O85-10ORDINANCE NO. 85 -10
ANIMAL CONTROL ORDINANCE
An ordinance providing for rabies control; reporting
of animal bites; providing for quarantine; restraint of
animals running at large; restraint of vicious animals;
impoundment of animals; providing for fees; prohibition of
certain species of animals; and describing penalties for
violating such provisions.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1. Definitions. When used in this ordinance
the following words and terms, unless the context indicates
a different meaning, shall be interpreted as follows:
1.1 OWNER: Any person, firm or corporation who has
right of property in an animal or who harbors an animal or
allows an animal to remain about his premises for a period of
10 days.
1.2 HARBORING: The act of keeping and caring for an
animal or of providing a premise to which the animal returns
for food, shelter or care for a period of 10 days.
1.3 DOMESTIC ANIMAL: Shall include all species of
animals commonly and universally accepted as being
domesticated.
1.4 WILD ANIMAL: Shall include all species of
animals which commonly exist in a natural unconfined state
and are usually not domesticated. This shall apply
regardless of state or duration of captivity.
1.5 PET ANIMAL: Shall include dogs, cats, rabbits,
rodents, birds, reptiles, and any other species of animal
which is sold or retained as a household pet but shall not
include skunks, nonhuman primates and any other species of
wild exotic or carnivorous animal that may be further
restricted in this law.
1.6 DOG: Shall mean any live or dead dog (canis
familiaris).
1.7 CAT: Shall mean any live or dead cat (felis
catus).
1.8 VICIOUS ANIMAL: Shall mean any individual animal
or any species that has on two previous occassions without
provocation attacked or bitten any person or other animal, or
any individual animal which the local health authority has
reason to believe has a dangerous disposition, or any species
of animal which the local health Authority has reason to
believe has a dangerous disposition likely to be-harmful to
humans or other animals.
1.9 STRAY ANIMAL: Any animal for which there is no
identifiable owner or harborer.
1.10 RUNNING AT LARGE: Shall mean not completely
confined by a building, wall, or fence of sufficient strength
or construction to restrain the animal, except when such
animal is either on a leash or held in the hands of the owner
or keeper, or under direct supervision of the owner within
the limits of the owner's private property. An animal within
an automobile or other vehicle of its owner, shall not be
deemed "running at large."
1.11 VACCINATED: Means properly injected with a
rabies vaccine licensed for use in that species by the United
States Department of Agriculture.
1.12 CURRENTLY VACCINATED: Means vaccinated and
satisfying the following criteria:
(a) The animal must have been at least three months
of age at the time of vaccination.
(b) At least 30 days have elapsed since the initial
vaccination.
(c) Not more than 12 months have elapsed since the
most recent vaccination.
1.13 LOCAL HEALTH AUTHORITY: A person designated by
the City to receive reports of animal bites, investigate bite
reports, insure quarantine of possibly rabid animals and
otherwise carry out provisions of the Texas law pertaining to
control and eradiction of rabies.
SECTION 2. Rabies Control.
2.1 VACCINATIONS: Every owner of a dog or cat three
months of age or older shall have such animal vaccinated
against rabies. All dogs or cats vaccinated at three months
of age or older shall be revaccinated at one year of age and
annually thereafter. Any person moving into the City from a
location outside of the City shall comply with this ordinance
within ten (10) days after having moved into the City. If
the dog or cat has inflicted a bite on any person, or another
animal, within the last ten (10) days, the owner of said dog
or cat shall report such fact after the 10 day observation
period.
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2.2 CERTIFICATE OF VACCINATION: Upon vaccination,
the veterinarian shall execute and maintain as evidence
thereof, a certificate upon a form furnished by the
veterinarian, or the manufacturer of the vaccine. The
veterinarian shall provide the owner with a duplicate copy of
the certificate. Such certificate shall contain the
following information:
(a) The name, address, and telephone number of the
owner of the vaccinated dog or cat;
(b) The date of vaccination;
(c) The type of rabies vaccine used;
(d) The year and number of rabies tag; and
(e) The breed, age, color and sex of the vaccinated
dog or cat.
2.3 RABIES TAGS. Concurrent with the issuance and
execution of the certificte of vaccination referred to in
Section 2.2, the owner of the dog shall cause to be attached
to the collar or harness of the vaccinated dog a metal tag,
serially numbered to correspond with the vaccination
certificte number, and bearing the year of issuance and the
name of the issuing veterinarian, if any, and his address.
The owner shall cause the collar or harness, with the
attached metal tag, to be worn by his dog at all times.
2.4 DUPLICATE TAGS. In the event of loss or
destruction of the original tag provided in Section 2.3, the
owner of the dog shall-obtain a duplicate tag. Vaccination
certificates (and tags) shall be valid only for the animal
for which it was originally issued.
2.5 PROOF. It shall be unlawful for any person who
owns or harbors a vaccinated dog or cat to fail or refuse to
exhibit his copy of the certificate of vaccination upon
demand to any person charged with the enforcement of this
ordinance.
2.6 HARBORING UNVACCINATED ANIMALS. It shall be
unlawful for any person to harbor any dog or cat which has
not been vaccinated against rabies, as provided herein, or
which cannot be identified as having a current vaccination
certificate.
2.7 ANIMALS EXPOSED TO RABIES. Any person having
knowledge of the existence of any animal known to have been,
or suspected of being, exposed to rabies must immediately
report such knowledge to the local health authority, giving
any information which may be required. For any animal known
to have been, or suspected of being, exposed to rabies, the
following rules must apply.
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(a) Animals having a current vaccination must
be revaccinated immediately and confined
according to the method prescribed by the
local health authority for a period of not
less than 90 days.
(b) Animals not having a current vaccination
should be humanely destroyed. However, if
the owner of such animal elects, he may, at
his expense and in a manner prescribed by
the local health authority, confine said
animal. Such animal must be vaccinated
immediately following exposure and quarantined
for not less than 6 months. A revaccination
shall be done one month prior to release from
quarantine.
SECTION 3. Reporting Human Bites from Animals
Susceptible to Rabies: Related Procedures.
3.1 Any person having knowledge of an animal bite to
a human will report the incident to local health authority as
soon as possible, but not later than twenty -four (24) hours
from the time of the incident.
3.2 The owner of the biting animal will place that
animal in quarantine as prescribed in Section 4 under the
supervision of the local helath authority or a licensed
veterinarian.
3.3 The local health authority will investigate each
bite incident, utilizing standardized reporting forms
provided by TDH.
3.4 Human bites from rodents, rabbits, birds and
reptiles are excluded from the reporting requirements of this
action.
SECTION 4. Quarantine Procedures for Animals.
4.1 When a dog or cat which has bitten a human has
been identified, the owner will be required to produce the
animal for ten days confinement at the owner's expense.
Refusal to produce said dog or cat constitutes a violation of
this section and each day of such refusal constitutes a
separate and individual violation. The 10 day observation
period will begin on the day of the bite incident. The
animal must be placed in the animal control facilities or the
facilities of a licensed veterinarian. However, the owner of
the animal may request permission from the local health
authority for home quarantine if the following criteria can
be met:
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(a) Secure facilities must be available at the home
of the animal's owner, and must be approved by
the local �ealth authority.
(b) The animal is currently vaccinated against
rabies.
(c) The local health authority or a licensed
veterinarian must observe the animal at least
on the first and last days of the
quarantine period. If the animal becomes
ill during the observation period, the local
health authority must be notified by the person
having possession of the animal. At the end
of the observation period the release from
quarantine must be accomplished in writing.
(d) The animal was not in violation of any laws
at the time of the bite.
(e) If the biting animal cannot be maintained
in secure quarantine, it shall be humanely
destroyed and the brain submitted to a TDH
certified laboratory for rabies diagnosis.
4.2 It shall be unlawful for any person to interrupt
the 10 day observation period.
4.3 No wild animal will be placed in quarantine. All
wild animals involved in biting incidents will be humanely
killed in such a manner that the brain is not mutilated. The
brain shall be submitted to a TDH certified laboratory for
rabies diagnosis.
SECTION 5 Running at Large.
5.1 It shall be unlawful for any dog or other animal
possessed, kept, or harbored, other than a cat, to run at
large, as is defined in Section 1.10 of this ordinance.
5.2 The Animal Control Officer is authorized to
impound such animals running at large, other than a cat or
dog and may impound a cat or dog under conditions specified
in Section 9 of this ordinance, or when he has received a
complaint that the cat or dog has caused a nuisance or hazard
to the health or welfare of human or animal population.
SECTION 6. Animal Nuisance.
6.1 The keeping of any animal, which, by causing
frequent or long continued barking, cry or noise that shall
disturb any person of ordinary sensibilities in the vidinity.
6.2 The keeping of any animal in such a manner as to
endanger the public health; to annoy neighbors by the
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accumulation of animal wastes which cause foul and offensive
odors, or are considered to be a hazard to any other animal
or human being; or by continued pFesence on the premises of
another.
6.3 All animal pens, stables, or enclosures in which
any animal may be kept or confined which, from use, have
become offensive to a person of ordinary sensitivities.
6.4 The keeping of bees in such a manner as to deny
the lawful use of adjacent property or endanger personal
health and welfare.
6.5 Persistent laxness in supervision of cats so
that their running at large results in disturbance to persons
of ordinary sensibilities.
SECTION 7. Prohibited Animals.
7.1 It shall be unlawful for
offer for sale, barter, or give away as
novelties, baby chickens, ducklings, or
three (3) weeks old; rabbits under two (2)
the manner or method of display is first
local health authority.
any person to sell,
toys, premiums or
other fowl under
months old; unless
approved by the
7.2 It shall be unlawful to color, dye, stain, or
otherwise change the natural color of any chickens,
ducklings, or other fowl, or rabbits, or to possess for the
purpose of sale or to be given away, any of the above
mentioned animals which have been so colored.
7.3 It shall be unlawful to keep any wild animal
inside the City.
7.4 It shall be unlawful to release or allow to run -
at -large any wild or vicious animal.
SECTION 8. Vicious Animals
8.1 Any vicious animal found running -at -large may be
destroyed by any peace officer or animal control officer in
the interest of public safety.
8.2 The animal control officer may order any owner or
person having care, control, or custody of any vicious animal
to take such animal permanently from the city. This animal
must be removed immediately following receipt of such an
order, even if an appeal is initiated. This order may be
appealed in writing within ten (10) days to a committee made
up of the Chief of Police or his representative, the City
Administrator or his representative, and the City Attorney
or his representative. Such committee may uphold, reverse or
modify the animal control officer's order, and may stipulate
restrictions on the animal as a condition to allowing the
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animal to remain in the city. If the committee upholds the
animal controls order, the owner or person having care,
control, or custody shll not bring the animal back inside the
city limits.
8.3 If the owner or person having care, custody or
control of a vicious animal fails to remove such animal as
provided for in Subsection 8.1 and 8.2 of this section, such
animal may be impounded and /or destroyed.
8.4 The owner or person having care, custody and
control of a vicious animal must report the disposition and
relocation of such animal to the animal control officer in
writing, within ten (10) days after the expiration date for
removal of such animal from the city. Each day thereafter
such information is not provided shall constitute a separate
offense.
8.5 The animal control officer or a police officer
shall be authorized to obtain a search and seizure warrant if
there is reason to believe that an animal ordered removed
from the city for being vicious has not been so removed.
SECTION 9.
Impoundment.
9.1 The following animals may be impounded:
(a) Dogs not exhibiting evidence of being
vaccinated as described in Section 2.
(b) Any animal infected or kept under
conditions which could endanger the public
or animal health.
(c) Any animal that created a nuisance, as
defined in Section 6.
(d) Any animal running -at- large, as stipulated
in Section 5.
(e) Any animal treated in a manner determined
by the animal control officer to be cruel
or inhumane.
(f) Any animal that has bitten a human being or
needs to be placed under observation for
rabies determination, as determined by the
local health authority.
(g) Any animal violating any provision of this
ordinance.
9.2 If any of the animals named in this ordinance
are found upon the premises of any person, the owner or
occupant of the premises shall have the right to confine such
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animal in a humane manner until he can notify the animal
control office to come and impound such animal. When so
notified, it shall be the duty of the animal control officer
to have such animal impounded as herein provided.
9.3 Reasonable effort shall be made by the animal
control office to contact the owner of any animal impounded
which is wearing a current vaccination tag; however, final
responsibility for location of an impounded animal is that of
the owner.
9.4 The owner can resume possession of any impounded
animal upon payment of impoundment fees, handling fees,• and
any veterinary bills incurred by animal control for the
welfare of the animal, and upon compliance with the
vaccination provision of this code, except where prohibited
in Subsections 9.5 and 9.6 of this Section.
9.5 Disposition of animals impounded on the grounds
of cruel or inhumane treatment shall be determined by the
court.of jurisdiction.
9.6 If any animal is being held under quarantine or
observation for rabies, the owner shall not be entitled to
possession until it has been released from quarantine.
9.7 The city administrator, shall select and
establish a place for impounding all animals impounded under
any provision of this ordinance.
9.8 Any animal, except vicious or wild animals, not
reclaimed by the owner may be humanely euthanized after being
immpounded for 72 hours, except that any animal wearing a
current vaccination tag shall be impounded for six (6) days.
9.9 Any impounded vicious or wild animal, unless
there is reason to believe that it has an owner, may be
immediately disposed of as may be deemed appropriate by the
animal control officer.
9.10 Any nursing baby animal impounded without the
mother, or where the mother cannot or refuses to provide
nutritious milk, may be immediately euthanized to prevent
further suffering.
9.11 Any owner who no longer wishes responsibility
for an animal, or believes the animal to be in an ill or
injured condition, may sign a written waiver supplied by the
animal control allowing the animal to be immediately
euthanized in a humane manner, provided that no dog or cat
that has bitten a human being shall be euthanized before
expiration of the ten (10) day quarantine period. The owner
shall pay the cost of euthanasia.
9.12 Any impounded animal that appears to be
suffering from extreme injury or illness may be euthanized or
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given to a non - profit humane organization for the purpose of
veterinary medical care, as determined by the animal control
officer.
SECTION 10.
Impoundment Fees.
10.1 Impoundment fees shall be:
Tarrant County Humane Society charges - $5.00
per day (3 day minimum)
Animal handling fee - $20.00
SECTION 11. Enforcement.
11.1 Enforcement of this ordinance shll be the
responsibility of the local health authority or an animal
control officer.
11.2 The local health authority or animal control
officer or police officer shall have the authority to issue
citations for any violation of this ordinance.
11.3 If the person being cited is not present, the
local health authority or animal control officer or police
officer may send the citation to the alleged offender by
registered or certified mail.
11.4 It shall be unlawful for any person to interfere
with the local health authority or animal control officer or
police office in the performance of duties.
SECTION 12. Penalty. That it shall be unlawful for
any person, organization, association, or corporation to
violate any of the provisions of this ordinance. Any person,
organization, association, or corporation violating the
provisions of this ordinance shall, upon conviction, be fined
not less than ten dollar ($10.00) nor more than two hundred
dollars ($200.00).
SECTION 13. Savings Clause. It is hereby declared to
be the intention of the City Council of the City of
Kennedale, that the sections, paragraphs, sentences, clauses
and phrases of this code are severable; and, if any. phrase,
clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional, such unconstitutionality
or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance
since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such
unconstitutional or invalid phrase, clause, sentence,
paragraph or section.
c
SECTION 14.
ordinances found to
this ordinance are
conflict.
PASSED IN
Kennedale, Texas, on
1985.
all ordinances or parts of
conflict with the provisions of
repealed to the extent of such
SSION of the City Council of
8 day of August ,
APROVED:
ATTEST:
MAYOR DANDY G. TAYWR
That
be in
hereby
OPEN SE
the _
akp, /
CITY SECRETARY
GALA L. KIRK
APP OV D AS TO FO "M:
I 0 R 9E Y
DON DRIVER
10
City Secretary's Office
405 Municipal Drive
Kennedale, Texas 76060
Phone: (817) 483-1296
Fax: (817) 483-0133
Email: kturner @cityolkennedale.com
L/ W VLLA0 fLL
Fam
To: Wayne Olson, TOASE From: Kathy Turner, City Secretary
Fax: 817.332.4740 Pages:
Phone: 817.332.2580 Date: 06/20/05
Re: Amending Animal Control Ordinance CC: [Click here and type name]
❑ Urgent RI For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments: Attached for your review are some modifications that Chief Rutledge and Animal
Control Officer, Dianna Garcia would like to see implemented in the animal control ordinance. Should
you have any questions please contact the Chief at 682.365.7519 or Dianna Garcia at 817.478.5416
Thanks.
PRIVACY NOTICE: This fax and any files or documents attached to it is intended only for the use of
the person or entity to which it is addressed. It contains information that may be privileged, confidential
and exempt from disclosure under applicable law. If you are not the intended recipient of this fax, you
are hereby notified that the copying, distribution or other use of this fax is strictly prohibited. If you
received this fax by mistake, please notify the sender immediately by fax and destroy all forms of this
fax.
M E M O
TO: Wayne Olson DATE: June 2, 2005
City Attorney
FROM: Jim Rutledge
Chief of Police
Kennedale
SUBJECT: Modifications to the Animal Control Ordinance, 85 -10
We have determined it necessary to modify our current Animal Control Ordinance
to include the licensing of dogs, cats and ferrets. In addition we would like the following
modifications to said ordinance:
RESTRAINT: A dog must be securely enclosed or confined to its owner's yard by a
physical fence in a manner that will isolate the animal from the public and from other
animals. A dog tied to a tree with a chain, rope or leash is not considered legally
restrained if it is not also confined by a secure fence. When a dog is being walked or
with its owner off it's property, the dog must be on a leash and accompanied by the
owner at all times. If the dog is without a leash or not accompanied by the owner, it is
considered unrestrained and is in violation of the restraint ordinance.
VACCINATION. A dog, cat or ferret must be vaccinated against rabies by 4 months of
age, receive a booster 12 months after that and then must be vaccinated at least once
every year.
HOLDING PERIOD: Impounded animals, including those released from quarantine,
shall be kept for three (3) days starting with the first day after the impoundment.
Disposition of the animals after three (3) days shall be at the discretion of the City's
designated shelter.
DANGEROUS DOG: A dangerous dog is defined as one that (1) makes an unprovoked
attack on a person or other animal that causes bodily injury and occurs in a place other
than an enclosure or (2) commits unprovoked acts in a place other than an enclosure and
those acts cause a person to reasonably believe that the animal will attack and cause
bodily injury to that person.
UNSANITARY CONDITION: The owner of any animal must remove manure and
droppings from property, placed food only in impervious containers and equip watering
tanks with adequate draining.
LICENSE. An annual City license tag is required for dogs, cats and ferrets.
OWNERSHIP: An owner is any person who owns, keeps, shelters, maintains, feeds,
harbors or has temporary or permanent custody of a domestic or prohibited animal to
remain on or about any premised occupied by the person who has control of those
premises. An animal shall be deemed to be owned by a person who harbored, fed, or
sheltered it for three (3) or more consecutive days.
Mandatory licensing helps increase the numbers of lost pets returned to their
owners.
A mandatory registration ordinance also facililitates enforcement of animal control and
cultelty laws, although compliance never reaches 100 percent, a mandatory registration
law nevertheless systemizes a jurisdiction's information gathering.
It is much easier to budget for an effective animal control program when the local
government knows approximately how many pets are being kept within its boundaries
and show how many of them are registered.
Mandatory registration and all the information that is gathered in the process, helps
animal control officers plan programs and better educate pet owners through direct —mail
renewals.
Stray animals with valid identification tags picked up by animal control can be returned
to their owners without being impounded. Although a warning or citation may still be
issued because the animal was miming at large.
Ensures Rabies Vaccinations
When proof of rabies vaccination is required for registering pets with the city, the
registration functions to sever the fink between wild animals with rabies and the domestic
animal from which people are most likely to contract the disease.
A license is a pet's ticket home
Responsible pet ownership starts with licensing. With the record number of rabies cases
here in Tarrant County, the licensing of dogs and cats is essential in insuring the pets in
the community are healthy. Moreover, a license purchased from the city I could be a pet's
ticket home if he or she is lost or injured
Cat Control
As the estimated 90 percent of local jurisdictions that require dog registration know
mandatory registration in essential for protecting the community as well as the dogs
themselves. The case for cat registration is just as strong. Cat registration and related cat
control laws are on the rise as goverinnent officials recognize the role cats play in annual
control problems.
Cat registration and restraint provisions should be included in the animal control
Ordinance because free - roaming domestic cats are among the most prolific of all species
and are often the primary occupants of municipal and private animal shelters. Public
animal care and control programs must recognize cats as an expensive problem.
Revenue Source
Mandatory registration ensures that pet owners shoulder some of the financial
responsibility for the costs associated with animal care and control programs.
Some impounded animals can be returned to owners the same day with out going to the
shelter, which will save the city shelter fees and gas.
Higher pet registration fees, coupled with promotional strategies and stricter enforcement,
almost always result in greater revenues. With the cost of administering animal control
programs on the rise, many local agencies are finding new, more creative means for
promoting mandatory registration and increasing revenues
Methods of Mandatory registration
Differential licensing (higher fees for unsterilized animals)
Register both cats and dogs. Cat registration not only helps communities protects cats,
but also contributes to revenues.
Proof of rabies vaccination a prerequisite for the registration. The vast majority of
counties and cities have enacted laws that require rabies vaccinations. This guarantees
that a registered animal is rabies- vaccinated animal.
The following Cities have mandatory registering:
Everinan $4.00 Mansfield $5.00
Fort Worth $ 7.00 Arlington $ 5.00 for altered
$ 10.00 for non- altered
River Oaks $5.00 Labe Worth $1.00
Benbrook $2.00 and $1.00 for duplicate
Propose registration Fee for Kennedale
$5.00
A notice will be place on the web site, water bill, and marquee
LICENSE YOUR PET
All dogs and cats are required by the City of Kennedale to be licensed. The benefit of
having your pet animal licensed is that:
• Licensed pets are returned home with out being impounded
• Licensed pets are held for 5 days instead of three
• Other people will be able to return lost pets to their rightful owner
To license your pet you need to come by the Kemiedale Animal Control Office and
bring your current rabies certificate. The license cost is $5 dollars which includes a
license tag.
7
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