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1993-057City of Southlake, Texas RESOLUTION NO. 93-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING ANIMAL CONTROL PROCEDURES AND THE RELATED FEES IN ACCORDANCE WITH CITY ORDINANCES AND THE INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE, TEXAS. WHEREAS, the City Council of the City of Southlake has adopted City Ordinance No. 530 regulating animal control, and WHEREAS, City Ordinance No. 530, Article VII, Section 7.03 calls for policies to be adopted establishing impoundment procedures, fees, redemption of animals, and disposal of animals, and WHEREAS, City Ordinance No. 530, Article IX calls for a resolution to establish the animal control related fees, and WHEREAS, the City Council of the City of Southlake has entered into an interlocal agreement with the City of Grapevine, Texas to provide for animal control services, and WHEREAS, said interlocal agreement for animal control services provides that the same services are provided to the citizens of Southlake that are provided to the citizens of Grapevine, and same fees collected, and all said fees are the property of the City of Grapevine, Texas, NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, Texas, that: SECTION 1. Adopts the animal control operational guidelines as developed by the Director of Public Safety for the Southlake Department of Public Safety in consultation with the City of Grapevine's Chief of Police, and as may from time to time be amended by the Director of Public Safety. SECTION 2. Adopts the fee structure for animal control related fees as developed and adopted by the City of Grapevine, and as may from time to time be amended by the Cit of Grapevine. PASSED AND APPROVED THIS THE A DAY OF , 1993. T H L q ISoA 314 i Ea e.,a f lf 111111 t/H 1t`,` gandra L. LeGrand City Secretary b 93-57.REE/ORD&RES/kb CITY OF SOUTHLAKE, TEXAS lGary Fickes, ayor CITY OF SOUTHLAKE ANIMAL CONTROL PROCEDURES The City of Southlake has entered into an interlocal contractual agreement with the City of Grapevine to provide the City of Southlake animal control service assistance. The roles, duties, and responsibilities established herein are enacted to facilitate the terms of the interlocal contract and to provide a high quality of service to the citizens of Southlake. Members of the Southlake Department of Public Safety adhere to the following operational procedures with regard to animal control related calls: 1. When a citizen requests animal control services, the Southlake Police undertake the role of providing or obtaining the requested service through our Department. Members refrain from instructing the person to telephone Grapevine direct, as Grapevine will not respond to requests for service made directly from a Southlake citizen. The request for service must be made through the Southlake Communications Center. If a citizen contacts Grapevine first, Grapevine will direct the citizen to contact Southlake Communications Center. (Exception: Although it is preferred that bite/scratch calls be originated through the Southlake Communications Center, Grapevine will respond to a bite/scratch call made directly to their office by a citizen; Grapevine will then immediately notify Southlake of the call for service.) 2. A Southlake Police Officer is dispatched to all animal related calls for service within the corporate limits of the City of Southlake. 3. Grapevine will have an animal control officer available from 0800 hours until 1700 hours seven (7) days per week. The Grapevine animal control facility will be open from 0800 hours until 1700 hours, Monday through Friday, and from 0900 hours to noon on Saturday to provide the standard level of service. All requests for Grapevine Animal Control services made at any other time are limited to a bite/scratch call or an emergency condition. Requests are made by Southlake Communication personnel during Grapevine's normal operational hours by telephoning the Grapevine Animal Control Office direct, and after hours by telephoning the Grapevine Police dispatcher. Page 2 4. Any citizen requesting assistance for a stray dog or cat is provided service under the following steps: A) A Southlake police officer is dispatched to the location to determine if the animal is present and to attempt to locate an owner in the immediate vicinity. B) If the animal is present and the animal owner is located, the owner retrieves the animal, and the officer takes appropriate action (citation, warning letter, et cetera). C) If the animal is still present, and the owner of the animal cannot be located or is unknown, the officer may request a Grapevine Animal Control unit during Grapevine Animal Control's normal operational hours. However, if the animal is still present, and it is after Grapevine Animal Control's standard operational hours, the officer resolves the issue, up to and including seizing the animal. Grapevine Animal Control may be contacted if some exigent and/or emergency condition exists. Assistance may also be obtained from the Tarrant County Humane Society. 5. Southlake police officers address all livestock related calls. If the call regards loose livestock, the officer attempts to locate the owner and/or resecures the animal in the appropriate confinement area. If the animal cannot be resecured by the officer, the Tarrant County Constable or other designated private company is contacted to capture and secure the animal. If the animal is injured, assistance may be requested through the Tarrant County Humane Society. 6. The following action is taken regarding reports of lost, missing, stolen, or found animals: A) If a citizen calls to advise that their animal is lost, missing or stolen, a description of the animal is obtained and noted in a "lost and found animal" log maintained by the Southlake Communications Center. The Southlake communicator also telephones Grapevine Animal Control and advises them of the lost animal report information. If it occurs after Grapevine Animal Control's standard operational hours, the information is temporarily held and forwarded to Grapevine's Animal Control Office at the next available time. Page 3 B) If a citizen calls to advise that they have in their possession an animal that has been found, a description of the animal is obtained and noted in a lost and found" animal log maintained by the Southlake Communications Center. The Southlake communicator also telephones Grapevine Animal Control and advises them of the found animal information. If it occurs after Grapevine Animal Control's standard operational hours, the information is temporarily held and forwarded to Grapevine's Animal Control Office at the next available time. C) The City of Southlake maintains a log, current to 30 days, of all animals which are seized or which are reported lost, stolen, missing or found. D) The communicator making an entry of a seized, lost, stolen, missing, or found animal compares the reported animal description to the existing list to determine if any animal which has been reported found or which has been impounded may be one that was earlier reported as lost, stolen, or missing. If a possible match is discovered, the communicator notifies the Grapevine Animal Control Center. If it occurs after Grapevine Animal Control's standard operational hours, the information is temporarily held and forwarded to Grapevine's Animal Control Office at the next available time. E) This list shall be for the exclusive use of the animal control officer and related personnel and shall not be considered public record, however, any person, firm, or corporation may make inquiry regarding a specific described animal and shall be informed of any record of such animal having been reported as lost, stolen, missing, found or impounded. Statistical data shall be construed to be public record. 7. All animal bites/scratches are investigated by Grapevine Animal Control. Grapevine is to be contacted by the Southlake communicator any time there is an animal bite/scratch report, including those times outside of Grapevine Animal Control's standard operational hours. Grapevine considers a bite/scratch an emergency priority call for service. If there is serious injury to the person, the Southlake Officer completes an Incident Report providing the details of the case. Page 4 8. If a call is received during Grapevine Animal Control's standard operation hours regarding a vicious animal, Grapevine Animal Control is contacted to respond and a Southlake Police Officer is dispatched to assist. If the call is received at any other time, a Southlake Police Officer is dispatched to evaluate the scene; if the animal is confirmed as an immediate threat to the life, health, or safety of any other animal or person, Grapevine Animal Control may be contacted in accordance with exigent or emergency conditions. Assistance may also be obtained from the Tarrant County Humane Society. 9. The City of Southlake requires by City Ordinance that every dog and cat have a veterinarian vaccination tag. There are no other licenses or registration of dogs or cats required or offered by the Southlake Department of Public Safety. 10. Wildlife calls are handled in the same manner as a stray dog/cat call for service. 11. The following action is taken regarding reports of Injured animals: A) If the call is received during Grapevine Animal Control's standard operational hours, Grapevine Animal Control is contacted to respond to the call. B) If the call is received at any other time, a Southlake Police Officer is dispatched to handle the call. 1) If the animal's owner can be identified and located, the animal's owner is responsible for removal of the animal to an emergency care facility. Assistance from Southlake officers is provided upon such request. 2) If the animal's owner cannot be identified or located, Grapevine Animal Control is contacted to secure the animal. Assistance may also be obtained from the Tarrant County Humane Society. Page 5 12. Grapevine Animal Control may be contacted after their standard operational hours, (a) when the call involves a bite/scratch, (b) when the call involves unusual or exigent circumstances that dictate the need for immediate or emergency animal control services that cannot otherwise reasonably be accomplished by the Southlake Police Services personnel. Tarrant County Humane Society may be contacted in those cases where immediate assistance is necessary and Grapevine Animal Control is unavailable to respond, or when such contact is in the best interest of providing the requested service as determined by the supervising officer on the scene. 13. Citizens requesting to drop-off a found or unwanted animal should be directed to deliver the animal directly to the Grapevine Animal Control Shelter during the shelter's standard operational hours. If the request is made during any time the Grapevine Animal Control Shelter is closed, a Southlake Officer may be dispatched to place the animal in the temporary holding cage. 14. All complaints received at the City of Southlake regarding the animal control services provided, regardless of whether or not the complaint involves a City of Grapevine employee, are forwarded directly to the Southlake Director of Police Services. The Southlake Director of Police Services will coordinate the complaint process with the City of Grapevine when appropriate or when such complaint involves a City of Grapevine employee. 15. Reports of exotic animals are investigated by Southlake Police Services. Grapevine Animal Control may be contacted during their standard operational hours for assistance as needed. 16. The City of Southlake conducts the inspections of all commercial animal establishments requesting issuance of permits as required by City of Southlake Ordinance. Such inspections are conducted by the Code Enforcement Officer for the City of Southlake. The following procedures apply to the issuance of a permit for a commercial animal establishment: A) Upon receipt of an application for a commercial animal establishment permit, the Code Enforcement Page 6 Officer inspects the facility prior to issuing the permit. If any deficiencies exist that prohibit the issuance of a permit, the Code Enforcement Officer notifies the applicant in writing, within ten (10) working days, advising of the specific deficiencies. B) It shall be a condition of the issuance of any permit or license that the City of Southlake shall be permitted to inspect all animals and the premises where animals are kept at any time during normal business hours of the licensed premises. Refusal of permission to inspect the premises under the conditions stated herein shall constitute grounds for revocation of the permit. C) The permit shall be prominently displayed at the commercial animal facility. D) If after issuance of the permit any establishment is found to be in violation of the City ordinances promulgated at the time of the issuance of the permit or violation of the provisions contained herein, such establishment shall be notified in writing of the specific violations and afforded a reasonable time, not to exceed thirty (30) days, in which to comply. Failure to comply with the City ordinances or the provisions stated herein shall constitute grounds for revocation or denial of renewal of the permit. E) The Director of Health shall notify the person, firm, or corporation in writing of intent to revoke the permit. Such notice shall be mailed certified mail to the address shown on the application. Such person, firm, or corporation shall have ten (10) calendar days from the date of receipt (or refusal) in which to request a hearing before the Director of Health on a date and time to be determined by the Director of Health. Upon the expiration of ten (10) days or on the date of the hearing, if such hearing is beyond the ten (10) days, the Director of Health may elect to continue or to revoke the permit. The permit holder shall be notified in writing of the decision. If the Director of Health revokes said permit, said permit holder may make a written request within ten (10) calendar days to the office of the City Manager for an appeal of the decision to revoke the permit. The City Manager shall review the facts presented by the permit holder and the Director of Health. The City Manager may uphold or reverse the Page 7 revocation. The City Manager notifies the permit holder in writing of the decision. The decision of the City Manager is final. The permit shall be deemed finally revoked only after the time period for the appeal has lapsed or the City Manager has rendered a decision subsequent to an appeal review. F) Any person whose permit or license is revoked shall, within ten (10) calendar days thereafter, humanely dispose of all animals owned, kept, or harbored on the premises. No part of the permit fee is required to be refunded. G) Any person having a permit revoked may not re -apply for another permit for a period of thirty (30) days. H) The following shall constitute grounds for denial of issuance or revocation of a permit: 1) Any owner or employee has been convicted of a charge of cruelty to animals, fraud in business practices, or deceptive business practices. 2) Any information provided on the application is determined to be withheld or falsified. 3) Any violation of the any city ordinance relative to the establishment, any local, state or federal laws regulating possession, care or treatment of animals. I) When an applicant for a commercial animal establishment permit has shown that he is willing and able to comply with and has complied with the regulations promulgated and universally applied, a permit shall be issued upon payment of the applicable fee. J) The permit period shall begin with the calendar year and shall, unless revoked, be valid for one year. Renewal applications for permits may be made thirty 30) days prior to, and are due at, the start of the calendar year. Application for a permit to establish a new commercial animal establishment under the Page 8 provisions of this chapter may be made at any time. The fees for a new establishment shall be prorated per months left in the calendar year. 17. In cruelty and abandonment cases, a Southlake Police Officer is dispatched to investigate and generate the appropriate reports. Cruelty and abandonment follow-up cases are investigated by and appropriate charges filed through the Southlake Police Services Criminal Investigation Division. Assistance may be requested from either Grapevine Animal Control or the Tarrant County Humane Society as deemed necessary by the Southlake police officer or detective investigating the case. 18. Members of the Southlake Department of Public Safety adhere to the following guidelines for use of the temporary holding cages. A) The animal is examined for tags which will assist in determining ownership. B) When an animal is temporarily confined at the police building, the officer removes the holding cage from storage and positions it on the concrete surface immediately east of the outside jail entrance. The cage is to be secured to the metal stairwell post with a chain and lock in such a manner so as to protect the cage from unauthorized removal and to secure the door to prevent unauthorized removal of the animal. Care is given to position the cage so as to not pose any reasonable likelihood of interfering with officer/prisoner ingress or egress. C) The officer ensures that adequate water is available for the animal during the animals stay at the Department of Public Safety building. D) The officer informs the communicator of the type of animal seized and requests contact for appropriate disposition; (ie., contact Grapevine Animal Control, contact the owner, etc.). The communicator makes the designated contacts and advises the requesting officer upon its completion. Page 9 E) When the person arrives to retrieve the animal, including a Grapevine Animal Control Officer, an officer reports to the station to conduct the release. The officer obtains the key for the padlock from the communications center and releases the animal to the person. The officer then cleans the cage, re -secures the cage in storage, returns the key to the communication center, and completes any appropriate paperwork. 19. Animals (other than those involving a bite/scratch) seized and temporarily housed at the Southlake Police Services building may be retrieved by the owner ONLY if the owner provides proof of current rabies vaccination on the animal seized. No fines or fees are required to be collected at the time of the release. 20. The fee structure for all animal related services are established by the City of Grapevine and all such fees are collected by the Grapevine Animal Control Shelter. No animal control fees are collected by the City of Southlake. 21. The Southlake Director of Police Services, working in conjunction with Grapevine Animal Control, establishes a program of public education and awareness regarding animal control matters. Such programs may include, but are not necessarily limited to: newspaper articles, newsletter mail -outs, pamphlets, or special public awareness program presentations through local civic, volunteer, or community service organizations. 22. The Cities of Grapevine and Southlake maintain separate Chain of Command structures for personnel employed by their organizations. The ranking Southlake Police Officer arriving at any animal control call scene is the officer in charge of all scenes within the corporate limits of the City of Southlake. 23. Southlake police officers may issue appropriate citations regarding animal control violations. Such citations are handled in accordance with the standard operational procedures for all other citations issued by officials of the City of Southlake. Page 10 24. When an animal is temporarily seized for the purpose of safekeeping in those cases where the animal's owner is temporarily unavailable to care for the animal, (owner arrested, owner involved in accident, etc.), the officer makes a reasonable attempt to locate a family member or friend of the animal owner to assume care, custody, and control of the animal as soon as practical and while the animal is in the control of the City of Southlake. No fines, fees, or vaccination receipts are required for the animals release in these cases. If the animal is placed under the care of Grapevine Animal Control, the Southlake officer provides the Grapevine animal control officer any available information that will assist in contacting someone to take care, custody, and control of the animal, and the disposition of the animal is undertaken in accordance with the policies and procedures for Grapevine's Animal Control. 25. All requests for live traps are made to and responded by Southlake personnel. An animal trap log is maintained by the Southlake Communications Center. The following guidelines are followed regarding the use of live traps: A) When a request is made for use of a live trap, the officer assigned to the call first determines the validity of the need. If the need is validated, the officer checks with the on -duty Communicator to determine the availability of said trap as indicated by the "animal trap" log. 1) If the trap is currently in use, the officer informs the citizen that their name may be placed on a waiting list if so desired. If the citizen desires to be placed on the list, the officer notifies the communicator of the request and provides the communicator with the necessary information (name, address, telephone number, and reason for need). The communicator places the information in the "animal trap" log. 2) If the trap is immediately available, the officer undertakes placement of the trap in accordance with these guidelines. Page 11 3) When the live trap is to be employed, the officer confirms that the citizen will agree to the conditions for the use of the trap: (1) the citizen will contact Southlake Communications when any animal is captured, (2) the citizen will maintain fresh food bait in the trap, and the (3) maximum use period is seven (7) days. The officer then delivers the trap to the location and assists the citizen in its initial set-up. The officer then notifies the communicator of the trap setting. The communicator records the information in the "animal trap" log. C) The day -shift police services supervisor checks the animal trap" log each day. If a trap is deployed, the supervisor ensures that the trap is checked at least once during the shift to determine if any animals are trapped. D) When an animal is captured, the procedures for responding to a stray animal are followed. E) Upon completion of the trap use, the officer checks with the communicator to determine if there is anyone on the waiting list for its use. If so, the officer deploys the trap to the appropriate location. If not, the officer returns the trap to storage. 26. In order not to contaminate any Police K-9 area, no animals other than the police K-9 is to be placed in any cage, holding area, or transport unit designated for use by the police K-9. 27. Animals which are required to be quarantined are maintained in accordance with the requirements established by the Grapevine Animal Control Office. 28. The Grapevine Animal Control Officer or the Director of Police Services for the City of Southlake may require the removal of an animal from the corporate limits of the City of Southlake for any one of the following reasons: A) Impoundment of an animal by the city on three (3) or more occasions within a calendar year. Page 12 B) Conviction of three or more separate violations of the City of Southlake's animal control ordinance, or other local, state, or federal laws regulating animals, within a calendar year. C) Upon determination by the Grapevine Animal Control Officer or the Director of Police Services for the City of Southlake that the animal is a vicious or dangerous animal. D) Upon notification that the animal has an illness or disease which is communicable to humans or other animals. The animal control officer or the Director of Police Services, whomever initiates the removal order process, notifies the person, firm, or corporation in writing of notice to remove said animal from the corporate limits of the City of Southlake. Such notice is mailed certified mail to the last known address of the owner. If such mail is returned undelivered, a copy of the letter is posted for public notice. Such person, firm, or corporation shall have ten (10) calendar days from the date of receipt (or posting as a public notice) in which to request a hearing before the Director of Public Safety on a date and time to be determined by the Director of Public Safety. Upon the expiration of ten (10) days, or on the date of the hearing if such hearing is beyond the ten (10) days, the Director of Public Safety may elect to uphold or to revise or reverse the order. The animal owner shall be notified in writing of the decision in the same manner as described above. If the Director of Public Safety upholds said order, the animal owner may make a written request within ten (10) calendar days from the date of notification of the decision to the office of the City Manager for an appeal of the decision. The City Manager shall review the facts presented by the license holder and the Director of Public Safety. The City Manager may uphold, revise, or reverse the order. The City Manager shall notify the license holder in writing of the decision within ten (10) calendar days of the date of the review. The decision of the City Manager is final. The order shall be deemed final after the time period for the appeal has lapsed or the City Manager has rendered a decision subsequent to an appeal review if such review is conducted. Page 13 Any person whose has been given notice to remove an animal shall, within ten (10) calendar days thereafter, remove said animal from the corporate city limits or humanely dispose of the animal owned, kept, or harbored on the premises. No animal which has been ordered removed from the corporate limits of the City of Southlake shall be kept, maintained, or harbored anywhere within the corporate limits of the City of Southlake. 29. Whenever any premises where animals are kept are in an unsanitary condition, or the facilities are not in keeping with the provisions contained herein or any other regulations, or if any health ordinance or law is not observed, the animal control officer, health officer, code enforcement officer, or police officer, by written notice to the person responsible for the condition of the premises or the keeping of the animals or the person owning or in control of such premises, may order the abatement of the conditions which are not in accordance with such regulations or conditions which constitute a nuisance. Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the city to obtain relief by injunction. 30. Authority to transfer title. The animal control officer may transfer title of an animal in accordance with the provisions contained herein and with the provisions contained in state law. In the event of such transfer of title, the person or agency to whom title is transferred may be required to pay for such animal's food and care while in the animal shelter and shall comply with the other provisions contained herein. 31. The animal control officer or a police officer may humanely destroy any animal when such disposition is deemed necessary by the officer and when in compliance with the provisions contained herein. 32. The redemption of animal, other than estrays, which have been placed in the care, custody, and control of the Grapevine Animal Control Office, may be redeemed by the animal owner under the provisions and guidelines of redemption as established by the Grapevine Animal Control Office. The redemption of any other animal is as follows: Page 14 A) Any impounded animal may be redeemed upon payment of any reasonable impoundment charges, care and feeding charges, veterinary charges, rabies vaccination charges, and such other costs as set by such person, firm, company, or agency holding said animal. B) If such animal is not redeemed prior to the expiration of seventy-two (72) hours, said animal shall be deemed abandoned and said animal may be transferred to another facility, placed for adoption or humanely euthanized. C) The animal may be released to the owner pending the results of any related municipal court hearing or administrative process, with or without fee charges, if in the opinion of the animal control officer or the Southlake Director of Police Services, such release poses no reasonable expectation of threat to human or animal life. Nothing herein shall be construed to require such release. 33. In the absence of action by the County Sheriff's Office or the County Constables Office, the responsibility for taking up any estray that may be found in and upon any street or alley, or in or upon any unenclosed lot in the city or otherwise to be found at large, and to confine such estray for safekeeping rests with the Southlake Department of Public Safety under the following guidelines: A) When an estray is impounded, the officer notifies the communicator of the following information: 1) The name and address of the person reporting the estray, when known. 2) The location of the estray when found. 3) The impoundment location of the estray. 4) A description of the animal including its breed, color, sex, age, size, all markings of any kind, and any identifying characteristics. Page 15 B) The communicator enters such information in the estray" log. Such records shall be for the exclusive use of the animal control officer and related personnel and shall not be considered public record; however, any person, firm, or corporation may make inquiry regarding a specific described estray and shall be informed of any record of such estray. Statistical data shall be construed to be public record. C) The owner of an estray may recover possession of the estray at any time before the animal is disposed of under the provisions authorized by law, if: 1) The owner has provided the officer with an affidavit of ownership of the estray containing at least the following information: a. The name and address of the owner; b. The date the owner discovered that the animal was an estray; C. The property from which the animal strayed; d. A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics. 2) The officer has approved the affidavit of ownership; 3) The affidavit of ownership information has been recorded in the "estray" log; and 4) The owner has paid all estray handling fees to those entitled to receive them; D) If the ownership of an estray is not determined within fourteen (14) days, title to the estray rests in the city who may then cause the estray to be sold at auction or may pass ownership to the person, firm, agency, or corporation holding said estray, or in accordance with a court order. E) Title to the estray shall be deemed vested in the City of Southlake for purposes of passing a good title, free and clear of all claims, to the purchaser at the sale or the person to whom the estray is awarded. Page 16 F) During the period of time an estray is held by the person who impounded the estray or holds the estray, the estray shall not be used by any person for any purpose. G) If the estray dies or escapes while held by the person who impounded or holds the estray, the person shall report the death or escape to the animal control officer. The report information shall be filed in the "estray" log.