Ordinance No. 14,458ORDINANCE NO. 14,458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING CHAPTER 14 "ANIMALS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ADD A NEW CHAPTER TO BE NUMBERED AND ENTITLE❑
CHAPTER 14 "ANIMALS" TO UPDATE THE ANIMAL CONTROL ORDINANCE TO
STATE LAW, TO ESTABLISH MINIMUM STANDARDS FOR PROPER CARE AND
TO REQUIRE MICRO -CHIPPING OF CERTAIN ANIMALS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00)
FOR OFFENSES CONSTITUTING PUBLIC NUISANCES AND FIVE IIUNDRED
AND NO/100 DOLLARS ($500.00) FOR ALL OTIIER OFFENSES; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 14 "Animals" of the Code of Ordinances, Baytown, Texas, is
hereby repealed in its entirety.
Section 2: That the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
chapter to be numbered and entitled Chapter 14 "Animals," which shall read as follows:
CHAPTER 14. ANIMALS
ARTICLE I. IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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 his consent.
Adult animal means an animal that is six (6) months of age or older.
Animal means any living creature other than man.
Animal control authority means the city's animal services division with authority over the
area where the animal is kept.
Animal control officer means a person designated by the director 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.
Animal shelter means a facility operated by the city for the purpose of impounding or caring
for stray, homeless, abandoned, or unwanted animals held under the authority of this chapter or
state law.
Animal subject to capture means any animal observed running at large, any animal
reasonably believed to have bitten a person or an animal, or any animal ordered to be captured
pursuant to a court order.
At large means, when applied to any animal, except cats:
(1) not restrained or contained by means of an appropriate carrier or cage or a leash or
chain of sufficient strength and length to control the actions of such animal while
off the premises of the owner or
(2) not confined on the premises of the owner by a substantial fence of sufficient
strength and height to prevent the animal from escaping therefrom, or secured by
lawful restraint to prevent the animal from escaping from the premises and so
arranged that the animal will remain upon the premises and not come any closer
than six feet (6') to a public walkway or sidewalk when the restraint leash is
stretched to full length.
Cat means a domesticated animal that is a member of the feline family.
Collar means any collar constructed of nylon, leather, or similar material, specifically
designed to be used for an animal.
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
with an anti -rabies vaccine or by sixteen (16) weeks of age using the recommended
route of administration for the vaccine;
(2) at least thirty (30) days have elapsed since the animal was vaccinated; and
(3) either:
a. not more than twelve (12) months have elapsed since the date of the most
recent vaccination of the animal; or
b. at the recommended interval for booster vaccination as established by the
manufacturer for a third or subsequent vaccination.
Dangerous dog means any 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 animal was being kept and that was
reasonably certain to prevent the animal 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; or
(3) has attacked and bitten another animal, with the exception of wildlife, without
provocation.
Director means the city's director of health.
Dog means a domesticated animal that is a member of the canine family.
Farm or ranch means an area of five (5) acres or more, with a Texas agriculture or timber
registration, which is used for growing usual farm products, vegetables, fruits, trees, and grains
and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and
sheep, including the necessary accessory uses for raising, treating and storing products raised on
the premises, but not including the commercial feeding of offal or garbage to swine or other
animals and not including any type of agriculture or husbandry specifically prohibited by
ordinance or law.
Fowl means any bird, domestic or wild.
Humane live -animal traps means a device used for catching an animal alive and uninjured
for transport to another location in which reasonable precautions are taken to maximize the humane
treatment of and to minimize the stress on the trapped animal.
Kennel means:
(1) any lot, building, structure, enclosure or premises where four (4) or more adult
dogs are kept; or
(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 any grazing animal, including, but not limited to, cattle, horses, mules,
asses, burros, swine, sheep and goats.
Microchip means a computer chip that is preprogrammed with a unique alphanumeric
combination code which is inserted into the animal.
Notice means by personal service, telephone, e-mail, 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 owning, keeping, having custody or control of or harboring one
(1) or more animals.
Performing animal exhibition means any spectacle, display, act or event other than
circuses in which performing animals are used.
Pet means any animal kept for pleasure rather than utility.
Properly fitted means, with respect to a collar, a collar that measures the circumference of
an animal's neck plus at least one inch.
Public nuisance means a condition which exists when any person allows an animal to (i)
molest a passerby; (ii) attack other animals; (iii) run at large; (iv) damage public property; (v) bark,
whine, meow, crow, howl, or otherwise make noise that disturbs a person of ordinary sensibilities;
or (vi) violate any of the conditions set forth in section 14-10 of this chapter.
Quarantine means strict confinement of an animal specified in an order of the department
or its designee:
(1) on the private premises of the animal's owner or at a facility approved by the
director; and
(2) under restraint by closed cage or paddock or in any other manner approved by the
director's rule.
Rabies control authority means the officer designated by the city council in section 14-2
of this code under V.T.C.A., Health & Safety Code §826.017.
Rescue organization means a non-profit animal welfare organization registered under IRS
section 501(c)(3) or an organization that:
(1) has entered into a rescue placement agreement with the city;
(2) serves the purpose of -
(a) the prevention of cruelty to animals;
(b) fostering or adoption; or
(c) the transport of animals on behalf of another rescue or shelter organization,
provided the receiving agency is resourced to secure a live outcome for the
animal(s) subject to transport; and
4
(3) does not have an officer, board member, staff member or volunteer who has a case
pending or has been convicted of a criminal offense having as its primary effect
the punishment of animal neglect or animal cruelty or dog fighting.
Restraint means a chain, rope, tether, leash, cable, or other device that attaches an animal
to a stationary object or trolley system
(1) within
a. a kennel or pen; or
b. within fenced real property, and
(2) which may not come any closer than six feet (6) 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:
(1) locked;
(2) capable of preventing the entry of the general public, including children;
(3) capable of preventing the escape or release of an animal;
(4) clearly marked as containing a quarantined animal or dangerous dog; and
(5) is in conformance with any additional requirements for enclosures, as established
and provided in writing to the owner by the director.
Tract means a contiguous parcel of land under common ownership.
Vaccination means an injection of United States Department of Agriculture approved
rabies vaccine, licensed for use in a specific species, properly administered as prescribed by or
under the direct supervision of 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 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, but not limited to, the following:
(1) Class Reptilia. Family Helodermatidae (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
(water cobra), Boiga (mangrove snake), and Thelotornis (African twig snake) only;
Order Ophidia, Family Boidae (racers, boas, water snakes, and pythons); and Order
Crocodilia (crocodiles, alligators, caimans, and gavials);
(2) Class Aves. Order Falconiformes (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order
Strigiformes (such as owls); Order Passeriformes (songbirds);
(3) Class Mammalia. Order Carnivora, Family Felidae (such as ocelots, margays,
tigers, jaguars, leopards, lions, cheetahs, bobcats, lynx, servals, caracals and
cougars), except commonly accepted domesticated cats; Family Hyaenidae (such
as hyena); Family Canidae (such as wolves, wolf -dogs, hybrids, dingos, coyotes,
and jackals), except domesticated dogs; Family Mustelidae (such as weasels,
skunks, martins, minks, and badgers), except domesticated 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, baboons, orangutans, 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; or any hybrid of an animal listed in this
subdivision;
(4) Animals not listed. The director 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 or 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 open to the public, other than a pet shop or kennel,
displaying or exhibiting one (1) or more species of non -domesticated animals, operated by a
person, partnership, corporation, or governmental agency.
Sec. 14-2. Rabies control authority.
Under this chapter, the rabies control authority shall be the director.
Sec. 14-3. Penalty for violation.
Except as otherwise provided in this chapter, any person violating any provision of this
chapter shall, upon conviction, be punished as provided in section 1-14 of this code.
Z
See. 14-4. Certain offenses.
(a) Lack of proper care.
(1) No person shall:
a. deprive an animal of sufficient, good and wholesome food or water, which
is adequate and meets the nutritional needs of the animal's species in a
manner that allows the animal to maintain optimal body condition;
b. deprive an animal of adequate shelter and protection from weather, which
shelter shall:
1. be large enough for the animal to enter, stand, turn around, and lie
down in a natural manner,
2. keep the animal dry,
3. provide the animal with natural or artificial shade from direct
sunlight,
4. protect the animal from excessive heat and cold and other adverse
weather conditions, and
5. be adequately ventilated; or
C. deprive an animal of veterinary care when needed to prevent suffering, or
of humane care and treatment.
(2) An owner of an animal commits an offense if the owner:
a. does not keep the animal in a clean, sanitary, and healthy condition;
b. confines the animal to the extent that it is forced to stand, sit, or lie in its
own excrement;
C. does not regularly maintain the animal and its shelter to prevent odor or a
health or sanitation problem; or
d. does not provide the animal with exercise space that is large enough to
prevent injury and keep the animal in good condition.
(3) It is an affirmative defense to prosecution under this subsection (a) that the animal's
treatment was as directed by a licensed veterinarian.
(b) Commercial display and transport in motor vehicles.
(1) No person shall:
a. transport or carry on any public roadway any animal in a vehicle unless the
animal is safely enclosed within the vehicle; or
b. transport or carry on any public roadway any animal in an unenclosed
vehicle, including, but not limited to, convertibles, pickup trucks, jeeps, and
flatbed trucks, unless the animal is confined by a vented container or cage,
by chain, rope or other device cross -tied to prevent the animal from falling
or jumping from the vehicle or from strangling on a single leash;
C. leave any animal in any standing or parked vehicle in such a way as to
endanger the animal's health, safety or welfare; or
d. sell, trade, barter, lease, rent, give away, or display for a commercial
purpose, any live animal,
on any roadside, public right-of-way, parking lot, or
2. at any flea market, farmer's market or other live outdoor event.
(2) This subsection shall not apply to a person, who is (i) an employee of a
governmental agency acting in his/her official capacity and has obtained the
permission of the owner of the property or (ii) an officer, employee or volunteer of
a rescue organization acting on behalf of such organization, on property of an
existing business that sells or offers for sale the same or similar goods, merchandise,
or services from within a facility on that property for which a certificate of
occupancy has been issued.
Sec. 14-5. Running at large.
(a) It shall be unlawful for any person to allow or permit an animal owned or possessed by
him/her to run at large.
(b) A culpable mental state is not required as an element of this offense.
(c) It is an affirmative defense to prosecution if the animal was running at large due to the act
of some person, other than the owner of the animal or an occupant of the premises where
such animal is possessed, or due to some factor not reasonably foreseeable by the owner
or person having possession of the animal.
(d) An offense under this section is punishable by a fine of not less than:
(1) $25.00 for the first offense;
(2) $100.00 for the second offense within a 12-month period; and
(3) $300.00 for all subsequent offenses within a 12-month period.
(e) Animals running at large are subject to capture by an animal control officer.
(f) An animal must be micro -chipped upon a second offense of running at large.
Sec. 14-6. Preventing capture.
Under this chapter it shall be unlawful for a person to intentionally or knowingly:
(1) Refuse to surrender any animal subject to capture owned or possessed by him upon
demand of an animal control officer or a police officer;
(2) Interfere with an animal control officer or police officer attempting to capture or
who has captured any animal subject to capture and such interference permits the
animal to escape capture; or
(3) Refuse to deliver an animal subject to capture owned or possessed by him to a
licensed veterinarian for observation or treatment upon demand of an animal
services officer or police officer.
Sec. 14-7. Unreasonable noise.
(a) Under this chapter it shall be unlawful for any person to intentionally or knowingly own or
possess an animal that causes unreasonable noise in a public place or in or near a private
residence the person has no right to occupy.
(b) In any prosecution authorized by this section, where proof is presented that the person was
warned concerning the noise more than 24 hours preceding the offense by an animal control
officer or police officer, such person shall be presumed to have intentionally and knowingly
committed the offense.
Sec. 14-8. Certain animals restricted.
(a) Prohibited. Except as provided in subsection (b) of this section, it shall be unlawful for any
person to intentionally or knowingly keep or maintain the following within the city limits:
(1) One or more hogs, swine or pigs;
(2) Livestock, rabbits or fowl within 200 feet of a private residence the person has no
right to occupy;
(3) Livestock or fowl within 300 feet of a church, school, hospital or public place where
food is sold or consumed;
(4) Any animal within a public place where food is sold or consumed, except (i)
assistance dogs which are permitted in such places under state law or (ii) dogs in
an outdoor dining area of a food service establishment if permitted pursuant to
section V.T.C.A, Health & Safety Code §437.025;
(5) Any wild animal; or
(6) Bees or beehives within 300 feet of a private residence the person has no right to
occupy, a church, school, a day care, a nursing home, a hospital, a park or a public
place.
(b) Restricted. The animals enumerated in subsection (b)(2) on property held, used or zoned
for noncommercial purposes are permitted if the required number of animal points are
accumulated. Animal points shall be calculated as follows:
(1) Animal points calculation. The quantity of animals permitted on a property shall
be determined on the basis of 50 animal points per vacant acre (e.g., 0.50 acres x
50 25 animal points; 1.45 acres x 50 = 72 animal points).
(2) Animals permitted. Based upon the number of animal points calculated pursuant to
subsection (b)(1) of this section, the following animals may be permitted on
property held, used or zoned for noncommercial purposes if there is a sufficient
number of cumulative animal points based upon the following:
Type of Animal Number of Points
per Animal
Horseor cattle................................................................... 25
Sheepor goat..................................................................... 10
Chicken, duck, goose, pigeon,
rabbit and other small animal ......................................... 5
(c) Defense. It shall be an affirmative defense to prosecution under subsection (a)(1) of this
section if such hog, swine or pig was possessed for the purpose of sale within 24 hours.
(d) Exceptions. Subsections (a) and (b) shall not apply to:
(1) an animal or its habitat that is part of an exhibit or project, which is operated or
conducted solely for educational purposes and maintained by a governmental
entity;
10
(2) zoological parks, performing animal exhibitions, or circuses;
(3) an injured, infirmed, orphaned or abandoned dangerous wild animal while being
rehabilitated, treated or cared for by a licensed veterinarian, an incorporated
humane society or animal shelter, or a person who holds a rehabilitation permit
issued under V.T.C.A., Parks and Wildlife Code subch. C, ch. 43;
(4) fairgrounds consisting of 15 acres or more, owned by a non-profit corporation, and
operated for educational events lasting no more than seven (7) consecutive calendar
days;
(5) Family Boidae (boas and pythons) less than thirty-six (36) inches long; or
(6) the raising or keeping of six (6) or fewer chickens, excluding roosters, maintained
in any pen, shed, coop, enclosed structure, or fenced yard, which is:
a. located at least 200 feet from a residential structure and
b. maintained in such a manner as to not give off odors offensive to persons
of ordinary sensibilities residing in the area, or breed or attract flies,
mosquitoes or other noxious insects or rodents, or in any manner to
endanger the public health, safety or welfare, or to create a public nuisance.
Sec. 14-10. Public nuisances.
(a) It shall be unlawful for any person to maintain within the city limits any animal or fowl
in such a manner or allow any pen, enclosure, yard or similar place used for the keeping
of animals or fowl to become unsanitary, offensive by reason of odor or dust or to create
a condition that is a breeding place for fleas or other vector and which is offensive to
persons of ordinary sensibilities residing in the vicinity thereof.
(b) It shall be unlawful for any person to maintain within the city limits any animal, which
constitutes a public nuisance as defined in section 14-1.
(c) It shall be unlawful for a person to maintain property in any condition injurious to public
health caused by the lack of or improper disposal of an animal or animal waste.
Sec. 14-11. Traps.
(a) Only humane live -animal traps may be used for capturing animals running at large in the
city.
(b) No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set
out by an animal control officer or any person acting in his official capacity as an employee
or contractor of a governmental agency.
(c) Any person using a humane trap in the city should make a reasonable effort to ensure any
animal confined in the trap is not unduly exposed to severe or extreme weather conditions
including, but not limited to:
(1) the actual or effective outdoor temperature is below 32 degrees Fahrenheit;
(2) a heat advisory Fahrenheit has been issued by a local or state authority or
jurisdiction; or
(3) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction
by the National Weather Service.
Sec. 14-12. Unlawful restraint of animal.
(a) An owner may not leave an animal outside and unattended by use of a restraint that
unreasonably limits the animal's movement:
(1) between the hours of 10 p.m. and 6 a.m.;
(2) within 500 feet of the premises of a school; or
(3) in the case of extreme weather conditions, including conditions in which:
(A) the actual or effective outdoor temperature is below 32 degrees
Fahrenheit;
(B) a heat advisory has been issued by a local or state authority or jurisdiction;
or
(C) a hurricane, tropical storm, or tornado warning has been issued for the city
by the National Weather Service.
(b) In this section, a restraint unreasonably limits an animal's movement if the restraint:
(1) uses a collar that is pinch -type, prong -type, or choke -type or that is not properly
fitted to the animal;
(2) is a length shorter than the greater of:
(A) five times the length of the animal, as measured from the tip of the animal's
nose to the base of the animal's tail; or
12
(B) 10 feet;
(3) is in an unsafe condition; or
(4) causes injury to the animal.
(c) This section does not apply to:
(1) an animal restrained to a running line, pulley, or trolley system and that is not
restrained to the running line, pulley, or trolley system by means of a pinch -type,
prong -type, choke -type, or not properly fitted collar;
(2) an animal restrained in compliance with the requirements of a camping or
recreational area as defined by a federal, state, or local governmental authority
while in such area;
(3) an animal restrained for a reasonable period, not to exceed three hours in a 24- hour
period, and no longer than is necessary for the owner to complete a temporary task
that requires the animal to be restrained;
(4) an animal restrained while the owner is engaged in, or actively training for, an
activity that is conducted pursuant to a valid license issued by this state if the
activity for which the license is issued is associated with the use or presence of an
animal;
(5) an animal restrained while the owner is engaged in conduct directly related to the
business of shepherding or herding cattle or livestock;
(6) an animal restrained while the owner is engaged in conduct directly related to the
business of cultivating agricultural products, if the restraint is reasonably necessary
for the safety of the animal; or
(7) an animal restrained by a person walking the animal with a hand-held leash.
Sec.14-13. Enforcement.
(a) The directors of health, planning and community development, police chief and the fire
chief are authorized to enforce the provisions of this chapter and to make all necessary
inspections, to issue citations, to give notice, to file applicable charges and to otherwise
cooperate in the enforcement of this chapter.
(b) It shall be unlawful for any owner or person to interfere with an animal control officer or
the director or any other authorized person in the performance of his duties as prescribed
by this chapter.
13
(c) Animal control officers or other authorized persons have the right to pursue and apprehend
animals running at large onto private property while enforcing the provisions of this
chapter.
ARTICLE II. IMPOUNDMENT
Sec. 14-36. Impoundment of animals.
(a) The animal services officer or any police officer may take up and impound any animal
found at large in violation of this chapter. If the owner of such animal is known or can be
readily ascertained, the animal control officer shall notify the owner by telephone, personal
service, certified mail, email, or door tag not later than forty-eight (48) hours following
such impoundment or after obtaining owner information.
(b) Under the provisions of this chapter, the animal control authority shall be the designated
caretaker of every impounded animal immediately upon impoundment.
Sec. 14-37. Impoundment of animals by individuals.
(a) Any individual that comes into possession of a lost or stray dog or cat must report the
animal to the animal control authority within twenty-four (24) hours of coming into
possession of said animal. The individual must provide the following information to the
animal control authority:
(1) a detailed physical description of the animal and a photograph of the animal;
(2) any apparent or suspected injuries of the animal;
(3) a detailed description of where and how the animal was found or located;
(4) a name, address and phone number of where the animal can be located;
(5) a detailed accounting of any medical treatment, inoculations or procedures done to
the animal while in the individual's care; and
(6) confirmation, or lack thereof, of any collar, tag, tattoo or microchip that may
identify the animal's owner by either a local veterinarian or the animal control
authority within three (3) days of coming into possession of the animal.
(b) An animal services officer shall make a record of the animal upon receipt of information,
which shall be available to the public.
14
Sec. 14-38. Redemption or adoption of impounded animal.
(a) The owner, keeper, or harborer of any animal impounded under this section may redeem
same within three (3) days of impoundment by payment of applicable impoundment fees
and boarding fees as established in section 14-173.
(b) Any owner or person redeeming a non -sterilized animal from the animal shelter for the
second time within any twelve (12) consecutive -month period must have the animal
sterilized within thirty (30) days of the date the animal was released from the shelter. Proof
of said sterilization must be provided to the director within ten (10) days of compliance.
(c) Any person desiring to adopt an impounded cat, dog or other animal that is property of the
city pursuant to section 14-39 may do so upon payment of the applicable fee as established
in section 14-173. All adoptions are at the discretion of the director. As a condition of
adoption, the dog or cat shall be sterilized and vaccinated, or the prospective owner must
sign a sterilization agreement to have the dog or cat sterilized and vaccinated for rabies
before the dog or cat is released. The sterilization agreement must include the following:
(1) the date of the agreement;
(2) the names, addresses, and signatures of an animal services officer and the new
owner;
(3) a description of the animal to be adopted;
(4) the sterilization and rabies vaccination completion date in accordance with
subsection (d); and
(5) a statement, printed in conspicuous, bold print, that sterilization of the animal is
required under V.T.C.A., Health and Safety Code, ch. 828, and that a violation of
this chapter is a criminal offense punishable as a Class C misdemeanor.
(d) A dog or cat adopted from the city shall be spayed or neutered within thirty (30) days of
adoption unless the procedure has already been accomplished or the animal is less than six
months of age. Persons adopting a dog or cat less than six (6) months of age shall agree to
have it spayed or neutered when it becomes six (6) months old. However, the deadline for
sterilization as provided herein may be extended for thirty (30) days on presentation of a
written report from a licensed veterinarian stating that the life or health of the adopted
animal may be jeopardized by surgery. There is no limit on the number of extensions that
may be granted under this subsection.
(e) It is an exception to the application of subsection (d) of this section if the animal is
transferred to a state, county or other governmental entity that has as its primary purpose,
the impound, adoption and.; or euthanasia of animals in a humane manner, as determined
by the director.
15
See. 14-39. Disposition of impounded animals
(a) An animal surrendered by its owner to the animal shelter is immediately abandoned by its
owner and is the property of the city. The city may transfer, place, or sell an animal
surrendered by its owner at any time after intake.
(b) Except as provided in subsection (c), the city shall hold an impounded animal not
surrendered by its owner for a period of three (3) business days following impoundment of
the animal for owner reclamation. On the fourth business day, an impounded animal is the
property of the city.
(c) In order to save the life of an impounded animal not surrendered by its owner, the animal
control authority may transfer that animal, unless it is under investigation as a dangerous
dog, from the animal shelter to a rescue organization prior to the expiration of the period
described in subsection (b) subject to the following conditions:
(1) The animal control authority shall maintain documentation, in physical and
electronic form reviewable by the public, of an animal transferred under this
subsection, including a photograph of the animal and all information pertaining to
the animal's impoundment and transfer, at the animal shelter and on the animal
shelter's website for three (3) business days following the impoundment of the
animal at the animal shelter.
(2) An animal transferred under this subsection is considered abandoned by its owner,
and becomes the property of the transferee organization, upon the expiration of
three (3) business days from impoundment by the animal shelter.
(3) Prior to the expiration of the period described in subsection (c)(2), the transferee
organization is the designated caretaker of the animal.
(4) An animal transferred under this subsection remains subject to reclamation by its
owner prior to the expiration of the period described in subsection (c)(2).
(d) An animal in the custody of the animal control authority solely for purposes of sterilization,
vaccination, or microchipping, is not subject to a mandatory period of impoundment. The
animal control authority is the designated caretaker, but not owner, of such animal during
any period of custody.
(e) The animal control authority and any rescue organization to which the animal control
authority has transferred an impounded animal shall not sell or transfer an impounded
animal, with or without consideration, to any person, entity, political subdivision, hospital,
educational or commercial institution, laboratory, or animal dealer, whether or not such
dealer is licensed by the United States Department of Agriculture or any other state or
federal agency, for purposes of medical or biological teaching, research, study, or
experimentation of any kind.
16
(f) Subsections (a) through (e) do not apply to an animal that is a dangerous animal.
(g) For purposes of calculating time periods in this section, the date of initial impound is not
counted.
(h) Each day the animal shelter is open to the public for reclamation and adoption is a business
day.
ARTICLE III. RABIES CONTROL
Sec. 14-66. Vaccination required.
(a) Offense.
(1) It shall be unlawful for any person to intentionally or knowingly own or possess a
dog or cat that has not been immunized with an anti -rabies vaccine:
a. by sixteen (16) weeks of age;
b. within twelve (12) months of the date the dog or cat received its first
vaccination, regardless of the type of vaccine used or the age at which the
dog or cat was initially vaccinated; or
C. either:
in the preceding twelve (12) months; or
2. at the recommended interval for booster vaccination as established
by the manufacturer for a third or subsequent vaccination.
(b) Presumption. In any prosecution authorized by this section where proof is presented that
the animal was not wearing a tag indicating rabies immunization within the preceding
twelve (12) months, such animal shall be presumed not to be currently immunized with an
anti -rabies vaccine.
(c) Defenses. It shall be an affirmative defense to any prosecution under this section if:
(1) The person accused of the offense presents an official rabies vaccine certificate
evidencing that the animal received an anti -rabies vaccine contrary to the alleged
offense; or
(2) The animal was less than 16 weeks old on the date of the offense.
17
Sec. 14-67. Quarantine procedure.
(a) Except as otherwise provided in this subsection, any animal reasonably believed to have
bitten, scratched or clawed a person shall be quarantined for the subsequent ten (10) days,
at the discretion of the rabies control authority. However, currently vaccinated police dogs
that bite while in the line of duty shall not be required to be placed in quarantine unless
otherwise directed by the rabies control authority.
(b) The owner of such animal shall immediately notify the animal control authority and shall
fully cooperate with all reasonable precautionary procedures.
(c) An animal required to be quarantined pursuant to subsection (a) shall be quarantined by
either:
(1) A licensed doctor of veterinary medicine of the owner's choice, having facilities
within the city limits or within a 20-mile radius therefrom for the quarantining of
animals and who agrees to provide the following to the animal control authority:
a. Written documentation that the animal was received;
b. A verbal fifth -day health check of the animal;
C. A written 240th hour/tenth day health check of the animal; and
d. A written release authorization; or
(2) The animal control authority.
(3) In lieu of animal quarantine at the animal shelter or veterinary facility or other
quarters, the director may authorize the animal to be retained on the owner's
premises if the following requirements are satisfied:
a. the animal was currently vaccinated at the time of the bite;
b. the animal was not "at large" at the time of the bite;
C. when quarantined at home, the animal must be restrained and removed to
an area where it will not come in contact with any persons or animals;
d. the animal must be made available to the animal control officer for a
periodic inspection between the hours of 7 a.m. and 7 p.m. during the
quarantine period;
e. the owner will observe the animal for any signs of illness or personality
changes and report such changes to the director;
18
f. the animal may not be moved from the known quarantine location without
prior written notification and approval of the director;
g. the animal will remain under quarantine until the owner is notified that the
final health inspection has been made and that the animal has been cleared
by the director. Contact will be made by phone, personal contact, or
certified mail;
h. the animal may not receive a vaccination for rabies during the quarantine
period; and
i. failure to comply with all conditions of residence quarantine as stated above
or as directed by the animal control officer will result in the animal being
impounded at the animal shelter for the duration of the quarantine period.
(d) The expense of such quarantine and any disposition of the animal shall be borne by the
owner of such animal, and the city may bring suit to collect such costs.
(e) It shall be unlawful for any person to interfere with the enforcement of this section or to
fail or refuse to surrender to an animal control officer or other member of the health
department any animal involved or suspected of being involved in a bite case, or to
otherwise fail or refuse to provide for the quarantine of animals as may be authorized by
this chapter.
(f) If an owner fails or refuses to surrender an animal to an animal control officer for
quarantine under this chapter, an animal control officer may apply for a warrant to seize
the animal. The officer executing the warrant shall cause the animal to be impounded at
the animal shelter.
ARTICLE IV. KENNELS
DIVISION 1. GENERALLY
Sec. 14-96. Location restrictions.
It shall be unlawful for a person to intentionally or knowingly operate or maintain a kennel
located within 100 feet of a private residence that the owner or keeper of the kennel has no right
to occupy or within 300 feet of any church, school, hospital or public place where food is sold or
consumed.
Sec. 14-97. Defenses to prosecution.
(a) It is an affirmative defense to the prosecution of any violation of any requirement or
regulation of this article if the owner or operator of the kennel is a governmental agency.
19
(b) It is an affirmative defense to the prosecution of any violation of any requirement or
regulation of this article if:
(1) all of the dogs kept or maintained at a kennel are owned by the person owning such
kennel and have been owned continuously by the kennel owner since a date prior
to January 12, 1984;
(2) the kennel owner resides at the location of the kennel and has continuously
resided at such location since a date prior to January 12, 1984; and
(3) none of the animals are being kept for purposes of sale to another party.
(c) It is an affirmative defense to the prosecution of any offense under sections 14-96 and 14-
126 if the dog is possessed by a person who is fostering a dog from a rescue organization
and provides proof thereof.
Sec. 14-98. Sanitation.
It shall be unlawful for the owner of a kennel to fail to keep the kennel and the surrounding
premises in a sanitary manner. The premises shall be kept reasonably free from sources of insects,
vermin and rodent breeding, harborage and infestation. Where insect, rodent or vermin breeding
areas, harborage or infestation exist, such areas, harborage or infestation shall be eliminated. The
kennel shall be kept free of animal waste and shall be reasonably free of noxious odors emanating
therefrom.
DIVISION 2. LICENSE
Sec. 14-126. Required.
It shall be unlawful for a person, intentionally or knowingly, to operate or maintain or allow
or permit another to operate or maintain on one's property a kennel, unless a license as required
under this division has been applied for and obtained.
Sec. 14-127. Application.
A person desiring a kennel license must submit the following information on the
application:
(1) the name and address of the owner;
(2) the amount of space available for the keeping of dogs;
20
(3) the local address and property description of the premises to be used for the
purposes of a kennel;
(4) the number of dogs proposed to be kept by the applicant;
(5) proof that the applicant has a structure suitable for the humane physical restraint of
the dogs kept;
(6) proof that all city taxes have been paid;
(7) proof that an inspection has been performed by the animal services division or
health department for compliance with all requirements of this chapter pertaining
to kennels; and
(8) proof that the kennel is not within 100 feet of a private residence that the owner or
keeper of the kennel has no right to occupy or within 300 feet of any church, school,
hospital or public place where food is sold or consumed.
Sec. 14-128. Structural requirements.
The structure required in subsection 14-127(5) shall meet the following minimum
requirements:
(1) enclosures must be provided which shall allow adequate protection against weather
extremes. Floors of buildings, runs and walls shall be of an impervious material to
permit proper cleaning and disinfecting;
(2) the building temperature shall be maintained at a comfortable level. Adequate
ventilation shall be maintained;
(3) each animal shall have sufficient space to stand up, lie down and turn around in a
natural position without touching the sides or top of a cage;
(4) cages are to be of material and construction that permit cleaning and sanitizing;
(5) cage floors of concrete, unless radiantly heated, shall have a resting board or some
type of bedding;
(6) runs shall have an impervious surface with an adequate area for exercise and
protection from the weather;
(7) all animal quarters and runs are to be kept clean, dry and in a sanitary condition;
21
(8) the food shall be free from contamination and shall be wholesome, palatable and of
sufficient quantity and nutritive value to meet the normal daily requirements for the
condition and size of the animal; and
(9) all animals shall have fresh water available at all times. Water vessels shall be
mounted or secured in a manner that prevents tipping and shall be of the removable
type.
Sec. 14-129. Exceptions to distance requirements.
The restrictions in section 14-96 as to distance from a private residence that the owner has
no right to occupy and from a church, school, hospital or public place where food is sold or
consumed shall not apply to any applicant for a kennel license if:
(1) The structure being used meets all other minimum requirements set forth in this
division for the issuance of a kennel license; and
(2) The structure being used was being used as a kennel, as defined in this chapter, on
January 12, 1984.
Sec. 14-131. Issuance.
Upon submission of the information required in this division, approval by the director and
payment of the annual kennel license fee established in section 14-173, a kennel license shall be
issued to the applicant.
Sec. 14-132. Expiration; renewal.
A kennel license shall expire on December 31 each year. A renewal kennel license shall be
issued upon payment of the appropriate annual license fee established in section 14-173 and after
inspection and approval of the premises by the director. There shall be no proration of fees under
this division.
Sec. 14-133. Posting.
It shall be unlawful for the owner of a kennel to intentionally or knowingly fail to post the
kennel license in a prominent place in the kennel at all times.
22
Sec. 14-134. Suspension.
A kennel license may be suspended by the director or chief of police for any of the
following reasons:
(1) violation of any of the laws of the state, federal or city government or commission
of an offense as defined by this chapter;
(2) failure to post the kennel license in a prominent place on the premises of the kennel;
or
(3) failure to keep the premises in a safe and sanitary condition.
Sec. 14-135. Appeal of denial.
(a) Any person shall have the right to appeal the decision to deny issuance or renewal of a
kennel license of the animal control authority to the city manager by making written request
to the city clerk. Such request must be filed with the city clerk within fifteen (15) days after
such person has been notified of the decision of the animal control authority.
(b) No person shall have any right to appeal for relief to any court in regard to any matter
covered by this article until after such person has exhausted the appeal procedure provided
for in this section.
(c) No person shall have any right to appeal for relief to any court in regard to any matter
covered by this article until after such person has exhausted the appeal procedure provided
for in this section.
ARTICLE V. DANGEROUS DOGS
Sec. 14-152. Reporting of incident.
(a) If a person reports to the animal control authority an incident in which a dog commits acts
which could characterize the dog as a dangerous dog as defined in section 14-1, the animal
control authority may investigate the incident. If, after receiving the sworn statements of
any witnesses, the animal control authority believes the dog is a dangerous dog, it shall
notify the owner of that fact and report the incident to municipal court in accordance with
this section. In making this determination, the animal control authority shall find that a dog
is not a dangerous dog if:
(1) the threat, injury, or damage was sustained by a person who at the time was
committing a willful trespass or other tort upon the premises occupied by the owner
of the dog;
23
(2) the person was teasing, tormenting, abusing, or assaulting the dog or has, in the
past, been observed or reported to have teased, tormented, abused, or assaulted the
dog;
(3) the person was committing or attempting to commit a crime;
(4) the dog attacked or killed was at the time teasing, tormenting, abusing or attacking
the alleged dangerous dog;
(5) the dog was protecting or defending a person within immediate vicinity of the dog
from an unjustified attack or assault; or
(6) the dog was injured and responding to pain.
(b) Upon being notified by the animal control authority that the incident has been reported to
municipal court, the owner of the dog shall deliver the dog to the animal control authority
not later than the fifth (51h) day after the date on which the owner receives notice that the
report has been filed. The animal control authority may provide for the impoundment of
the dog in secure and humane conditions until the court orders the disposition of the dog.
(c) If the owner fails to deliver the dog as required by subsection (b), the court shall order the
animal control authority to seize the dog and shall issue a warrant authorizing the seizure.
The animal control authority shall seize the dog or order its seizure and shall provide for
the impoundment of the dog in secure and humane conditions until the court orders the
disposition of the dog. The owner shall pay any costs incurred in seizing the dog.
Sec. 14-153. Hearing.
(a) The court, on receiving a report of an incident under section 14-152 or an application under
section 14-154(c), shall set a time for a hearing to determine whether the dog is a dangerous
dog or whether the dog is in compliance with section 14-154. The hearing must be held not
later than the tenth (10`h) after the date on which the dog is seized or delivered.
(b) The court shall give written notice of the time and place of the hearing to:
(1) the owner of the dog or the person from whom the dog was seized; and
(2) the person who made the complaint.
(c) Any interested party, including the city attorney, is entitled to present evidence at the
hearing.
(d) The court shall determine the estimated costs to house and care for the impounded dog
during the appeal process and shall set the amount of bond for an appeal adequate to cover
those estimated costs.
24
(e) The court shall determine, after notice and hearing as provided in this section, whether the
dog is a dangerous dog or whether the dog is in compliance with section 14-154.
(f) The court, after determining that the dog is a dangerous dog, may order the animal control
authority to continue to impound the dangerous dog in secure and humane conditions until
the court orders disposition of the dog and the dog is returned to the owner or destroyed.
(g) An owner or person filing the action may appeal the decision of the municipal court in the
manner provided for the appeal in compliance with state law.
(h) The owner shall pay all costs and fees assessed by the city related to the seizure,
acceptance, impoundment or destruction of the dog.
(i) Once a dog has been determined to be dangerous, the owner must:
(1) register and confine the dog in accordance with section 14-154;
(2) remove the dog from the city within twenty-four (24) hours of the owner learning
that the dog is dangerous or upon quarantine clearance, whichever is later; or
(3) surrender the dog for euthanasia to an animal control officer or a veterinarian, as
approved by the animal control officer, within twenty-four (24) hours of the owner
learning that the dog is dangerous or upon quarantine clearance, whichever is later.
See. 14-154. Requirements for owner of dangerous dog.
(a) Not later than the thirtieth (301h) day after the owner learns that the person is the owner of
a dangerous dog, the owner, before redeeming the dog, must:
(1) register the dangerous dog with the animal control authority in accordance with
section 14-155;
(2) restrain the dangerous dog at all times on a leash in the immediate control of a
person or in a secure enclosure;
(3) obtain liability insurance coverage or show financial responsibility in an amount of
at least $300,000.00 to cover damages resulting from an attack by the dangerous
dog causing bodily injury to a person or animal and provide proof of the required
liability insurance coverage or financial responsibility to the animal control
authority;
(4) furnish proof of microchipping of the dangerous dog to the city at the animal shelter
on a form furnished by the city, provide the alphanumeric combination code
25
contained in the microchip to the animal control authority, and make available the
dog at the animal shelter for scanning so the city can verify the code;
(5) pay any cost or fee assessed by the city or the court related to the seizure,
acceptance, or impoundment of the dog; and
(6) comply with all applicable regulations, requirements, or restrictions on dangerous
dogs, including, but not limited to, any imposed by the municipal court or any other
court of competent jurisdiction.
(b) The owner of a dangerous dog who does not comply with subsection (a) shall deliver the
dog to the animal control authority not later than the thirtieth (301h) day after the owner
learns that the dog is a dangerous dog.
(c) If, on application of any person, a court finds, after notice and hearing as provided by
section 14-153, that the owner of a dangerous dog has failed to comply with subsection (a)
or (b), the municipal court shall order the animal control authority to seize the dog and shall
issue a warrant authorizing the seizure. The animal control authority shall seize the dog or
order its seizure and shall provide for the impoundment of the dog in secure and humane
conditions.
(d) The owner shall pay all costs and fees assessed by the city related to the seizure, acceptance,
impoundment, or destruction of the dog.
(e) The municipal court shall order the animal control authority to humanely destroy the dog
if the owner has not complied with subsection (a) before the eleventh (I Vh) day after the
date on which the dog is seized or delivered to the authority, except that, notwithstanding
any other law or local regulation, the court may not order the destruction of a dog during
the pendency of an appeal under V.T.C.A., Health & Safety Code § 822.4024. The court
shall order the animal control authority to return the dog to the owner if the owner complies
with subsection (a) before the eleventh (11 `h) day after the date on which the dog is seized
or delivered to the animal control authority.
(f) The court may order the humane destruction of a dog if the owner of the dog has not been
located before the fifteenth (151h) day after the seizure and impoundment of the dog.
(g) For purposes of this section, a person learns that the person is the owner of a dangerous
dog when:
(1) the owner knows of one of the following:
a. the dog 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;
26
b. the dog 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; or
C. the dog has attacked and bitten another animal, with the exception of
wildlife, without provocation, on one (1) previous occasion; or
(2) the owner receives notice that a court has found that the dog is a dangerous dog
under section 14-153.
See. 14-155. Registration.
(a) The animal control authority shall annually register a dangerous dog if the owner:
(1) presents proof of:
a. liability insurance or financial responsibility, as required by section 14-154;
b. current rabies vaccination of the dangerous dog; and
C. the secure enclosure in which the dangerous dog will be kept; and
(2) pays an annual registration fee of $50.00.
(b) The animal control authority shall provide to the owner registering a dangerous dog a
registration tag. The owner must place the tag on the dog's collar, which collar must be
worn by the dangerous dog at all times.
(c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the
owner, not later than the fourteenth (14"') day after the date of the sale or move, shall notify
the animal control authority. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee of $25.00, the animal control authority
shall issue a new registration tag to be placed on the dangerous dog's collar.
(d) An owner of a registered dangerous dog shall notify the animal control authority of any
attacks the dangerous dog makes on a person or animal within twenty-four (24) hours of
the incident.
(e) An owner of a registered dangerous dog shall notify the animal control authority when the
dangerous dog dies.
27
Sec. 14-156. Attack by dangerous dog.
(a) A person commits an offense if the person is the owner of a dog determined by the court
to be a dangerous dog and the dangerous dog makes an unprovoked attack on another
person or animal outside the dangerous dog's enclosure and causes bodily injury to the
other person or animal.
(b) An offense under this section is a Class C misdemeanor.
(c) If a person is found guilty of an offense under this section, the court may order the
dangerous dog destroyed by a person listed in V.T.C.A., Health and Safety Code
§822.004.
Sec. 14-157. Violations.
(a) A person who owns or keeps custody or control of a dog declared by the court to be a
dangerous dog commits an offense if the person fails to comply with sections 14-152(b) or
14-154.
(b) Except as otherwise provided by law, an offense under this section is a Class C
misdemeanor.
Sec. 14-158. Defenses.
(a) It is a defense to prosecution under section 14-156 or section 14-157 that the person is a
veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person
employed by the state or a political subdivision of the state to deal with stray animals and
has temporary ownership, custody, or control of the dog in connection with that position.
(b) It is a defense to prosecution under section 14-156 or section 14-157 that the person is an
employee of the institutional division of the Texas Department of Criminal Justice or a law
enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under section 14-156 or section 14-157 that the person is a
dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code
ch. 1702.
28
ARTICLE VI. FEES
Sec. 14-171. Payment of fees generally.
The director shall be responsible for collecting all fees established and levied in accordance
with this chapter. The director shall have the authority to refund, waive or modify fees under this
chapter. Any refund, waiver, or modification of fees shall be documented by the director.
Sec 14-172. Fee waivers.
(a) The director may waive a fee assessed against an owner reclaiming an impounded animal
if.
(1) the animal control authority intends to destroy the animal;
(2) the owner presents a written statement of inability to pay; or
(3) the animal is sterile or the owner agrees to sterilize the animal.
(b) The director shall not assess a fee to a rescue organization for accepting the transfer of an
impounded animal
(c) The director may implement fee -waived adoption promotions.
Sec. 14-173. Poundage and boarding fees.
(a) The following shall be the fees charged as poundage and boarding for the impoundment of
animals as provided in this chapter:
(1) For taking up and impounding, per head:
a. Household pets, such as dogs, cats and other small animals ............ $25.00
b. Livestock......................................................................................... $100.00
(2) For the boarding of animals, per head, per day:
a. Household pets, such as dogs, cats and other small animals .............$5.00
b. Livestock...........................................................................................$25.00
(b) The charges specified in subsection (a)(1) of this section shall be:
29
(1) doubled should any animal be impounded on two different occasions within any
consecutive twelve (12) month period; and
(2) tripled should any animal be impounded on three or more different occasions within
any consecutive twelve (12) month period.
Sec. 14-173. Kennel license fees.
The annual kennel license fee shall be submitted with the application. The annual kennel
license fee shall be determined as follows:
(1) fewer than 11 dogs ..................................
(2) 11 to 19 dogs ..........................................
(3) 20 or more dogs .....................................
Sec. 14-174. Adoption fees.
................................................... $ 50.00
................................................. $100.00
................................................. $200.00
The following fees are established for animal adoptions from the city's animal services
facility:
(1) If the animal is already spayed or neutered:...................................................$50.00
(2) If the animal is not already spayed or neutered:.............................................$25.00
(3) Animals, other than dogs or cats, that are allowed to be
owned or possessed within the city: ............................................................... $25.00
Sec. 14-175. Microchipping fees.
The following fee is established for animal microchipping from the city's animal control
facility:
Microchip.................................................................................................................... $10.00
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
30
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the set of circumstances
shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances; and to this end, all provisions of this ordinance are declared to be severable.
Section 5: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND NO/ 100 DOLLARS ($2,000.00) for offenses constituting public nuisances
and FIVE HUNDRED AND NO" 100 DOLLARS ($500.00) for all other offenses. Each act of
violation and each day upon which any such violation shall occur shall constitute a separate
offense.
Section 6: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption
of this ordinance to be published in the official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the I P day of August, 2020.
BRANDON CAPETILLO, May r
ATTE —
co64 �.
LE CIA BRYSCH, Ci erk ; o
00
�a81. w o
APPROVED AS TO FORM:
2iqa2i�-j
KXWVN L. HORNER, Interim City Attorney
R: Xaren Files'.City Council Ordinances\2020Wugust 13\Animal Control Ordinance Clean 08052020 Revised 08132020.docx
31