1/20/06
AN ORDINANCE AMENDING THE ANIMAL
CONTROL ORDINANCES OF THE CITY OF
FREDERICKSBURG, TEXAS ENACTING NEW PROVISIONS
WITH REGARD TO PERMITS AND TAGS, VACCINATION OF
ANIMALS CAPABLE OF TRANSMITTING RABIES, RABIES
CONTROL, BITES BY ANIMALS, DANGEROUS ANIMALS,
WILD ANIMALS, RESTRAINT OF ANIMALS, IMPOUNDMENT
OF ANIMALS, PROHIBITED ANIMALS WITHIN THE CITY
LIMITS OF THE CITY OF FREDERICKSBURG, PROTECTION
OF ANIMALS, FEES, PENALTIES, ENFORCEMENT, AND
REPEALING INCONSISTENT PROVISIONS AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City Council of the
City of Fredericksburg, Texas has determined
that in order to respond to the changes in
animal control and protection which are required
since the passage of its existing ordinance and
to better protect the health, safety and welfare
of the citizens of the City of Fredericksburg,
that the existing animal control ordinances of
the City should be amended as hereinafter set
out; and
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG,
TEXAS THAT CHAPTER 4, ANIMAL CONTROL, OF THE
CODE OF ORDINANCES OF THE CITY OF FREDERICKSBURG
BE AND IS HEREBY AMENDED AND ADOPTED AS
FOLLOWS, AND THE FOLLOWING ORDINANCE IS ENACTED:
Chapter 4 Animal Control
Article I Provisions
Sections:
4-1 Definitions
4-2 Penalties
4-3 Enforcement
4-4 Payment of Fees
4-5 Dog and Cat Permits and Tags
4-6 Exemptions from Permit and
Tag requirements
4-7 Permit Revocation
4-8 Vaccination of animals
Capable of Transmitting Rabies
4-9 Rabies Control
4-10 Bites by Animals
4-11 Dangerous animals
4-12 Restraint of Animals
4-13 Impoundment of Animals
4-14 Animal Control Records
4-15 Wild/Prohibited Animals
4-16 Livestock
4-17 Protection of Animals
4-18 Public Nuisances
4-19 Traps
4-20 Humane Care
Section 4-1. Definitions
The following words, terms and
phrases, when used in this chapter, shall have
the meanings ascribed to them in this section,
exception where the context indicates a
different meaning.
Abandoned animal
shall mean any animal that has
not been provided with one (1) or more of the
necessities of life including air, food, water
or protection from the sun and other elements of
nature or has been left in the custody of
another person without their consent.
Adult animal
means an animal that is six (6)
months of age or older.
Animal
means any live, vertebrate
creature, domestic or wild.
Animal Control Authority/Officer:
The office and person or persons
designated by the City as the Animal Control
Authority, whether one or more, or his or her
designee.
Animal Control Facility:
means a facility operated by the
city for purpose of impounding or caring for
animals held under the authority of this chapter
or state law.
At large
means:
(1) Off Premises. Any
animal which is not restrained by means of a
leash of sufficient strength and not more than
six (6) feet in length to control the actions of
such animal while off the owner’s property.
(2) On premises. Any
animal not confined on premises of owner by
substantial fence of sufficient strength and
height to prevent the animal from escaping
therefrom.
Cat
means a domesticated animal that
is a member of the feline family (Felis
domesticus).
City:
The City of Fredericksburg, Texas
Commercial animal establishment
means any pet shop, auction,
riding school or stable, zoological park,
circus, recurring animal exhibition or kennel.
Commercial breeder
means any person(s) who:
(1) Breeds dogs or cats: and
(2) Sells or otherwise transfers
possession of the offspring of a breeding dog or
cat to another person for the purpose of
breeding, show, personal pet or resale to a
third person: and
(3) Sells or otherwise transfers
possessions of more than twelve (12) dogs or
twelve (12) cats, or more than (2) litters
(whichever is greater) or any combination within
any twelve-month period for a purpose as
described in paragraph (1) of this subsection.
Currently vaccinated
means vaccinated against rabies
and satisfying the following criteria:
(1) The animal must have been at
least three (3) months of age at the time of
vaccination; and
(2) At least thirty (30) days
have elapsed since the animal was vaccinated;
and
(3) Not more than (12) months
have elapsed since the date of the most recent
vaccination of the animal.
Dangerous animal
means any animal that inflicts
bodily injury on any person or animal subject to
the further provisions hereof.
Dog
means a domesticated animal that
is a member of the canine family (Canis
familiaris).
Enforcement Officer means any
person designated by the city to represent and
act for the city in the impounding of animals,
controlling of animals running at large and as
otherwise required to enforce the provisions of
this chapter and to enforce all regulations
relating to animals as authorized by the state.
This person will be a member of the Animal
Control Authority or any member of the police
department of the City of Fredericksburg.
Kennel
means:
(1) Any lot, building, structure,
enclosure or premises where five (5) or more
adult animals are kept; and
(2) Any premises wherein any
person engages in the business of boarding,
breeding, buying, letting for hire, training for
a fee, or selling dogs, cats, or other animals.
Livestock
means all domesticated animals,
including but not limited to horses, cows,
mules, goats, sheep, pigs, hogs, rabbits, and
pigeons, and does not include dogs and cats.
Micro-chip
means a computer chip that is
preprogrammed with a unique alphanumeric
combination code which is inserted into the
animal.
Notice/official notice
whenever notice is required by
the Animal Control Authority or an Enforcement
Officer it shall mean notice by personal
service, certified mail return receipt
requested, or a written notice left at the
entrance to the premises where the animal is
harbored.
Owner
means any person, trust,
partnership, corporation, or any other entity
owning, keeping, or harboring one (1) or more
animals. An animal shall be deemed to be
harbored if it is fed or sheltered for three (3)
consecutive days or more. Persons feeding feral
cat colonies shall not be construed as owning,
harboring, or keeping those cats.
Pet
means any animal kept for
pleasure rather than utility.
Restraint
means secured by a leash, lead,
cord, chain or rope six (6) feet or less in
length; or secured within a kennel or pen, or
secured within the fenced real property limits
of its owner, and may not come any closer than
six (6) feet to a public walkway or sidewalk
when the restraint lead is stretched to full
length.
Secure enclosure
means a fenced pen, kennel or
structure that is locked, and is capable of
preventing the entry of the general public,
including children; is capable of preventing the
escape or release of an animal; is clearly
marked as containing a quarantined/dangerous
animal; and is in conformance with any
additional requirements for enclosures, as
established and provided in writing to the owner
by the Animal Control Authority. Enclosures
described in 4-20 below are not secure
enclosures for animals determined to be
dangerous.
Tract
means a contiguous parcel of land
under common use or ownership.
Undeveloped property
means any 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
improvement 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.
Vaccination
means an injection of United
States Department of Agriculture approved rabies
vaccine administered every twelve (12) months or
as prescribed by the Texas Board of Health by a
licensed veterinarian.
Veterinary hospital/clinic
means any establishment
maintained and operated by a licensed
veterinarian for surgery, diagnosis and
treatment of diseases and injuries of animals.
Wild/prohibited animal
means any live animal, other than
a common domestic species, regardless of the
state or duration of captivity which can be
normally found in the wild state, or may pose a
potential physical or disease threat to the
public or that is protected by international,
federal, or state regulations, including those
listed in Section 822.101 of the Health and
Safety Code of the State of Texas and the
following if not so listed:
(1) Class Reptillia.
Family Heldermatidea (venomous lizards); Family
Viperidae (rattlesnakes, copperheads,
cottonmouths, other pit vipers and true vipers);
Family Elapidae (coral snakes, cobras, mambas,
and other elapids); the following listed species
of Family Colubridae Dispholidus typus (boomslang),
Hydrodynastes gigas (watercobra), Bioga
(mangrove snake), and Thelotornis (African twig
snake) only; Order Phidia, Family Boidae
(racers, boas, water snakes, and pythons); and
Order Crocadilla (crocodiles, alligators,
caimans, and gavials);
(2) Class Aves. Order
Falconiforms (such as hawks, eagles, and
vultures); Subdivision
Ratitae (such as ostriches, rheas, cassowaries,
and emus); and Order Strigiforms (such as owls);
(3) Class Mammalia. Order
Carnivora, Family Felidae (such as ocelots,
margays, tigers, jaguars, leopards, and
cougars), except commonly accepted domesticated
cats; Family Canidae (such
as wolves, wolf-dog, hybrids, dingos, coyotes,
and jackals), except domesticated dogs; Family
Mustelidae (such as weasels, skunks, martins,
mink, and badgers) except domestic ferrets (Mustela
putorius furo); Family Procyonidae (raccoon);
Family Ursidae (such as bears); Order
Marsupialia (such as kangaroos, wallabies and
common opossums); 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), unless the
Order Ungulata are located on premises which
meet the definition of the farm/ranch;
(4) Animals not listed.
Animal Control Officer may declare any species
of animal not listed in this subsection as
“prohibited” if the confinement of the animal
within the city can be shown to constitute a
threat to public health and safety; and does not
mean any bird kept in a cage of aviary that is
not regulated by international, federal, or
state law, or a gerbil, hamster, guinea pig, or
laboratory mouse or rat.
Zoological park
means any facility other than a
pet shop or kennel, displaying or exhibiting one
(1) or more species of nondomesticated animals,
operated by a person, partnership, corporation,
or governmental agency.
Sec. 4-2. Penalties.
(a) Any person violating any
provision of this chapter shall be deemed guilty
of a misdemeanor and upon conviction thereof,
shall be punished as provided in section 1-6 of
this Code. Any punishment provided for in the
statutes of the State of Texas (for example
cruelty to animals under Section 42.09 of the
Penal Code of the State of Texas) or civil
penalties permitted to be assessed, may be
applied whenever a violation hereof is also a
violation of State of Texas law.
(b) In addition to the penalties
provided above, procedures and penalties (both
civil and penal) set forth in the laws of the
State of Texas with regard to the treatment,
registration, keeping or use of animals which
are permitted to be adopted by municipalities
are specifically adopted hereby by the City of
Fredericksburg. Each day a violation continues
shall be deemed a separate offense.
(c) The city shall be entitled to
pursue all other criminal and civil remedies to
which it is entitled under the authority of
other ordinances or state law.
Sec. 4-3. Enforcement.
(a) The provisions of this
chapter shall be enforced by any Enforcement
Officer, and such persons shall have the
authority to issue citations to persons
violating the provisions of this chapter.
(b) It shall be unlawful for any
owner or person to interfere with an Enforcement
Officer in the performance of his or her duties
as prescribed by this chapter.
(c) Those enforcing the
provisions hereof shall have the right to pursue
and apprehend animals running at large onto
private property while enforcing the provisions
of this chapter, and shall not be guilty of
trespass while doing so.
Sec. 4-4. Payment of fees.
(a) The City Secretary or his/her
designee shall be responsible for collecting all
fees established and levied in accordance with
this chapter. The Chief of Police or his or her
designee shall have the authority to refund or
waive fees under this chapter. Any refund or
waiver of fees shall be documented by the Chief
of Police or his or her designee. All fees
applicable hereunder shall be established by
ordinance of the City Council of the City of
Fredericksburg, and are set forth in the
Appendix to the Code of Ordinances of the City
of Fredericksburg.
(b) Fees imposed by this chapter
shall not be required for dogs trained to assist
auditory or visually impaired persons or for
government police dogs.
Sec. 4-5.
Dog and Cat permits and tags .
(a) It shall be unlawful for any
person to own, keep or harbor any dog or cat,
within the city, unless a current registration
permit has been issued for such animal in
accordance with this section.
(b) The owner, keeper or harborer
of any dog or cat within the city shall make
application to the Animal Control Authority of
the city for a registration permit for such dog
or cat. Such application shall contain
information on the dog’s or cat’s description,
including whether the animal is neutered or
spayed, date of vaccination, and name, address
and telephone number of the owner, keeper or
harborer. The owner, keeper or harborer shall
also present to the Animal Control Authority of
the city a current certificate of vaccination
issued for such dog or cat in accordance with
section 4-8 .
(c) The application described in
this section shall be accompanied by the
appropriate fee, and an application shall not be
complete unless accompanied by said fee.
(d) Registration shall be
co-terminus with the current rabies vaccination
certificate.
(e) With proof of sterilization
and payment of a one-time fee, the registration
shall be valid for the life of the animal,
provided annual proof of rabies vaccination is
supplied.
(f) Upon the owner’s compliance
with the above provisions of this section, the
Animal Control Authority or his or her
representative shall register the dog or cat and
issue a metal registration tag, which shall be
attached to the dog’s or cat’s collar, and which
shall be worn by the dog or cat at all times.
(g) If a permit tag issued under
this section is lost or stolen, it may be
replaced by payment of the appropriate fee and
presentation of the registration permit. If the
tag and registration permit are both lost or
stolen, a new permit must be purchased at the
fee established for a new application.
(h) Any false statement in a
rabies certification or application for a permit
under this section, shall be a violation of this
chapter and shall render the permit issued for
such dog or cat null and void, and the subject
animal shall then be subject to being impounded
in accordance with the provisions of this
chapter.
(i) It shall be unlawful for any
person to permit any animal subject to the terms
hereof to be in a public place without its own
tag, issued pursuant to a then current permit,
secured to the animal or to transfer or use any
permit or tag for any animal other than the
animal for which it was issued.
Sec. 4-6.Exemptions from permit
and tag requirements.
The following are exempt from
permit and tag requirements:
(a) Veterinary hospitals/clinics
and government operated control facilities or
shelters, and
(b) An animal brought into the
city for not more than two hundred forty (240)
hours for breeding, trial or show provided the
person in possession of such animal prove
current vaccination for such animal, and
(c) A circus, carnival or zoo
that is licensed under the federal Animal
Welfare Act (7 U.S.C.
section 2131 et seq.) and that
furnishes proof to the Enforcement Officer that
an inspection by the federal agency
administering that Act has been performed within
the previous calendar year, and
(d) A zoo that is operated by a
political subdivision of the state or that is
accredited by the
American Association of
Zoological Parks and Aquariums, provided that
its accreditation is current, and
(e) Farm/ranch premises where
non-indigenous ruminates are bred and raised as
to such non-indigenous ruminates, and
(f) An organization sponsoring,
and all persons participating in exhibitions or
domestic livestock shows and rodeos or horse
racing as to the animals exhibited or raced.
Sec. 4-7. Permit revocation.
The enforcement officer may
revoke the permit of any animal regulated by
this chapter if the animal is found not to
comply with this chapter or is found in
circumstances which do not comply with any law
governing the protection and keeping of animals.
Sec. 4-8. Vaccination of animals
capable of transmitting rabies.
The owners of all animals capable
of transmitting rabies except goats, sheep,
horses and cows, shall have such animals
vaccinated before such animal reaches the age of
four (4) months and before every twelve (12)
months thereafter or as prescribed by the Texas
Board of Health against rabies with a vaccine
approved by the United States Department of
Agriculture and administered by a licensed
veterinarian, who shall issue to the owner of
the animal a vaccination certificate. The owner
shall retain such certificate until the
vaccination is renewed. At the time of
vaccination, a metal tag shall be issued by the
veterinarian showing the name of the veterinary
clinic, the tag number, and the year of
issuance. Such vaccination tag shall be worn by
the animal for which it was issued in the same
manner as and with the same requirements as the
tag issued for an animal’s annual permit as
described above.
Sec. 4-9. Rabies Control.
(a) It shall be the duty of the
owner or harborer of any animal or practicing
veterinarian to report to the Animal Control
Authority all suspected cases of rabies. The
report shall be made immediately upon diagnosis
or suspicion of rabies in animals.
(b) Should a potential outbreak
of rabies within the city be suspected and the
danger to the public safety from rabid animals
be urgently imminent, the Animal Control
Authority, the Health Officer of the City of
Fredericksburg, or City Manager of the City of
Fredericksburg may issue a quarantine order
covering a period of two hundred forty (240)
hours ordering persons owning, keeping, or
harboring dogs, cats or other animals to muzzle
the same or confine them for such time as may be
specified in such quarantine proclamation. Upon
the issuance of such order and posting notice of
the same in the same location as notices of City
of Fredericksburg City Council meetings is
posted, persons owning or harboring such animals
shall confine them to premises unless they are
effectively muzzled and under the control of an
adult person by leash, cord, chain, or rope.
Animals found at large in violation of this
subsection may be destroyed by an Enforcement
Officer if such officer is unable with
reasonable effort to apprehend such animals for
impoundment. The City Council of the City of
Fredericksburg may extend, revise or revoke such
order, as it determines.
Sec. 4-10. Bites by animals.
(a) The Enforcement Officer may
investigate reports in which animals have bitten
persons or animals. It shall be the
responsibility of such officer or other officer
if he or she is not the investigating officer,
to obtain details on the bite cases and to
conduct a follow-up investigation of the biting
animal, if he or she so determines, to determine
if it is suffering from rabies.
(b) The Enforcement Officer shall
determine whether or not the animal suspected of
biting is to be placed under quarantine and
watched to determine if the animal is capable of
transmitting or exposing humans or other animals
to rabies. The quarantine for all animals shall
be for a period not less than two hundred forty
(240) hours.
(c) The owner of the animal
required to be quarantined under subsection (b)
shall surrender the animal to the Enforcement
Officer immediately, or otherwise arrange for
the Officer to pick up and retain such animal,
in a separate kennel at the animal control
facility or in quarters supervised by a
veterinarian for the period of the quarantine.
After the animal has been released from
quarantine, the owner may redeem the animal from
the animal shelter or other quarters upon
payment of the applicable fees, and verification
by the Animal Control Authority that the
animal’s vaccination and permit are current.
(d) In lieu of animal quarantine
at the animal shelter or other quarters, the
Enforcement Officer may authorize the animal to
be kept on the owner’s premises (residence
quarantine) upon the following conditions to be
determined in the Enforcement Officer’s sole
discretion :
(1) The
animal was currently vaccinated at the time of
the bite; and
(2) The
animal was not at-large at the time of the bite;
and
(3) The
animal was currently registered with the city at
the time of the bite; and
(4) When
quarantined at home, the animal must be
restrained in an area where it will not come in
contact with any
persons or animals; and
(5) The
animal must be made available to the Animal
Control Authority for periodic inspections at
his or her
discretion; and
(6) The
owner agrees to observe the animal for any signs
of illness or personality changes and
report such changes
to the Animal Control Authority; and
(7) The
animal may not be moved from the quarantine
location without prior notification and
approval of the
Animal Control Authority; and
(8) The
animal will remain under quarantine until the
owner is notified that the final health
inspection has been made,
all outstanding fees are paid, and that the
animal has been cleared by
the Animal Control
Authority. The Animal Control Authority may
require a veterinarian’s
certificate stating that
in his or her opinion such animal is not rabid
and exhibits no symptoms of
rabies, prior to release
of the animal from quarantine. Contact may be
made by phone, personal
service, or certified
mail; and
(9) The
animal may not receive a vaccination for rabies
during the quarantine period.
(10)
Failure to comply with all of the above
conditions of residence quarantine, or as
directed by the
Enforcement Officer, are a violation of this
chapter and will result in the animal being
impounded at the animal control facility for the
duration of the quarantine period.
(e) After the animal has been
released from quarantine, the owner will have
five (5) days in which to have the animal
registered with the city by the purchase of a
city registration tag.
(f) It shall be unlawful for any
person to interfere with the enforcement of this
section or to fail or refuse to surrender to an
Enforcement Officer any animal involved or
suspected of being involved in a bite case, or
to otherwise fail to refuse to provide for the
quarantine of animals as may be authorized by
this chapter.
(g) If an owner fails or refuses
to surrender an animal to the Enforcement
Officer for quarantine under this chapter, such
Officer may apply to any judge of the municipal
court of the city for a warrant to seize the
animal. The Officer executing the warrant shall
cause the animal to be impounded at the city
animal shelter or other facility as the Officer
shall determine.
Sec. 4-11. Dangerous animals.
(a) The provisions of Sections
822.001 through 822.005 (Subchapter A,) Section
822.011(Subchapter B,) and Sections 822.041
through 822.047 (Subchapter D) of the Health
and Safety Code of the State of Texas are hereby
adopted and incorporated in this code as though
the same were fully set out herein. Any future
modifications of such laws of the State of Texas
shall automatically be incorporated herein.
References herein to any of said sections will
mean the relevant sections of the Health and
Safety Code of the State of Texas. A copy of the
current provisions are attached hereto as
Exhibit “A.”
(b) Whenever in the above
incorporated sections reference is made to the
animal control authority, it shall refer to the
Animal Control Authority of the City of
Fredericksburg or any Enforcement Officer as
defined in Section 4-1 above.
(c) The definition of “Dangerous
dog” contained in Section 822.041 is hereby
modified to include attacks on or injuries to
other animals as well as persons, and such
definition and the provisions of such sections
shall include and be applicable to all animals
in addition to dogs, but shall not be construed
to permit animals to be kept where otherwise
prohibited.
(d) The time period for
compliance with the requirements of Section
822.042 is hereby amended to seventy two (72)
hours, provided that the animal shall be
immediately restrained as required in said
section. An owner of a dangerous dog may, as an
alternative to the provisions of Section
822.042, remove the dangerous animal from the
City limits of the City of Fredericksburg or
surrender the animal for humane destruction or
have the same performed within twenty four (24)
hours after learning that the animal is
dangerous or upon quarantine clearance,
whichever is later.
(e) The liability insurance
required under Section 822.042 is to be in an
amount of at least $500,000.00, and shall be for
bodily injury or property damage.
(f) Any animal that has been
determined to be dangerous, and is not
destroyed, shall have inserted into the animal a
micro-chip by a licensed veterinarian within two
hundred forty (240) hours from the date the
animal is registered with the Animal Control
Authority as a dangerous animal. at such owner’s
expense. The chip shall contain an alphanumeric
combination code which code shall be provided to
the Animal Control Authority.
(g) Within two hundred forty
(240) hours from the determination that an
animal is dangerous, the owner of the animal
must furnish proof of micro-chipping to the
Animal Control Authority on a form furnished by
the city and make the animal available, at the
City’s animal control facility, for scanning so
the Animal Control Authority can verify the
code. Failure to micro-chip, show proof of
micro-chipping, or make the animal available for
scanning shall constitute separate offenses.
(h) All owners of dangerous
animals shall provide to the city two (2) color
photographs of the animal in two (2) different
poses showing the color and approximate size of
the animal.
(i) The owner of a dangerous
animal is required to have the animal wear, at
all times, the dangerous animal registration
tag provided by the Animal Control Authority.
(j) No dangerous animal may be
kept on a porch, patio, or in any part of a
house or structure, even if restrained, that
would allow the animal to exit such building of
its own volition. In addition, no dangerous
animal may be kept in a house or structure when
the windows are open or when screen windows or
screen doors are the only obstacle preventing
the animal from exiting the structure.
(k) No person shall permit a
dangerous animal to go outside its secure
enclosure unless such animal is securely leashed
with an eighteen (18") inch traffic lead. No
person shall permit a dangerous animal to be
kept on a chain, rope, or other type of leash
outside its secure enclosure unless a person is
in immediate physical control of the leash. Such
animal shall not be leashed to inanimate objects
such as trees, posts, or buildings.
(l) All owners of dangerous
animals within the city shall display in a
prominent place on their premises a sign easily
readable by the public using the words “Beware –
Dangerous Animal” The sign is to be no smaller
than twelve (12) inches by twelve (12) inches
and shall not exceed eighteen (18) inches by
twenty four (24) inches in size. In addition, a
similar sign shall be posted on the kennel or
pen of such animal.
(m) All owners of registered
dangerous animals shall, within ten (10)
calendar days of the occurrence report the
following in writing to the Animal Control
Authority:
1.
Removal from the city, or death of said animal;
2.
Written proof of new address if animal is sold
and/or moves within the City of Fredericksburg.
(n) The new owner of a dangerous
animal shall pay a registration fee established
by City Council, and the Animal Control
Authority shall issue a new dangerous animal
registration tag.
(o) An owner of a dangerous
animal shall notify the Animal Control Authority
of any attack the animal makes on any person or
any animal.
(p) A dangerous animal may be
destroyed during an attempt to seize or impound
the animal, if impoundment cannot be made with
safety, wherever the impoundment is attempted
without liability to an owner of a dangerous
dog.
(q) (1) Should any person, other
than an Enforcement Officer desire to file a
complaint concerning an animal which is believed
to be a dangerous animal, a sworn, written
complaint must first be filed with the
Enforcement Officer or police department of City
containing:
(A) Name, address and
telephone number of complainant and other
witnesses;
(B) Date, time, and
location of any incident involving the animal;
(C) Description of
the animal;
(D) Name, address,
and telephone number of the animal’s owner, if
known;
(E) A statement
describing the facts of death or serious bodily
or animal injury upon which
such complaint is based; and
(F) A statement
describing any incidents where the animal has
exhibited dangerous
propensities in past conduct, if known.
(2) After a sworn complaint is
filed, it shall be referred to the Enforcement
Officer and/or Municipal Court for processing
and hearing in accordance with the provisions of
the above referenced sections of the Health and
Safety Code of the State of Texas.
Sec. 4-12. Restraint.
It shall be unlawful for any
owner or person to allow an animal to be
at-large. All animals shall be kept under
restraint. It shall be a defense to the six-foot
length restriction under the definition of
at-large if the animal is participating in an
organized training or demonstration event, in
which case the animal must be restrained by a
leash or chain of sufficient strength and length
to control the animal’s actions, and it shall
also be a defense to the the six (6) feet
limitation of the length of the leash , when the
animal and the person accompanying it are not in
reasonable proximity to any other person or
animal, or when such other person or persons in
the vicinity consents to the use of a longer
leash, and it shall be a defense to the six (6)
feet limitation of the length of the leash if an
animal which is not confined or restrained is in
a public area designated and posted for the free
run or play of animals.
Sec. 4-13. Impoundment of
animals.
(a) The Animal Control Authority
or any Enforcement Officer may take up and
impound any animal found at large or otherwise
in violation of this chapter. If the owner,
keeper, or harborer of such animal is known or
can be readily ascertained the animal control
officer shall notify him by telephone, personal
service, certified mail, or door tag not later
than twenty-four (24) hours following the
beginning of the next business day after such
impoundment or after obtaining owner
information.
(b) If impoundment of a dangerous
animal is being attempted away from the premises
of the owner and the impoundment cannot be made
with safety, the animal may be destroyed without
notice to the owner or harborer. If a attempt is
made to seize or impound a dangerous animal from
the premises of the owner or harborer and the
impoundment cannot be made with safety, the
owner or harborer will be given twenty-four (24)
hours notice that if the said animal is not
surrendered to the animal control division for
impoundment within said twenty-four hour period,
then the animal will be destroyed wherever it is
found. Notice under this section shall be in
writing. A written notice left at the entrance
to the premises where the dangerous animal is
harbored will be considered valid notice under
this section. In lieu of surrendering the animal
to animal control an owner may permanently
remove said animal from the city, if written
proof of destination is provided to the Animal
Control Authority.
(c) The owner, keeper, or
harborer of any animal impounded under this
section may redeem same within ninety six (96)
hours following notification of the person
listed on the City’s permit application or
within ninety six (96) hours following
impoundment if there is no City tag on the
animal at the time of impoundment, by payment of
applicable impounding fees and boarding fees as
established by the city council, and by
providing proof, as may be required by the
Animal Control Authority of the ownership or
right to possession of the animal.
(d) Any person desiring to adopt
an impounded cat or dog or other animal
identified as adoptable by the Animal Control
Officer may do so upon payment of the applicable
fee as established by city council. The decision
as to whether or not an animal may be adopted by
any particular person or entity is exclusively
within the discretion of the Animal Control
Authority.
(e) Any owner or person redeeming
an animal from the Animal Control Authority must
have the animal vaccinated and registered with
the city within one hundred twenty (120) hours
of the release of the animal unless registration
and vaccination are then effective and valid.
(f) Any owner or person adopting
an animal from the Animal Control Authority must
have the animal vaccinated and registered with
the city within one hundred twenty (120) hours
of the release of the animal.
(g) The city shall comply with
all sterilization laws as set forth in Chapter
828, Health and Safety Code of the State of
Texas. Any impounded animal adopted from the
Animal Control Facility, if not sterilized and
vaccinated must be sterilized and vaccinated.
The adoption fee includes the cost of
sterilization. Adoptive Owners will pick up
adopted animals from a city designated
veterinarian’s office following vaccination and
sterilization.
(h) All impounded animals not
redeemed within the above described ninety six
(96) hours may be destroyed in a humane manner
by the Animal Control Authority. No animal may
be adopted or sold for purposes of research.
(i) Any owner or person redeeming
an unsterilized animal from the animal control
authority, for the fifth time within any twelve
consecutive month period or for the second time
within any twelve consecutive month period for
any animal which has been determined to be a
dangerous animal must have the animal
sterilized. The cost of the sterilization shall
be included in the fee required to redeem the
animal from the animal control facility, and the
Owner will pick up animals from a city
designated veterinarian’s office following
sterilization.
Sec. 4-14 Animal Control Records.
(a) It shall be the duty of the
Animal Control Officer to keep the records of
the animal control department, which records
shall consist of records concerning Impoundment
and disposition of animals coming into custody,
bite cases, adoption and vaccination and
sterilization records for all animals adopted or
released from the City’s animal shelter.
(b) It is expressly provided that
the personal information about any individual
that sterilizes or vaccinates an animal through
or by agreement with the City or adopts an
animal from the City shall remain confidential
and shall not be subject to public disclosure.
This personal information shall include the
identity of the person sterilizing, vaccinating
or adopting an animal, the name of the new owner
of an animal adopted, those persons’ addresses,
telephone numbers, drivers license numbers or
other personally identifying information.
Further, such other information may be declared
confidential by state of federal law including
the provisions of Chapter 826 of the Texas
Health and Safety Code, as may be amended from
time to time, shall not be subject to public
disclosure.
Sec. 4-15. Wild/Prohibited
Animals.
(a) No owner shall keep or permit
to be kept on his premises or premises under his
control any wild/prohibited or dangerous animal
for sale, display, or for exhibition purposes,
whether gratuitously or for a fee. This section
shall not be construed to apply to any persons
or entities as defined by Section 822.102 (a)
subsections (1) through (11) of the Health and
Safety Code of the State of Texas.
(b) No person shall keep or
permit to be kept any wild or prohibited animal
as a pet.
(c) The Animal Control Authority
may issue temporary approval for keeping, care,
and protection of an injured, newborn or
immature animal native to this area which it
deems to be incapable of caring for itself.
(d) The Animal Control Officer
shall have the power to release or order
released any animal being kept temporarily under
the provisions of the previous paragraph.
Sec. 4-16. Livestock
(a) No person shall keep
livestock within the corporate limits of the
city, except in conformance with and in
districts where permitted by the Zoning
Ordinance of the City of Fredericksburg, as
agriculture, open space or the like, or if the
animals are kept as part of a sanctioned FFA or
4H project, are City of Fredericksburg approved
horse and carriage operation or the like, or are
horses, cows or cattle kept on tracts of land
one (1) acre in size or larger. Notwithstanding
this prohibition, this section shall not apply
to rabbits, goats, chickens, roosters, guineas,
turkeys, ducks or sheep, provided that the
owners or harbors of the same comply with the
provisions of Sections 4-17, 4-18 and 4-20
below.
(b) It is an affirmative defense
to subsection (a) above that the animal is a
potbellied pig, which meets with the
requirements set forth in subsection (c) below.
(c) Requirements for keeping
potbellied pigs:
(1) It
shall be unlawful for any person to keep,
harbor, or raise more than two (2) adult
potbellied
pigs in any one (1)
location within the city. In order for a
potbellied pig to be considered an adult
potbellied pig, it must
be at least six (6) months of age. Non-adult
potbellied pigs from more than
one (1) litter shall be
kept an any one time.
(2) All
such potbellied pigs shall be kept indoors at
all times other than times for evacuation of
waste material or during
exercise periods.
(3) All
such potbellied pigs shall receive annual
vaccinations for erysipelas. It shall be the
responsibility of
the owner or harborer of the pig to obtain an
annual erysipelas vaccination
certificate from a
licensed veterinarian which shall include the
following information:
a. Name and address of owner;
b. Description of the animal;
c. Date of vaccination;
d. Tag number; and
e. Other appropriate information.
(4) It
shall be unlawful for any person to own, keep or
harbor any potbellied pig within the city,
unless a current
registration permit has been issued for such
animal in accordance with this
section.
(5) The
owner or harborer of any potbellied pig within
the city shall make application to the Animal
Control Authority of the
city for a registration permit for the animal.
Such application shall
contain information on
the potbellied pig’s description, and the name,
address and telephone
number of the owner,
keeper or harborer. The owner, keeper or
harborer shall also present to the
Animal Control Authority
a current certificate of vaccination issued for
such potbellied pig in
compliance with
subsection (3) hereof.
(6) the
application described in this section shall be
accompanied by a fee as shall be established
by the city council.
(7) Upon
owner’s or harborer’s compliance with the above
provisions of this section, the Animal
Control Authority shall
register the potbellied pig and issue a metal
registration tag.
(8)
Registration shall be valid for one (1) year
from the date of registration, and shall be
renewed
annually.
(9)
Should the potbellied pig die or be moved or
acquire a new owner or harborer, it shall be the
owner’s or the harborer’s
duty to inform the Animal Control Authority. In
the event the
potbellied pig is
acquired by a new owner or harborer, said new
owner or harborer shall be
required to register the
potbellied pig in accordance with the provisions
of this ordinance.
(10) All
male potbellied pigs over the age of four (4)
weeks that are kept within the city shall be
neutered, and proof of
the same shall be required prior to issuance of
the permit required
hereunder.
(11) For
purposes of this section, the term “potbellied
pig” shall mean a variety of swine no more
than eighteen (18) inches
in height at shoulder level when full grown and
meeting the standards
of the North American
Potbelly Pig Association. Under no circumstances
shall any swine be
considered a potbellied
pig if its weight exceeds ninety-five (95)
pounds.
Sec. 4-17. Protection of Animals.
(a) Chickens or ducklings younger
than eight (8) weeks of age may not be sold in
quantities of less than ten (10) to a single
purchaser except if the animals are sold as part
of a sanctioned FFA or 4H project.
| 
