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O300ORDINANCE N0.300 AN ORDINANCE AMENDING CHAPTER 3, "ANIMALS," OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS; AMENDING DEFINITIONS; PROVIDING FORTHE LICENSING OF DOGS, CATS, AND FERRETS; SUSPENDING COLLECTION OF THE LICENSE FEE FORONE YEAR; REQUIRING ANNUAL VACCINATIONS; LIMITING THE NUMBER OF CERTAIN DOMESTIC ANIMALS PER HOUSEHOLD; PROVIDING AN IMPOUND HOLDING PERIOD; PROHIBITING CERTAIN UNSANITARY CONDITIONS; PROVIDING REGULATIONS OF DANGEROUS DOGS; DESIGNATING THE CHIEF OF POLICE AS THE LOCAL RABIES CONTROL AUTHORITY; PROVIDING A CUMULATIVE CLAUSE; 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 requiring owners of certain animals to obtain a license would serve the public interest by enabling the City to ensure that animals have been vaccinated and by allowing owners to be located; and WHEREAS, section 822.0422 of the Texas Health & Safety Code authorizes the City to adopt provisions for the reporting of incidents involving dangerous dogs; and WHEREAS, section 822.017 of the Texas Health & Safety Code directs the City to designate an officer to act as the local rabies control authority; and WHEREAS, the City Council has determined that these and certain other amendments to the City's animals regulations will advance the health, safety, and general welfare of the citizens of the City of Kennedale. W:\Kennedale\ORDINANCWnimals 2005.wpd (9/20/05) Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: SECTION 1. Chapter 3, Section 3-1, of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended by adding or amending the following definitions, which shall read as follows: 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 incidenf means an incident involving an unprovoked attack or act as described in the definition of dangerous dog. 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, insure 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. Running at large means an animal that: (1) while on the owner's property is not completely confined by a building, wall or fence (electric or physical) of sufficient strength or W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 2 construction to restrain the animal from the public or from other animals, except when such animal is either on a secure leash, or held in the hands of the owner, or under the direct control and supervision of the owner or keeper; or with the use of an electronic training device; or (2) while not on its owner's property, is not on a secure lease 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. SECTION 2. Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended by the addition of Section 3-10, which shall read as follows: Sec. 3-10. 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 W:\Kennedale\ORDINANCWnimals 2005.wpd (9/20/05) Page 3 surfaces. (3) Equip watering troughs or tanks with adequate facilities for draining the overFlow. SECTION 3. Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended by the addition of Section 3-11, which shall read as follows: Sec. 3-11. Multiple pet ownership. No person or family shall keep or harbor any combination of dogs, cats, or ferrets totaling more than (4) animals at any one residential location, unless the animals are housed or contained not closer than 200 feet from the nearest residential dwelling unit. Puppies, kittens, and baby ferrets under four (4) months of age shall not be counted for purposes of this section. SECTION 4. Chapter 3, Section 3-27, of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended to read as follows: 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 are required at annual intervals thereafter. SECTION 5. Chapter 3, Section 3-28, of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended to read as follows: 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. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 4 SECTION 6. Chapter3, Section 3-29, ofthe Code of Ordinances of the City of Kennedale, Texas, is hereby amended to read as follows: 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. SECTION 7. Chapter 3, Section 3-30, of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended to read as follows: 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. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 5 SECTION 8. Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended by the addition of Section 3-34, which shall read as follows: 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 Section 826.017 of the Texas Health and Safety Code. SECTION 9. Chapter3, Section 3-49, of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended to read as follows: Sec. 3-49 Holding period and redemption. 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. 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. This section shall not apply to an impounded vicious or wild animal, unless there is reason to believe it has an owner. SECTION 10. Chapter 3, Section 3-52, of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended to read as follows: Sec. 3-52 Disposition of unredeemed animals. (a) The disposition of any impounded animal not reclaimed by the owner within the three (3) day holding period shall be at the discretion of the animal control officer. (b) Any impounded vicious orwild 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. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 6 (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. SECTION 11. Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended by addition of a new Article IV, Animal Licenses, which shall read as follows: ARTICLE IV. ANIMAL LICENSES Sec. 3-70. License 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 (a)(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 (a)(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. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 7 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 complete a 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. (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. 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 a twelve (12) 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 (1) and (2) 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 (24) hour period shall constitute a separate violation. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 8 SECTION 12. Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby amended by addition of a new Article IV, Dangerous Dogs, which shall read as follows: 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 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 with Subsection (a) or (b) of this Section, 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. W:\Kennedale\ORDINANCWnimals 2005.wpd (9/20/05) Page 9 (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 11 th 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. 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 orhand-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. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 10 Sec. 3-83. Reporting of Dangerous Incident. (a) This section is adopted pursuant to Section 822.0422 of the Texas Health & Safety Code. (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 afterthe 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. (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 orderthe animal control officerto 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. 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 W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 11 (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. 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 orfinancial 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 $50. (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 anew 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 $25, the animal control officer shall issue a new registration tag. (d) An ownerof a registered dangerous dog shall notify the animal control officer of any attacks the dangerous dog makes on people. 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 V as though the other jurisdiction's determination had been made by the City of Kennedale under this Article. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 12 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. 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. 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 V and all state statutes regulating dangerous dogs. Sec. 3-90. Defenses. (a) It is a defense to prosecution under this Article V 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 W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 13 ownership, custody, or control of the dog in connection with that position. (b) It is a defense to prosecution underthis Article V 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 V that the person is a dog trainer or an employee of a guard dog company under Chapter 1702, Occupations Code. 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 V. (b) An offense under this section is punishable by a fine not to exceed two thousand dollars ($2,000.00). SECTION 13. The license fee for dogs, cats, and ferrets, established by the new Section 3-71(d) of the City Code shall not be collected until one (1) year has passed from the effective date of this ordinance. SECTION 14. 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 15. 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, orsection of this ordinance shall be declared unconstitutional bythe valid judgment ordecree of a court of competent jurisdiction, such unconstitutionality W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 14 shall notaffectthe remaining phrases, clauses, sentences, paragraphs, and sections ofthis 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 16. 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 17. 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 18. 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 ofthis ordinance two (2) days as authorized by Section 52.013 of the Local Government Code. W:\Kennedale\ORDINANC\Animals 2005.wpd (9/20/05) Page 15 SECTION 19. 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. PASSED AND APPROVED THIS 13t'' DAY OF SEPTEMBER, 2005. ~•`'` F KEN '''~, ;,•~yO~~......HF~',,, AYOR • * . ~ ~- :~• S • y. ~~~ Q'' ;~' • ,• OUt~ EFFECTIVE: /~~ -~C) - ~oD~ APPROVED AS TO FORM AND LEGALITY: ~~L CITY ATTORNEY ATTEST: G~!`s~L CITY SECRE RY W:\Kennedale\ORDINANCWnimals 2005.wpd (9120/05) Page 16