O381ORDINANCE N0.381
AN ORDINANCE AMENDING CHAPTER 3 -ANIMALS OF THE CODE
OF ORDINANCES OF THE CITY OF KENNEDALE TEXAS BY
REPEALING CHAPTER 3 - ANIMALS IN ITS ENTIRETY AMD
REPLACING IT WITH A NEW CHAPTER 3 -ANIMALS; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code, and
WHEREAS, the City has previously enacted ordinances now codified in Chapter 3 of the
Kennedale Code of Ordinances and regulating the care custody and control of animals within the
City, and
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to repeal the existing ordinance and replace it with an updated ordinance, and
WHEREAS, the City Council has determined that this amendment to the City Code of
Ordinances will advance the health, safety, and general welfare of the citizens of the City of
Kennedale.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS.
SECTION 1.
ARTICLE I. IN GENERAL
Sec. 3-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Cat means any live or dead cat (Felis catus).
Collar means any collar constructed of nylon, leather, or any other material specifically
to be used for a dog.
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Currently vaccinated means vaccinated and satisfying the following criteria:
(1) The animal must have been at least three (3) months of age at the time of
vaccination.
(2) At least thirty (30) days have elapsed since the initial vaccination.
(3) Not more than twelve (12) months have elapsed since the most recent
vaccination.
Dangerous dog means a dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and
occurs 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; or
(2) Commits unprovoked acts 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 those acts cause a person to reasonably
believe that the dog will attack and cause bodily injury to that person.
Dangerous incident means an incident involving an unprovoked attack or act as described
in the definition of "dangerous dog".
Dog means any live or dead dog (Canis familiaris).
Domestic animal includes all species of animals commonly and universally accepted as
being domesticated.
Harboring means the act of keeping and caring for an animal or of providing a premises
to which the animal returns for food, shelter or care for a period of three (3) days.
Local health authority means a person designated by the city to receive reports of animal
bites, investigate bite reports, ensure quarantine of possibly rabid animals and otherwise
carry out provisions of state law pertaining to control and eradication of rabies. "Local
health authority" shall have the same meaning as "local rabies control authority".
Owner means any person who owns, keeps, shelters, maintains, feeds, harbors, or has
temporary or permanent custody of a domestic or prohibited animal, or who knowingly
permits a domestic or prohibited animal to remain on or about any premises occupied by
the person over which the person has control. An animal shall be deemed to be owned by
a person who harbored, fed, or sheltered it for three (3) or more consecutive days.
Properly fitted means with respect to a collar, a collar that measures the circumference of
a dog's neck plus at least one inch.
Pet animal includes 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 chapter.
Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a
stationary object or trolley system.
Running at large means an animal that:
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(1) While on the owner's property is not completely confined by a physical wall
or fence of sufficient strength or construction to restrain the animal and isolate
the animal from the public and from other animals; or
(2) While not on its owner's property, is not on a secure leash and accompanied
by its owner.
An animal confined within an automobile or other vehicle of its owner shall not be
deemed to be running at large.
Secure enclosure means a fenced area or structure that is:
(1) Locked;
(2) Capable of preventing the entry of the general public, including children;
(3) Capable of preventing the escape or release of a dog;
(4) Clearly marked as containing a dangerous dog; and
(5) In conformance with the requirements for enclosures established by the
animal control officer.
Serious bodily injury means an injury characterized by severe bite wounds or severe
ripping and tearing of muscle that would cause a reasonably prudent person to seek
treatment from a medical professional and would require hospitalization without regard
to whether the person actually sought medical treatment.
Stray animal means any animal for which there is no identifiable owner or harborer.
Vaccinated means properly injected with a rabies vaccine licensed for use in that species
by the United States Department of Agriculture.
Vicious animal means any individual animal or any species that has on two (2) previous
occasions 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.
Wild animal includes all species of animals which commonly exist in a natural
unconfined state and are usually not domesticated, including, but not limited to the
following: a lion, a tiger, an ocelot, a cougar, a leopard, a cheetah, a jaguar, a bobcat, a
lynx, a serval, a caracal, a hyena, a bear, a coyote, a jackal, a baboon, a chimpanzee, an
orangutan, a gorilla, and any hybrid of any animal falling under this definition. This shall
apply regardless of state or duration of captivity.
(Ord. No. 85-10, § 1, 8-8-85; Ord. No. 227, § 1(A), 11-8-01; Ord. No. 300, § 1, 9-13-OS)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 3-2. Penalty.
Except as otherwise stated, violations of this chapter are punishable as provided in section 1-6.
Sec. 3-3. Enforcement.
(a) Enforcement of this chapter shall be the responsibility of the local health authority or an
animal control officer.
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(b) The local health authority or animal control officer or police officer shall have the authority
to issue citations for any violation of this chapter.
(c) 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.
(d) It shall be unlawful for any person to interfere with the local health authority or animal
control officer or police officer in the performance of duties.
(e) When acting in the course and scope of his employment, the animal control officer shall be
and is hereby authorized to carry on his person or in his vehicle loaded tranquilizer guns approved
by the director of animal control and not in violation of any provision of the Texas Penal Code or
any other applicable state law. The tranquilizer guns will only be carried after the animal control
officer has completed an approved training course on its use. The animal control officer will be
required to maintain current certification on the use of the tranquilizer guns.
(Ord. No. 85-10, § 11, 8-8-85)
Sec. 3-4. Running at large.
It shall be unlawful for any dog, cat, or other animal possessed, kept, or harbored to run at large.
(Ord. No. 85-10, § 5, 8-8-85)
State law references: Authority to require restraint of dogs, V.T.C.A., Health and Safety Code §
826.033; penalty for violation of section, V.T.C.A., Health and Safety Code § 826.034; authority
to prohibit livestock from running at large, V.T.C.A., Local Government Code § 215.026(b).
Sec. 3 - 5. Unlawful Restraint of a Dog.
(A) An owner may not leave a dog outside and unattended by use of a restraint that
unreasonably limits the dog's movement:
(1) Between the hours of 10:00 p.m. and 6:00 a.m.;
(2) Within 500 feet of the premises of a school; or
(3) In the case of extreme weather conditions, including conditions in which:
(a) The actual or effective outdoor temperature is below 32 degrees
Fahrenheit;
(b) A heat advisory has been issued by a local or state authority or
jurisdiction; or
(c) A hurricane, tropical storm, or tornado warning has been issued for the
jurisdiction by the National Weather Service.
(B) In this section a restraint unreasonably limits a dog's movement if the restraint:
(1) Uses a collar that is pinch-type, prong-type, or choke-type or that is not properly
fitted to the dog;
(2) Is a length shorter than the greater of:
(a) five times the length of the dog, as measured from the tip of the dog's
nose to the base of the dog's tail; or
(b) 10 feet;
(3) Is in an unsafe condition; or
(4) Causes injury to the dog.
(C) Exceptions -This section does not apply to:
(1) A dog restrained to a running line, pulley, or trolley system and that is not
restrained by means of a pinch-type, prong-type, choke-type, or improperly fitted
collar;
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(2) A dog restrained in compliance with the requirements of a camping or
recreational area as defined by a federal, state, or local authority or jurisdiction;
(3) A dog restrained for a reasonable period, not to exceed three hours in a 24 hour
period, and no longer than is necessary for the owner to complete a temporary
task that requires the dog to be restrained;
(4) A dog restrained while the owner is engaged in, or actively training for, an
activity that is conducted pursuant to a valid license issued by this state if the
activity for which the license is issued is associated with the use or presence of a
dog;
(5) A dog restrained while the owner is engaged in conduct directly related to the
business of shepherding or herding cattle or livestock; or
(6) A dog restrained while the owner is engaged in conduct directly related to the
business of cultivating agricultural products, if the restraint is reasonably
necessary for the safety of the dog.
(D) Violation Complaints -
(1) If a local health authority, animal control officer, or police officer has reason to
believe that an owner has knowingly violated this section, that authority or
officer shall furnish the owner with a written statement as notice of the violation.
The statement must be signed by the authority or officer and must plainly state
the date and time in which the notice was provided to the owner.
(2) Failure to comply with this section within 24 hours of being provided with the
statement notice will constitute a violation of this section. If the notice is for more
than one dog, each dog will constitute a separate violation of this section.
(3) This section does not prohibit an owner from walking a dog on a hand-held leash.
Sec. 3-6. Nuisances.
The following acts or conditions are unlawful and a nuisance. No person shall commit such an act
or allow such a condition to exist on properly under his care, custody or control:
(1) The keeping of any animal which by causing frequent or long continued barking, cry or
noise shall disturb any person of ordinary sensitivities in the vicinity.
(2) The keeping of any animal in such a manner as to endanger the public health; to annoy
neighbors by the 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 presence on the
premises of another.
(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.
(4) No person shall fail to provide any animal in his charge. or custody with sustenance, drink,
and/or protection from the element, or cause any of these acts to be done.
(5) No person shall maintain any place where fowl or any animals are suffered to fight upon
exhibition, or for sport upon wager.
(6) The keeping of bees in such a manner as to deny the lawful use of adjacent properly or
endanger personal health and welfare.
(7) No person shall tie or tether a dog to a stationary object for a period of time or in a location so
as to create an unhealthy situation for the animal or a potentially dangerous situation for a
pedestrian as determined by the animal control officer or a police officer.
(Ord. No. 85-10, § 6, 8-8-85)
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ec. 3-7. Prohibited animals.
(a) It shall be unlawful for any person to sell, offer for sale, barter or give away as toys,
premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old; rabbits
under two (2) months old; unless the manner or method of display is first approved by the local
health authority.
(b) 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 abovementioned animals which have been so colored.
(c) It shall be unlawful to own, possess, confine, or care for any wild animal inside the city.
(d) It shall be unlawful to release or allow to run at large any wild or vicious animal.
(Ord. No. 85-10, § 7, 8-8-85; Ord. No. 227, § 1(B), 11-8-01)
State law references: Treatment of live birds, V.T.C.A., Health and Safety Code § 821.003.
Sec. 3-8. Vicious animals.
(a) Any vicious animal found running at large may be destroyed by any peace officer or animal
control officer in the interest of public safety.
(b) 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 manager 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 animal to remain in the city. If
the committee upholds the animal control's order, the owner or person having care, control or
custody shall not bring the animal back inside the city limits.
(c) If the owner or person having care, custody or control of a vicious animal fails to remove
such animal as provided for in subsections (a) and (b) of this section, such animal may be
impounded and/or destroyed.
(d) 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.
(e) 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.
(Ord. No. 85-10, § 8, 8-8-85)
State law references: Vicious dogs, V.T.C.A., Penal Code § 42.12.
Sec. 3-9. Livestock.
(a) Running at large. It shall be unlawful for the owner or keeper of any horse, mule, donkey,
cow, cattle, sheep, goat, hog, or any related animal of the equine, bovine, ovine, antelope, or
swine families, to permit the same to run at large. The running at large of horses, mules, donkeys,
cattle, sheep, goats, hogs, or related animals of the equine, bovine, ovine, antelope, or swine
family, is hereby declared a nuisance.
(b) Grazing. It shall be unlawful for the owner or keeper of any animal named in subsection (a)
to permit any such animal to graze upon or be unattended on any public street or thoroughfare
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within the city, or to permit the same to graze or go upon any public or private property within the
city, except by permission of the owner or custodian of such private or public property.
(c) Owner of premises may confine, etc. If any animal named in this section is found upon the
premises of any person without permission, the owner or occupant of such premises shall have
the right to confine such animal until he can notify the police chief or other designated officer of
the city. When so notified, such official shall cause such animal to be impounded.
(Code 1977, § § 2-21--2-23, 2-26)
Sec. 3-10. Releasing animals within city.
It shall be unlawful for any person owning or having possession of any animal to release the
animal within the city with the intention of abandoning the animal to run at large as a stray
animal.
(Code 1977, § 2-41)
Sec. 3-11. Sanitary standards.
The owner of any animal allowed by this chapter to be kept in the city shall comply with the
following standards of sanitation for that animal:
(1) Remove manure and droppings from pens, stables, yards, cages and other enclosures and
handle or dispose of the excretions in such manner as to keep the premises free of any nuisance.
(2) Place food only in impervious containers or on impervious surfaces.
(3) Equip watering troughs or tanks with adequate facilities for draining the overflow.
(Ord. No. 300, § 2, 9-13-OS)
Sec. 3-12. Multiple pet ownership.
No person or family shall keep or harbor any combination of dogs, cats, or ferrets totaling more
than four (4) animals at any one residential location. Puppies, kittens, and baby ferrets under four
(4) months of age shall not be counted for purposes of this section.
(Ord. No. 300, § 3, 9-13-OS)
Secs. 3-12--3-25. Reserved.
Sec. 3-13. Confinement of animals
It shall be a violation for any person to confine or allow to be confined any animal in a motor
vehicle or trailer under such conditions or for such a period of time as may endanger the health or
well being of the animal due to heat, lack of food or water, or any other circumstance which
causes suffering, disability, or death of the animal.
ARTICLE II. RABIES CONTROL*
*State law references: Rabies control generally, V.T.C.A., Health and Safety Code ch. 826;
municipal rabies control programs, V.T.C.A., Health and Safety Code § 826.015.
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Sec. 3-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means awarm-blooded animal.
Board means the State Board of Health.
Cat means Felis catus.
Dog means Canis familiaris.
Licensed veterinarian means a veterinarian licensed to practice veterinary medicine in one (1) or
more of the fifty (50) states.
Quarantine means strict confinement of an animal specified in an order of the board or its
designee:
(1) On the private premises of the animal's owner or at a facility approved by the board or its
designee;
(2) Under restraint by closed cage or paddock or in any other manner approved by board rule.
Rabies means an acute viral disease of man and animal affecting the central nervous system and
usually transmitted by an animal bite.
Cross references: Definitions and rules of construction generally, § 1-2.
State law references: Similar provisions, V.T.C.A., Health and Safety Code § 826.002.
Sec. 3-27. Vaccinations required.
The owner of a dog, cat, or ferret shall have the animal vaccinated against rabies by the time the
animal is four (4) months of age, and shall ensure that the animal receives a booster shot within
twelve (12) months of the initial vaccination. Vaccinations thereafter are required yearly with a
12 month vaccine and every 36 months with a 3 year vaccine.
(Ord. No. 85-10, § 2.1, 8-8-85; Ord. No. 300, § 4, 9-13-OS)
State law references: Rabies vaccinations, V.T.C.A., Health and Safety Code § 826.021 et seq.
Sec. 3-28. Harboring unvaccinated animals.
It shall be unlawful for any person to harbor any dog, cat, or ferret which has not been vaccinated
against rabies, as provided in this article, or which cannot be identified as having a current
vaccination certificate.
(Ord. No. 85-10, § 2.6, 8-8-85; Ord. No. 300, § 5, 9-13-OS)
Sec. 3-29. 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:
(1) The name, address, and telephone number of the owner of the vaccinated dog, cat, or ferret;
(2) The date of vaccination;
(3) The type of rabies vaccine used;
(4) The year and number of rabies tag; and
(5) The breed, age, color and sex of the vaccinated dog, cat, or ferret.
(Ord. No. 85-10, § 2.2, 8-8-85; Ord. No. 300, § 6, 9-13-OS)
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Sec. 3-30. Rabies tags.
(a) Concurrent with the issuance and execution of the certificate of vaccination referred to in
section 3-29, the owner of the animal 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 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 animal at all times.
(b) It shall be unlawful for any person who owns or harbors a vaccinated animal to fail or refuse
to exhibit his copy of the certificate of vaccination upon demand to any person charged with the
enforcement of this chapter.
(c) In the event of loss or destruction of the original tag, the owner of the animal shall obtain a
duplicate tag. Vaccination certificates and tags shall be valid only for the animal for which it was
originally issued.
(Ord. No. 85-10, §§ 2.3--2.5, 8-8-85; Ord. No. 300, § 7, 9-13-OS)
Sec. 3-31. Reports of rabies.
(a) A person who knows of an animal bite or scratch to an individual that the person could
reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person
suspects is rabid, shall report the incident or animal to the local health authority.
(b) The report must include:
(1) The name and address of the victim and of the animal's owner, if known; and
(2) Any other information that may help in locating the victim or animal.
(Ord. No. 85-10, §§ 2.1, 2.7, 3, 4, 8-8-85)
State law references: Similar provisions, V.T.C.A., Health and Safety Code § 826.041.
Sec. 3-32. Quarantine of animals.
An owner shall submit to the local health authority for quarantine an animal that:
(1) Is reported to be rabid or to have exposed an individual to rabies; or
(2) The owner knows or suspects is rabid or to have exposed an individual to rabies.
(Ord. No. 85-10, §§ 2.1, 2.7, 3, 4, 8-8-85)
State law references: Similar provisions, V.T.C.A., Health and Safety Code § 826.042.
Sec. 3-33. Release or disposition of quarantined animal.
(a) If a veterinarian determines that a quarantined animal does not show the clinical signs of
rabies, the local health authority shall release the animal to its owner when the quarantine period
ends if:
(1) The owner has an unexpired rabies vaccination certificate for the animal; or
(2) The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense.
(b) If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the
local health authority shall humanely destroy the animal. If an animal dies or is destroyed while
in quarantine, the local health authority shall remove the head or brain of the animal and submit it
to the nearest department laboratory for testing.
(c) The owner of an animal that is quarantined under this division shall pay to the local health
authority the reasonable costs of the quarantine and disposition of the animal. The local health
authority may bring suit to collect those costs.
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(d) The local health authority may sell the animal and retain the proceeds or keep, grant, or
destroy an animal if the owner or custodian does not take possession of the animal before the
fourth day following the final day of the quarantine period.
(Ord. No. 85-10, §§ 2.1, 2.7, 3, 4, 8-8-85)
State law references: Similar provisions, V.T.C.A., Health and Safety Code § 826.043.
Sec. 3-34. Designation of local rabies control authority.
The chief of police is designated as the local rabies control authority for the city in accordance
with V.T.C.A., Health and Safety Code § 826.017.
(Ord. No. 300, § 8, 9-13-OS
Secs. 3-35--3-45. Reserved.
ARTICLE III. IMPOUNDMENT*
*State law references: Authority to impound, destroy, etc., livestock found at large, V.T.C.A.,
Local Government Code § 215.026(c); impoundment of dogs and cats, V.T.C.A., Health and
Safety Code § 826.033.
Sec. 3-46. Location of pound.
The city manager shall select and establish a place for impounding all animals impounded under
any provision of this article.
(Ord. No. 85-10, § 9.7, 8-8-85)
Sec. 3-47. Authorization, reasons for impoundment.
The animal control officer is authorized to impound animals running at large, other than a cat or
dog, and may impound a cat or dog under conditions specified below or when he has received a
complaint that the cat or dog has caused a nuisance or hazard to the health or welfare of the
human or animal population. The following animals may be impounded:
(1) Dogs not exhibiting evidence of being vaccinated as described in article II;
(2) Any animal infected or kept under conditions which could endanger the public or animal
health;
(3) Any animal that creates a nuisance, as defined in section 3-5;
(4) Any animal running at large as stipulated in section 3-4;
(5) Any animal treated in a manner determined by the animal control officer to be cruel or
inhumane;
(6) 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;
(7) Any animal violating any provision of this chapter.
(Ord. No. 85-10, §§ 5, 9.1, 8-8-85)
Sec. 3-48. Rights of property owners to confine animal while awaiting impoundment;
notification of animal owner.
(a) If any of the animals named in this article are found upon the premises of any person, the
owner or occupant of the premises shall have the right to confine such animal in a humane
manner until he can notify the animal control office to come and impound such animal. When so
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notified, it shall be the duty of the animal control officer to have such animal impounded as
herein provided.
(b) 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.
(Ord. No. 85-10, §§ 9.2, 9.3, 8-8-85)
Sec. 3-49. Holding period and redemption.
(a) Impounded animals, including those released from quarantine, shall be kept for three (3)
days starting with the first day after the impoundment or release from quarantine.
(b) During this holding period, the owner may resume possession of an 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 provisions of this
chapter, except where prohibited in sections 3-50 and 3-51.
(c) This section shall not apply to an impounded vicious or wild animal, unless there is reason to
believe it has an owner.
(Ord. No. 85-10, § 9.4, 8-8-85; Ord. No. 300, § 9, 9-13-OS)
Sec. 3-50. Disposition of cruelly treated animals.
Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be
determined by the court of jurisdiction.
(Ord. No. 85-10, § 9.5, 8-8-85)
State law references: Disposition of cruelly treated animals, V.T.C.A., Health and Safety
Code § 821.021 et seq.
Sec. 3-51. Redemption of quarantined animals.
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.
(Ord. No. 85-10, § 9.6, 8-8-85)
Sec. 3-52. Disposition of unredeemed animals.
(a) The disposition of any impounded animal not reclaimed by the owner within the three-day
holding period shall be at the discretion of the animal control officer.
(b) 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.
(c) 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.
(Ord. No. 85-10, §§ 9.8--9.10, 8-8-85; Ord. No. 300, § 10, 9-13-OS)
Sec. 3-53. Waiver by owner.
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. No dog or cat that has bitten a human
being shall be euthanized before expiration of the ten-day quarantine period. The owner shall pay
the cost of euthanasia.
(Ord. No. 85-10, § 9.11, 8-8-85)
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Sec. 3-54. Injured or sick animals.
Any impounded animal that appears to be suffering from extreme injury or illness may be
euthanized or given to a nonprofit humane organization for the purpose of veterinary medical
care, as determined by the animal control officer.
(Ord. No. 85-10, § 9.12, 8-8-85)
Sec. 3-55. Fees.
Impoundment fees shall be as established by ordinance.
(Ord. No. 85-10, § 10.1, 8-8-85)
State law references: Similar provisions, V.T.C.A., Health and Safety Code § 826.021(a).
Secs. 3-56--3-69. Reserved.
ARTICLE IV. ANIMAL LICENSES
Sec. 3-70. Required.
(a) Offenses.
(1) A person commits an offense if the person owns, keeps, harbors, or has custody of any dog,
cat, or ferret over four (4) months of age without maintaining a current city license for each
animal.
(2) A person commits an offense if he owns an animal required to be licensed by this section and
fails to display on the animal at all times a valid city license tag. Such tag shall at all times be
securely attached to a collar or harness around the neck of the animal.
(3) A person commits an offense if he owns an animal and displays on such animal a city license
tag issued to another animal.
(b) Defenses.
(1) It is a defense to a prosecution under subsections (a)(1) and (2) above that the animal was
owned, kept or harbored by, or in the custody of, an animal establishment or releasing agency,
was kept under restraint on the premises of the animal establishment or releasing agency, and was
being offered for sale or adoption.
(2) It is a defense to prosecution under subsections (a) (1) and (2) above that the person who
owned the animal was not a permanent resident of the city and was keeping the animal within the
city for less than thirty (30) days.
(Ord. No. 300, § 11, 9-13-OS)
Sec. 3-71. License application, issuance, and fee.
(a) Written application for a license and payment of the applicable license fee shall be made to
the animal control officer. The application shall include the name and address of the applicant, a
description of the animal, and a current rabies certificate issued by a veterinarian licensed to
practice in the jurisdiction in which the animal was vaccinated. The application shall also include
the required license fee.
(b) Upon acceptance of a complete license application, a city license certificate and license tag
shall be issued, which shall bear an identifying number for the animal and the year of issuance.
(c) A license is valid for one (1) year from the date of issuance, unless sooner revoked. A license
is not transferable between animals or between owners.
Page 12 of 18
(d) The annual license fee shall be five dollars ($5.00) per animal, except that no person over the
age of sixty-five (65) shall be required to pay the fee.
(Ord. No. 300, § 11, 9-13-OS)
Editor's note: Section 13 of Ord. No. 300, adopted Sept. 13, 2005 stated the following: "The
license fee for dogs, cats, and ferrets, established by subsection 3-71(d) shall not be collected
until one year has passed from the effective date of this ordinance".
Sec. 3-72. Revocation of license.
(a) The animal control officer may revoke any animal license after a hearing for any one or more
of the following reasons:
(1) Impoundment of the animal by the city more than two (2) times during atwelve-month
period; or
(2) More than two (2) final convictions of a person for violating this article when such
convictions relate to the animal which is being considered for revocation of its license certificate;
or
(3) Any combination of subsections (1) and (2) above, totaling three (3) incidents.
(b) Upon revoking the license of any animal, the animal control officer shall notify the owner of
the animal in writing. Written notification shall be deemed made when a certified letter, return
receipt requested, addressed to the last known mailing address of the animal's owner is deposited
in the U.S. Mail.
(c) Upon the expiration of ten (10) days after written notification of revocation is deposited in
the U. S. Mail, as provided above, no animal which has had its license revoked shall be kept,
maintained, or harbored within city limits, and each twenty-four-hour period shall constitute a
separate violation.
(Ord. No. 300, § 11, 9-13-OS)
Secs. 3-73--3-80. Reserved.
ARTICLE V. DANGEROUS DOGS
Sec. 3-81. Requirements for owner of dangerous dog.
(a) Not later than the 30th day after a person learns that the person is the owner of a dangerous
dog, the person shall:
(1) Register the dangerous dog with the animal control officer;
(2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a
secure enclosure;
(3) Further secure the dangerous dog with a muzzle in a manner that will not cause injury to the
dog or interfere with its vision or respiration but shall prevent it from biting any person or animal
when the dangerous dog is taken off the property of the owner for any reason; and
(4) Obtain liability insurance coverage or show financial responsibility in an amount of at least
$100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily
injury to a person or animal and provide proof thereof to the animal control officer.
(b) The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog
to the animal control officer not later than the 30th day after the owner learns that the dog is a
dangerous dog.
(c) Failure to comply.
(1) If, on application of any person to the municipal court of the city, the court finds, after notice
and hearing as provided by section 3-84, that the owner of a dangerous dog has failed to comply
Page 13 of 18
with subsection (a) or (b) above, the court shall order the animal control officer to seize the dog
and shall issue a warrant authorizing the seizure. The animal control officer shall seize the dog or
order its seizure and shall provide for the impoundment of the dog in secure and humane
conditions.
(2) The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance,
impoundment, or destruction of the dog.
(3) The court shall order the animal control officer to humanely destroy the dog if the owner has
not complied with subsection (a) before the 11th day after the date on which the dog is seized or
delivered to the animal control officer. The court shall order the animal control officer to return
the dog to the owner if the owner complies with subsection (a) before the 11th day after the date
on which the dog is seized or delivered to the animal control officer.
(4) The court may order the humane destruction of a dog if the owner of the dog has not been
located before the 15th day after the seizure and impoundment of the dog.
(d) For purposes of this section, a person learns that the person is the owner of a dangerous dog
when:
(1) The owner knows of a dangerous incident involving the owner's dog;
(2) The owner receives notice that the municipal court of the city has found that the dog is a
dangerous dog under section 3-84; or
(3) The owner is informed by the animal control officer that the dog is a dangerous dog under
section 3-82.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-82. Determination that dog is dangerous.
(a) If a person reports a dangerous incident, the animal control officer may investigate the
incident. If, after receiving the sworn statements of any witnesses, the animal control officer
determines that the dog is a dangerous dog, it shall notify the owner of that fact.
(b) An owner, not later than the 15th day after the date the owner is notified that a dog owned by
the owner is a dangerous dog, may make a written appeal of the determination of the animal
control officer to the municipal court of the city. An owner may appeal the decision of the
municipal court in the same manner as appeal for other cases from the municipal court.
(c) For purposes of this section, an appeal of the determination of the animal control officer to
the municipal court of the city shall be considered effective on the date it is postmarked or hand-
delivered to the city care of the animal control officer. Upon timely receipt of an appeal, the
animal control officer shall schedule a hearing before the municipal court of the city pursuant to
section 3-84.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-83. Reporting of dangerous incident.
(a) This section is adopted pursuant to V.T.C.A., Health and Safety Code § 822.0422.
(b) A person may report a dangerous incident to the municipal court of the city pursuant to
section 3-82. The owner of the dog shall deliver the dog to the animal control officer not later
than the fifth day after the date on which the owner receives written notice that the report has
been filed. The animal control officer may provide for the impoundment of the dog in secure and
humane conditions until the court orders the disposition of the dog.
(c) If the owner fails to deliver the dog as required by subsection (b), the court shall order the
animal control officer to seize the dog and shall issue a warrant authorizing the seizure. The
animal control officer shall seize the dog or order its seizure and shall provide for the
impoundment of the dog in secure and humane conditions until the court orders the disposition of
the dog. The owner shall pay any cost incurred in seizing the dog.
Page 14 of 18
(d) The court shall determine, after notice and hearing as provided in section 3-84, whether the
dog is a dangerous dog.
(e) The court, after determining that the dog is a dangerous dog, may order the animal control
officer to continue to impound the dangerous dog in secure and humane conditions until the court
orders disposition of the dog under section 3-81 and the dog is returned to the owner or destroyed.
(f) The owner shall pay a cost or fee assessed by the city related to the seizure, acceptance,
impoundment, or destruction of the dog.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-84. Hearing.
(a) The court, on receiving a report of an incident under section 3-83 or on application under
section 3-81, shall set a time for a hearing to determine whether the dog is a dangerous dog, or
whether the owner has complied with section 3-81. The hearing must be held not later than the
10th day after the date on which the dog is seized or delivered.
(b) The court shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or the person from whom the dog was seized; and
(2) The person who made the complaint.
(c) Any interested party, including the city attorney, is entitled to present evidence at the
hearing.
(d) An owner or person filing the action may appeal the decision of the municipal court in the
manner provided for the appeal of cases from the municipal court.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-85. Registration.
(a) The animal control officer shall annually register a dangerous dog if the owner:
(1) Presents proof of:
a. Liability insurance or financial responsibility, as required by section 3-81;
b. Current rabies vaccination of the dangerous dog, where required by this chapter; and
c. The secure enclosure in which the dangerous dog will be kept; and
(2) Pays an annual registration fee of fifty dollars ($50.00).
(b) The animal control officer shall provide to the owner registering a dangerous dog a
registration tag. The owner must place the tag on the dog's collar.
(c) If an owner of a registered dangerous dog sells or moves the dog to a new address in the city,
the owner, not later than the 14th day after the date of the sale or move, shall notify the animal
control officer of the change. On presentation by the current owner of the dangerous dog's prior
registration tag and payment of a fee of twenty-five dollars ($25.00), the animal control officer
shall issue a new registration tag.
(d) An owner of a registered dangerous dog shall notify the animal control officer of any attacks
the dangerous dog makes on people.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-86. Determination made by another jurisdiction.
The owner of a dog that has been determined to be a dangerous dog by a jurisdiction
other than the City of Kennedale shall comply with the requirements of this article as though the
other jurisdiction's determination had been made by the city under this article.
(Ord. No. 300, § 12, 9-13-OS)
Page 15 of 18
Sec. 3-87. Report of an incident or application.
A sworn report of an incident under section 3-83 or a sworn application under section 3-
81 shall be considered filed with the municipal court of the city when it is delivered to the animal
control officer. The report or application must include the following (where applicable):
(1) Name, address, and telephone number of complainant and other witnesses.
(2) Date, time, and location of any incident involving the dog forming the basis of the report or
application.
(3) Description of the dog.
(4) Name, address, and telephone number of the dog owner, if known.
(5) A statement of facts upon which such report or application is based.
(6) A statement addressing whether the dog has exhibited dangerous propensities in past
conduct, if known.
(7) Other relevant facts or circumstances.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-88. Notice.
All required notices shall be deposited in the United States Mail and shall be certified,
return receipt requested. When the city mails notice in accordance with this section and the
United States Postal Service returns the notice as "refused" or "unclaimed" the validity of the
notice is not affected, and the notice is considered delivered.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-89. Nuisance declared.
It is hereby declared to be a nuisance that an owner or other person harbors, keeps, or
maintains a dangerous dog in the city unless the owner complies with the requirements of this
article and all state statutes regulating dangerous dogs.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-90. Defenses.
(a) It is a defense to prosecution under this article that the person is a veterinarian, a peace
officer, a person employed by a recognized animal shelter, or a person employed by the state or a
political subdivision of the state to deal with stray animals and has temporary ownership, custody,
or control of the dog in connection with that position.
(b) It is a defense to prosecution under this article that the person is an employee of the
institutional division of the Texas Department of Criminal Justice or a law enforcement agency
and trains or uses dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under this article that the person is a dog trainer or an employee
of a guard dog company under V.T.C.A., Occupations Code Ch. 1702.
(Ord. No. 300, § 12, 9-13-OS)
Sec. 3-91. Violations.
(a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the
person fails to comply with any section of this article.
(b) An offense under this section is punishable by a fine not to exceed two thousand dollars
($2,000.00).
Page 16 of 18
(Ord. No. 300, § 12, 9-13-OS)
SECTION 2.
This ordinance shall be cumulative of all provisions of the City of Kennedale, Texas except
where the provisions of this ordinance are in direct conflict with the provisions of other
ordinances in which event the conflicting provisions of the other ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this ordinance are severable and if a phrase, clause, sentence,
paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of a court of competent jurisdiction, such unconstitutionality shall not affect the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same
would have been enacted by the City Council without the incorporation in this ordinance of the
unconstitutional phrase clause sentence paragraph or section.
SECTION 4.
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas or any
other ordinances regulating animals which have accrued at the time of the effective date of this
ordinance and as to such accrued violations and all pending litigation both civil and criminal
whether pending in court or not under such ordinances same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars $2,000.00 for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption penalty clause publication clause and effective
date clause of this ordinance two (2) days as authorized by Section 50123 of the Local
Government Code.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law and it is so ordained.
Page 17 of 18
'~~ `~
.'~ a•` PASSED AND APPROVED THIS 8th DAY OF NOVEMBER 2007.
;~
_O°
',,''~,; M yor, Bryan Lankhorst
~.
ATTEST:.. _,,'~ ,•
Kathy Turner, ity Secretary
APPROVED TO AS TO ORM AND LEGALITY:
Wayne K. Olson, Ci Attorney
Page 18 of 18