HomeMy WebLinkAbout032440 ORD - 05/25/2021One reading ordinance amending Chapter 6 of the Code of Ordinances
regarding animal care and control by adding and clarifying definitions,
creating and revising sections regarding microchipping registration,
failure to reclaim, impoundment of abandoned or unrestrained
animals, dangerous and aggressive dogs, adequate sheltering of
canines, and the feeding of animals; providing for severance,
publication, and an effective date.
WHEREAS, the Chapter 6 Ordinances governing the care and treatment of animals were
adopted on March 25, 1981.
WHEREAS, a complete revision of Chapter 6 has not taken place since December 14,
2014.
WHEREAS, the revisions have been presented to and approved by the Corpus Christi
Animal Care Services Advisory Board on January 20, 2021.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. Chapter 6, Animal Care and Control, of the Corpus Christi Code of
Ordinances is hereby amended by adding language that is underlined (added) and
deleting the language that is stricken (deleted) to the existing text as set forth in this
Ordinance. Chapter 6 of the Corpus Christi Code of Ordinances is hereby amended as
follows:
Chapter 6 ANIMAL CARE AND CONTROL
ARTICLE I. GENERAL PROVISIONS
Sec. 6-1. Definitions.
(a) As used in this chapter, the following words have the meanings ascribed to them in this section:
Abandoned animal means an animal left without care by the owner and or keeper without making
reasonable arrangements for assumption of custody by another person.
Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens.
Animal care officer means the animal care services division manager, employees of the animal care
services division, or authorized agents of animal care services.
Animal care services means a division of the City of Corpus Christi Police Department responsible
for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of
animals, including the provisions of this chapter.
Animal Care Services Manager means the program manager of Corpus Christi Animal Care
Services.
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032.440
SCANNED
At large or running at large means any animal within the city not kept under restraint.
Attack means to set upon with violent force.
Auction means any place or facility within the city where animals are regularly bought, sold, offered
for sale, or traded, except for those facilities otherwise defined in this chapter.
Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar,
jaguar, leopard, lion, panther, tiger, or other prohibited animal.
Circus means a commercial variety show featuring animal acts for public entertainment.
City means the City of Corpus Christi.
City animal shelter means a place operated by or for the city, whether in city facilities or by contract,
for the detention of dogs, cats, and other animals as prescribed by law.
Collar or hamess means a band of leather, nylon, rope, or similar material, excluding chain if utilized
for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by
the animal's owner, and to which a leash or lead can be attached.
Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal
exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building,
structure, or premises within the city used for the business of buying, selling, grooming, breeding, or
boarding of animals.
Commercial property means:
(1) Any portion of land or buildings, excluding publicly owned property, that is zoned or utilized for
commercial or business uses within the city, including temporary sites.
(2) Any vehicle utilized for commercial or business purposes within the city.
Department means Corpus Christi Animal Care Services.
Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox,
jackal, wolf, wolf hybrid, or other prohibited animal.
met e
e tee
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issued.
Food means:
•
(2) With respect to animals any commercially processed and packaged substance intended for
use by an animal owner to meet and maintain the nutritional needs of the animal for which it
was processed and packaged.
Food processing establishment means any place in which food is commercially manufactured or
packaged for human consumption.
Food service establishment means any place where food is prepared and intended for individual
portion service, and includes the site at which individual portions are provided. The term includes any
such place regardless of whether consumption is on or off the premises and regardless of whether there
is a charge for the food. The term also includes delicatessen -type operations that prepare sandwiches
intended for individual portion service. The term does not include private homes where food is prepared
or served for individual family consumption, the location of vending machines, and supply vehicles.
Fowl means any live bird.
Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4)
months of age are groomed, upon agreement with the dog or cat owner, on a service -for -fee basis. The
premises must be located within an appropriately zoned area and a certificate of occupancy must have
been obtained for the intended use, if required by the city's zoning and construction ordinances.
Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale
any fowl to commercial or agricultural customers.
Impound means
any of the following:
(1) the placing of an animal in the city's animal care services facility
(2) the taking of an animal into custody for purposes of transporting the animal to the city's animal
care services facility
(3) an officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the
animal to its owner with proper written notices, warnings and admonishments.
Keeper means any person, firm, corporation, organization, or department holding, caring for, having
an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent
or guardian of that minor shall be responsible for compliance with animal care related ordinances.
Kennel means a commercial enterprise, excluding a veterinary hospital, where four (4) or more dogs
or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a
daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a
certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and
construction ordinances.
Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical
Examiners.
Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and
swine.
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Microchip means an identification chip implanted under the skin of an animal for the purpose of
identifying its owner or keeper which has been registered with a microchip registration company with
current ownership information to include the current owner or keeper's name, address and telephone
number, and the description of the animal.
Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is
deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided
water and sheltered or restrained except upon the authorization of the animal care services manager. If
the owner of an animal is a minor, the parent or guardian of that minor shall be responsible for
compliance with animal care related ordinances and shall be identified as the legal owner of said animal.
Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which
animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not
exceed two (2) calendar days in duration.
Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in
which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event
exceeds two (2) calendar days in duration.
Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather
than utility.
Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and
animal -related products. The premises must be located within an appropriately zoned area and a
certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and
construction ordinances.
Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens,
turkeys, ducks, or geese.
Prohibited animal means any animal, other than a common household pet, such as a canary, finch,
cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a
potential physical or disease threat to the public or that is protected by international, federal or state laws
or regulations, and includes, but is not limited to, the following:
(1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae
(monitors); Order Ophidia, family Boidoe (boas, pythons and anacondas); family Hydrophiidae
(marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and
true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae,
Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove
snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and
gavials);
(2) Within the class Ayes: order Falconiforms (hawks, eagles and vultures) and subdivision
Rapitae (ostriches, rheas, cassowaries and emus);
Within the class Mammalia: order Carnivora, family Felidae, (such as cougars, tigers, lions,
bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos,
coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks,
martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such
as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats);
order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants);
order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as
porcupines); and order Ungulata (such as antelope, deer, bison and camels); and
(4) Within the class Amphibia: Poisonous frogs, toads and salamanders.
Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection
of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is
(3)
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properly under restraint in compliance with this chapter is considered provocation, irrespective of the
reason for the entrance.
Public nuisance means any animal that:
(1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may
be amended.
(2) Trespasses on school grounds.
(3) Is repeatedly at large.
(4) Damages private or public property.
(5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or
unreasonable fashion, or at unreasonable hours.
(6) - - Bites, attacks or injures a domestic animal.
(7) Bites, attacks, or injures a person.
(8) Creates a danger to the public or destroys public/private property.
Pursuit means
The act of
attempting to capture and/or impound an animal.
Rat -proof means a state of being constructed so as to effectively prevent the entrance of rats.
Reclaim means to retrieve or recover an animal from the city animal shelter after quarantine or
impound.
Registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully
own, keep, harbor, or have custody or control of a doq or cat within the city.
Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar
or harness and under the effective control of a responsible person and obedient to that person's
commands, within the confines of its owner's home or yard which is fully enclosed by a secure and
substantial fence; or properly tethered. Horses Livestock must be kept in species appropriate enclosures:
i.e. stalls, pens. or in pastures or paddocks with secure and substantial fencing. In addition, a dog is
deemed under restraint in the following circumstances:
(1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city,
while the dog is actually engaged in the show, trial or exhibition.
(2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the
dog is actually engaged in dog obedience training; provided, the person training the dog has in
the person's possession a leash of at least five (5) feet and not more than ten (10) feet in
length and of sufficient strength to control the dog.
When the dog is used by a person with disabilities who utilizes the dog as a service animal to
aid the person in going from place to place within the city.
(4) When the dog is utilized by a licensed peace officer for law enforcement purposes.
Sanitary means any condition of good order and cleanliness, free from the elements of filth or
bacteria that endanger health.
Secure enclosure with respect to Dangerous Dogs means a fenced area or structure that ie separate
from the owners residence in respect to their house if contact is possible with quests invitees, or
licensees, and meets the following requirements:
(1) At least six (6) feet in height with secure sides and a secure top; if the enclosure does not have
a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the
ground;
(3)
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(2) Of sufficient size to allow the dog to move freely;
(3) Locked;
(4) Capable of preventing the entry of the general public, including children;
(5) Capable of preventing the escape or release of a dangerous dog by any means, including
digging, climbing, jumping, or chewing out of the enclosure;
(6) Clearly marked as containing a dangerous dog; and
(7)
Located no Tess than five (5) feet from another property line or fence adjoining the premises on
which the enclosure is located.
Secure Enclosure with respect to animals that are not Dangerous Dogs means an enclosure that is
species appropriate and prevents the animal from leaving said enclosure on its own volition, preventing it
from being at large.
Shelter means a structure that has three sides, a roof, and a floor; reference 6-161 for additional
requirements
Stable means any place that provides:
(1) Any horse, pony, donkey, or mule for hire.
(2) Boarding or grazing for any horse, pony, donkey or mule.
(3) Riding instruction on any horse, pony, donkey or mule.
Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or
harness so that an animal is fastened to a
movement. running line, pulley system, or trolley.
Tied means to improperly restrain an animal by means of securing the animal to a fixed point.
Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets
the minimum standards approved by the Texas Board of Health for presentation to the animal care
services division as a condition precedent to the granting of a dog or cat registration, and showing on its
face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for
rabies.
Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for
surgery, diagnosis, and the treatment of diseases and injuries to animals.
Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or
kennel, displaying or exhibiting one (1) or more species of non -domesticated animals and that is
accredited by a recognized national or state zoological entity. The premises must be located within an
appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if
required by the city's zoning and construction ordinances.
(b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female
gender.
(c) The singular form of words includes the plural form and vice versa.
Sec. 6-2. Penalties.
(a) No person may violate any provisions of this chapter. A violation of any of the provisions of this
chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less
than fifty dollars ($50.00) plus court costs nor more than five hundred tw-thoucaeddollars
($24=41(4500.00) plus court costs.
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(b) Violations of this chapter are treated as strict liability offenses. There is no need to prove that the
person had an intent to violate the provision with which the person is charged under this chapter.
(c) Each day a violation continues constitutes a separate offense.
Sec. 6 3.
RESERVED.
depaFteRent.
Sec. 6-4. Interference with animal care officer.
No person may interfere with an animal care officer while an officer is engaged in the performance
of the officers duties.
Sec. 6-5. Pursuit of animals.
For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable
laws, and to enforce the same, an animal care officer or police officer may enter upon private property to
the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal
which the officer has reason to believe is subject to impoundment under the provisions of this chapter or
other applicable laws.
Sec. 6-6. Regulations.
Regulations providing for the interpretation and enforcement of this chapter may be adopted by tie
Corpus Christi Police Department and Animal Care Services. The regulations are effective after review at
a public meeting held by the animal control advisory committee. A copy of the regulations will be kept on
file in the city secretary's office.
Sec. 6-7. Compliance with chapter required for keeping animals.
No person may do any act forbidden or fail to do any act required in this chapter.
Sec. 6-8. Compliance with sanitation standards required for keeping animals.
The owner of any animal within the city and the holder of any commercial permit issued under this
chapter must comply with the standards of sanitation established by the Vie€ -of- e -Animal Care
Services Manager under this chapter.
Sec. 6-9. Compliance with chapter not relief from compliance with federal, state, and city laws,
rules, and regulations.
The keeping of any animal in accordance with the provisions of this chapter may not be construed to
authorize the keeping of the animal in violation of any federal, state, or city laws, rules, and regulations,
including the zoning ordinances or any other ordinance of the city.
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Sec. 6-10. Inspection of animals and premises.
Animals and premises where animals are kept or maintained are subject to inspection by the animal
care services manager, an animal care officer, or any police officer at any reasonable hour, or at any hour
in cases of emergency.
Sec. 6-11. Abatement of conditions not complying with chapter.
Whenever any premises where animals are kept • - -
in -keeping -out of compliance with the provisions of this chapter, -Gr any regulations established by the
chief of policcAnimal Care Service Manager, or if -any health ordinance or law pertaining to the care or
keeping of an animal , the animal care services manager or designee, by written notice to
the person responsible for the premises or the keeping of the animals or to the person
owning or in control of the premises, may order the abatement of the conditions preventing compliance.
Failure to comply with the written notice constitutes grounds for the city to obtain relief by injunction.
Additionally, failure to comply with the written notice may subject the violator to administrative
proceedings and criminal charges.
Sec. 6-12. Application omissions or falsifications.
If an applicant has withheld or falsified any information on an application submitted under this
chapter, the animal care services manager may refuse to issue a registration or permit, or may revoke
any registration or permit issued in connection with the application.
Sec. 6-13. Effect of prior convictions; subsequent bite incident.
(a) No person who has been convicted within the preceding sixty (60) months of cruelty to animals
under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United
States may be issued a registration or permit.
(b) No person may be issued a registration if the person has been convicted within the preceding
twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to
restrain an animal under this chapter and who owns an animal that was involved in a documented
biting incident, which incident occurred without provocation, resulted in injury to another person or
domestic animal, and occurred subsequent to the convictions.
(1) Any person denied issuance of a registration under this subsection (b) may challenge the
denial by filing a written protest for review by the city manager, or the city manager's designee.
Any protest must be submitted to the city manager's office within ten (10) days of denial of
issuance.
(2) Upon review by the city manager, or designee, of a written protest, the city manager's decision
is final.
(c) For purposes of this section, a prior court order of deferred adjudication or deferred disposition is
considered a conviction.
Sec. 6-14. Reapplication upon denial of registration: or -permit
(a) Any person having been denied a registration or permit for any reason other than section 6-13 of
this chapter may not reapply for a period of thirty (30) days after such denial.
(b) Any person having been denied a registration under subsection 6-13(b) of this chapter may not
reapply for a period of twenty-four (24) months after such denial.
(c) Each reapplication for registration must be accompanied by a nonrefundable ten -dollar ($10.00) fee.
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Sec. 6-15. Fee schedule.
Fees for animal care services shall be charged pursuant to the animal care service fee schedule
filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review.
Any adjustment of the animal care service fee schedule requires city council approval.
Sec. 6-16. Waiver or reduction of fees.
The animal care services manager is authorized to reduce or waive fees for adoption events or
where necessary to advance the goals of animal care services.
Sec. 6-17. Local rabies control authority.
(a) The animal care services manager is designated as the local rabies control authority to enforce the
provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.).
(b) The duties of the local rabies control authority shall include, but are not limited to the enforcement
of:
(1) The provisions of the Rabies Control Act of 1981, and the rules of the state board of health
which comprises the minimum standards for rabies control;
(2) The ordinances and/or rules of the City of Corpus Christi; and/or
(3) The rules adopted by the state board of health under the area quarantine provisions of
V.T.C.A., Health and Safety Code § 826.045 of said Act.
Secs. 6-18-6-25. Reserved.
ARTICLE ll. REGISTRATIONS
Sec. 6-26. Application requirements.
(a) Required. No person may own, keep, harbor, or have custody or control of any dog or cat over four
(4) months of age within the city without having said doq or cat implanted with a microchip that is to
be registered with both animal care services and the issuing microchip company, except as
permitted by section 6-28(b) of this Code.registered each dog or cat as provided under this article,
oxcept ac permitted by subsection (c) of this section.
(1) It is presumed, in a prosecution for a violation of this subsection, that the dog or cat owned.
kept, or harbored by. or under the custody or control of the person so charged was over four
(1) months of age on the date of the-r+otation:
registered under this subsection did not register the subject animal in accordance with this
chapter unless, upon the request of an animal care services officer or licensed peace officer at
(b) No person may own, keep. harbor or have custody or control of a doq or cat over four (4) months of
age within the city, unless the doq or cat has been immunized against rabies in accordance with this
chapter and state law.
number. state issued driver's license or identification number, and date of birth of the applicant, a
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certificate issued by a licensed veterinarian -
(c) Every owner or keeper of a dog or cat immunized against rabies as required in this chapter must
procure a rabies vaccination certificate from the veterinarian administering the vaccine. When-te
violation.
(d) A veterinarian who vaccinates a dog or cat as required by this chapter must furnish the owner or
keeper of the dog or cat with a metal tag bearing a number corresponding to the number placed on
the vaccination certificate, and with lettering showing immunization and the year thereof. This tag
must be attached to the collar or harness of the dog or cat for which it was issued and must be worn
at all times in a conspicuous place on the collar or harness.
(1) It is presumed, in a prosecution for a violation of this subsection, that the dog or cat owned,
kept, or harbored by, or under the custody or control of the person so charged was over four
(4) months of age on the date of the violation.
(2) It is presumed, in a prosecution for a violation of this subsection, that the person charged with
owning, keeping, harboring, or having custody or control of a dog or cat required to be
registered.under this subsection did not register the subject animal in accordance with this
chapter unless, upon the request of an animal care services officer or licensed peace officer at
the time of the violation, valid proof of registration was produced by the person so charged.
(e) Application; prerequisites. Written application for registrations and payment of the applicable fees
must be made to the city's collections section, animal care services division, or participating
veterinarians. The application must include the name, address, phone number, state -issued drivers
license or identification number, and date of birth of the applicant, a description of the animal, rabies
vaccination information and microchip information.
(f) When to apply. An owner must make application for registration within ten (10) days after obtaining a
dog or cat over four (4) months of age, except that this requirement will not apply to a nonresident
individual keeping a dog or cat within the city for no longer than sixty (60) days.
(1) It is presumed, in a prosecution of a violation of this section that the dog or cat, owned by the
person charged with the violation, was obtained more than ten (10) days prior to the date of the
violation.
(2) It is presumed, in a prosecution of a violation of the exception contained in this section, that the
person charged with the violation is a resident of the city and that the person has kept the dog or cat
within the city for a period exceeding sixty (60) days.
Sec. 6-27. Fees.
(a) The animal's owner will be responsible for any applicable fees incurred by the implant of the
microchip, through CCACS or other delegates, including a license veterinarian. Fees for
microchippinq performed by CCACS will be established in the fee schedule pursuant to section 6-15
of this chapter.
pursuant to section 6 15 of this chapter.
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(cb) No fee may be charged for a registration issued for any dog actually used by a person with
disabilities who utilizes the dog as a service animal to aid the person in going from place to place
within the city.
(dc) No fee may be charged for a registration issued for any dog that is owned and used by any law
enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement
purpose.
Sec. 6-28. Term Microchip Required
(a) A microchip registered with animal care services will act in place of a city license, indefinitely, and
may be revoked by an administrative proceeding pursuant to section 6-76 (Registration and Permit
Revocation), when deemed necessary.
(b) A dog or cat is exempt from this requirement if the dog or cat is deemed ineligible by the animal care
services manager or determined to be medically unsuitable for a microchip by a licensed
veterinarian, in writing. Proof of medical unsuitability for microchip must be provided to animal care
services within thirty (30) days.
Sec. 6-29. Maintaining Current Registration
(a) The owner of a dog or cat shall maintain current registration with both the microchip registration
company and animal care services.
(b) If there is a change in contact information for the owner of a dog or cat with a registered microchip
the owner shall update contact information, including new address or telephone number, with both
animal care services as well as the microchip registration company, if applicable, within thirty (30)
days of the date of the change in contact information.
chapter.
shapter-,
(c) If there is a change in ownership of an animal with a registered microchip the initial owner shall be
responsible for ensuring that the microchip is no longer registered in the initial owner's name within
thirty (30) days of the date of change in ownership. The new owner shall be responsible for re -
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registering the microchip to include any new address and telephone number and have the
registration information transferred to the new owner's name within thirty (30) days after the change
in owners hip.Replacemer of-tag—A-duplicate- -- - - -• -- ••- e -- - •-- _•• the -animal care
established in the fee schedule pursuant to
the division mea
payment of a replacement fee established in the fee schedule pursuant to section 6 15 of this
chapter.
(d) No person may use a microchip registration for any other animal than the one it has been issued
to. - - - - - - - • - - - - • -
which it was issued.
- ----• - --
Sec. 6-30. Registration records.
The animal care services manager shall maintain a current record of the serial microchip numbers of
dog and cat registrations - the same are microchip is issued/updated.
and the names and addresses of persons to whom
Sec. 6-31. Reduction or waiver of fee during animal health campaigns.
The city manager is authorized to temporarily reduce or waive fees for animal registrations as part of
community -wide registration and vaccination campaigns held by the animal care services division in
conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare
organization to increase the awareness of the need for pet vaccinations and registrations.
Sec. 6-32. Dangerous dog. reg, t anon.
Dangerous dogs shall be defined in accordance with V.T.C.A.. Health and Safety Code ch. 822.
822.041. as referenced below and shall be determined and regulated in accordance with said chapter.
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.
(a) A dog found to be a "dangerous dog as defined in V.T.C.A.. Health and Safety Code ch. 822. as it
•
under V. T.C.A., Health and Safety Code ch. 822. as it may be amended. The dangerous dog
-
e. ■ .
(c) The owner of a dangerous dog shall present proof of the secure enclosure in which the dog will be
V.T.C.A.. Health and Safety Code ch. 822. as it may be amended.
Page 12 of 46
Sec. 6-33. - Investigation, seizure and confinement of alleged dangerous dog and determination of
a dangerous dog.
(a) Upon receipt of a sworn affidavit of complaint, signed by one (1) or more individuals before an
individual authorized by law to make sworn statements, the department shall investigate the complaint.
The complaint shall contain a description of the incident involving an alleged dangerous dog, as defined
above, the date and location of the incident, the name of the owner of the dog, the address of the owner,
and a description of the doq(s) involved in the incident. Said investigation may include discussing the
incident with the owner/keeper of the dog. The owner/keeper of the dog shall have the riqht to provide an
affidavit or statement concerning his own dog.
(b) After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable
precaution to ensure the health and safety of people nearby, the animal care services manager may order
the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from
any municipal court magistrate to enter onto private property to search for a dog which is allegedly
dangerous or has been previously determined to be dangerous, if permission to enter the subject
premises is denied by a person in lawful possession. If the dog cannot be safely approached, a
tranquilizer projector may be used by department personnel. The cost of securing said doq(s) shall be
borne by the owner. If a dog is determined to be dangerous, it will remain in confinement as directed by
the animal care services manager. A dog that has been determined to be dangerous cannot be released
back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for
dangerous dogs as outlined in this chapter.
(c) An animal care officer may impound an alleged dangerous dog if the officer has cause to believe that
a dog is dangerous as defined above.
(d) The department shall determine whether a dog is dangerous. Within five (5) working days after the
dog is deemed dangerous, the department will notify the owner of the dog, of the dangerous dog
determination and appeal rights by written notice. The notice shall include the reason for the allegation,
and all requirements for owners of a dog determined to be dangerous as set out in this chapter.
Sec. 6-34 - Requirements of dangerous dog owners.
(a) An owner of a dog determined to be dangerous, must comply with all of the following nine (9)
requirements before the subject dog can be released to the owner by the department. The department
must, however, release the dog to the owner if a state licensed veterinarian with a facility located within
the city verifies, upon being contacted by a city veterinarian or department, that the owner has arranged
for the required surgery of the dangerous dog to comply with this article, and if necessary, a city
veterinarian has implanted the required registered microchip in the dog, has inspected the residence
where the dog is to be kept, and is satisfied that the following requirements which could have already
been complied with have been complied with by the owner:
(1) The dog must be registered with the department and shall annually obtain a dangerous dog
permit;
.(2) The dangerous dog shall at alt times wear a collar approved by the department visible at fifty
(50) feet so that the dog can be identified as a dangerous dog. The department is authorized to
charge the dog owner a fee to cover the cost of this collar;
(3) The dangerous dog must be kept in a Dangerous Dog enclosure as defined this chapter;
f4) The owner must present to the department a certificate of public liability insurance in the
amount of one hundred thousand dollars ($100,000.00) to cover any injuries caused by the
Page 13 of 46
dangerous dog. The insurance shall be kept in effect continuously and shall not be cancelled
unless the dog is no longer kept by the insured owner;
(5) The dangerous dog, when taken outside the enclosure, must be securely muzzled in a
manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall
prevent it from biting any person or animal; and the dangerous dog must be restrained by a
sturdy leash six (6) feet in length. The department is authorized to charge the dog owner a fee to
cover the cost of this leash;
(6) The owner shall post a sign on his premises warning that there is a dangerous dog on the
property. This sign shall be visible and capable of being read from the public street or highway. In
addition, the department shall design and produce a uniform dangerous dog symbol or decal,
understandable by small children which shall be made available at cost to the public. Such
symbol or decal must be displayed on or about the sign;
(7) If the dog does not have a registered microchip, the owner shall authorize the department to
implant a registered microchip beneath the skin of the dangerous dog for positive identification of
the animal;
(8) At the owner's expense, the dangerous dog must be spayed or neutered either by the
department or, at the discretion of the department, by a veterinarian approved by the department
prior to being released back to its owner;
(9) The owner must allow an annual inspection of the residence where the dog is kept ensuring
continued compliance with all requirements of this section. More frequent inspections may be
conducted in response to specific complaints regarding non-compliance with this section.
(b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership
requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care
agency, licensed veterinarian or the department.
Sec. 6-35 - Hearing to determine compliance with dangerous dog requirements.
(a) V.T.C.A., Health and Safety Code $ 822.0423 provides that a municipal court may conduct a hearing
to determine whether the owner of a dangerous doq has complied with the requirements for the owner of
a dangerous doq.
(b) Upon an application from any person, the municipal court shall conduct a hearing to determine
compliance with dangerous doq requirements.
(c) A municipal court judge shall conduct a hearing to determine whether the preponderance of the
evidence supports the allegation that the owner has failed to comply with dangerous dog requirements.
(d) The municipal court judge shall be the finder of fact.
(e) At the conclusion of the hearing, if the municipal court judge finds that the owner has failed to comply
with the dangerous doq requirements, the judge shall order the seizure of the doq in accordance with
V.T.C.A., Health and Safety Code § 822.042.
(f) An owner or the person who filed the application for the hearing may appeal the decision of the
municipal court in the manner provided for the appeal of cases from municipal court.
(q) The municipal court judge may compel the attendance of the applicant, any known witnesses, the doq
owner against whom the application was filed, and the animal care services manager or his
representative who investigated. Any interested party, including the city attorney or an assistant city
attorney, may present evidence at the hearing.
Page 14 of 46
Sec. 6-36 - Appeal of dangerous dog determination.
Appeal of a dangerous dog determination shall be in accordance with V.T.C.A., Health and Safety Code §
822.0421.
Sec. 6-37 - Notification of change of status; disposition of dangerous dog.
The owner/keeper of a dangerous dog shall notify the department within twenty-four (24) hours if their
dangerous dog is loose, unconfined, has attacked another animal, has attacked a person, or has died. A
dog determined to be dangerous under this chapter shall not be offered for adoption, rescue or sale or be
given away. If the owner wishes to dispose of the dangerous dog, the owner shall return the dog to the
department.
Sec. 6-38 - Dangerous dog violations.
(a) A person commits an offense under state law, pursuant to the Texas Health and Safety Code, if the
person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person
outside the dog's enclosure and causes bodily injury to the other person.
(b) It shall be a violation of this chapter for an owner or keeper to intentionally, knowingly, or recklessly
fail to prevent a dangerous dog, from killing or wounding, or assisting in the killing or wounding of any
domestic animal belonging to or in the possession of another person, or for an owner or keeper to fail
to prevent a dangerous dog from attacking, assaulting, biting or otherwise injuring any person or
assisting in the attack, assault, biting, or other injury of any person whether out of or within the
enclosure of the owner or keeper, and whether or not such dangerous dog was on a leash or securely
muzzled or whether or not the dangerous dog escaped without the knowledge or consent of the
owner or keeper. If a person is found guilty of an offense under this section, the court may order the
dangerous dog destroyed in an expeditious and humane manner.
(c) It shall be a violation of this chapter for the owner or keeper of a dangerous dog to:
(1) Fail to comply with any of the requirements of this chapter as required;
(2) Fail to notify the department of a change of status as set out in this chapter; or
(3) Fail to keep the dog confined at no cost to the city during the hearing process.
(d) The provisions under this section shall not apply to any law enforcement agency where a dog is being
used for law enforcement.
(e) A rebuttable presumption shall exist that the owner or keeper knowingly allowed a dangerous dog to
be kept in inadequate confinement in any criminal complaint filed under subsection (b).
(f) The animal care services manager may require a dangerous dog to be removed from the city limits.
Sec. 6-39. - Aggressive dogs; levels defined.
Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For
purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following:
(1) Level 1 behavior is established if a dog, while unrestrained, causes physical injury to any
domestic animal or livestock.
(2) Level 2 behavior is established if:
Page 15 of 46
a. A dog, while unrestrained, kills or causes the death of any domestic animal or
livestock, or
b. A dog classified as a level 1 aggressive dog that repeats the behavior in subsection (1)
after the owner or keeper receives notice of the level 1 classification.
(3) Notwithstanding subsections (1) and (2), the director shall have discretionary authority to
refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors
specified in subsections (1) and (2) if the director determines that the behavior was the result of
the victim abusing or tormenting the dog or was directed towards a trespasser or other similar
mitigating or extenuating circumstances.
Sec. 6-40. - Investigation, seizure, confinement, and designation of aggressive dogs.
(a) The department shall have authority to determine whether any dog has engaged in the behaviors
specified in section 6-39. This determination may be based upon an investigation that includes
observation of and testimony about the dog's behavior including the dog's upbringing and the owner's or
keeper's control of the dog, and other relevant evidence as determined by the department. These
observations and testimony can be provided by animal care officers or by other witnesses who personally
observed the behavior. They shall sign an affidavit attesting to the observed behavior and agree to
provide testimony regarding the dog's behavior if necessary.
Sb)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable
precaution to ensure the health and safety of people nearby, the department may order the immediate
seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal
court magistrate to enter onto private property to search for a dog which is allegedly aggressive or has
been previously determined to be aggressive, if permission to enter the subject premises is denied by a
person in lawful possession. If the dog cannot be safely approached, a tranquilizer projector may be used
by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is
determined to be aggressive, it will remain in confinement as directed by the department. A dog that has
been determined to be aggressive may not be released back to the owner until the owner is able to
demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 6-
42.
(c) The director shall have the discretion to increase or decrease a classified dog's restrictions based
upon relevant circumstances.
(d) The department shall give the dog's owner or keeper written notice of the dog's specified behavior, of
the dog's classification as agqressive, and of the restrictions applicable to that dog by reason of its
classification.
(e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive dog pursuant to
subsection (c), the owner or keeper shall comply with the restrictions specified in the notice unless
reversed on appeal. Upon final determination and after appeals are exhausted, the owner will have thirty
(30) days to comply with the requirements or else the animal will be considered abandoned and may be
disposed of per section 6-103(q). Failure to comply with the specified restrictions shall be a violation of
this chapter for which a fine can be imposed. Additionally, the department shall have authority to impound
the dog pending completion of all appeals.
(f) If the department's decision finds that a dog has engaged in aggressive behavior, the dog may be
impounded pending the completion of any appeals.
(a) Any dog classified as a level 2, that is found to have repeated level 2 behavior as defined under this
code, shall be impounded if not already impounded. The dog shall not be released to the owner or be
made available for adoption until either potential recipient of the dog has established arrangements for
Page 16 of 46
accommodating the animal consistent with all the security and safety requirements ordered by the
department.
Sec. 6-41. - Appeal of aggressive dog determination to municipal court.
(a) An owner may appeal an aggressive dog determination within fifteen (15) days after receiving notice
of the determination by:
(1) Filing a written notice of appeal of the department's aggressive dog determination to
municipal court;
(2) Attaching a copy of the determination from the department; and
(3) Serving a copy of the notice of appeal to the department by certified mail.
(b) A municipal court judge shall conduct a hearing to determine whether the preponderance of the
evidence supports the aggressive dog determination.
(c) The municipal court judge shall be the finder of fact. As such, the municipal court judge may compel
the attendance of the complainant, any known witnesses, the dog owner against whom the complaint
was filed, and department staff who investigated. Failure of the owner of the animal to appear at the
hearing shall result in a final classification with no further appeal. The owner may be represented by
counsel.
(d) At the conclusion of the hearing, the municipal court may affirm or reverse the aggressive dog
determination.
(e) The result of the administrative appeal hearing is final.
Sec. 6-42. - Regulation of aggressive dogs.
In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall
comply with the following conditions:
(1) Dogs classified as level 1 dogs shall confined within a secure enclosure whenever the dog is not
on a leash. The secure enclosure must be located so as not to interfere with the public's legal
access to the owner's or keeper's premises. In addition, the department may require the owner or
keeper to obtain and maintain proof of public liability insurance in the amount of one hundred
thousand dollars ($100,000.00).
(2) Dogs classified as level 2 dogs shall be confined within a secure enclosure whenever the dog is
not on a leash. The secure enclosure must be located so as not to interfere with the public's Ieq
access to the owner's or keeper's premises, and the owner or keeper shall post warning signs,
which are provided by the department, on the premises where the dog is kept, in conformance
with rules to be adopted by the department. In addition, the director may require the owner or
keeper to obtain and maintain proof of public liability insurance in the amount of one hundred
thousand dollars ($100,000.00). The owner or keeper shall not permit the dog to be off the
owner's or keeper's premises unless the dog is muzzled and restrained by an adequate leash and
under the control of a capable person.
(3) To ensure correct identification, all dogs that have been classified as aggressive shall be
microchipped and photographed and may be fitted with a special tag or collar determined by
the department at the owner's expense.
Page 17 of 46
(4) The animal must have a registered microchip and obtain an annual aggressive dog permit
from the department.
(5) The owner or keeper of a level 2 aggressive dog shall not permit the warning sign to be
removed from the secure enclosure. The owner or keeper of any aggressive dog shall not
permit the special tag or collar to be removed from the dog. The owner or keeper of an
agqressive dog shall not permit the dog to be moved to a new address or change owners or
keepers without providing the director with ten (10) days' prior written notification.
(6) At the owner's expense, the aggressive dog must be spayed or neutered by a veterinarian
approved by the department prior to being released back to its owner.
Sec. 6-43. - Declassification of aggressive dogs.
Declassification will be automatic pursuant to this section.
(1) The following conditions must be met:
a. Level 1 dogs have been classified for one (1) year without further incident, and two (2)
Years for level 2 dogs; and
b. There have been no violations of the specified regulations.
(2) When the owner or keeper of an aggressive dog meets all of the conditions in this chapter, the
restrictions for level 1 classified dogs may be removed. Restrictions for level 2 may be removed,
with the exception of the secure enclosure.
Secs. 6-3344-6-50. Reserved.
ARTICLE 111. COMMERCIAL PERMITS AND FEES
Sec. 6-51. General provisions.
(a) Except for veterinarians and veterinary hospitals, all commercial animal establishments and owners
and possessors of guard dogs are required to maintain a valid commercial permit.
(b) No commercial permit may be transferred or assigned between persons, between commercial
animal establishments, or between a person and a commercial animal establishment.
(c) Each separate and distinct commercial animal establishment, even though owned by the same
person, must possess a permit.
(d) Upon a change in the location or ownership of a commercial animal establishment, a new
application for a commercial permit is required.
(e) Each commercial animal establishment is subject to inspection by an animal care officer during
normal business hours.
A commercial permit must be displayed in a prominent place on the premises.
(f)
(g) In addition to all other conditions of this article, owners and possessors of dogs defined as "guard
dogs" under this chapter must meet all applicable provisions of this chapter and regulations
promulgated by the animal care services manager.
(h) No commercial animal establishment may sell any dog or cat four (4) months of age or older to any
person unless the animal has a valid rabies vaccination.
(i) Failure to apply for a permit prior to the opening of such a commercial animal facility, or within thirty
(30) days prior to the renewal date, shall constitute an offense under this section.
Page 18 of 46
(
All animal establishments, commercial and non must have an evacuation plan in case but not limited
to natural disaster must be written and readily available. All personnel, employees and volunteers
must be educated on the establish plan and have knowledge of the actions that must be taken.
Sec. 6-52. Application.
(a) All commercial animal establishments, excluding veterinarians and veterinary hospitals, and owners
and possessors of guard dogs are required to obtain and submit an application for a commercial
permit from the animal care services division.
(b) Upon initial application for a permit, the animal care services manager or designee must review and
certify that the commercial animal establishment has been inspected and is in compliance with all
construction, zoning, or other ordinances of the city governing the conduct of the business of the
commercial animal establishment after consulting with the building official and zoning and code
enforcement administrator. An appropriate certificate of occupancy issued by the building official
may be considered as evidence that the commercial animal establishment complies with the city's
construction and zoning ordinances.
Sec. 6-53. Term.
(a) Except as otherwise set out in this section, a commercial permit is renewable annually.
(b) Commercial permits granted to an auction, circus, performing animal exhibition, and rodeo are valid
for the duration of the event not to exceed thirty (30) days from the date of issuance. The time
provided includes set up and preparation.
(c) Commercial permits granted to a performing animal exhibit are valid for a period not exceeding two
four (24) calendar days.
Sec. 6-54. Fees. Pertaining to Kennels.
(a) Each permit for a kennel must specify the maximum number of animals that may be kept at the
kennel the animal care services department shall determine this number based on available space
and number of employees, and can re-evaluate the maximum number of animals allowed at any
time. . - - - - •• are established -ire • - - - _ _ • 6-
15 of this chapter.
(b) Owners and operators of kennels where animals are boarded must maintain a register identifying all
animals boarded, the name, address, and telephone number of the owners of each animal including
an alternative emerqency telephone number. Any -
(c) The kennel owner must also provide an emergency telephone number where the kennel owner,
operator, and any caretaker of the kennel can be reached if the owner, operator, or caretaker do not
reside on the premises.
(d) Runs shall be constructed to effectively enclose the animals housed therein. Runs and exercise
areas shall be sanitized a minimum of once in each 24-hour period and more frequently as may be
necessary by removal of soiled materials and application of suitable disinfectants.
(e) All animals shall be supplied with sufficient species-specific food a minimum of once during each 24-
hour period and more often if the physiological needs of the animal require it. Each animal shall
have access to fresh potable water at all times.
Page 19 of 46
Sec. 6-55. Pertaining to Stables.
(a) Each permit for a stable must specify the maximum number of animals that may be kept at the
kennel or stable, the animal care services department shall determine this number based on available
space, and can re-evaluate the maximum number of animals allowed at any time
(b) Owners and operators of stables where animals are boarded must maintain a register identifying
all animals boarded, the name, address, and telephone number of the owners of each animal including an
alternative emergency telephone number.
(c) The stable owner must also provide an emergency telephone number where the stable owner,
operator, and any caretaker of the stable can be reached.
(d) Stalls shall be constructed to effectively enclose the animals housed therein. Animal waste must
be removed if it begins to inhibit the animal's ability to move around its stall comfortably.
(e) All animals shall be supplied with sufficient species-specific food a minimum of once during each
24-hour period and more often if the physiological needs of the animal require it. Each animal shall have
access to fresh potable water at all times.
Sec. 6-56. Permit required for circuses, rodeos, animal exhibits,
animal shows, petting zoos and recreational animal rides; special exceptions for
institutions and special attractions.
(a) The permit application shall be submitted at least twenty (20) days prior to the event, and shall
contain information as to the kind and number of animals involved, records showing animals are up
to date on required vaccinations and are considered by a certified veterinarian as healthy, required
state or federal licensing documentation, name and address of the person or business that will keep.
feed, and confine the animal(s) during their stay in the city and any other information requested by
the department _ _ -• - _ _
(b) Petting zoo permits shall be valid for the duration of the event outlined in the application.Owners-and
(c) Permits shall not be required for any animal so long as it is owned by a governmentally owned and
operated facility, publicly operated facility, a public zoological park, or bona fide medical institution or
Page 20 of 46
research institution.
reached if the owner, operator, or caretaker do not reside on the premises.
(d) Animals used within the city for entertainment purposes such as rodeos and circuses must be
provided with all the necessities of life including air, food, water, veterinary care, exercise, and
protection from the sun and other elements of nature. A licensed veterinarian must be able to be
contacted and come to site in case of emergencies, such as but not limited to injuries and illnesses.
Once determined to be injured or ill by a licensed veterinarian, an animal may be returned to use
only after certification as healthy by a licensed veterinarian.
Sec. 6-57.
.Pet Shop Requirements.
(a) No person shall operate a pet shop within the city without first obtaining a permit from the
department. - - - - • ,
(b) All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top
of their primary enclosure.
(c) Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four (24)
hours. Sanitizing of dog and cat enclosures shall be done once every day by washing the surfaces
with proper disinfectants that are not harmful to the animal's health.
(d) All pet shops and stores selling any and all species of animals shall:
(1) Provide appropriate medical services, care, and housing according to individual species' needs.
(2) Keep accurate records of breed, description, approximate age and sex of animal sold if
applicable
(3) Medications and immunizations administered if applicable;
(4) A guarantee of good health for a period of not less than two (2) weeks with recommendation to
have the animal examined by a licensed veterinarian if applicable. The permit holder shall retain a
copy of the written statement for twelve (12) months from date of sale.
(e) Records shall be maintained and surrendered to the department upon request and without
reservation or purpose of evasion. Failure to produce such records upon demand by the department
shall be cause for the revocation of an existing permit and the refusal to issue a new permit for a
period of two (2) years.
Sec. 6-58. Suspension and Revocation.
(a) Grounds for suspension. The animal care services manager may suspend any commercial animal
establishment's permit if any of the following conditions occur:
(1)Animals at the commercial animal establishment are being deprived of necessary food, water,
care or shelter:
(2)Animals at the commercial animal establishment are being cruelly confined or are otherwise
being cruelly treated;
Page 21 of 46
(3)Unsanitary conditions exist at the commercial animal establishment to such an extent that those
conditions create a possible medium for the transmission of disease to the animals kept there or to
human beings; or
(4)The owner or anv agent or employee of the commercial animal establishment responsible for the
oversight or operation of the commercial animal establishment receives three or more notice of
violations in a twelve month period (12), outlining infractions found during inspection in relation to
the operation of the commercial animal establishment.
(b) Conditions for revocation. The animal care services manager may revoke a permit to operate a
commercial animal establishment if any of the following conditions occur:
(1)Conditions stated in subsection (a)(1), (a)(2), (a)(3), and/or (a)(4) of this section have existed on
two or more occasions at the commercial animal establishment after the officials of animal care
services have warned the commercial animal establishment of the conditions;
(2)The commercial animal establishment permit has been suspended two or more times;
(3)The owner of the commercial animal establishment is shown to have committed any offense
involving cruelty to animals within the last 18 months; or
(4)The owner of the commercial animal establishment has knowingly employed any person at the
commercial animal establishment or allowed any person to work at the commercial animal
establishment who has committed any offense involving cruelty to animals within the last 18 months.
(c) Prior to suspension or revocation, written notice shall be given to the owner of the commercial animal
establishment, the person in charge of the commercial animal establishment, or any employee or agent of
the owner. The notice shall set forth:
(1)The specific conditions existing at the commercial animal establishment that are grounds for
suspension or revocation of the permit pursuant to subsection (a) of this section;
(2)That a hearing will be held by the animal care services manager:
(3)The date, time and place of the hearing; and
(4)That the owner of the commercial animal establishment may appear in person and/or be
represented by counsel and may present testimony
The hearing shall be held not later than seven business days after the date the permit holder received
notice of the suspension.
(d) All hearings shall be held by the animal care services manager at animal care services and shall be
conducted under rules consistent with the nature of the proceedings.
(e) After completion of the hearing, the animal care services manager shall make written findings as to
why grounds exist for suspension or revocation of the permit and shall order the suspension or revocation
of the permit. However, if the animal care services manager finds that the needs of the animals and the
public interest will be adequately protected by a warning, he may issue a warning and deny the request
for suspension or revocation.
(f) A denial of a request for suspension of a permit shall not preclude the animal care services manager
from seeking a revocation of the permit as set forth below.
(q) A copy of the written findings and order of the animal care services manager shall be served on the
owner of the commercial animal establishment. If the address of the owner is unknown or the notice has
been sent via certified mail, return receipt requested and has been returned undelivered, such notice shall
be served on the person in charge of the commercial animal establishment or on any employee or agent
of the owner.
(h) If the permit is suspended, no one shall accept or place any animal in the commercial animal
establishment and all sales. services being provided. or business conducted at the establishment shall
Page 22 of 46
cease until the permit is reinstated by the animal care services manager. Failure to comply with the cease
business order will result in an automatic revocation of the permit.
(i) Correction of conditions; inspection; reinstatement of permit. Whenever the reason for a suspension no
longer exists, the owner or person in charge of the commercial animal establishment shall notify animal
care services that the conditions under which the permit was suspended have been corrected and that an
inspection is requested; If the inspection shows that the conditions have been corrected, the animal care
services manager shall reinstate the permit unless the animal care services manager has given notice
that he is seeking revocation of the permit.
(j) If the permit is revoked, no one shall accept or place any animal in the commercial animal
establishment and the owner and or operator of the establishment shall divest themselves of the animals
within ten calendar days from the date of the revocation. Failure to do so will result in the animals at the
pet facility being declared prohibited animals and said animals will be subject to seizure.
(k) Any notice provided for in this section may be served by personal delivery or by certified mail, return
receipt requested.
(I) In the event a permit is revoked, the city shall not be liable to the permit applicant for any refund of any
part of the permit fee. Reinstatement of a permit that has been revoked shall require application and
payment of a permit fee as if it were an initial application; provided, however. no permit shall be issued to
the same permit applicant if the applicant has been convicted of any offense involving cruelty to animals',
no permit shall be issued to the same permit applicant within one year of the date a permit has been
revoked; and no permit shall be issued for the same location unless it is shown that adequate precautions
have been taken so that the conditions under which the permit was revoked shall not reoccur. If there is a
dispute between the inspector and the permit applicant for an establishment for which a permit was
revoked as to whether adequate precautions have been taken so that the conditions under which the
permit was revoked will not reoccur, the applicant may request a hearing before the animal care services
manager. The hearing shall be conducted under the same procedures as a hearing for a revocation of a
permit; however, the burden shall be on the applicant to show that adequate precautions have been taken
so that the conditions under which the permit was revoked will not reoccur.
Secs. 6-59-6-75. Reserved.
ARTICLE IV. ADMINISTRATIVE PROCEEDINGS
Sec. 6-76. ' Administrative
Hearing - Registration
(a) 14413e4 -meld -The animal care services manager or designee may hold an administrative hearing to
determine whether any registration or -permit- issued under article!! or article III of this chapter should
be revoked or to otherwise regulate the keeping of an animal within the city, if:
(1) A registration or permit holder fails or refuses to comply with any provision of this chapter, the
regulations promulgated by the animal care services manager or any law governing the
protection and keeping of animals in this state;
(2) The owner of an unregistered animal; or the owner of an unvaccinated animal er the owner of
under this chapter fails or refuses to
comply with any provision of this chapter, the regulations promulgated by the animal care
services manager, or any law governing the protection and keeping of animals in this state;
An animal has been involved in an unprovoked biting offense and the incident involved bodily
injury to a person;
(4) An animal has been determined by an animal care officer to be a public nuisance; or
(3)
Page 23 of 46
(5)
An animal has been the subject of two (2) criminal charges and/or violations brought against
the animal's owner under this chapter • _ - _ _ • - of two
(2) impoundments, or a combination of one such conviction violation and one (1)
impoundment, resulting from separate incidents, within the twenty -four-month period
immediately preceding the date of the last eviction violation or impoundment. Impoundments
which occurred as a result of provoked scratching, biting, or attacking incidents may not be
considered for purposes of this subsection.
(b) Written notice required.
(1) An administrative hearing may not be held without giving the registration or permit holder.
• -• , holder or owner of an
unregistered animal prior written notice of the date, time and place of the hearing.
(2) Written notice is deemed made when a certified letter, return receipt requested, addressed to
the address indicated on the holder's owner s last registration or, if no
such application is on file, to the owner's last known address, is deposited in the U.S. mail.
Written notice is also deemed made when the notice letter is delivered by an employee or
representative of the animal care services manager to the address.
(c) Disposition. At the conclusion of the administrative hearing, the the animal care services manager or
designee shall determine if the ownerpercon holding the registration or permit, the owner of a
- •- , or the owner of an unregistered animal
has violated any provision of this chapter, the regulations promulgated by the animal care services
manager, or any law governing the protection and keeping of the animal that is the subject of the
administrative hearing. If any violation has been found to have occurred, the animal care services
manager or designee, w -at their discretion, may order that any of the following actions be taken
within • - •• - = - - - - - • - - - ten calendar days from
the date of hearing:
(1) That the owner divest himself/herself of the animal that is the subject of the administrative
hearing by revocation of the animal's registration and removal from the city; failure to do so will
result in the animal being deemed prohibited and said animal will be subject to seizure.
(2) That the owner comply with specified conditions deemed to be consistent with the protection of the
public health, safety and welfare, so as to be permitted to continue to keep the animal within the city;
or•- .- ... - - _ - - _ •-
(43) Any other disposition deemed to be consistent with the protection of the public's health, safety
and welfare.
Secs. 6-77-6-100. Reserved.
ARTICLE V. ANIMAL AND RABIES CONTROL
Sec. 6-101. Restraint.
It is unlawful for an owner to fail to keep an owner's animals under restraint as follows:
Page 24 of 46
(1) Except for cats, all animals must be kept under restraint as defined in this chapter. Cats may
be free -roaming if otherwise in compliance with the provisions of this chapter.
(2) It is a violation of this chapter for any animal to be a public nuisance. An owner and/or keeper
violates this provision if the owner's animal is a public nuisance, regardless of any "fault" of the
owner and/or keeper.
Sec. 6-102. Spaying/neutering required of cats.
(a) After January 1, 2006, all free -roaming cats are required to be spayed or neutered. For the purposes
of this section, "free -roaming" means not securely caged, not under restraint by a leash or lead
attached to a collar or harness, or not within the confines of the cat owner's residence or business
structure.
(b) Any free -roaming cat that is not spayed or neutered is subject to impoundment under this chapter.
Nothing contained in this chapter prevents the free -roaming of cats that have been spayed or
neutered.
Sec. 6-103. Impoundment.
(a) Grounds for impoundment. Animals may be impounded by the animal care services division in any
of the following circumstances:
(1) Any dog -animal not kept under restraint as required by this chapter.
(23) Any dog or cat for which a valid city registration has not been issued.
(34) Any animal that constitutes a public nuisance.
.344444,
(46) Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably
suspect as having rabies.
(57) Any animal.—when-u-nwevaked7 that bites, scratches, or otherwise attacks another animal or
person within the city.
(63) Any animal not kept by the owner or permit holder in conformity with this chapter, regulations
promulgated by chief of poAse rthe animal care services manager, disposition made in
accordance with article IV of this chapter, or state law.
(79) Any animal upon the written request of the animal's owner and to which the animal care
services manager or the animal care services manager's designee agrees that the animal be
humanely euthanized for the protection of the public's health, safety and welfare.
(81-0)Any dog that is the subject of a cause of action filed pursuant to V.T.C.A., Health and Safety
Code ch. 822, as it may be amended, must be impounded until further order of a court of
proper jurisdiction.
(11) Any free roaming cat that has not been spayed or neutered.
(b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a
proceeding pursuant to V.T.C.A., Health and Safety Code ch. 822, for observation of rabies under
section 6-127, or other administrative procedures, impounded animals not claimed must be kept for
not less than three (3) working days from date of impoundment. In calculating the length of this time
period, the first working day after impoundment is considered day one.
Page 25 of 46
(c) Notification of owner. If, by a registration tag or other means, the owner of an impounded animal can
be identified, the animal care services division shall, as soon as practicable after impoundment,
notify the owner in person or by telephone, if reasonably possible, and. if not, then by mail, advising
that, if the impounded animal is not redeemed within five (5) working days, disposition will be made
in accordance with this chapter.
(d) Redemption. Impounded animals, excluding those impounded as a public nuisance, a prohibited
animals, or an animal held for observation of rabies under section 6-127 or other administrative
procedures, are subject to immediate redemption, at the discretion of the Animal Care Services
Manager. Impounded animals may be redeemed by anyone entitled to possession of the animals. at
the discretion of the Animal Care Services Manager while the animals are in the city animal shelter
after paying the appropriate fees as follows:
(1) Impoundment fees. Impoundment fees are established in the fee schedule pursuant to section
6-15 of this chapter.
inyoise-
b. A waiver or partial waiver of an impoundment fee may be granted by the animal care
services manager in cases involving exigent circumstances as determined by the animal
care services manager.
(2) Boarding charge. A boarding charge established in the fee schedule pursuant to section 6-15
of this chapter is not to exceed the reasonable cost of boarding, feeding and caring for the
animal for the period of impoundment. Boarding charges apply to redemption of impounded
animals and are not applicable to adoption of animals.
Rabies vaccination charge. All charges for rabies vaccination if required.
(3)
(4) Qty -Registration charge. City registration charge, if applicable.
currently has an active microchip.
(e) Redemption—Special circumstances.
(1) In case any animal that is impounded is sought to be redeemed and is suffering from any
disease or ailment, it may not be released until the animal care services manager is satisfied that
arrangements looking to its proper treatment are assured.
(f)
(2) Animals impounded for rabies observation are subject to redemption if the animal has satisfied
the required length of observation and is determined to be free from rabies as verified by the animal
care services manager or designee.
Mandatory spay/neuter of dogs following impoundment.
(1) The owner or keeper shall keep the animal restrained at all times (except cats as described by
sec 6-102) and ensure that the animal is not at large. Dogs found to be at large shall be
subject to mandatory sterilization at the owner's expense within thirty (30) days of notification
of the violation.
Page 26 of 46
impoundment, and whose dog has not been spayed or neutered. shall have the dog spayed or
neutered within thirty (30) days following the dog's second release from impoundment.
(23) Exemption made by animal care services manager. The animal care services manager is
authorized to exempt a --€10g- an owner from the requirements of subsection (1) of this section if
the owner proves to the satisfaction of the animal care services manager that the animal
(1) was a member of a national breed club. local breed club, local all -breed club sporting
or hunting club, or was regularly shown during the six-month period immediately
preceding impoundment.
(2) was at large due to a natural disaster.
(3) was at large due to the criminal or negligent acts of a third party, or
(4) displays no characteristics indicating aggressiveness and has a potential market
value as a breeding animal.
The denial of a requested exemption pursuant to this subsection (2) by the Animal Care
Services Manager may be appealed by the owner of the animal by giving signed, written notice
of such appeal and the grounds therefor to the Neighborhood Services Director within 10
calendar days after issuance of the denial. The determination by the Neighborhood Services
Director of said appeal shall be final.
met one (1) of the conditions specified in subsection (6) of this section.
(34) Certification of spay/neuter procedure. The owner is required by this section to spay or neuter
their animal shall submit certification signed by a licensed veterinarian that the procedure was
performed no later than the fortieth day following the notification of violation to animal care
services. The owner of a dog required by subsections (1) or (2) of this section to be spayed or
a
must contain
o- The certification must be delivered by the owner to the animal care services division no later
(45) Offenses. A person commits an offense if the person is required by this section to spay or
neuter their animal and fails to provide certification to animal care services of the procedure.
a. A person commits an offense if the person is the owner of a dog required by subsections,
(1) or (2) of this section to be spayed or neutered and the person fails to have the animal
spayed or neutered.
b. A person commits an offense if the person is the owner of a dog required by subsections
(1) or (2) of this section to be spayed or neutered and the person fails to provide
certification of the spay or neuter procedure as required by subsection (4) of this section.
(56) Affirmative defense. In a prosecution for a violation of subsection (45), it is an affirmative
defense that at the time of the animal's impoundment:
a. At the timc of the dog's second impoundment:
2. The owner of the dog was a member of a national breed club, local breed club, local
all -breed club, sporting or hunting club, or was regularly shown during the six-month
period immediately preceding the second impoundment.
b. At the time
major.
Page 27 of 46
The animaldog was at Targe due to a vis
(g)
c. The dog -animal was at large at the time of its second impoundment due to a fire or due to
the criminal or negligent acts of a third party who was not residing at the dog owners
residence. At trial, evidence of a fire or the criminal or negligent acts of a third party may
be presented in one (1) or more of the following manners:
1. A certified copy of a police or fire report verifying the incident;
2. The affidavit of police or fire personnel with direct knowledge of the incident; or
3. The testimony of police or fire personnel with direct knowledge of the incident.
(67) Nothing in this subsection may be construed so as to permit a spayed or neutered dog to run
at large.
Disposition of animals.
(1) Immediately upon impoundment, the city is the designated caretaker of impounded animals.
Except as provided in subsections (c) and (j) of this section, and certain livestock as provided
for in this paragraph, impounded animals not redeemed by their owner within three (3) working
days following impoundment become the property of the city and may be placed for adoption in
a suitable home or with any nonprofit association organized for the protection and welfare of
animals, sold under section 17-6 of the Code of Ordinances, or humanely euthanized. Prior to
the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day
period at the county courthouse, City Hall, and the city animal shelter upon the expiration of
three (3) working days from the date of impoundment of the livestock. Upon the expiration of
the ten-day notice period, the city may dispose of the livestock in the same manner as other
unclaimed animals.
(2) The expiration of the three (3) working days period upon impoundment and the notice of and
expiration of the ten-day period with respect to livestock does not apply to the disposition of
any animal placed in impoundment by the written consent of the animal's owner and the
acceptance of the animal by the animal care services manager. Any animal received by the
consent of its owner may be disposed of immediately upon its impoundment in the same
manner as unclaimed animals.
(3)
In the case of a dog impounded under authority of V.T.C.A., Health and Safety Code ch. 822,
as it may be amended, or other state law, the dog may be redeemed upon the court's finding
and rendering a judgment that the dog did not engage in dangerous conduct and upon the
conclusion of any proceeding provided for in this chapter; or upon the court's finding that the
dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully
complied with all insurance and restraint requirements provided by state law, and meets all
requirements of this chapter that pertain to the keeping of a dangerous dog.
(4) Due to their immature immune system, any impounded animal under four (4) months of age
shall immediately become the property of the city, for humane disposition, and may be offered
for adoption, rescue, foster care or humanely euthanized at the discretion of the animal care
service manager, veterinarian, or their designee.
(h) Adoption of unclaimed animal. A person may adopt an unclaimed animal after the expiration of the
redemption period and after paying any applicable rabies vaccination fees, registration fees,
spay/neuter fees, and adoption fees established in the fee schedule pursuant to section 6-15 of this
chapter. A person adopting an unclaimed animal must sign an agreement to have the animal
sterilized within thirty (30) days of adoption, in compliance with V.T.C.A., Health and Safety Code
ch. 828, if the animal is unsterilized at the time of adoption. All adoptions and approval of
applications for adoption are at the discretion of the animal care services manager.
Compliance required for release. No impounded dog or cat may be released until the person to
whom the dog or cat is to be released agrees and meets all regulations promulgated by the animal
care services manager.
Euthanasia. The animal care services manager, a licensed veterinarian, or the animal care services
manager's designee may direct the immediate euthanization of any animal determined to be
Page 28 of 46
seriously injured or diseased under the rules, guidelines, or procedures established by the animal
care services manager. Impounded animals not redeemed or adopted as provided for in this section
must be humanely euthanized at the city animal shelter under the direction
cervices officera person trained and certified in human euthanasia as outlined in the Texas Health
and Safety Code. The carcasses must be disposed of as directed by the animal care services
manager.
(k) Records. The animal care services manager shall cause to be maintained a record describing each
identifiable animal impounded within the preceding two (2) years. In the case of registered dogs and
cats, the registration tag number and the name of the person to whom it was issued must be noted.
In the case of each identifiable animal, it must be noted how the impounded animal was disposed of,
giving the names and addresses of persons to whom the animal was delivered, and the fees and
charges received from the persons.
Citation. In addition to, or in lieu of, impounding an animal under this section, an
animal care services officer or any police officer may issue to the owner of the animal a citation for a
violation of this chapter.
(1)
Sec. 6-104. Traps with holding mechanisms prohibited; exceptions.
No person shall set up or allow to be set up on his property steel jaw traps, spring traps with teeth or
perforated edges on the holding mechanism, snares, or any type of trap with a holding mechanism
designed in such a fashion as to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing
of the entrapped prey, for the purpose of ensnaring domestic or wild animals within the city limits. This
section is not to be construed to include those traps designed to kill common rodents, i.e.. rats, mice,
gophers and groundhogs; except that the owner is responsible for taking care that any of the above said
"rodent' traps are not placed or used on or about his property in such a manner as to reasonably ensure
the trapping of any other domesticated or wild animal, or of a human.
1
Secs. 6-1057--6-125. Reserved.
Page 29 of 46
Sec. 6-126. .Rabies impoundment and quarantine.
(a) Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a
person, within the city shall report the incident to animal care services who is also the local rabies
control authority immediately.
(b) Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable
zoonotic disease shall report same to the animal care services manager within five (5) days.E-very
eee
(c) The owner of such diseased or biting or scratching animal who learns of such incident shall
immediately give his name and address together with the animal's registered microchip information
and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such
person who is under the age of eighteen (18) years. The owner or keeper shall notify the department
within twenty-four (24) hours of his name; the animal's registered microchip information; the name of
the injured person; and other information requested by the department related to the animal and
injured party.
The owner or keeper of the diseased or biting or scratching animal shall contact animal care
services within twenty-four (24) hours upon receipt or notification from animal care services, The
animal care services manager or any appointed animal care officer shall seize and impound any
animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal
has bitten or scratched a person. A search and seizure warrant shall be obtained from any municipal
court judge or other magistrate to enter onto private property to search for the biting or scratching
animal if permission to enter is not given.
(1) The owner or keeper of any animal within the city which has bitten or scratched a person so
as to have caused a break of the skin shall, on demand of the animal care services manager or
any animal care officer, immediately surrender such animal to the animal care services facility,
or other approved rabies quarantine facility for observation for a period lasting not more than
ten (10) days after the date of the incident, subject to the provisions of subsection (b).
(2) The owner of any animal that has bitten or scratched any person shall be allowed to
assume personal responsibility for confining the animal for the observation period of ten (10)
days, only under the following circumstances:
a. Secure facilities must be available at the home of the animal's owner. and must be
approved by the animal care services manager
b. The animal was currently vaccinated against rabies when the exposure incident
occurred;
c. The animal was not in violation of any laws or ordinances at the time of the bite; and
d. The animal care services manager, city veterinarian 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 animal care services manager
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 by the
veterinarian who will attest to the health of the animal.
Page 30 of 46
(3) If an animal is believed to have rabies or has been bitten by an animal suspected of having
rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate
period as required by state law.
(4) Violation of the observation confinement of the biting animal as provided in subsection (b) shall be
just cause for seizure and confinement of the animal in the animal care services facility of the city.
(5) All wild animals involved in exposure incidents including biting, scratching or any other
direct exposure by physical contact will be humanely euthanized in such a manner that the
brain is not mutilated. The brain shall be submitted to a Texas Department of State Health
Services certified laboratory for rabies diagnosis.
(d) Investigation of cases. The animal care services manager or designee shall investigate and record
all cases of rabies and suspected rabies.
(e) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that
dies or is destroyed while in quarantine may not be disposed of except as directed by the animal
care services manager.
(f) Payment of costs. The owner of an animal quarantined under this section shall pay to the animal
care services division the reasonable costs of the quarantine and disposition of the animal, including
charges for preparation, processing, and shipment of the animal's head or brain, if required, to the
nearest Texas Department of State Health Services Laboratory for Testing. The fee for preparation,
processing, and shipment, by the animal care services division, of the animal's head or brain is
established in the fee schedule pursuant to section 6-15 of this chapter.
Page 31 of 46
with a written report.
(e) Veterinarians' reports. Every veterinarian or other person who is called to examine or professionally
health officer and the animal care services manager the following:
{1) The location of the animal.
(2) The name and addre-s of the owner of the animal.
{3) The type and character of the disease.
(f) Veterinarians' records. Every veterinarian practicing within the city shall keep detailed records of
animal rabies vaccinations and, upon request of the animal -Gare services manager-rx+st
acknowledge to the animal care services manager whether an animal of a particular location. or
(g) Investigation of cases. The animal care cervices manager -or designee shall investigate and record
all cases of rabies and suspected rabies.
(h) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that
dies or is destroyed while in quarantine may not be disposed of except as directed by the animal
Payment of costs.
(1) The owner of an animal quarantined under this section shall pay to the animal care services
(1)
preparation, processing. and shipment, by the animal care services division. of the animal's
head or brain is established in the fee schedule pursuant to section 6 15 of this chapter.
(2) The owner of a non quarantined animal or a veterinarian, if required by law or upon the
owner's or a veterinarian's request. may seek the services of the animal care services division
of State Health Services Laboratory for Testing.
animal care services division as established in the fee schedule pursuant to section 6 15
of- is -Chapter -
b. If the head or brain is prepared by the animal care services division for processing and
division as established in the fee schedule pursuant to section 6 15 of this chapter.
council's approval by motion or resolution. Each approved schedule must be filed with the city secretary
and copies provided to the city council.
Secs. 6-1279--6-150. Reserved.
Page 32 of 46
ARTICLE VI. CARE AND KEEPING OF ANIMALS
Sec. 6-151. Humane animal care and keeping.
No person may violate the following provisions for humane animal care and keeping:
(1) No owner or keeper may fail to provide the owner's animal with sufficient and wholesome food,
water, and necessary shelter and protection from the weather, all within reach of the animal.
(2) No owner or keeper may fail to provide the owner's an animal in said person's possession with
humane care and treatment and with veterinary care when needed to prevent or alleviate
suffering.
(3) No person may beat, cruelly treat, torment, overload, seriously overwork, or otherwise abuse
an animal, or cause, instigate, or permit one animal to fight with another animal or person.
(4) No person may abandon or neglect an animal.
(5) No person, other than a licensed veterinarian, may crop a dog's ears, dock a dog's tail, or
remove a dog's dew claws.
(6) No person may sell an animal to, buy an animal from, or barter or exchange for an animal with,
any commercial animal establishment that does not have a valid commercial permit nor may a
person sell, buy, donate, or barter or exchange for, an animal upon commercial property
without possessing a valid commercial permit.
No person may sell, offer for sale, or donate any animal to another person, or barter or
exchange with any other person for an animal, upon any public property within the city. Public
property includes, but is not limited to, streets, alleys, sidewalks, parking lots, and rights-of-way
and easements.
(7)
(8) No person may sell or deliver live chickens, ducklings, goslings, or rabbits to any other person
within the period of thirty (30) days prior to Easter Sunday and on Easter Sunday. Hatcheries
and commercial animal establishments that buy and sell animals intended for agricultural use
or to be raised for commercial purposes are excluded from the prohibitions contained in this
subsection.
(9)
No person may give away or offer to give away any live animal, except for goldfish, as a prize
for or as an inducement to enter any contest, game, or other competition, or as an inducement
to enter a place of amusement, or offer any animal as an incentive to enter into any business
agreement whereby the offer was for the purpose of attracting trade.
(10) No person may sell, offer for sale, barter, or display any living chickens, rabbits, ducks, or any
other fowl or animal which has been dyed, colored, or otherwise treated so as to impart to it an
artificial color.
(11) No person may expose any poisonous substance, whether mixed with food or not, so that the
same is likely to be eaten by any animal; provided, that, it is not a violation of this chapter for a
person to expose on a person's own property common rat poison having a blood -thinning
agent or other agent approved by the department of public health, mixed only with vegetable
substances and intended for consumption by rats or mice only.
(12) No person may allow an enclosure used to confine animals to be maintained in an unsanitary
condition at times any time.
or street.
Page 33 of 46
owner of the object to which the animal is tethered. tied or fastened.
(131-5) No person may sell, offer for sale, barter, donate, or display turtles with a carapace length
of less than four (4) inches or viable turtle eggs. An educational or research institution is
exempt from the display prohibition contained in this subsection if the turtles or turtle eggs are
displayed for educational or research purposes.
Sec. 6-152. Performing animals.
(a) No performing animal exhibit, performing animal exhibition, rodeo, or circus is permitted in which
animals are induced or encouraged to perform through the use of chemical, mechanical, electrical,
or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
(b) All equipment used on a performing animal must fit properly and be in good working condition.
Sec. 6-153. Keeping of certain animals prohibited.
No person may keep, own, maintain, use, or have in the person's possession or on premises under
the person's control, within the city, any of the following:
(1) Any dangerous animal, except in accordance with this chapter and the regulations
promulgated by the animal care services manager.
(2) Any guard dog, except in accordance with the provisions of this chapter.
(3) Any livestock or fowl, other than banded homing pigeons as stated in subsection (5) of this
section, except when raised as part of an animal husbandry program for youths or kept in
accordance with section 6-154 of this chapter.
(4) Any prohibited animal, except when possessed under the provisions of section 6-57 of this
chapter.
Pigeons, other than banded homing pigeons when raised for other than commercial purposes,
confined to closed lofts, except for owner -supervised training or exercise flights, and kept in
compliance with section 6-154 and all other provisions of this chapter.
(5)
Sec. 6-154. Keeping of any livestock or fowl.
(a) The keeping on any premises in the city,
Lk
f any fowl
or livestock not prohibited by section 6-153, is prohibited unless:
(1) The pens, stalls, or other facilities for keeping the livestock or fowl.
pastures that are greater than one (1) acre. are located so that the livestock or fowl cannot
come within one hundred (100) feet of any existing dwelling or business building owned, used,
or maintained by any person other than the keeper.
(2) The pens, stalls, or other facilities for keeping the livestock or fowl,
pastures that are greater than one (1) acreare located so that the livestock or fowl cannot
come within five hundred (500) feet of any existing food service establishment or food
processing establishment, regardless of ownership or occupancy of the establishment.
The fenced open pasture. which is greater than one (1) acre, for keeping the livestock or fowl
has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any
property line that abuts an existing residence.
(b) The provisions contained in subsection (a) do not apply to fowl which are kept in completely
enclosed and solidly walled facilities, to urban domestic fowl (commonly known as chickens) kept in
(3)
Page 34 of 46
conformity with the provisions of subsection (c) of this section, or to species of birds other than
poultry.
(c) Urban domestic fowl. Domestic fowl may be kept in a residential zoning district so long as the
owner, tenant, or person in control of the premises ("keeper") where the fowl are kept complies with
the following conditions at all times:
(1) The number of fowl kept on the premises cannot exceed seven (7);
the keeper or persons in the keeper'sfieusehold;
(23) No profit or business may be derived from the keeping or use of the fowl or eggs by the
keeper
(34) The wings of the fowl must be kept clipped to prevent flight;
(45) The fowl must be provided with a hen house ("coop") located in the backyard area of the
premises, and the dimensions of the coop must not exceed five-foot width by five-foot height
by five-foot length;
(56) The coop must be completely surrounded by a six-foot high secure and substantial fenced
enclosure
is waived so long as the size of the enclosure that provides adequate space for the fowl to
roam and the fowl are kept in the enclosure at all times;
(67) The chicken pen -coop may not be located closer than twenty-five (25) feet to any existing
dwelling or business building owned, used, or maintained by any person other than the owner
and/or keeper;
(78) The owner or keeper must maintain the fowl, coop, chicken- e -and enclosed yard area, #
any. in a manner that prevents odor, health, and sanitation problems;
(89) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately
reported by the owner or keeper to the local health authority and to he -animal control
servicesdivisien; and
(91-9)Roosters may not be present or kept on the premises.
(d) The keeping of urban domestic fowl in conformity with this chapter may not be construed to
constitute a violation of any zoning law or provision.
(e) Buildings and structures used to keep animals within an IL Light Industrial or IH Heavy Industrial
District (formerly, 1-2 Light Industrial or 1-3 Heavy Industrial District of the zoning ordinances,
respectively) must meet the setback requirements in the Unified Development Code, as applicable
in the appropriate district and as each may be amended.
Sec. 6-155. Keeping of more than six pets.
(a) The keeping on any premises in the city, in any zoning district other than 1-2 Light Industrial or 1-3
Heavy Industrial District, of any pets in any number exceeding six (6) in aggregate, other than
rodents and fish, is prohibited unless:
(1) The pens, stalls or other enclosure facilities for keeping the pets, other than fenced open
pastures that are greater than one (1) acre, are located so that the pets cannot come within
one hundred (100) feet of any existing dwelling or business building owned, used, or
maintained by any person other than the keeper.
Page 35 of 46
(2) The pens, stalls or other facilities for keeping the pets, other than fenced open pastures that
are greater than one (1) acre, are located so that the pets cannot come within five hundred
(500) feet of any existing food service establishment or food processing establishment,
regardless of ownership or occupancy of the establishment.
The fenced open pasture, which is greater than one (1) acre, has a means of preventing the
pets from coming within twenty-five (25) feet of any property line that abuts an existing
residence.
(3)
(b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial
District must meet the set back requirements in sections 20-5.04 or 21-6.04 of the zoning
ordinances, as applicable in the appropriate district and as each section may be amended.
Sec. 6-156. Maximum combined -number of animals permitted.
The keeping on any premises in the city, in any zoning district of any pets exceeding six (6), not to
exceed a total of fourteen (14), is prohibited unless:
(1)The property that the pens, stalls, facilities or other enclosures are located on are greater or equal
to one (1) acre
(2)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to
come within five hundred (500) feet of any existing food service or food processing establishment,
regardless or occupancy or ownership of the establishment.
(3)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to
come within twenty-five (25) feet of any property line that abuts an existing residence.
forth in section 6 157).
District must meet the set back requirements in section 20 5.01 or 21 6.04 -of the zoning ordinances,
Sec. 6-157. Exceptions to distance and number requirement regulations.
(a) Laboratories, veterinarians, and others listed. Where livestock or fowl are kept in medical
laboratories or educational institutions for medical research, in veterinary hospitals for treatment, or
on the premises of any recognized humane society for humane care, the livestock or fowl must be
kept under conditions prescribed by the animal care services manager for the limited purposes
Page 36 of 46
stated in this subsection without the necessity of compliance with the distance and number
requirements prescribed in this chapter.
(b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need
not comply with the distance and number requirements prescribed in this chapter.
(c) Exempted premises in newly annexed area. Where any animal is being kept at a location outside
the city limits and, by annexation, the area becomes a part of and within the boundaries of the
incorporated area of the city, the distance and number requirements do not apply for a period of
threefivc (35) years from and after the date of annexation. Extensions of this exemption may be
obtained for successive fivethree-year periods by applying for and obtaining a certificate from the
animal care services manager certifying to the existence of sanitary conditions of the premises and
neighboring premises.
- -
(de) Events. Where any animal is kept as part of an auction, circus, performing animal exhibit, performing
animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with
article III of this chapter, or is kept as part of an animal special event authorized by the animal care
services division, the holder of the permit or the person so authorized is exempt from the distance
and maximum animal number requirements prescribed in this chapter.
Sec. 6-158. Animal waste.
(a) The owner of each animal is required to remove any feces deposited by the owner's animal on
public or private property.
(b) Feces deposited by an animal on public property or upon the private property of any person other
than the animal's owner must be collected and removed at once by the animal's owner. Animal
feces deposited upon any other property must be collected and removed daily.
(c) Collection and removal of animal feces must be in a container of a type that, when closed, is rat -
proof and airtight. The container must be kept closed after each collection and, at least once a week,
all collected feces must be disposed of in a manner that does not to permit fly breeding or other
unhealthy conditions.
Sec. 6-159. .Storage and condition of food; control of rats and
pests.
(a) All food provided for animals and kept outdoors must be stored and kept in a rat -proof and airtight
building, box, container, or receptacle.
(b) Stables must carry out an active, on-going rat and pest control program.
(c) All food provided for animals must be free of pests, debris. and mold, or any other foreign objects or
corruption that could cause harm or illness to the animal it is intended for.
Sec. 6-160. Tethering dogs and other animals.
(a) It shall be unlawful for any person to tie any animal, excluding livestock, to a stationary object. All
animals that are tethered must be on a running line, pulley system or trolley.
(b) No person may tether an animal in a manner that permits the animal to reach any alley. sidewalk,
public street, or property not belonging to the owner or keeper.
(c) No person may properly tether any animal to any lamppost, light pole utility pole, awning post, tree,
fence, hydrant, or shrubbery belonging to another person without the consent of the owner of the
object to which the animal is tethered,
Page 37 of 46
(d) No person may tether an animal in such a manner that allows the animal to become entangled.
fe) No person may tether an animal on a cable attached to a running line, pulling system or trolley, that
is less than ten feet in length.
(f) No person may tether an animal by means of a pinch -type, prong -type, choke type, or improperly
fitted collar.
a secure enclosure.
Sec. 6-161. Adequate sheltering of Canines
(a) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors without
direct physical supervision for any period of time without providing direct access to adequate shelter.
Direct physical supervision shall mean physically in the presence of the animal without barrier.
(b) Adequate shelter shall be defined as an enclosure that:
(1) is structurally sound;
(2) is impervious to moisture;
(3) is in good repair so as to protect the animal from injury;
(4) is ventilated so as to allow any trapped air, heat or gasses to escape;
(5) is maintained in a sanitary condition;
(6) enables the animal to remain dry and clean; and
(7) provides sufficient space allowing each animal within the enclosure to easily enter and exit, sit,
stand, lie down, and turnabout freely inside without touching the ceiling or walls.
(c) The enclosure shall be located in an area where it sits under direct shade for the most part of the
day. If no natural shade is available in form of trees and nearby structures, shade shall be
supplemented by introducing a tarp to the area extending over the shelter.
(d) The area around the enclosure shall be maintained in a clean and sanitary condition, free from any
trash or debris in which the animals may consume, become entangled upon, or otherwise cause
injury upon itself/themselves.
(e) On days when the ambient temperature falls at or below 50 degrees Fahrenheit, bedding shall be
placed inside of the enclosure.
(f) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors for any
period of time without direct supervision as defined above in subsection (a), in the case of extreme
weather conditions, including conditions in which:
(1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit.
(2) A heat advisory has been issued by a local or state authority or jurisdiction.
Page 38 of 46
at any time the dog is not in a secure enclosure.
Sec. 6-162. Failure to reclaim impounded animal.
No person may knowingly fail to reclaim an impounded animal from the city animal shelter. This section
shall apply to any person who:
(a) Fails to reclaim their animal after the bite quarantine observation period has been completed.
(b) After written notice of impoundment at the city animal shelter, fails to reclaim their animal
(c) Leaves an animal at the city animal shelter without making prior arrangements with a staff
member or delegate of the city animal shelter to have the animal owner surrendered, then fails
to return and reclaim the animal within twenty four (24) hours of the drop off.
Any person failing to reclaim their animal from the city animal shelter as listed above shall be subject to
penalties defined in section 6-2 and shall be required to reimburse CCACS for any fees accumulated
while providing care for animals left at the shelter, pursuant to sections 6-103(d) and 6-15.
Sec. 6-163. Viciioue dog.Feedinq of Animals
(a) A person commits an offense if the person intentionally feeds any animal or makes food available for
animal consumption in a manner that:
(1) Creates a danger to public health or safety, or
(2) Destroys public or private property, or
(3) Causes more than 10 adult animals to congregate.
(b) A person shall be deemed to have fed an animal if the person places food in any form as defined in
this section within reach of animals.
(c) A person who violates any provision of this ordinance commits an offense subjected to citations
following sec. Sec. 6-2. - Penalties.
(d) An exception to this section is any animal is being fed by an owner or keeper as defined in this
chapter's definitions.
(e) If the property is vacant or abandoned, notice shall be provided to the last known owner. Criminal
Trespass citations may be given with permission of the property owner.
ossacie+:
=T eee
Page 39 of 46
Sec 6-164. Impounding abandoned or unrestrained animals
(a) The department may order the seizure and impoundment of any abandoned animal as defined in
this chapter. Disposition of said seized and impounded abandoned animals shall be in accordance
with impounded animals of this chapter. Any trap, neuter and return (TNR) program that has been
identified and approved with the department shall not constitute a violation of this section.
(b) Animal care officers or other law enforcement officers shall have the power to impound unrestrained
animals for the purpose of abating the nuisance as follows:
(1) On public property, in all cases,
(2) On private property, if the consent of the resident or property owner is obtained;
(3) On private property, in all cases except fenced rear yards of residences. if the officer reasonably
believes that the animal will run at large if not impounded.
Secs. 6-1654-6 200. Reserved.
ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES
Sec. 6-201. Designated.
(a) Subject to the further order, regulations and control by the city council, there is hereby designated as
a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the
county and more particularly described in two (2) deeds: One (1) deed dated December 30, 1954, of
record in Volume 669, pages 189 through 191 of the Deed Records of Nueces County, and one (1)
deed dated January 7, 1955, of record in Volume 672, pages 346 through 350 of the Deed Records
of Nueces County, Texas. This designation shall not prohibit, nor prevent the continued use of such
land as a part of the facilities of the water division of the department of public utilities, and any
operations by city employees in draining or otherwise using such tract of land by such water division
shall be exempt from the provisions of section 6-202.
(b) Subject to the further order, regulation and control by the city council and the Lower Nueces River
Water Supply District, there is hereby designated as a wildlife and bird sanctuary all area situated in
Jim Wells and San Patricio Counties lying east of the Wesley Seale Dam and more particularly
described as follows: All of that area bounded on the south by the city operations road on the Wade
property; bounded on the west by the Wesley Seale Dam; bounded on the north by a line parallel to
State Park Road 25 and immediately south of the trunk lines gauging station and extending from the
south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and
thence along Park Road 25 to its intersection with the Southern Pacific Railroad right-of-way; and
bounded on the east by the Southern Pacific Railroad west right-of-way line to said city operations
road. This designation shall not prohibit, nor prevent the continued use of said land as a part of the
facilities of the water division of the department of public utilities and the operations of the city and
the water district in connection with the using of said tract, and the said water reservoir shall be
exempt from the provisions of section 6-202. This designation is subject to the heretofore existing
rights of the Campfire Girls' lease on a portion of the water reservoir site.
Page 40 of 46
Sec. 6-202. Regulations.
The following regulations shall be applicable to the areas designated in section 6-201 and in all
other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city
limits or owned by the city, whether within the city limits or outside the city limits:
(1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird
or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by
the city council at any time.
(2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird
sanctuary within the city.
It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device
whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or
bird sanctuary within the city.
(4) No clearing of grass, brush or trees will be permitted without permission from the city and the
water district acting through the reservoir superintendent.
(3)
Secs. 6-203-6-225. Reserved.
ARTICLE Vlll. BEEKEEPING
Sec. 6-226. Findings.
The city council finds that honeybees are of benefit to mankind by providing agriculture, fruit and
garden pollination services and by furnishing honey, wax, and other useful products; domestic strains of
honeybees have been selectively bred for desirable traits, including gentleness, honey production and
tendency not to swarm; and gentle strains of honeybees can usually be maintained within populated
areas in reasonable densities without causing a nuisance if the bees are properly located and carefully
managed.
Sec. 6-227. Definition.
As used in this article, the following words and terms shall have the meanings ascribed in this
section unless the context of their usage clearly indicates another meaning:
Apiary means a place where one (1) or more bee colonies are kept.
Bee means any stage of the common domestic honeybee, apis mellifera species.
Colony means a hive and its equipment and appurtenances including bees, comb, honey, pollen
and brood.
Hive means a structure intended for the housing of a bee colony.
Tract means a contiguous parcel of land under common ownership.
Undeveloped property means any idle land that is not improved or actually in the process of being
improved with residential, commercial, industrial, church, park, school, or governmental facilities or other
structures or improvements intended for human use occupancy and the grounds maintained in
association therewith. The term shall be deemed to include property developed exclusively as a street or
highway or property used for commercial agricultural purposes.
Page 41 of 46
Sec. 6-228. Certain conduct declared unlawful.
(a) The purpose of this article is to establish certain requirements of sound beekeeping practices, which
are intended to avoid problems that may otherwise be associated with the keeping of bees in
populated areas, especially protection of persons from personal injury.
(b) Notwithstanding compliance with the various requirements of this article it shall be unlawful for any
beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any
unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others,
or interfere with the normal use and enjoyment of any public property or property of others.
Sec. 6-229. Hives.
All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in
sound and usable condition.
Sec. 6-230. Fencing of flyways.
In each instance in which any colony is situated within twenty-five (25) feet of a public or private
property line of the tract upon which the apiary is situated, as measured from the nearest point on the
hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in
height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the
property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to
fly at an elevation of at least six (6) feet above ground level over the property lines in vicinity of the apiary.
It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of
the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of
the apiary tract.
Sec. 6-231. Water.
Each beekeeper shall ensure that a convenient source of water is available at all times to the bees
so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths, or other
water sources where they may cause human, bird or domestic pet contact.
Sec. 6-232. General maintenance.
Each beekeeper shall ensure that no bee comb or other materials that might attract bees to the
location are left upon the grounds of the apiary site. Upon their removal from the hive all such materials
shall promptly be disposed of in a sealed container or placed within a building or other bee -proof
enclosure.
Sec. 6-233. Queens.
All hives shall be requeened annually when a quarantine or regulated area declared by the Texas
Apiary Inspection Service is in effect. In addition, in any instance in which a colony exhibits unusually
aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an
unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the
colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.
Queens must be obtained from a nonquarantined area.
Sec. 6-234. Colony densities.
(a) It shall be unlawful to keep more than the following number of colonies on any tract within the city,
based upon the size of configuration of the tract on which the apiary is situated:
(1) One-quarter acre or less tract size—Two (2) colonies.
Page 42 of 46
(2) More than one-quarter acre but less than one-half acre tract size—Four (4) colonies.
(3) More than one-half acre but Tess than one (1) acre tract size—Six (6) colonies.
(4) One (1) acre or larger tract size—Eight (8) colonies.
(5) Regardless of tract size, where all hives are situated at least two hundred (200) feet in any
direction from all property lines of the tract on which the apiary is situated, there shall be no
limit to the number of colonies.
(6) Regardless of tract size, so long as all property, other than the tract upon which the hives are
situated, that is within a radius of at least two hundred (200) feet from any hive remains
undeveloped property there shall be no limit to the number of colonies.
(b) For each two (2) colonies authorized under colony densities (subsection (a)) there may be
maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1)
standard nine and five-eighths (9-5/8) inch depth ten -frame hive body with no supers attached as
required from time to time for management of swarms. Each such nucleus colony shall be disposed
of or combined with an authorized colony within thirty (30) days.
Sec. 6-235. Marking hives, presumption of beekeeping.
(a) In apiaries the name and telephone number of the beekeeper shall be branded, painted, or
otherwise clearly marked upon the structure of at least two (2) hives and placed at opposite ends of
the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth
the name and telephone number of the beekeeper. It is a defense to prosecution under this
subsection that a colony is kept upon the same tract upon which the owner resides.
(b) Unless marked in accordance with subsection (a) it shall be presumed for purposes of this article
that the beekeeper is the person or persons who own or otherwise have the present right of
possession and control of the tract upon which a hive or hives are situated. The presumption may be
rebutted by a written agreement authorizing another person to maintain the colony or colonies upon
the tract setting forth the name, address, and telephone number of the other person who is acting as
the beekeeper.
Sec. 6-236. Inspection.
(a) The animal care services manager or designee shall have the right to inspect any apiary between
the hours of 8:00 a.m. and 5:00 p.m. Presence of an apiary constitutes consent to the Animal Care
Services Managerdireeter or his/her designee to enter the premises. Where practicable, prior notice
shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives.
(b) The authority provided for in this article is only for the general protection of the public health and
safety. Neither the city, nor any officer or employee charged with the enforcement of this article shall
owe any duty to any person in carrying out any provision of this article, nor shall any of them be
liable to any person for any act or omission in carrying out any provision of this article. Nothing
herein shall waive any immunity from liability of the city or any of its officers or employees, or imply
any duty or liability in any area of city operations.
(Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 27, 1-20-2015)
Sec. 6-237. Compliance.
(a) Upon receipt of information that any colony situated within the city is not being kept in compliance
with this article, the animal care services manager shall cause an investigation to be conducted. If
he/she finds that grounds exist to believe that one (1) or more violations have occurred he/she shall
cause a written notice of hearing to be issued to the beekeeper.
(b) The notice of hearing shall set forth:
Page 43 of 46
(1) The date, time and place at which the hearing will be conducted;
(2) The violation(s) alleged;
(3) That the beekeeper may appear in person or through counsel, and present evidence; and
(4) That the bees may be ordered destroyed or removed from the city if after the hearing the
animal care services manager finds that they have been kept in violation of this article.
Notices shall be given by certified U.S. mail or personal delivery. However, if the animal care
services manager is unable to locate the beekeeper, then the notice may be given by publication
one (1') time in a newspaper of general circulation at least five (5) days prior to the date of the
hearing.
(c) The hearing shall be conducted by the animal care services manager or a hearing officer that he/she
may designate. The burden shall be on the city to demonstrate by a preponderance of credible
evidence that the colony or colonies have in fact been kept in violation of this article. If the hearing
officer finds that the colony or colonies have been kept in violation of this article then he/she may
order that the bees be destroyed or removed from the city, within a period not to exceed twenty (20)
days, and that bees shall not thereafter be kept upon the tract for a period of two (2) years. In
instances where the hearing officer finds that the violations were not intentional and that the
beekeeper has employed corrective actions that will probably be effective to cure the violations
alleged, then he/she may issue a warning in lieu of ordering the bees destroyed or removed. Upon
failure of the beekeeper to comply with the order the animal care services manager may cause the
bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony
is destroyed all usable components of the hive structure that are not damaged or rendered
unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the
beekeeper, provided that the beekeeper agrees to bear all transportation expenses for their return.
(d) The decision of the hearing officer may be appealed by filing a notice of appeal with the city
manager within ten (10) days following the date that the hearing officer announces his/her decision,
or if the decision is not announced at the conclusion of the hearing, then within fifteen (15) days
following the date that the hearing officer places written notice of his decision in the mail to the
beekeeper. An appeal shall not stay the hearing officer's decision. The decision of the city manager
shall be final.
(e) The provisions of this section shall not be construed to require the conduct of a hearing for the
destruction of:
(1) Any bee colony not residing in a hive structure intended for beekeeping;
(2) Any swarm of bees;
(3) Any colony residing in a standard or manmade hive, which by virtue of its condition, has
obviously been abandoned by the beekeeper; or
(4) Where immediately necessary to protect the public health or safety.
Page 44 of 46
Sec. 6-238. Conflicts with zoning ordinance.
If there should be any conflict between this article and the city zoning ordinance, the zoning
ordinance shall control.
SECTION 2. The animal care services department is a division of Neighborhood Services
within the City of Corpus Christi and is in the charge of a person having suitable
qualifications and designated by the city as the animal care services manager. In addition
to the duties specifically prescribed in Chapter 6, it is the responsibility of the animal care
services manager to execute the duties and provisions of this chapter as well as Texas
state law pertaining to animals. The animal care services manager shall supervise the
operation of the city animal shelter. All monies collected by the animal care services
division under the terms of this chapter must be paid to the collections section of the city
in accordance with the policies of the city's finance department.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 5. Fines are as provided in Section 6-2 of the City Code.
SECTION 6. This ordinance shall go into effect immediately upon publication.
SECTION 7. Upon written request of the Mayor or five City Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this 25th day of May, 2021.
Page 45 of 46
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the City Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced, or at the
present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
The above ordinance was passed by the following vote:
Paulette M. Guajardo !
Roland Barrera , 1u,.
Gil Hernandez /4,
A
Michael Hunter
Billy Lerma
John Martinez
Ben Molina A
P*/\_,
Mike Pusley
Greg Smith
PASSED AND APPROVED this 'a5 c ay of \L , 2021.
ATTEST:
Rebecca Huerta
Ci
EFFECTIVE DATE
5-31-a1
TY OF CORPUS CHRISTI
Paulette M. Guajardo
Mayor
Page 46 of 46
032110
eTk,
Caller Times !7'! ' '17:'I. r'.'A F.T M EIV
PART OF THE USA TODAY NETWORK
2021 JUN -7 PM 3: 55
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032440, ordinance
amending Chapter 6 of the
PO BOX 9277 Code of Ordinances regard-
ing animal care and control
by adding and clarifying
CORPUS CHRISTI, TX 78401 definitions, creating and re-
vising sections regarding
microchipping registration,
failure to reclaim, im-
poundment of abandoned or
STATE OF WISCONSIN) unrestrained animals, dan-
)) gerous and aggressive
dogs, adequate sheltering
COUNTY OF BROWN) of canines, and the feeding
of animals; providing for
severance, publication, and
I, being first duly sworn, upon oath depose and say that I an effective date of May 31,
2021. This ordinance was
am a legal clerk and employee of the publisher, namely,the
Passed and approved on
Corpus Christi Caller-Times, a daily newspaper published one-reading by the Corpus
at Corpus Christi in said City and State,generally circulated Christi City Council on May
25,2021.
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, /s/Rebecca Huerta
Kleberg, Live Oak, Nueces, Refugio,and San Patricio, City Secretary
Counties, and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
05/31/2021
On this May 31, 20 1, I certify that the attached document is
a true and exact .• made by the publisher:
Leg:I No,tice Clerk
dli. A L
Notary Publicrre of Wisco -in, County 'Brown
qi e 24
Notary Expires
VICKY FELTY
Notary Public
State of Wisconsin
Publication Cost: $131.10
Ad No:0004757202
Customer No: 1490432
PO#: 032440
#of Affidavits 1
This is not an invoice