known to carry or be
susceptible to the rabies virus and which cannot be effectively vaccinated against that
virus with any vaccine approved by the Texas Department of Health. A dangerous
animal includes any hybrid animal or any pet wildlife which has attacked a human,
killed or maimed a domestic animal or a permitted restricted animal as referred to in
Article 12 of this Ordinance, or which is apprehended or observed unrestrained.
However, this definition shall not apply to Dangerous Dogs as addressed in Article 11 of
this Ordinance.
2.J DOMESTIC ANIMAL: Any animal whose physiology has been determined
or manipulated through selective breeding and does not occur naturally in the wild and
any animal which can be vaccinated against rabies with an approved rabies vaccine,
and any animal which has an established rabies quarantine observation period.
2.K 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.
2.L EXOTIC SPECIES: Any animal born or whose natural habitat is outside the continental
United States excluding non-venomous reptiles and fish.
2.M EXOTIC LlVESTOCK/RA TITES: Any species classified as exotic livestock by the
Texas Animal Health Commission.
2.N HARBORING: The act of keeping and caring for an animal or of providing a premise to
which the animal returns for food, shelter, or care for a period of ten (10) days or longer.
2.0 MULTIPLE CAT HOUSEHOLD: A private owner of up to four (4) cats kept exclusively
indoors as companion animals. No inspection is required. All cats must have valid
rabies vaccinations. Permit is required.
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2.P MULTIPLE PET HOUSEHOLD: A private owner of more than three (3) cats and two (2)
dogs or two (2) cats and three (3) dogs where all conditions set out in Article 4 of this
ordinance are met. Permit is required.
2.Q NON-REGISTERED DANGEROUS DOG: Any dog which:
2.Q.1 When unprovoked, severely attacked or inflicted serious injury or death to a
person, whether on public or private property; or,
2.Q.2 Has been deemed non-registerable by the Animal Control Division and upheld or
unchallenged in the court of jurisdiction.
2.R OWNER: Any person who has right of property in an animal including a harborer.
2.S. PET ANIMAL: Shall include dogs, cats, rabbits, rodents, birds, non-poisonous reptiles,
and other species of animals which are sold or retained as household pets but shall not
include skunks, ferrets, non-human 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 ordinance.
2.T PET SHOP: Any person engaged in the business of breeding, buying, selling at retail or
as a broker of animals of any species for profit-making purposes.
2.U POULTRY: All domesticated foul and all game birds which are legally kept in captivity
except those classified as exotic livestock/ratite as defined above.
2V PROPER ENCLOSURE: Means a house or a building, or in the case of a fence or
structure/pen, the fence or structure/pen must be at least six (6) feet in height. The
structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The
fence or structure/pen must form an enclosure suitable to prevent entry of young
children and must be locked and secured such that an animal cannot climb, dig, jump,
or otherwise escape of its own volition. The enclosure shall be securely locked at all
times. The structure/pen shall have secure sides to prevent the dangerous animal or
registered dangerous dog from escaping from the enclosure. The structure/pen shall
provide protection from the elements for the animal. The Animal Services Division may
require a fence higher than six (6) feet or require a secure top and a secure bottom to
the structure/pen if the need is demonstrated.
2.W QUARANTINE BY OWNER: Following are required:
2.W.1 Animal must be inside an enclosed structure, Le., house or garage and must
remain here for ten (10) days.
2.W.2 If maintained outside, animal must be behind a fence from which it cannot
escape and on a chain from which it cannot break loose or inside a covered pen
or kennel from which it cannot escape.
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2.W.3 Animal must be kept away from other animals and people excepting those in the
immediate household.
2.WA Animal may not be removed from Corporate City Limits of North Richland Hills
while under quarantine.
2.W.5 Owner shall notify Animal Services Division immediately if animal becomes sick
or displays any behavioral changes or dies or disappears.
2.W.6 Owner shall not subject the animal to any medical procedure without first
notifying the Animal Services Division, this to include any vaccination.
2.X RABIES VACCINATION: The vaccination of a dog, cat or other domestic animal with
an anti-rabies vaccine approved by the Texas Department of Health and administered
by a veterinarian licensed by the State of Texas.
2.Y REGISTERED DANGEROUS DOG: Any dog registered with the City of North Richland
Hills in compliance with Chapter 8221~ Texas Health and Safety Code, Subchapter 0,
and with the section of this ordinance addressing registered dangerous dogs.
2.l RUNNING AT LARGE: An animal shall be considered running at large:
2.l.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.Z.2 On Premises:
2.l.2a 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.
2.l2b An animal intruding upon the property of another person other than the
owner's shall be termed "at large."
2.l.2c Any animal within a vehicle in a manner that would not prevent that
animal's escape or contact with other persons or animals.
2.AA SERIOUS INJURY: Is defined as bodily injury caused by an animal which produces
severe pain, trauma, loss of blood or tissue, and which requires medical treatment of
wounds inflicted by the animal, and shall include bodily injury resulting from victim,
whether human or animal, attempting to escape or prevent contact with injuring
animal(s).
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2.BB SEVERE ATTACK: Is defined as one in which the animal repeatedly bites or vigorously
shakes its victim, and the victim, or a person intervening, has extreme difficulty
terminating the attack.
2.CC STRAY ANIMAL: Any animal, for which there is no identifiable owner or harborer,
which is found to be at large within the corporate limits of the City of North Richland
Hills.
2.00 THEATRICAL EXHIBITION: Any exhibition or act featuring "performing animals." Such
exhibitions shall not include resident or non-resident dog and cat shows which are
sponsored and/or sanctioned by Animal Services Division, American Kennel Club, the
Untied States Kennel Club, the Cat Fanciers Association, American Cat Fanciers
Association, or any affiliate thereof, nor shall it include any primary horse show.
2.EE UNPROVOKED: With respect to an attack by an animal shall mean that the animal was
not hit, kicked, or struck by a person with an object or part of a person's body nor was
any part of the animal's body pulled, pinched, or squeezed by a person.
2.FF VETERINARIAN: Any practitioner of veterinary medicine licensed by the State of Texas
to practice such in Texas.
2.G WILDLIFE: Any animal which occurs naturally in a wild state. This includes any animal
which is part wildlife.
ARTICLE 3. ANIMAL IMPOUNDMENT
SECTION 3.1 IMPOUNDMENT: Animals owned or harbored in violation of this ordinance or
law of the State of Texas shall be taken into custody by an animal services officer or
other designated official and impounded under the provisions of this ordinance.
SECTION 3.2 DISPOSITION OF IMPOUNDED ANIMALS:
3.2.A DOGS AND CATS WITH NO IDENTIFICATION: All dogs and cats impounded
by the Animal Services Division or brought to the Animal Services Center by a
person other than the harborer or owner of that animal shall be held for a
minimum of ninety-six (96) hours during which time period the owner may
present proof of ownership at the Center and after paying all applicable fees, that
owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after
ninety-six (96) hours in the Center, that dog/cat shall become the property of the
City of North Richland Hills.
3.2.B DOGS AND CATS WITH IDENTIFICATION: All dogs and cats impounded by the
Animal Services Division or brought to the Animal Services Center by a person
other than the harborer or owner of that animal that are wearing traceable
identification or where an owner is known shall be held in the Center for a
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minimum of seven (7) complete days from the time the animal enters the facility,
during which time the Animal Services Division shall notify the owner, when
known, of the impoundment. Unless the owner has notified the Animal Services
Division in writing of his/her intentions to claim the dog/cat after that date, listing
a date by which time that owner will reclaim the dog/cat and satisfy all applicable
fees and this arrangements has been approved by the Animal Services
Supervisor, the animal shall become the property of the City of North Richland
Hills on the eight (8th) day.
3.2.C ANIMALS SURRENDERED BY OWNER/HARBORER: All animals surrendered
by the owner/harborer to the Animal Services Division shall become the property
of the City of North Richland Hills immediately upon completion of the
Owner/Harborer Surrender form.
3.2.0 ANIMALS OTHER THAN DOGS, CATS, OR ESTRAYS IMPOUNDED: All
animals other than dogs, cats, estrays, or animals holding current restricted
animal permits in North Richland Hills impounded by the Animal Services
Division or brought to the Center by a person other than the owner/harborer shall
become the property of the City of North Richland Hills unless such ownership is
prohibited by state or federal law.
3.2.E DISPOSITION OF ANIMALS: Final disposition of all unclaimed animals shall rest
with the Animal Service Division. The Animal Services Division shall retain sole
authority to determine the final disposition of each animal in its custody once that
animal becomes the property of the City of North Richland Hills, and shall not
place any animal for adoption that is classified in this Ordinance as prohibited.
Animals shall be euthanized by an injection of sodium pentobarbital or
substances approved for euthanasia by the American Veterinary Medical
Association and/or the Texas Veterinary Medical Association to be administered
by a certified animal control officer. All animals listed as endangered or
protected shall be transferred to the proper authority at the earliest possible date.
SECTION 3.3 ANIMALS HELD ON COMPLAINT: If a complaint has been filed in Municipal
Court for the City of North Richland Hills against the owner of an impounded animal for
a violation of this ordinance, the animal shall not be released except on the order of the
Animal Services Division which may also direct the owner to pay any penalties for
violation of this ordinance in addition to all impoundment fees. Surrender of an animal
by the owner thereof to the Animal Services Division does not relieve or render the
owner immune from the decision of the court, nor from the fees and fines which may
result from a violation of this ordinance.
SECTION 3.4 REMOVAL OF ANIMALS FROM CONFINEMENT: It shall be unlawful for any
person to remove from any place of confinement any dog or cat which has been
confined as authorized, without the consent of the impounding agency.
SECTION 3.5 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 of North Richland Hills is hereby authorized to take up and deliver to
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the Animal Services Center any animal mentioned in this ordinance that may be found
"at large" in the corporate limits of the City, subject to the applicable provisions of the
law. Failure to notify and/or turn over to the Animal Services Division any such animal
within forty-eight (48) hours may subject the person taking up the animal to civil and/or
criminal action. The animal services officer or his agent and peace officer are authorized
to impound any animal mentioned in this ordinance which is in violation of the
ordinance. In the event the animal is on private property or property of the animal's
owner the animal services 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.
3.5.A It shall be unlawful for any animal to "run at large" as defined in Article 2 of this
ordinance.
3.5.B No dog or puppy may be restrained by leash, tether or chain unattended in the
front yard of a residence or business unless there is a fence surrounding the area
where the animal is restrained.
3.5.C No dog or puppy may be restrained by a fixed point chain or tether for more than
eight (8) hours in a twenty-four (24) hour period. The restraint must be at least
ten (10) feet in length and attached to a pulley or trolley mounted on a cable
which is also at least ten (10) ten feet in length and mounted no more than seven
(7) feet above the ground. Any tethering employed shall not allow the dog or
puppy to leave the owner's property. No chain or tether shall weigh more than
one-eighth (1/8) of the dog or puppy's body weight. Any chain or tether used
must be attached to a properly fitting collar or harness worn by the animal.
SECTION 3.6 CONFINEMENT DURING ESTRUS: Any unspayed female dog or cat in the
state of estrus (heat) shall be confined during such period of time in a house, building,
or secure enclosure, and said area of enclosure shall be so constructed that no other
dog or cat may gain access to the confined animals. Owners who do not comply shall
be ordered to remove the animal in heat to a veterinary hospital or the Animal Services
Center. All expenses incurred as a result of this confinement shall be paid by the
owner. Failure to comply with the removal order of the Animal Services Division shall
be a violation of this ordinance, and the dog and cat will then be impounded as
prescribed in this ordinance.
SECTION 3.7 ADOPTION OF ANIMAL: All animals which are adopted from the Animal
Services Center shall be surgically altered to prevent reproduction in that animal before
leaving the Animal Services Center provided the animal is eight (8) weeks or older or
one pound or more in body weight.
3.7.A 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 adopting that animal
shall sign an agreement stating that he/she will have said animal surgically
altered at that time.
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3.7.B RESPONSIBILITY FOR PROOF: It shall be the responsibility of the person
adopting to provide proof of altering to the Animal Services Division.
3.7.C 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
Animal Services Division the right to recover the adopted animal in question and
revoke the owner's adoption contract. Such failure shall also constitute a
violation of this ordinance.
3.7.0 ADOPTION FEE: The adoption fee shall be set to render neutral the cost of
surgically altering, medicating and preparing said animal for adoption.
3.7.E RABIES VACCINATION: A person adopting a dog or cat that is not yet three (3)
months of age shall have that animal vaccinated for rabies by a veterinarian
licensed within the State of Texas by the date specified during the adoption
procedure. The person adopting the animal is responsible for providing proof of
rabies vaccination to the Animal Services Division within 48 hours of vaccination
date.
SECTION 3.8 SURRENDER OF ANIMALS: There shall be a fee for surrender of animals by
owner/harborer to the Animal Services Center.
3.8.A SMALL ANIMALS: For small animals such as dogs or cats, 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. The
same charge shall apply to dead animals which are picked up by the animal
services officer at the request of the owner.
3.8.B LARGE ANIMALS: For large animals such as horses, cows, goats, sheep and
pigs, a fee shall be charged per animal.
3.8.C SURRENDERED ANIMALS FROM OTHER CITIES: Owners of animals who
reside outside the City of North Richland Hills who bring their animals to the
Center shall pay a fee.
SECTION 3.9 PAYMENT OF FEES: It shall be a violation of this Article to fail to pay all fees
due in accordance with this Ordinance or the Animal Services Fee Ordinance No. 2425
SECTION 3.10 CONTROL NOTICE: Where violations of restraint requirements are observed,
any animal services officer 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 Animal Services
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.
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SECTION 3.11 SURGICAL ALTERATION REQUIRED: Any owner of a dog or cat who is
cited and convicted or who pleads guilty or who receives differed adjudication for a
restraint violation of this ordinance on two (2) occasions within a twelve month period,
shall have the animal spayed or neutered within seven (7) days of the conviction or
plea. Verification from the veterinarian performing the surgery shall be provided to the
Animal Services Division in writing within seven (7) days of the surgery.
ARTICLE 4KENNELS & MUL TIPET HOUSEHOLDS
SECTION 4.1 BOARDING KENNELS OR CATTERYS:
4.1.A All Boarding Kennels or Catterys shall, in addition to the other requirements of
this ordinance, 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 6 of this ordinance and the issuance of a citation subjecting
the owner to the penalties provided in this ordinance. Facilities shall be subject
to inspection by an animal services officer upon his/her request during
reasonable hours.
4.1.B 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 (3) 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.
4.1.C Building temperature shall be maintained at a comfortable level. Adequate
ventilation shall be maintained by means of windows, doors, vents, and fans.
4.1.0 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.
4.1.E Beds or resting benches shall be constructed of an impervious material.
4.1.F 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. They shall be constructed of an impervious material with floors as in
4.1.A of this Section.
4.1 G All enclosures shall be kept clean and dry.
4.1.H All enclosures shall provide protection from the weather.
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4.1.1 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.
4.1.J 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.
4.1.K 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 the Class A
kennel or cattery 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.
4.1.L Animals over the age of three (3) months which are boarded must have proof of a
valid North Richland Hills animal license (if applicable) and rabies vaccination.
4.1.M 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 Animal Services 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 Animal Services
Division upon request.
SECTION 4.2 CLASS A KENNELS OR CA TTERYS: All Class A Kennels or Catterys shall, in
addition to the other requirements of this ordinance, 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 6 of this ordinance and the issuance of a
citation subjecting the owner to the penalties provided in this ordinance. Facilities shall
be subject to inspection by an animal services officer upon request during reasonable
hours.
4.2.A. Each Class A Kennel or Cattery shall comply with the standards set forth in
Section 4.1 of this ordinance in addition to the following standards.
4.2.A.1 Each dog or cat, three (3) months of age or older, must have proof of a
valid vaccination against rabies.
4.2.A.2 Each purchaser of a dog, cat, puppy, or kitten shall be provided with a
copy of Section 4.6, PUPPIES, DOGS, KITTENS, CATS;
CERTIFICATION AS UNFIT FOR PURCHASE, of this ordinance by the
Kennel or Cattery and with a North Richland Hills animal license
application.
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4.2.A.3 Each Class A Kennel or Cattery License shall apply to up to ten (10)
dogs or cats and shall require an additional Class A Kennel or Cattery
License for each increment of up to ten (10) dogs or cats.
SECTION 4.3 CLASS B KENNELS OR CATTERYS:
4.3.A All Class B Kennels or Catterys shall, in addition to the other requirements to this
ordinance 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 6 of this ordinance and the issuance of a citation subjecting the owner to
the penalties provided in this ordinance. Facilities shall be subject to inspection
by an animal services officer upon his request during reasonable hours.
4.3.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 ordinance.
4.3.C Animals kept primarily outdoors: shall be provided with proper 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 ordinance.
4.3.0 Each Class B Kennel or Cattery license shall apply to no more than ten (10) dogs
and/or ten (10) cats, three (3) months of age or older. Any additional dogs or
cats three (3) months of age or older must be licensed individually.
4.3.E Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of
Section 4.6, PUPPIES, DOGS, KITTENS, CATS; CERTIFICATION AS UNFIT
FOR PURCHASE or this ordinance by the Kennel or Cattery and with a North
Richland Hills animal license application.
SECTION 4.4 CLASS C KENNEL
4.4.A Any Class C Kennel shall, in addition to the other requirements of this ordinance,
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. Facilities shall be subject to inspection by an
animal services officer upon his/her request during reasonable hours.
4.4.B Class C Kennels shall comply with the standards set forth in Section 4.1, BOARDING
KENNEL OR CATTERY in addition to the following standards.
4.4.B.1 The area used for training shall be clean, free of accumulated waste and
debris and well drained.
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404.B.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.
404.B.3 Enclosures and the training area must be locked at all times to prevent
unauthorized entry or escape of the animals.
404.Bo4 No training shall employ the use of chemicals, electrical or mechanical
devices which may cause pain, injury or death.
SECTION 4.5 PET SHOPS
4.5.A 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
ordinance, 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 ordinance. Facilities shall be subject to
inspection by an animal services officer upon his/her request during reasonable
hours.
4.5.B There shall be available hot water at a minimum temperature of 140 F. 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.
4.5.C Room tempêrature of the shop shall be maintained at a level that is healthful for
every species of animals kept in the shop.
4.5.0 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.
4.5.E All animals under three (3) months of age are to be fed at least three (3) times
per twenty- four (24) hours. All from three (3) months to nine (9) months of age
are to be fed at least two (2) times per twenty-four (24) hours. All other animals
must be fed at least one time per twenty-four-(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.
4.5.F Each bird must have sufficient room to sit on a perch. Perches shall be 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.
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4.5.G There shall be sufficient clean, dry bedding to meet needs of each individual
animal.
4.5.H All animals must be fed and watered, and all cages cleaned every day including
Sundays and holidays.
4.5.1 Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of
Section 4.6,PUPPIES, DOGS, KITTENS, CATS, CERTIFICATION AS UNFIT
FOR PURCHASE, of this ordinance by the pet shop and with a North Richland
Hills Animal License application.
SECTION 4.6 PUPPIES, DOGS, KITTENS, CATS; CERTIFICATION AS UNFIT FOR
PURCHASE
4.6.A, No pet shop, animal dealer, or other person shall sell any puppy, dog, kitten, or
cat which is unfit for purchase. The purchaser of a puppy, dog, kitten or cat 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 thirty (30) days of the purchase date as evidence that the animal was unfit
for purchase. Any puppy, dog, kitten or cat 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.
4.6.B In the event that a puppy, dog, kitten or cat is certified as unfit for repurchase and
such certification is presented in writing to the pet shop, animal dealer, or other
person, within seventy-two (72) hours of the veterinary certification, the owner or
purchaser may choose one of the hollowing options and the pet shop, animal
dealer or other person shall be obligated to fulfill the conditions of the chosén
option.
4.6.B.1 The owner or purchaser may return the puppy, dog, kitten or cat 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 puppy, dog, kitten or cat, 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 puppy, dog, kitten or
cat 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.
4.6.B.2 The owner or purchaser may return the puppy, dog, kitten or cat 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 puppy, dog, kitten or cat, 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 puppy,
dog, kitten or cat is unfit for purchase pursuant to this Section; and for
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veterinary fees directly related to necessary emergency services and
treatment undertaken to remedy the disease, defect or infection.
4.6.B.3 The owner or purchaser may retain the puppy, dog, kitten or cat 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 puppy,
dog, kitten or cat was certified as unfit, up to the full purchase price of the
puppy, dog, kitten or cat plus tax.
4.6.Bo4 The owner or purchaser of a puppy, dog, kitten or cat 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 puppy, dog
kitten, or cat plus tax in addition to any veterinary fees incurred relating to
the disease, defect or infection up to the full purchase price of the puppy,
dog, kitten or cat plus tax.
4.6.B.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 (2) 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 puppy, dog, kitten or cat 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 Section
4.6.B.1-4 within ten (10) 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.
SECTION 4.7 WAIVER:
4.7.A A purchaser may sign a waiver knowingly relinquishing all of the above rights
specified in Section 4.6.B. The waiver must include the following language:
"These are your rights under City of North Rich/and Hills Ordinance No. 2424. If
you purchase any puppy, dog, kitten or cat which is certified by a veterinarian as
unfit for purchase within thirty (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 seventy-two (72) hours, you have the
right to return animal to the seller for a full refund or exchange of equal value, 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:
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4.7.B 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 or her
own warranty, or sell the puppy, dog, kitten or cat "as is."
4.7.C In addition to the other requirements of this Section, the owner of each dog,
puppy, kitten or cat 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 Animal
Services Division.
4.7.0 All advertisements for the sale, adoption or placement of these animals within
North Richland Hills 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.
SECTION 4.8 MULTIPLE PET HOUSEHOLD: No person shall keep, maintain, harbor or be
enabled to harbor more than three dogs; in the event that person is harboring three dogs,
he/she may not harbor more than 2 cats at the same time. No person shall keep, maintain,
harbor or be enabled to harbor more than three cats; in the event that person is harboring
three cats, he/she may not harbor more than 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 Services
Center. The permit, once issued, shall be defense to the terms of this Section. The Multi-Pet
permit shall be issued provided the applicant meets all provisions of this Section and of this
ordinance. The fee shall be charged and shall be valid for one year form the date of issuance.
Upon inspection of the premises by the Animal Services Division, the permit shall be issued if
the following conditions are met:
4.8.A The facility must be adequate for the number and type of animals to be kept.
4.8.A.1 Facilities shall be of sufficient size as to allow animal to move about
freely. This shall apply to each animal kept. Size of the facility shall be in
proportion to the size of the individual animal's height and weight.
4.8.A.2 Adequate food and water must be provided so that each and all animals
kept shall be maintained in good health and free of malnutrition and/or
dehydration.
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4.8.A.3 The said premises shall be kept in a sanitary condition and reasonably
free of animal waste, parasites, insects and flies that could be harmful to
the animal's health and/or to the health of the general public.
4.8.B The animals and the facility must be kept free of odor or stench which is offensive
to a person of ordinary sensibilities; and
4.8.C The animals must be maintained in a manner which does not pose a danger to
the health of the animals themselves or adjacent animals; and
4.8.0 The animals must not cause noise which is offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent, or neighboring premises; and
4.8.E The applicant or holder of the permit has not been issued citations for violation of
this ordinance on two (2) separate occasions, or animals covered by or to be
covered by the permit have not been impounded on two (2) separate occasions.
4.8.F All animals must be licensed and vaccinated and must wear current tags at all
times in accordance with Article 6.
The Multi-Pet permit may be revoked by the Animal Services Division if, upon
investigation, it is determined that the permit holder has failed to adhere to any of the
above conditions listed in this Section. Once the permit has been revoked, the person
whose permit has been revoked may not reapply for a period of one (1) year from day of
revocation.
SECTION 4.9 MULTIPLE CAT HOUSEHOLD: A person may own and house up to four (4)
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 (4) cats.
SECTION 4.10 PERMITS: Permits shall be valid for one (1) year from date of issuance and
shall only be issued upon approval of Planning & Inspection who shall document that
said Kennel/Cattery meets zoning requirements.
SECTION 4.11 REVOCATION OR SUSPENSION OF PERMIT: Any Kennel/Cattery
permitted under this ordinance shall comply with all zoning laws, and any such Kennel /
Cattery found to be in violation of such laws ,or any other applicable law of the City of
North Richland Hills or of the State of Texas, or that is maintained in such a manner as
to be detrimental to the health, safety or peace of mind of persons residing in the
immediate vicinity, may have its kennel permit suspended or revoked without prior
notice by the Animal Services Division.
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ARTICLE 5. ESTRAY
SECTION 5.1 UNATTENDED ESTRAY: It shall be unlawful for any person, firm or
corporation to allow an estray(s) to be unattended upon any public street, alley,
thoroughfare or upon the property of another in the corporate city limits of North
Richland Hills. The person, firm or corporation having ownership of right to immediate
control of such estray(s) shall have the burden to keep such estray(s) off the public
streets, alleys, and thoroughfares or the property of another in the City. Any person,
firm, or corporation violating any portion of this section shall be deemed guilty of a
misdemeanor and shall be fined not less than ten dollars ($10.00) or more than two
hundred dollars ($200.00).
SECTION 5.2 IMPOUNDMENT: It shall be the duty of the Animal Services Division in
absence of action by the county Sheriff's office, to take up any and all estray that may
be found in and upon any street, alley, or upon any unenclosed lot in the City of North
Richland Hills, or otherwise to be found at large, and to confine such estray for safe
keeping. Upon impounding an estray, the Animal Services Division shall prepare a
"Notice of Estray" and file such notice in the "Estray Book" located in the Animal
Services Center. Each entry shall include the following:
5.2.A The name and address of the person who notified the Animal Services Division of
the estray; and
5.2.B The date, time and location of the estray when found; and
5.2.C The location of the estray until disposition; and
5.2.0 A description of the animal including its breed, color, sex, age, size, all markings
of any kind, and other identifying characteristics.
SECTION 5.3 ADVERTISEMENT OF IMPOUNDED ESTRAY: When an estray has been
impounded, the Animal Services Division shall make a diligent search of the register of
recorded brands in the County for the owner of the estray. If the search does not reveal
the owner, the Animal Services Division shall advertise the impoundment of the estray
in a newspaper of general circulation in the County at least twice during the next fifteen
(15) days following impoundment and post a notice of the impoundment of the estray on
the public notice board of City Hall.
SECTION 504 RECOVERY BY OWNER: The owner of an estray may recover possession of
the animal at any time before the animal is sold under the terms of this Article if:
5.4.A The owner has provided the Animal Services Division with an "Affidavit of
Ownership" of the estray containing at least the following information:
5.4.A.1 The name and address of the owner; and
5A.A.2 The date the owner discovered that the animal was an estray; and
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5.4.A.3 The property from which the animal strayed; and
5A.A.4 A description of the animal including its breed, color, sex, size, all
markings of any kind, and any other identifying characteristics.
5A.B The Animal Services Division has approved affidavit; and
5A.C The affidavit has been filed in the "Estray Book"; and
504.0 The owner has paid all estray handling fees to those entitled to receive them; and
5A.E The owner has executed an "Affidavit of Receipt" containing at least the following
information:
5A.E.1 The name and address of the person receiving the estray; and
5A.E.2 Date of receipt of estray; and
5A.E.3 Method of claim to estray (owner purchaser at sale); and
5A.EA If purchased at sale, the amount of gross purchase price; and
5A.E.5 Amount of estray handling fees paid; and
5A.E.6 The net proceeds of the sale
5A.F The Animal Services Division has filed the "Affidavit of Receipt" in the "Estray
Book"
SECTION 5.5 FEES: For each and every estray taken and impounded there shall be paid to
the City of North Richland Hills by the owner thereof or his agents 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
Animal Services Division. Such fee being charged for the caring and feeding of such
animals(s). The owner shall also pay for any veterinarian or drug fees incurred for the
animals (s) while in the custody of the Animal Services Division. These Fees are set
out in Ordinance No. 2425
SECTION 5.6 SALE OF ESTRAY: If the ownership of an estray is not determined within
fourteen (14) days following the final advertisement required by this Article, title to the
estray rests with the City, and the Animal Services Division shall then cause the estray
to be sold at a public auction. Title to the estray shall be deemed vested in the Animal
Services Division for purposes of passing a good title, free and clear of all claims to the
purchaser at the sale. The disposition of the proceeds derived from the sale of an
estray at public auction will be as follows:
5.6.A Pay all handling fees to those entitled to receive them;
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5.6.B Execute a report of sale of impounded stock;
5.6.C The net proceeds remaining from the sale of the estray after the handling fees
have been paid shall be delivered by the Animal Services Division to the City
Treasurer. Such net proceeds shall be subject to claim by the original owner of
the estray as provided herein.
5.6.0 If the bids are too low, the Animal Services Division shall have the right to refuse
all bids and arrange for another public auction or sealed bidding procedure.
SECTION 5.7 RECOVERY BY OWNER OF SALE PROCEEDS: Within twelve (12) months
after the sale of an estray under the provisions of this Article the original owner of the
estray may recover the net proceeds of the sale that were delivered to the City
Treasurer if:
5.7.A The owner has provided the Animal Services Division with an affidavit of
ownership; and
5.7.B The Animal Services Division has approved the affidavit; and
5.7.C The approved affidavit has been filed in the "Estray Book."
5.7.0 After the expiration of twelve (12) months from the sale of an estray as provided
by the Article, the sale proceeds shall escheat to the City of North Richland Hills.
SECTION 5.8 USE OF ESTRAY: During the period of time an estray is held by one who
impounded the estray, the estray may not be used by any person for any purpose.
SECTION 5.9. DEATH OR ESCAPE OF ESTRAY: If the estray dies or escapes while held by
the person who impounded it, the person shall report the death or escape to the Animal
Services Division. The report shall be filed in the "Estray Book."
SECTION 5.10 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.
SECTION 5.11 ENCLOSURES: It shall be unlawful for any person to keep any horse, cow,
cattle, sheep, or goats within one-hundred (100) feet of another resident or occupied
building, or any hog or pig within five-hundred (500) feet of another residence or
occupied building; except that property containing at least three (3) acres of land, in
Agriculture Zoning, with no more than five (5) 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.
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ARTICLE 6. LICENSING
SECTION 6.1 VACCINATION: Every owner of a dog or cat three (3) months of age or older
shall have such animal vaccinated against rabies. All such dogs or cats shall be re-
vaccinated at one (1) year intervals thereafter. Any person establishing residence
within the City of North Richland Hills shall comply with this ordinance within the (10)
days of establishing such residency. If an unvaccinated dog or cat inflicts a bite,
scratch, or otherwise attacks any person within the City limits, a rabies vaccine shall not
be administered to the dog or cat until that animal is released from quarantine.
SECTION 6.2 CERTIFICATE OF VACCINATION: Upon vaccination, the veterinarian shall
execute and furnish to the owner of the dog or cat as evidence thereof, a certificate of
vaccination. The veterinarian shall retain a duplicate copy of the certificate, and one
copy shall be filed with the owner. Such certificate shall contain the following
information:
6.2.A The name, address and telephone number of the owner of the vaccinated dog or
cat; and
6.2.B The date of vaccination; and
6.2.C The type of rabies vaccine used; and
6.2.0 The year and number of the rabies tag; and
6.2.E The breed (s), age, color, and sex of the vaccinated dog or cat.
SECTION 6.3 RABIES TAG: Concurrent with the issuance and delivery of the certificate
of vaccination, the owner of the dog or cat shall cause to be attached to the collar or
harness of the vaccinated animal a metal tag, serially numbered to correspond with the
vaccination certificate number and bearing the year of issuance. Such tag shall at all
times be securely attached to a collar or harness around the neck of the animal.
SECTION 604 LICENSE REQUIRED: All dogs and cats (3) months of age or older which are
kept, harbored, or maintained within the corporate limits of the City of North Richland
Hills shall be licensed. Cat and dog licenses shall be provided by the Animal Services
Division or tier agent upon payment of the required fee for each cat or dog. Before a
City License will be issued, the owner of the cat or dog must present a certificate from a
licensed veterinarian showing that said cat or dog has been vaccinated for rabies within
the preceding twelve (12) months. The owner shall state his name and address, and
the breed, color and sex of the cat or dog to be licensed. Said license shall be valid for
one year from date of issuance.
SECTION 6.5 FEES: A yearly license fee as set out in Ordinance No. 2425, shall be in effect
with the passage of this ordinance for the following categories:
6.5.A Unaltered animal
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after January 1, 2000
after January 1, 2001
after January 1. 2002
6.5.B Altered animal
6.5.C Altered animal whose legal owner is 65 years of
age or older
No fee
6.5.0 Dogs which are professionally and specifically
trained to assist disabled owner
No fee
6.5.E Duplicate replacement tag
6.5.F Late Animal License Fee (past 30 days)
SECTION 6.6 TAG AND COLLAR: Upon payment of the license fee where applicable, the
City shall issue to the owner a license certificate and metal tag having stamped upon it
the year for which it is issued and the number corresponding with the number of the
certificate. Such tag shall at all times be securely attached to a collar or harness around
the neck of the animal. In case a tag is lost, a duplicate will be issued by the Animal
Services Division or its agent upon presentation of the receipt showing the payment of
license fee for the calendar year. Tags shall not be transferable from one animal to
another, no refunds shall be made.
SECTION 6.7 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 Services Center. The area or premises in which such dog is
confined shall be conspicuously posted with warning signs bearing letters not less than
two (2) inches high, stating "GUARD DOG ON PREMISES." Said area of premises
shall be subject to inspection by the Animal Services 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
Animal Services 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 ordinance.
SECTION 6.8 REVOCATION OF LICENSE:
6.8.A The Environmental Services Director or his/her agent may revoke any cat or dog
license after a hearing for anyone or more of the following reasons:
6.8.A.1 Impoundment of a cat or dog by the Animal Services Division more than
two (2) times during a twelve (12) month period; or
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6.8.A.2 More than two (2) final convictions of a person for violating this Article
when such convictions relate to the cat or dog which is being considered
for revocation of its license certificate; or
6.8.A.3 Any combination of (1) and (2) totaling three (3) incidents; or
6.8.A.4 Upon a determination that the animal is a Non-registerable Dangerous
Dog, as defined in Article 11.
6.8.B Upon revoking the license of any cat or dog, the Animal Services Division shall
notify the owner of the cat or dog of said action in writing. Written notification
shall be deemed made when a certified letter, return receipt requested,
addressed to the last known mailing address of the cat or dog's owner is
deposited in the U.S. Mail.
6.8.C. Upon the expiration of the ten (10) days after written notification of revocation is
deposited in the U. S. Mail, as provided above, no cat or dog which has had its
license revoked shall be kept, maintained, or harbored within the city limits, and
each twenty-four (24) hour period shall constitute a separate violation.
SECTION 6.9 AUTHORITY TO CONDUCT LICENSE VERIFICATION PROGRAMS: the
Animal Services Division shall have the authority to conduct random or city wide
verification programs in a manner calculated to determine compliance with the license
and rabies vaccination requirements.
SECTION 6.1 0 LATE FEE: For the purpose of this ordinance, a late fee may be assessed
under the following conditions:
6.10.A Failure to obtain a license for a dog or cat within thirty (30) days of that animal
reaching three (3 ) months of age.
6.10.B Failure to renew license within thirty (30) days of expiration of current license.
6.10.C Failure to obtain license within thirty (30) days of the animal taking up residence
in North Richland Hills.
SECTION 6.11 VIOLATION NOTICE: Where violations of the licensing and/or rabies
vaccination requirements of this ordinance are observed, any animal services 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 Animal Services
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 ordinance and may result in the
issuance of a citation.
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ARTICLE 7. ANIMAL BITES
SECTION 7.1 REPORTING BITES/SCRATCHES: 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 twelve (12) hours report such
treatment to the Animal Services 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.
SECTION 7.2 REPORTING SUSPECTED RABIES: Any veterinarian who clinically
diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or
wild animal shall immediately report the incident to the Environmental Services
Department stating precisely where such animal may be found. If a known suspected
rabid animal bites or scratches a domestic animal, such incident shall also be reported
as required above.
SECTION 7.3 QUARANTINE OF DOGS AND CATS:
7.3.A Any owned dog or cat which has bitten or scratched a person shall be observed
for a period of ten (10) days from the date of the bite. The procedure and place
of observation shall be designated by the investigating officer or responsible
agency, in compliance with State Law. If the dog or cat is not confined on the
owner's premises, confinement shall be by impoundment in the Animal Services
Center, or at a veterinary hospital of the owner's choice, within a ten (10) mile
radius of North Richland Hills. Such confinement shall be at the owner's
expense. Stray dogs and cats or those animals whose owner's cannot be
located shall be confined in the Animal Services Center for a period of four (4)
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 or cat that has been reported to have
inflicted a bite on any person shall, on demand, produce said dog or cat for
impoundment, as prescribed in this Article. Home qUarantine as defined in
Article 2, may be allowed only in those incidents where permitted by State Law
and agreed to by the Animal Services Division. Refusal to produce said dog or
cat constitutes a violation of this Section and each day of such refusal shall
constitute a separate and individual violation.
7.3.B Any wild, exotic or dangerous animal as defined in Article 2, and considered "high
risk" according to State Law, which has bitten or scratched a person shall be
caught and humanely killed and the brain submitted for rabies examination.
Those wild animals which are classified as "low risk" animals shall be handled as
dictated by State Law.
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ARTICLE 8. GENERAL
SECTION 8.1 CREATING A HEALTH HAZARD:
8.1.A Any person who shall harbor or keep on his/her premises, or in or about a
premises under his/her control, an animal and who allows his/her premises to
become a hazard to the general health and welfare of the community, or who
shall allow his/her premises to give off obnoxious or offensive odors due to the
activity or presence of such animals, shall be guilty of a misdemeanor.
8.1.B Any person who shall allow his/her animal to eliminate on public property or the
property of another and does not remove same immediately shall be guilty of a
misdemeanor.
SECTION 8.2 TAMPERING WITH TRAPS AND EQUIPMENT: No person shall remove, alter,
damage or otherwise tamper with a trap or equipment belonging to/set out by the
Animal Services Division.
SECTION 8.3 AUTHORITY TO DESTROY INJURED/DISEASED ANIMALS: The Animal
Services Division or authorized representative, is authorized to destroy any injured or
diseased animal, whether such animal is on public or private property, and the recovery
from such injuries or disease is in serious doubt, and after a reasonable effort has been
made to locate the owner of such animal.
SECTION 804 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 9. ANIMAL CARE
SECTION 9.1 PROVIDE CARE: No owner shall fail to provide an animal in his/her care with
sufficient good and wholesome food or water, adequate housing consisting of a three
sided structure with a cover or roof, shelter and protection from weather, veterinary care
when needed to prevent suffering, and with humane care and treatment.
SECTION 9.2 CRUEL TREATMENT: No person shall beat, cruelly ill treat, torment, mentally
abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit
any dog fight, cock fight, butt fight, or other combat between animals or between
animals and humans.
SECTION 9.3 ABANDONMENT: No person shall abandon an animal in his/her custody
SECTION 9.4 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
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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.
SECTION 9.5 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.
SECTION 9.6 POISONOUS SUBSTANCEITRAPS: No person shall expose any known
poisonous substance, whether mixed with food or not, so that the same shall be liable to
be eaten by any domestic animal or person. This Section is not intended to prohibit use
of herbicides, insecticides, or rodent control materials. No person shall expose an open
trap or metal jaw type that shall be liable to injure any domestic animal or person;
however, this shall not preclude use of humane box traps.
SECTION 9.7 THEATRICAL EXHIBITS: All Theatrical Exhibits as defined herein shall, in
addition to other requirements of this ordinance, comply with the minimum standards of
this Section. Facilities shall be subject to inspection by an Animal Services officer upon
his/her request during reasonable hours.
9.7.A Animal quarters shall be of sufficient size to allow each animal to stand up, lie
down, and turn around in a natural position without touching the sides or top, or
any other animal or waste.
9.7.B Each enclosure shall be maintained in comfortable and healthy temperature level
as well as adequate ventilation.
9.7.C No enclosure, performance or exhibit area shall be located in such a manner as
to allow the public to come in contact with the animal.
9.7.0 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.
9.7.E No animal shall be caused to fight, wrestle or be physically matched against any
other animal or person.
9.7.F No animal shall perform or be displayed in any dangerous situation presenting
the danger of physical injury to the animal or person.
9.7.G The Animal Services Division must be notified of all displays or performances,
including date, time and exact location at least forty-eight (48) hours in advance
of a display or performance.
9.7.H No dog or cat may be killed for the purposes of human consumption or for its fur
within the city limits of North Richland Hills. No domestic animal may be killed for
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human consumption in such a manner as to disturb the sensibilities of
neighboring residences!!
SECTION 9.8 REMOVAL OF ANIMAL IN IMMEDIATE DANGER; Any animal observed by a
police officer or animal services officer to be in immediate danger may be removed from
such situation by the quickest and most reasonable means available.
ARTICLE 10. BOARD/RIDING STABLES
SECTION 1 0.1 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.
10.1.A All animals shall be provided with daily food and water, free from contamination.
Such food shall be wholesome, palatable and of sufficient quantity and nutritive
value to meet the normal daily requirements for the condition and size of the
animal.
10.1.B All equipment used for riding must properly fit each individual animal.
10.1.C All buildings and sheds used for stabling animals shall be well lit and ventilated
and provide adequate protection from the weather. All buildings and sheds used
for stabling animals shall be kept clean and in good repair at all times and
manure and urine shall be removed therefrom daily. Acceptable bedding
material must be provided. Any enclosure where animals are kept shall be
graded and raked to keep the surface reasonably dry.
10.1.0 Flies and other insects must be controlled through general sanitation and
necessary means.
10.1.E Animals let for riding/teaching purposes must be in good physical condition.
1 0.1.F Boarding/riding stables which rent or lend horses to the general public for
pleasure riding and or lessons, and pony rides shall, in addition to the above
requirements also adhere to the following standards.
10.1.F.1 Animals exhibiting the following shall be deemed unfit for work:
10.1. F .1.a Sores of abrasions caused or likely to be irritated by the
bearing of services, girth, harness or bridles, unless packing could
be utilized.
10.1.F.1.b Serious injury or illness.
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10.1.F.1.c Obvious signs of emaciation, malnutrition, lameness or
exhaustion.
10.1.F.2 Animals requiring veterinary care shall not be moved, ridden or driven
except for the purpose of humane keeping, pasturing or obtaining medical
care.
10.1.F.3 Animals shall be properly shod, and the hooves shall be kept trimmed.
10.1.FA Animals shall be kept clean particularly in the areas in contact with
harness or other tack.
10.1.F.5 Animals shall not be worked more than two (2) hours without being
given a total of thirty (30) minutes rest. The maximum working period for
anyone animal shall be ten (10) hours out of every twenty four (24) hours.
10.1.F.6 Animals shall not be worked when the temperature at the workplace
reaches or exceeds 95 degrees Fahrenheit. Animals which are on heat
stress treatment which has been prescribed by a veterinarian may be
worked while under such treatment as long as a veterinarian is on the
premises of the workplace.
10.1.F.7 No animal shall be over-ridden or driven to result in overheating or
exhaustion.
10.1.F.8 All tack, to include but not limited to harnesses, bridles, saddles, and
blankets shall be kept cleaned and in good repair..
10.1.F.9 No animal shall be made to perform by means of any prod, stick, .
electrical shock, physical force, or by causing pain or discomfort. Any
whip or riding crop must be used so as not to cause injury to the animal.
SECTION 10.2 QUARANTINE: The Animal Services 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:
10.2.A Excessive parasitism diagnosed by a veterinarian which would cause the
animals to be unfit to be ridden or driven.
10.2.B. General malnutrition as diagnosed by veterinarian.
10.2.C Presence or suspicion of transmissible disease as diagnosed by a qualified
veterinarian.
SECTION 10.3 INSPECTION: Facilities shall be subject to inspection by an Animal Services
Officer upon his/her request during reasonable hours.
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SECTION 1004 INSPECTION FEE: There shall be a fee, as set out in Ordinance No. 2425,
for the inspection of facilities by the Animal Services Division.
ARTICLE 11. DANGEROUS DOGS
SECTION 11.1 NON-REGISTERD DANGEROUS DOGS: No person shall own or harbor a
non-registered dangerous dog within the City of North Richland Hills. Such an animal
may be impounded as a public nuisance. If impoundment of said non-registered
dangerous dog is being attempted away from the premises of the owner and the
impoundment cannot be made with safety, the animal may be destroyed without notice
to the owner or harborer. If an attempt is made to impound a non-registered dangerous
dog from the premises of the owner or harborer and the impoundment cannot be made
with safety, the owner or harborer will be given twenty-four (24) hours notice, that if that
animal is not surrendered to the Animal Services Division for impoundment within said
twenty-four (24) hour period, then the animal will be destroyed wherever it is found.
After this notice, the non-registerable dangerous dog my be destroyed during an
attempt to impound, if impoundment is attempted. Notice under this Article may be
verbal or in writing. A written notice left at the entrance to the premises where the non-
registered dangerous dog is harbored will be considered valid notice under this article.
SECTION 11.2 DETERMINATION OF NON-REGISTERED DANGEROUS DOG: A dog is
determined to be a non-registered dangerous dog if
11.2.A A dog is automatically determined to be non-registered if it commits acts as
defined in Article 2.J.1 of this ordinance; or
11.2.B The Animal Services Division may find and determine a dog to be non-
registered if:
11.2.8.1 Upon receipt of an Affidavit of Complaint signed by one or more individuals,
made under oath before an individual authorized by law to take sworn statements
or made at the Animal Services Center before a certified Animal Services Officer,
setting forth an act described in Article 1.F.1 and set forth as follows:
11.2.B.1.a Nature and the date of the act described in Article 2.0.1; and
11.2.B.1.b the location of the event; and
11.2.B.1.c The name and address of the owner of the animal in question; and
11.2.B.1.d The description of the animal in question.
11.2.B.2 The Animal Services Division shall investigate the complaint and may
determine that an animal is non-registered under this ordinance and/or State
Law.
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11.2.C The dog has been registered as, or finally determined or declared to be a
dangerous dog either in North Richland Hills or in another city or county in Texas
and has made an unprovoked attack on another person outside the dog's
enclosure and caused injury to such person or a person assisting or intervening
on behalf of such person; or
11.2..0 The owner of a dog determined to be a registered dangerous dog under this
ordinance, or any previous other ordinance of this City or any other city or state
law, cannot or will not comply with the requirements set out in this Article for the
keeping of a registered dangerous dog.
SECTION 11.3 NOTIFICATION OF DETERMINATION OF A NON-REGISTERED
DANGEROUS DOG:
11.3.A. Within five (5) working days of determining an animal non-registered, the
Animal Services Division will notify, by verified mail, return receipt requested, the
person owning the animal of its designation as a non-registered animal. In the
event that certified mail cannot be delivered, that Animal Services Division may
then give notice by ordinary mail to last known address of owner. For the
purposes of this Section, notice may be delivered by the Animal Services
Division in person to the owner/harborer
11.3.B If the animal is determined to be non-registered under this ordinance, the owner
may appeal to the North Richland Hills Municipal Court within ten (10) days of
notification. Failure to appeal the determination of non-registered dangerous dog
shall result in the Animal Services Division's determination as final.
SECTION 1104 STATUS OF DOG PENDING APPEAL: Pending the outcome of the appeal to
North Richland Hills Municipal Court, the animal must be confined at the Animal
Services Center the cost of which shall be borne by the owner. If the dog in question is
not in the possession of the Animal Services Center at the time of the declaration, the
owner must surrender said dog to the Animal Services Division when ordered to do so
by any animal services officer or police officer. If the owner fails to immediately
surrender the dog, the Animal Services Division shall have the right to take the dog into
its possession from the premises of the owner or elsewhere, wherever the dog may be
found within the City limits. If the dog cannot be taken into custody by the Animal
Services Division, it may be taken into custody under a search warrant for contraband
issued by the North Richland Hills Municipal Judge or other Magistrate having
ju risd iction.
SECTION 11.5 DEFENSE TO DETERMINATION OF NON-REGISTERED DANGEROUS
DOG: It is a defense to the determination of a dog as a non-registered dangerous dog
and to the prosecution of the owner of that dog:
11.5.A If the threat, injury, or damage was sustained by a person who at the time was
committing a willful trespass or other tort upon the premises occupied by the own
of the animal; or
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11.5.B If the person was teasing, tormenting, abusing, or assaulting the animal or has,
in the past, been reported to have teased, tormented, abused or assaulted the
animal; or
11.5.C If the person was committing or attempting to commit a crime; or
11.5.0 If the dog was protecting or defending a person while in that person's control,
from an unjustified attack or assault; or
11.5. E If the dog was injured and responding to pain.
SECTION 11.6 DISPOSITION ON NON-REGISTERED DANGEROUS DOG:
11.6.A. If the North Richland Hills Municipal Court upholds the determination by the
Animal Services Division, the court shall order the dog to be euthanized in a safe
and humane manner at the Animal Services Center.
11.6.B In the event the North Richland Hills Municipal Court reverses that
determination, the dog in question shall be returned to or released to its owner
provided the owner reimburses the City for any veterinary medical treatment
administered to said dog while in the custody of the Animal Services Division.
SECTION 11.7 REGISTERED DANGEROUS DOG: Shall refer to a dog determined
dangerous under this Article or in compliance with State Law or that meets any of the
following criteria:
11.7.A Any dog which, when unprovoked, chases or approaches a person upon the
streets, sidewalks, or any public or private property in an apparent attitude of
attack such that the person reasonably believes that the animal will cause
physical injury to the person; or
11.7.B Any dog that commits an unprovoked act in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own and the act causes a person to reasonably
believe that the dog will attack and cause bodily injury to that person; or
11.7.C Any animal that has killed or seriously injured or caused to be seriously injured
a domestic animal or a permitted restricted animal as defined in Article 12,
without provocation while off the owner's property.
SECTION 11.8 DETERMINATION OF REGISTERED DANGEROUS DOG: A dog is
determined to be a registered dangerous dog if it meets the requirement(s) set out in
Section 7 of this Article; and
11 .8.A The owner of the dog in question knows of such an attack as defined in this
Article; or
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11.8.B The owner is notified by the Animal Services Division that the dog in question is
a registered dangerous dog. The Animal Services Division may find and
determine a dog to be a registerable dangerous dog if
11.8.B.1 Upon receipt of an Affidavit of Complaint signed by one or more
individuals, made under oath before an individual authorized by law to
take sworn statements or made at the Animal Services Center before a
certified animal services officer, setting forth an act described in Section 7
of this Article and set forth as follows:
11.8.B.1.a nature and the date of the act described in Section 7; and
11.8.B.1.b The location of the event; and
11.8.B.1.c the name and address of the owner of the animal in question;
and
11.8.B.1.d the description of the animal in question.
11.8.B.2 The Animal Services Division has been notified by another agency that
the dog has been determined to be dangerous under the State Law or
applicable ordinance of notifying city.
SECTION 11.9 NOTIFICATION OF DECLARATION OF A REGISTERED DANGEROUS
DOG:
11.9.A. Within five (5) working days of determining a dog a registered dangerous dog, if
written notification cannot be given personally to the owner of the dog the Animal
Services Division will notify, by certified mail, return receipt requested, the person
owning the animal of its designation as a registered dangerous dog. In the event
the certified mail, return receipt requested, cannot be delivered, the Animal
Services Division may then give notice by ordinary mail.
11.9.B If the dog is determined to be registered under this ordinance, the notice shall
inform the owner of the dog he/she may appeal the determination to Municipal
Court no later than ten (10) days after the date the owner is notified of the
determination. Failure to appeal the determination of registered dangerous dog
within the ten (10) day period shall result in the Animal Services Division's
determination becoming final.
SECTION 11.10 STATUS OF DOG ON APPEAL: Pending the outcome of the appeal, the
animal must be confined at a licensed veterinarian clinic or at the Animal Services
Center, the cost of which shall be borne by the owner of the dog in question. If the dog
in question is not in the possession of the Animal Services Center or a veterinary clinic
at the time of the determination, the owner must surrender the said dog to the Animal
Services Division when ordered to do so by any animal services officer or police officer.
If the owner fails to immediately surrender the dog, the Animal Services Division shall
have the right to take the dog into its possession from the premises of the owner or
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elsewhere, wherever the dog may be found within the City limits. If the dog cannot be
taken into custody by the Animal Services Division, it may be taken into custody under a
search warrant for contraband issued by the Municipal Judge or other Magistrate having
ju risd iction.
SECTION 11.11 DEFENSE TO DETERMINATION OF REGISTERED DANGEROUS DOG:
Section 11.5.A through Section 11.5.E of this Article shall serve as a defense to the
determination of a dog as a registered dangerous dog and to the prosecution of the
owner of that dog.
SECTION 11.12 DISPOSITION OF REGISTERED DANGEROUS DOG:
11.12.A. If the Municipal Court upholds or has ever upheld under previous or other
ordinances of this city or other cities or State Law, the determination by the
Animal Services Division, the owner shall, no later than ten (10) days after the
Determination Hearing comply with the provisions of this ordinance for the
keeping of a registered dangerous dog in North Richland Hills and the dog shall
be returned to the owner provided all costs involved in the impoundment, holding
and medical treatment of said dog are paid.
11.12.B In the event the Municipal Court reverses that determination, the dog in
question shall be returned to or released to its owner provided the owner has
paid all veterinary medical costs administered to such dog while in the custody of
the Animal Services Division.
11.12.C If the Animal Services Division has information or belief, or has determined
that a court of competent jurisdiction has ever made or upheld a determination of
declaration that a dog is dangerous, or if the Animal Services Division has
determined that a declaration'or determination of dangerous dog became final for
failure to appeal or any other reason, under previous or other ordinances of this
City or other cities or State law, the Animal Services Division shall notify the
person owning or keeping such dog in writing that the owner shall no later than
ten (10) days after the date of the notice comply with the provisions of this
ordinance for the keeping of a registered dangerous dog in North Richland Hills.
SECTION 11.13 REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A
REGISTERED DANGEROUS DOG: Owner must register the dog at the Animal
Services Center, and pay an annual fee. The registration shall not be transferable and
shall expire one year from date of issuance. The Animal Services Center shall provide
to the owner of the registered dangerous dog a tag which must be placed on the dog's
collar and worn at all times; and
11.13.A The owner must comply with the following to register the dog:
11.13.A.1 Present proof of liability insurance or financial responsibility in the
amount of at least one hundred thousand dollars ($100,00.00) to cover
damages resulting from an attack by the dangerous dog which causes
bodily injury to a person; and
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11.13.A.2 Present proof of current rabies vaccination of the registered
dangerous dog; and
11.13.A.3 Present proof that the dog has been altered so as to prevent
reproduction; and
11.13.A.4 Present proof that the owner has attended the Responsible Pet
Ownership class provided by the Animal Services Center; and
11.13.A.5 The owner must provide a proper enclosure as defined in Article 2 of
this ordinance and that proper enclosure must be inspected and approved
by the Animal Services Division; and
11.13.A.6 The owner shall post a sign on his/her premises warning that there is
a dangerous dog on the property. This sign shall be visible and capable of
being read from the public street or highway. In addition, the owner shall
conspicuously display a sign with a symbol warning, understandable by
small children, of the presence of a dangerous dog; and
11.13.A. 7 Owner shall caused to be placed around the dog's neck a collar
indicating the dog is dangerous. This collar may be obtained at the
Animal Services Center and must be worn at all times; and
11.13.A.8 The dog shall be implanted with a microchip identifying it and this
identifying number shall be recorded with the agency where the animal
residesl Further identification may be required and designated by the
order of the Director of Environmental Services.
11.13.B When the registered dangerous dog is taken outside the approved proper
enclosure, the animal must be securely muzzled in a manner that will not cause
injury to the dog nor interfere with its vision or respiration but shall prevent it from
biting a person or other animal, and the dog must be restrained by a substantial
chain or cable leash having a minimum tensile strength of one thousand (1,000)
pounds and not to exceed six (6) feet in length; and
11.13.C Prior to selling or moving the registered dangerous dog either inside or outside
the City Limits of North Richland Hills, the owner must notify the Animal Services
Division of his/her intentions. In the event the dog is moved permanently outside
the City Limits of North Richland Hills, the owner must comply with the State Law
in notifying the animal control authority in control of the area into which the dog
has been moved.
11.13.0 Anyone bringing a dog into the City Limits of North Richland Hills that has
been declared dangerous by another animal control authority must notify the
Animal Services Division of the new address where the dog will be kept and upon
presentation of the dog's prior registration tag that has not expired, shall pay a
fee, and the Animal Services Division shall issue a new tag to be placed on the
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dog's collar. This owner must also comply with all requirements set out in this
ordinance.
SECTION 11.14 ATTACK BY REGISTERED DANGEROUS DOG: The owner of a dangerous
dog shall notify the Animal Services Division immediately of any attacks the dog makes
on people or animals.
SECTION 11.15 APPEAL FROM MUNICIPAL COURT: Any appeal of the decision or order of
the Municipal Court of North Richland Hills shall be made within twenty (20) days in the
same manner as appeal from civil cases originating in the Justice of the Peace Courts
of the State. The Municipal Court shall order the appellant to post supersede bond
payable to the City of North Richland Hills in an amount not less than ten thousand
dollars ($10,000). The form of the bond shall be as prescribed in the laws pertaining to
civil appeals originating in the Justice of the Peace Courts in this State. The appellant
shall be responsible for the cost of appeal.
SECTION 11.16 DEFENSE TO PROSECUTION FOR VIOLATION OF REGISTERED
DANGEROUS DOG: It is a defense to prosecution of Section 11.14 that the person is:
11.16.A Veterinarian, peace officer, employee of the City of North Richland Hills in the
performance of his/her duties; or
11 .16. B An employee ottheinstitutionaldivision of the Texas Department of Criminal
Justice or a law enforcement agency and trains or uses dogs for law enforcement
or corrections purposes; or
11.16.C A dog trainer or an employee of a guard dog company, while in the
performance of his/her duties, under the Texas Private Investigators and Private
Sècurity Agencies Act in State Law.
SECTION 11.17 PENALTIES FOR VIOLATION OF THIS ARTICLE:
11.17.A It shall be a violation of this ordinance if the person is the owner of a registered
dangerous dog and the dog makes an unprovoked attack on another person out-
side the dog's proper enclosure and causes bodily injury to the other person
whether or not the dog was on a leash and securely muzzled or whether or not
the dog escaped without fault of the owner.
11.17.8 It shall be a violation of this ordinance if the person is the owner of a registered
dangerous dog and that dog kills or wounds a domestic animal while outside the
dog's proper enclosure whether or not the dog was on a leash and securely
muzzled or whether or not the dog escaped without fault of the owner.
11.17.C It shall be a violation of this ordinance if the person is the owner of a registered
dangerous dog and that dog attacks a person who gains access to the proper
enclosure due to negligence on the part of owner or owner' agent.
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11.17. 0 In addition to criminal prosecution, a person who commits an offense under
this Article is liable for a civil penalty not to exceed ten thousand dollars
($10,000). The City Attorney of North Richland Hills may file suit in a court of
competent jurisdiction to collect the penalty. Penalties collected under this
subsection shall be retained by the City of North Richland Hills.
ARTICLE 12. WILD I EXOTIC I DANGEROUS ANIMALS
SECTION 12.1. 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.
SECTION 12.2 PROHIBITED ANIMALS: No person may possess a venomous reptile,
elephant, rhinoceros, skunk, raccoon, fox, coyote, bat, lion, tiger, ocelot, cougar,
leopard, cheetah, jaguar, hyena, bear, lesser panda, binturong, 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.
SECTION 12.3 RESTRICTED ANIMALS: No person may possess any individual species or
subspecies of any of the following animals without a permit issued through the Animal
Services Division: ferret, miniature pig not to exceed 100 pounds in weight.
SECTION 1204 NON-VENOUS REPTILES: Shall be registered with the Animal Services
Division and shall meet all requirements set out in Section 12.5.B of this Article.
SECTION 12.5 PERMIT REQUIREMENT FOR RESTRICTED ANIMAL OWNERSHIP: Any
person who wishes to possess a restricted animal in the City Limits of North Richland
Hills must:
12.5.A Apply for said permit at the Animal Services Center and provide the following
information and documentation:
12.5.A.1 A health certificate from a licensed veterinarian stating that the animal
is free from symptoms of infectious disease or is under treatment. A new
health certificate is required each time the permit is renewed. Copy will
remain with the Animal Services Division.
12.5.A.2 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 Animal Services Division.
12.5.A.3 Information relating to the owner including emergency telephone
numbers and telephone numbers for their veterinarian in case of
emergencies.
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12.5.A.4 Present proof of liability insurance or financial responsibility in the
amount of one-hundred thousand dollars ($100,000.00) to cover the
damages resulting from an escape and lor attack by the animal to be
permitted.
12.5.A.5 Owner has attended a course approved by the Animal Services
Division in the care and maintenance of the animal in question and
presents proof of satisfactory completion to the Animal Services Division.
12.5.B Before a permit is issued the Animal Services Division shall inspect the facility
where the animal is to be kept, which must meet the following criteria:
12.5.B.1 Each enclosure must provide adequate exercise area and sleeping
quarters.
12.5.B.2 Proper temperature control and ventilation for the particular species
must be provided in both areas.
12.5.B.3 Each enclosure must be kept locked and designed so that no one can
enter or place appendages in the enclosure.
12.5.BA Each enclosure must be constructed so as to prevent the animal from
escaping.
12.5.B.5 Each enclosure must be kept in good repair to prevent both escape and
injury to the animal.
12.5.8.6 Each enclosure must have a water container which is secured so as to
prevent its being overturned.
12.5.B.7 Each enclosure must be cleaned daily.
12.5.C Owners keeping permitted restricted animals as pets inside their residence are
not required to provide for the requirements of 12.5.A.1 through 12.5.A.7 above,
except there must be separate sleeping quarters. The animal(s) must remain in
the owner's home or in the prescribed enclosure, if outdoors. If transported to
the veterinarian, the animal must be kept in an escape-proof cage previously
approved by the Animal Services Division.
12.5.0 Each animal must be provided with continuous clean water and must be fed a
diet approved by a licensed veterinarian.
12.5.E Any animal which has bitten or scratched someone must be immediately
surrendered to the Animal Services Division for euthanasia and testing by the
Texas Department of Health.(T.D.H.) A live test approved by T.D.H. may be
substituted for euthanasia.
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12.5.F A fee for restricted animal permit shall charged and the permit shall expire one
year from date of issuance and shall not be transferable.
SECTION 12.6 VIOLATION OF PERMIT REQUIREMENTS: Failure to comply with the permit
requirements shall constitute a violation of this Article and each day of non-compliance
shall constitute a separate offense.
SECTION 12.7 EXEMPT: The Article does not apply to:
12.7.A Zoological park accredited by the American Association of Zoological parks and
Aquariums.
12.7.B Federally-licensed research institutions.
12.7.C Any government agency or its employee who use the animals for an agency
related to education, propagation, or behavior program.
12.7.0 Anyone holding a valid rehabilitation permit from Texas Parks and Wildlife but
only for animals which are in rehabilitation and scheduled to be released to the
wild.
SECTION 12.8 PERMIT REQUIRED: Any person in possession or in control of a restricted
animal as defined in this Article at the time of passage of this ordinance shall have thirty
(30) days from passage to obtain permit required by this ordinance. From and after said
thirty (30) day period, said person who fails to obtain a permit shall be in violation of this
ordinance.
ARTICLE 13. PENALTIES I SEVERANCE I REPEALER
SECTION 13.1 PENALTY FOR VIOLATION: Any person who violates any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be
punished by a fine not to exceed two hundred dollars ($200.00). Each day of violation
shall constitute a separate offense.
SECTION 13.2 SEVERANCE CLAUSE: If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance.
SECTION 13.3 REPEALER: All ordinances and parts of ordinances in conflict here with are
hereby repealed on the effective date of this ordinance, which will be ten (10) days from
passage and publication as required by law.
Passed and Approved this ~ of ~vem~be r. ' ,19919
L'1 '-"r~ ) '#/'--
, ayor
....
38
12/17/99
ATTEST:
'.T) ..
. ,./. . J
t···~;WU¿/(¿( jj¿d5(fr-
'--
Patricia Hutson, City Secretary
39
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Start Date:
Bill To:
CITY OF NO RICHLAND HILLS/SECRE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn:
CIT13
162003321
11/22/99
Net due in 21 days
11/30/99
16200332
073
ORDINANCE NO.2
11/19/99
ORDINANCE NO. 2424 An Ordinanc
1358
30
30
LINE
Sales Discount
~ .~~"'.~ of
...,~,
r. ......... 11\ the
C . ....~
ing tmpoun melfl. licensing,
and care of animals; províd- I
ing for control of animals;
providing for control of dan~
gerous clogs and prohibiting
possession of wild and dan,
f~:~u~en~7~m~\s~ &:'~~~~~
S200.00 for violation of this
Ordinance; providing for a
savings clause and establish-
ing an effective date.
Passed and APproved by the
City Council of the C[ty of
North Richland Hills... Texas
I on November 8, 199".
Approved:
IslCharles Scoma. Mayor
Attest:
l$lPatricUI ~..
City Seìlretllf'ì
APØI'olled~ to F_
'~~imní
Qih'Attornev
Net Amount:
THE STATE OF TEXAS
County of Tarrant
$5.51
$330.60
($309.00)
$21.60
Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star-
Telegram, published by the Star-Telegram, Inc. at Fort Worth, In Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
atr.ached clipping of an advertisement was published In the above named paper on the listed dates: November 19, 1999 and November 22,1999
~~~'"~~~..
SUBSCRIBED AND SWORN TO BE'ORE ME, THIS ''''''y, ""';l1i.1999. \.. 1/ ~ A
Notary Public ~ ,.,. /.JA . r I i ~ (1/ {l ~
...". - - - - - - _.--------- -- ~ - -
le DAWN M. KUYKEN"DÄLL--¡-
COMMISSION EXPIRES
Thank You For Your Payment _ _ " _ " _ _ ~E:~E~~~A_1~ ~~o~ _ _ .
~---_._.-