0530A ORDINANCE NO. 530-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, REPEALING ORDINANCE NO. 530; PROVIDING
RELATED DEFINITIONS; PROVIDING FOR THE REGULATION OF
DANGEROUS ANIMALS; PROVIDING FOR ADMINISTRATIVE
PROCEDURES RELATING TO DANGEROUS ANIMALS; PROVIDING
FOR PROCEDURES AND POLICIES TO FACILITATE THIS
ORDINANCE; PROVIDING PENALTIES; PROVING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake desires to establish regulations
for the guidance of those persons respons~le for the health, safety and general welfare of
the citizens, as well as to provide reasonable laws for the protection of citizens of Southlake
aid to provide for the destruction or removal from the City of animals determined to be
dangerous; and,
WttEREAS, the City Council desires to ensure the safe and humane care and
treatment of animals; and,
WHEREAS, the City Council desires to make the regulations relative to animal care
and control both clear and concise.
NOW~ THEREFORE, BE IT ORDAINED BY TIiE C1TY COUNCIL, CITY OF
SOUTRLAKE, TEXAS:
ORDINANCE NO. 530-A AMENDED
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Ei ( d•IJo sob
SOUTHLAKE, TEXAS, REPEALING ORDINANCE NO. 530; PROVIDING
RELATED DEFINITIONS; PROVIDING FOR THE REGULATION OF
DANGEROUS ANIMALS; PROVIDING FOR ADMINISTRATIVE
PROCEDURES RELATING TO DANGEROUS ANIMALS; PROVIDING
FOR PROCEDURES AND POLICIES TO FACILITATE THIS
ORDINANCE; PROVIDING PENALTIES; PROVING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake desires to establish regulations
for the guidance of those persons responsible for the health, safety and general welfare of
the citizens, as well as to provide reasonable laws for the protection of citizens of Southlake
aid to provide for the destruction or removal from the City of animals determined to be
dangerous; and,
WHEREAS, the City Council desires to ensure the safe and humane care and
treatment of animals; and,
WHEREAS, the City Council desires to make the regulations relative to animal care
and control both clear and concise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
SOUTHLAKE, TEXAS:
Article I. Definitions.
1.01. Definitions.
When used in this Ordinance and accompanying operating procedures, the following
words and terms shall have the following meanings ascribed and shall be so interpreted
unless the context indicates a different meaning:
ABANDONED means animals left unattended for a period greater than 24 hours on
private property, and by leaving such animal unattended, creating a threat to their health,
or animals released on public or private property w/th intent to desert the animal.
ANIMAL means a mammal, amphibian, reptile, fowl, or creature of the animal
kingdom, excluding a human being.
ANIMAL CONTROL OFFICER means any person or persons designated by the
City Council, the City Manager, Director of the Department of Public Safety, or the Health
Officer to enforce the provisions contained herein.
ANIMAL SHELTER means a publicly funded facility or it may be a private facility,
as designated by the City Council, operating under contract with the City.
CAT means an animal which is of the felis catus species.
CITY means the City of Southlake, Texas, or the corporate limits thereof.
CITY MANAGER means the City Manager of the City or his designee.
COMMERCIAL ANIMAL ESTABLISHMENT means any pet shop, grooming shop,
livestock auction, riding school or stable, zoo, circus, kennel or other establishment in which
animals are used for or are a primary part of commercial purposes, excluding livestock farms
and ranches.
COYOTE HYBRID means an animal which is a hybrid of the canis latrans and canis
familiaris species.
DANGEROUS ANIMAL means an animal that:
(a) without intentional provocation, bites or attacks a person or another animal
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
(b) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the animal
will attack and cause bodily injury to that person or his animal.
DIRECTOR OF PUBLIC SAFETY means the Director of Public Safety of the City
or his designee.
DOG means an animal of the canis familiaris species.
DOMESTIC ANIMAL means all species of animals commonly and universally
accepted as being domesticated.
ESTRAY means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack,
jennet, hog, sheep, goat, or any species of cattle or livestock.
EXOTIC ANIMAL means a mammal, amphibian, reptile or fowl which is not
naturally tame or gentle, and is generally not found in the wild in the continental United
States, and those regulated and defined by the Texas Parks and Wildlife as exotic.
GUARD DOG means any dog trained or primarily used for the purpose of protecting
persons or property by attacking or threatening to attack any person found within the area
patrolled by the dog, and that is either securely enclosed within that area at all times or
under continuous control of a trained handler.
HARBORING means the act of keeping or caring for an animal, or of providing
premises to which an animal returns to or is allowed to remain on for food or shelter, for
a period of 10 or more days.
IMPOUND means to place an animal in the city designated animal shelter, or the
taking into custody of the animal for the purpose of detaining or confining the animal by any
authorized person acting under the authority of this Ordinance or the direction of a police
officer.
KENNEL means 'kennel' as the term is defined in the City's Zoning Ordinance.
KITTEN means any cat which is under the age of six months.
LITTER means one or more puppies or kittens.
LIVESTOCK means animals commonly associated with farming, ranching, or
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recognized commercial production including, but not limited to, horses, mules, donkeys,
cattle, goats, sheep, and swine, and shall include ostriches and llamas.
OWNER means any person, firm, or corporation who has right of or property interest
in an animal, or allows an animal to remain on or about his premises for a period of 10 or
more days, or who has custody or control of an animal.
PUPPY means any dog which is less than the age of six months.
RABIES VACCINATION means the vaccination of a dog, cat, or other domestic
animal with an anti-rabies vaccine approved by the State Department of Health and
administered by or under the supervision of a licensed veterinarian.
STRAY ANIMAL, INCLUDING ESTRAYS means any animal, for which there is
no immediate identifiable owner or harborer, and which is found to be at large within the
corporate limits of the City.
WILD ANIMAL means ail species of animals which ex/st in a natural unconfined
state and are usually not domesticated and includes wolf hybrid and coyote hybrid.
WOLF HYBRID means an animal which is a hybrid of the canis lupus species and
canis familiaris species.
Article III. Animal Establishment Permits.
3.01. No person, partnership or corporation shall operate a commercial animal
establishment or kennel unless the establishment is located in a properly zoned area and
unless a permit has first been obtained in compliance with current City policies in reference
to this zoning.
3.02. If there is a change in ownership of a commercial animal establishment, the
new owner must apply for a new permit. Permits are not transferable,
3.03. Every facility regulated by this chapter shall be considered a separate enterprise
requiring an individual permit.
3.04. No fee may be required of any veterinary hospital, animal shelter, government
operated zoological park, school district, omc or charitable organization.
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Article IV. Animal Control.
4.01. Restraint.
(a) Every female dog or cat in the state of estrus, commonly referred to as being
in season or in heat, shall be confined in a building or secure enclosure in such a manner
that such female dog or cat cannot come into contact with another animal except for
planned breeding.
(b) It shall be unlawful for an owner to allow any animal to molest or intimidate
pedestrians, passersby or vehicles.
(c) It shall be unlawful for an owner to allow any animal to damage, soil, defile,
or defecate on private or public property, other than that of the animal's owner. It shall be
a defense to the violation of allowing an animal to so defecate on private or public property
if the owner immediately removes and properly disposes of the animal defecation.
(d) It shall be unlawful for an owner to allow any animal to make noises in an
excessive continuous or untimely fashion which causes unreasonable annoyance, disturbance
or discomfort to a neighbor or others in close proximity to the premises where the animal
is being kept or harbored. These noises include, but are limited to, barks, whines or howls.
(e) It shall be unlawful for an owner to allow any animal to run at large and not
be restrained by means of a leash or chain of sufficient strength and length to control the
actions of such animal while on public property or on property other than that of the owner
of the animal.
Exceptions: This provision does not pertain to any animal within an automobile or
motor vehicle of its owner or owner's agent, provided that when unattended said animal
cannot exit or leave the confines of said vehicle or is in the immediate visual or verbal
proximity to the owner and under the immediate verbal control of this owner.
(0 When on the owner's property, and not within visual proximity and verbal
control of the owner, the animal must be confined to the premises by a substantial fence of
sufficient design, density, strength and height to prevent the animal from escaping therefrom,
or secured on the premises by a metal chain or leash sufficient in strength to prevent the
animal from escaping from the premises, or any other device suitable to ensure the animal
remains on the premises of its owner.
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4.02. Care and keeping of animals.
(a) It will be unlawful for an owner to: fail to provide his animal(s) with sufficient
wholesome and nutritious food, water in sufficient quantities, adequate ventilation, shelter
space, protection from the weather and veterinary care when needed.
(b) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise
abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or any other
combat between animals or between animals and humans.
(c) No person shall expose any known poisonous substance, whether mixed with
food or nc3t, so that the same shall be liable to be eaten by an animal except, that it shall
be lawful for persons to expose on is own property common rat poison, mixed only with
vegetable substance if mixed, and located in a manner reasonably likely to prevent ingestion
by animals other than rodents.
(d) No person, except a person licensed by the Texas Parks and Wildlife
Department, shall place or set out steel jaw leg and/or neck traps with the intent of trapping
any animal.
(e) No person shall own, possess, or have custody of on his premises any wild
animal, including a wolf hybrid and coyote hybrid, or dangerous animal or reptile, provided,
however, a person may keep a dangerous animal if he has complied with the provisions of
Chapter 822 of the Texas Health and Safety Code and the provisions of Article VII of this
Ordinance, if applicable. This section shall not apply to zoological parks, performing animal
exhibitions, circuses, or veterinary hospitals.
(t) No person shall keep or permit to be kept any exotic animal.
(g) Fowl, rabbits and guinea-pigs must be kept in a secure pen or enclosure. Any
enclosure in which fowl, rabbits or guinea-pigs are kept must be cleaned and disinfected on
a frequency sufficient to prevent any unsanitary conditions. No more than a total number
of six fowl, rabbits or guinea-pigs, or a combination of fowl, rabbits or guinea-pigs, whose
number equals six, shall be kept on any premises except where permitted by the municipal
zoning Ordinance under regulations relating to agricultural or commercial operations.
(h) It shall be unlawful to keep bees in such a manner as to deny the reasonable
use and enjoyment of adjacent property or endanger the personal health and welfare of the
inhabitants of the City.
(I) The owner of every animal shall be responsible for the removal and lawful
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disposition of any excrement deposited by his animal(s) on public or private property
including his own when such waste has accumulated in such quantities or in such manner as
to become a health and sanitation hazard in the opinion of the Animal Control Officer.
(j) All feed provided for animals, excluding bailed hay products for livestock, shall
be stored and kept in boxes, containers, or receptacles. Horse stables, livestock farms and
ranches w/thin the corporate city limits must carry out a continuous and active rat and fly
control program.
(k) It shall be unlawful for the owner, operator, agent or driver of any truck,
trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl
to park in or on any roadway, highway, street, alley, vacant lot or tract of land, either public
or private, or in any service station or garage within the corporate limits of the City, w/th
said vehicle containing manure, excrement or liquid discharge of such livestock, animal or
fowl, when such vehicle emits an odor, gas, or fumes caused by the contents of the vehicle,
which would be reasonably expected to be offensive to persons of reasonable sensibilities
who might be in the immediate vicinity.
(1) It w/Il be unlawful for the owner, operator, agent or driver of any such vehicle
to fail or refuse after having been notified by a police officer, Animal Control Officer, health
officer, or Code Enforcement Officer to move such vehicle to a location that would not
disturb the inhabitants of the City.
(m) The City shall have the authority to immediately remove such vehicle when
said vehicle is in violation of (k) and (1) of this section provided such removal is in
accordance with state law.
(n) No person shall abandon an animal within the city regardless of the origin of
the animal.
(o) It shall be unlawful for any person to allow an estray to be unattended upon
a public street, alley, thoroughfare or upon property of another in the corporate limits of the
city without proper permission. The burden to prevent such action shall rest with the person
having ownership or right to immediate possession of such estray.
(p) Those animals that fit the definition of estray are subject to impoundment in
accordance of the policies and procedures related to this Ordinance.
(q) It will be unlawful for an owner who is not operating a Kennel as provided in
the City's Zoning Ordinance, to keep in any place on property that is less than one (1) acre,
more than four dogs, more than four cats, or any combination of dogs and cats where the
f:\files\slake\ordinance\animal-7.rd (07-31-96) Page 7
total exceeds four animals over the age of six months; in any place on property that is larger
than one (1) acre, the number of combined dogs and cats shall not exceed six animals.
4.03. Guard Dogs.
All dogs trained for the sole purpose of protecting property or persons shall
be registered with the City. The area or premises in which such a dog is confined shall be
conspicuously posted with warning signs bearing letters not less than two inches high, stating
"GUARD DOG ON PREMISES."
Article V. Animal Shelters.
5.01. Standards for Animal Shelters.
(a) Each animal shelter operated in this City shall comply with the standards for
housing and sanitation as set forth by the Texas Department of Health.
(b) An animal shelter shall separate animals in its custody at all times, by specie,
by sex if known, and if the animals are not related to one another, by size.
(c) An animal shelter may not confine healthy animals with sick, injured, or
diseased animals.
(d) Each person operating an animal shelter shall keep records of the date
disposition of the animals in its custody, and shall maintain the records on the premises of
the animal shelter, and shall make the records available for inspection by the Animal
Control Officer at reasonable times.
5.02. Prohibited Methods of Death.
(a) A person commits an offense if a person kills a dog, cat or small animal in the
custody of an animal shelter by shooting, except in emergency field conditions, by clubbing,
by using a decompression chamber, or by administering any of the following:
(1) unfiltered or uncooled carbine monoxide;
(2) curariform drugs, used alone, including curare, succinylcholine,
pancuroniun, and glyceryl fenesin;
(3) magnesium salts, used alone;
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(4)
(5)
(6)
chloral hydrate;
nicotine; or
strychnine.
Article VI. Rabies Control.
6.01. Rabies Vaccination.
(a) It shall be unlawful for any person to own, keep, harbor, or have custody or
control of a dog or cat over the age of four months within the City unless such a dog or cat
is currently vaccinated against rabies by the injection of anti-rabies vaccine by or under the
direct supervision of a licensed veterinarian.
(b) A certificate from the veterinarian administering the vaccine is required, and
such certificate shall contain the information as stated in the policies of this Ordinance, and
shall meet the minimum standards approved by the Texas Board of Health.
(c) Every veterinarian whose office or place of business is located within the City
and eveE~ veterinarian designated by the City to provide services pursuant to this Ordinance,
whose office or place of business is located within or outside the City, shall keep detailed
records of animal rabies vaccinations and, upon request of the Health Officer or Animal
Control Officer, shall provide a listing of rabies vaccinations to the Animal Control Officer.
The listing shall include the owner's name and address, animal species, gender, date of
vaccination, and whether the animal has been altered.
(d) The veterinarian administering the rabies vaccination shall issue a rabies tag
to each dog and cat vaccinated. Each dog and cat shall wear the tag attached to a properly
fitted collar or harness at all times. The tag shall contain the following information:
(1) The veterinarian's phone number;
(2) The year for which the vaccination is current; and
(3)
animal's records.
An identification number by which the veterinarian can identify the
(e) Every owner of a dog or cat immunized against rabies as required herein shall
procure a rabies vaccination certificate from the veterinarian administering the vaccine.
Such certificate shall contain the following minimum information:
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(1) The owner's name, address, and telephone number.
(2) A description of the animal vaccinated.
(3) Date vaccinated.
(4) Veterinarian's signature and license number.
6.02. Reporting rabies and transmissible diseases.
(a) Any veterinarian who shall find any animal within the city limits afflicted with
rabies or any other disease which is transmissible from animal to humans shall immediately
report to the city health officer or Department of Public Safety such case together with the
name and address of the owner, if known, and the location of the premises where the animal
can be found.
(b) Persons having knowledge of any animal exhibiting symptoms of rabies, or that
has bitten, scratched or otherwise attacked an individual or other animal, or that the person
suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall
report the animal or incident to the Animal Control Officer, Department of Public Safety,
or the Rabies Control Officer as soon as possible, but not later than 24 hours from the time
of the incident. The report shall include the name and address of any victim and the owner
of the animal, if known, and any other information known and relating to the incident or
animal.
(c) Every physician or other medical practitioner who treats a person for any
animal bite shall, within 24 hours, report such treatment to the Animal Control Officer,
giving the name, age, sex and precise location of the bitten person and such other
information as the City designee may require.
6.03. Impoundment.
Every animal that has rabies or symptoms thereof, or every animal that is
believed to have rabies, shall be impounded in accordance with the policies and procedures
of this Ordinance. It shall be unlawful for an owner of such an animal to refuse to surrender
such animal to the Animal Control Officer.
6.M. Use and sale of rabies vaccine.
The provisions restricting the use and sale of rabies vaccine for animals as set
forth in Chapter 826 of the Health and Safety Code, are hereby adopted by reference, a
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copy of which is on file in the office of the City Secretary, and as amended from time to
time.
7.01. Applicability.
Article VII. Dangerous Animals.
The administrative procedures of this Article shall apply to any animal which has
bitten or attacked a person or another animal, or has committed unprovoked acts which
cause a person to reasonably believe that the animal will attack and cause bodily injury, and
for which a complaint has been filed in accordance with this ordinance.
7.02. Complaint.
(a)
Safety:
The following persons may file a written complaint with the Director of Public
(1) A person who has been bitten or attacked by an animal; or
(2) A person who owns an animal which has been bitten or attacked; or
(3) A person who has knowledge that an animal has committed unprovoked
acts which lead the person to reasonably believe that the animal will attack and cause bodily
injury to that person or his animal; or
(4) A peace officer.
(b) The complaint shall be filed with the Director of Public Safety within 48 hours
of the time the person or animal was attacked or bitten.
(c) The person making the complaint shall sign the complaint before a notary.
If the person required to sign the complaint is a minor or is incapacitated, the person's
parent, guardian or legal representative shall sign the complaint.
7.03. Complaint procedures.
The complaint shall be on a form provided by the City and shall contain the following
information:
(a) The name, address and telephone number of the person attacked or bitten or
the owner of the animal attacked or bitten, as the case may be.
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(b) The facts and circumstances of the incident, including the date, time and
location, a description of the animal complained of, and if known, the name, address and
telephone number of the owner of the animal complained of and of any witness to the
attack.
(c) If applicable, the complaint shall be accompanied by a written statement from
a physician or veterinarian, as the case may be, showing that the person or animal attacked
or bitten was examined or treated within 48 hours of the incident and stating the nature and
extent of any injuries suffered. If the person or animal attacked or bitten dies from the
attack and a public safety officer observes the deceased, the officer's written statement of
his observations shall substitute for the physician's or veterinarian's statement.
(d) The Director shall set a time for a hearing to determine whether the animal
attacked or bit the person or animal or has committed unprovoked acts which cause a
person to reasonable believe that the animal will attack and cause bodily injury to that
person or his animal. The Director shall give written notice of the time and place of the
hearing, not less than five days prior to the hearing date, by personal service or certified
mail, to the owner of the animal and the person who made the complaint.
(e) If written notice cannot be given by personal service or mail, then the notice
shall be published one time in the official newspaper of the City at least five days prior to
the date of the hearing.
7.04. Hearing.
(a) The Director shall hold the hearing not later than the 10th day after the
receipt of the complaint. The Director may continue the hearing to a later date upon:
(1) The written request of the owner of the animal complained of, if good
cause is shown; or
(2) Upon the written statement of the physician of a person injured by the
animal stating that the person is not medically able to attend the hearing.
(b) At the hearing, all interested persons may present testimony. All persons
wishing or called to give testimony shall be sworn and may be questioned by the Director,
the complainant, and the owner of the animal complained of. The Director may receive,
elicit and consider all evidence he considers relevant on the issue of whether the animal
complained of would be a danger to the community if not destroyed, including but not
limited to the following:
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(1) The seriousness of the attack or biting, or unprovoked acts and the
attendant medical treatment, if any;
(2) Any prior incidents of attacks, unprovoked acts or biting by the animal
complained of, so as to indicate the potential danger the animal may pose to the community
if not destroyed; and
(3) Whether the attack, acts or biting was the result of some provocation
or circumstance that is or is not likely to reoccur in the future.
7.05 Order.
(a) If the Director finds that the animal complained of attacked or bit a person
or another animal, the Director may find and order:
(1) That the animal would be a danger to the community if not destroyed
or removed from the City and therefore shall be destroyed or removed from the City;
(2) That the animal would not, under specified conditions imposed for the
safekeeping of the animal, clearly constitute such a continuing danger to the community as
to warrant its destruction or removal from the City; or
(3) That the animal would not, because of the circumstances of the biting
or attack, constitute a continuing danger to the community and therefore should be returned
to its owner.
(b) If the Director makes a finding that the animal would not clearly constitute
such a continuing danger to the community as to warrant its destruction or removal from the
City, the Director may order the animal returned to the owner if the owner agrees to abide
by the conditions of the order for the safekeeping of the animal. These conditions shall
include, at a minimum, the following requirements:
(1) that the owner restrain the animal at all times on a leash in the
immediate control of a person or in a secure enclosure; as defined by §822.041 of the Texas
Health & Safety Code;
(2) that the owner maintain liability insurance coverage or show financial
responsibility in an amount of at least $100,000 to cover damages resulting from an attack
by the animal causing bodily injury to a person; and
(3) that the owner shall notify the City of any attacks the animal makes.
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The owner must file his agreement in writing and within two business days of the issuance
of the order. Should the owner fail to agree to the conditions imposed, then the Director
shall order that the animal be destroyed or removed from the City.
(c) If the Director finds that the animal complained of did not attack or bite a
person or another animal, or commit unprovoked acts, then the Director shall order the
animal returned to the owner.
7.06. Notice of order of destruction or removal.
(a) If the Director orders that an animal be destroyed or removed from the City,
he shall give a copy of his order to the owner of the animal, if known, by personal service
or by leaving a copy at the last known address of the owner, within two business days of the
issuance of the order.
(b) An order that the animal be destroyed shall state that the animal will be
destroyed no sooner than 48 hours from the time the order is served or delivered, unless the
owner files written notice of appeal within 48 hours of receipt of notice of the order.
(c) An order that the animal be removed from the City shall state that the owner
shall remove the animal within 48 hours from the time the order is served or delivered,
unless the owner files written notice of appeal within 48 hours of receipt of notice of the
order.
7.07. Review.
(a) To appeal the decision of the Director, the owner shall file written notice of
appeal with the City Manager within 48 hours of receipt of the order of destruction. The
owner shall submit a bond in the amount of $50.00 with the notice of appeal. The City
Manager, upon receipt of the notice of appeal and bond, shall schedule a review hearing.
The bond shall be returned to the owner after the Dangerous Animal Review Panel has
conducted its hearing and rendered a decision.
(b) The review shall be heard before a hearing panel of three members as
appointed by the City Manager, to be called the Dangerous Animal Review Panel. At least
one panel member shall be a veterinarian. The panel shall not be bound by technical rules
of evidence, but shall conduct the appeal hearing informally in accordance with procedures
to ensure an orderly hearing.
(c) In conducting its business, the panel shall follow the procedures set forth in
Sections 7.04 and 7.05 of this article.
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7.08. Decision of Panel.
(a) The panel may affirm or reverse the decision of the Director. The decision
of the panel shall be final and not subject to appeal.
(b) If the panel affirms the decision of the Director that the animal should be
destroyed or removed from the City, the City Manager shall cause a copy of the panel's
order to be given to the owner of the animal, if known, by personal service or by leaving a
copy at the last known address of the owner, within two business days of the issuance of the
order. The order shall state that the animal will be destroyed or removed, as appropriate,
within forty-eight hours from the time and date the order is served or delivered.
7.09. Violation of Director's Order.
(a) If, after the director orders the release of an animal upon specified conditions
for the safekeeping of the animal, as provided in 7.05(b) of this article, the Director has
reason to believe that a violation of one or more of the conditions imposed has occurred,
he shall impound the animal and enforce the order. The owner of the animal may appeal
the order to the City Manager, who shall schedule a hearing before the Dangerous Animal
Review Panel. The City Manager shall give notice to the owner in accordance with Sections
7.03(d) and 7.03(e) of this article.
(b) The panel shall conduct the hearing to determine whether the owner has
complied with the conditions imposed by the Director. If the panel finds that a violation of
one or more of the conditions imposed has occurred, it shall issue an order that the animal
be delivered to the City or to a veterinarian for authorization. Notice of the panel's order
shall be given in accordance with Section 7.08(b) of this article.
7.10. Surrender for destruction.
If the animal is not impounded at the Animal Control Center and the animal is
ordered destroyed in accordance with this ordinance, an officer or employee of the city shall
present a true copy of the order to any person in authority at the business whether the
animal is impounded, who shall immediately surrender the animal to the officer or employee,
without the payment of any fees or charges owed for the care or keeping of the animal.
7.11. Prohibition.
(a) A person commits an offense if the person keeps, harbors or has custody of
a dangerous animal after the Review Panel has ordered that the animal be removed fi.om
the City.
f:\filcs\slage\ordinance\animal-7.rd (07-31-96) Page 15
(b) A person commits an offense if the person keeps, harbors or has custody of
a dangerous animal after the Director has ordered that the animal be removed from the City
and the person has not filed an appeal in compliance with Section 7.07 of this article.
7.12. Seizure.
(a) If a person fails to comply with the order of the Director, or the Review
Panel's orders, if the person filed an appeal, the Animal Control Officer may seize the
animal and cause it to be euthanized.
(b) Any seizure shall be made in compliance with state law.
Article VIII. Impoundment.
8.01. Animals may be impounded by the Animal Control Officer under any of the
following circumstances:
(a) Unrestrained dogs or cats or animals at large;
(b) A dog or cat that is not wearing a valid current rabies vaccination tag;
(c) An animal that is reasonably suspected of having inflicted bodily harm on any
human being or animal, or who poses a threat to public safety or constitutes a public
nuisance;
(d) A dangerous, prohibited or unmuzzled animal in a place of public assembly;
(e) An animal who is not cared for as required by this Ordinance;
(f) An animal with rabies or symptoms thereof, or that a person could reasonably
suspect as having rabies or that bites, scratches or otherwise creates a condition which may
have exposed or transmitted the rabies virus to any human being or animal;
(g) An animal not kept in conformity with this Ordinance;
(h) An animal that is suspect of having been treated cruelly; or
(i) Any animal made subject to impoundment pursuant to other provisions
contained within this Ordinance.
8.02. Animals shall be impounded at an Animal Shelter designated by the City
[:\files\slage\ordinance\animal-7.rd (07-31-96) Page 16
Council. If the owner of the animal can be identified, the owner shall be responsible for all
costs incurred due to the impoundment.
8.03. Impoundment procedures, including but not limited to manner of
impoundment, fees, length of time animals shall be impounded, redemption and disposal
shall be set forth in policies adopted in conjunction with this Ordinance, and as from time
to time amended.
Article IX. Contracting with other agency or individual.
The City may contract with any other governmental agency, private person, firm or
corporation, to perform all or part of the services or activities set forth in this Ordinance,
or for services for impoundment, redemption, licensing, care, boarding, veterinary care and
associated functions to include enforcement of any parts of this Ordinance or its associated
policies.
Article X. Fee schedule.
A fee schedule for animal control related matters shall be established by resolution
and adopted by the City Council to be incorporated in the policies and procedures
associated with this Ordinance.
Article XI. Enforcement and Penalties.
11.01. Enforcement.
The Animal Control Officer or his designee shall have the following powers:
(a) The officer shall perform those tasks necessary to fulfill the objectives and
requirements outlined by this Ordinance.
(b) For the purpose of discharging the duties imposed by the provisions contained
herein or other applicable laws and to enforce the same, the Animal Control Officer, Code
Enforcement Officer, or other duly authorized representative or employee of the City shall
have the right of ingress and egress and may enter upon private property to the full extent
permitted by law.
(¢} The officer shall have the right to inspect, to the extent permitted by law, all
areas where animals are kept when the health, safety and welfare of an animal is in question
or public health and safety concerns are identified.
f:\files\slake\ordinance\animal-7.rd (0%31-%) Page 17
11.02. Penalties.
Any person, firm or corporation who violates any of the provisions of this Ordinance
other than Article VII, shall be guilty of a misdemeanor, and upon conviction shall be fined
in a sum not less than $50.00 nor more than $500.00, and each day's violation shall constitute
a separate and distinct offense. A person who violates any of the provisions of Article VII
shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum not less than
$50 nor more than $2,000, and each day's violation shall constitute a separate and distinct
offense.
Article XII. Review.
The City Manager may require a periodic review of the fee schedule and the policies
and procedures associated with this Ordinance by the Animal Control Officer or any other
staff member as the City Manager may deem appropriate, and if the City Manager
determines that changes need to be made he shall make recommendations to the City
Council regarding these changes.
Article XIII. Conflicts and savings clause.
13.01. Conflicting ordinances.
All other Ordinances, including Ordinance No. 530, or parts of Ordinances in conflict
herewith are hereby repealed to the extent that they are in conflict.
13.02. Severability clause.
If any provision of this chapter shall beheld void or unconstitutional, it is hereby
provided that all other parts of the same which are not held void or unconstitutional shall
remain in full force and effect.
Article X1V. Effective date.
This Ordinance shall be in full force and effect from and after the date of its
publication and passage by the City Council as provided by law.
E\filea\slake\ordinance\animal-7.rd (07-31-96) Page 18
~SED
AND APPROVED ON FIRST READING ON THIS
, 1996.
DAY OF
PASSED AND APPROVED ON SECOND READING ON THIS /¢ DAY OF
, 1996.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
f:\files\slake~ordinance\animal-7.rd (0%3t-96) Page 19
Star-Telegram FED. U. NO. 22-3148254
AD ORDER NO. 2130594
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE . AMOUNT
INCH/LINE
7/19ME 2130594 ORDINANCE NO . 53 I358 1x 56L 56 . 66 • 36.96
AN ORDINANCE OF THETHEOCITYIF , 0?/19-0 7/19
SOUTHLA E TTEXAS ITY RE-
PEALING ORDINANCE NO.
530; PROVIDING RELATED
DEFINITIONS' PROVIDING
FOR THE REGULATION OF
DANGEROUS ANIMALS;
PROVIDING FOR ADMINIS-
TRATIVE PROCEDURES RE-
LATING TO DANGEROUS AN-
IMALS' PROVIDING FOR
PROCEDURES AND POLI-
CIES TO FACILITATE THIS
ORDINANCE; PROVIDING - - - - - -- --- -.-
PENALTIES; PROVIDING Al
SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICA-
TION; PROVIDING A SAV-
ING AN EFFECTIVE DATOVID-
E.
11.02.Penalties.
fly person, firm or corpora-
ion who violates any of the
rovisions of this Ordinance c
other than Article VII, shall; J
- be guilty of a misdemeanor,
and upon conviction shall be
S f$�5000a nor1 nmore less
than
than SWORN TO BEFORE ME, THIS THE 22nd DAY OF JULY 1996
5500.00,and each days vi-
olation shall constitute a �.,,.,ru.^v.s✓+✓�•.q'�
separate and distinct vio of-
fense. `Gv"p"a � 'ram
anyof the provisions
of Arti-
cle {1 Q.�" •'�fi;��y R�;p;yr�A R. COKE Notary Public C -t-
any of the provisions Arti-
cle VII shall be guilty of a ''%�' % COh1MiSSIuN EXPIRES
misdemeanor, and upon j r nppn
conviction,shall be fined in a e i;^. ;'^f r 1.7JJ
sum not less than $50 nor S �y +mot SEPTEII C. 8r TARRANT COUNTY,TEXAS
more than$2,000,and each 1 �'�;.r5i 1�
day's violation shall - /`_
tute a separate and distinct
offense.
PASSED AND APPROVED
THIS THE 16TH DAY of.iu ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
LY,1996 DURING THE REG
ULAR CITY COUNCIL MEET.
ING. .-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A
/ Rick Stacy,Mayor
A EST:
-
/s/Sandra L.LeGrand,
City Secretary
APPROVED AS TO FORM:
/s/Wayne K.Olson,
City AttorneStar_llelegrarrl
REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
2130594 ACCOUNT AMOUNT NUMBER (ITS? DUE 36.96
PAGE 1 011 IF ANY QUESTIONS. PLEASE CALL(817)390-7885
S
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 36. 96
THIS AMOUNT '
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 2060657
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
4 E STATE OF TEXAS
my of Tarrant
fore me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL
RATE AMOUNT
- INCH/LINE
7/06ME 2060657 NOTICE OF PUBLIC I358 lx 64L 64 . 66 42 . 24
07/06-07/06
•
NOTICE OF
PUBLIC HEARING
--- -- - i NOTICE IS HEREBY GIVEN ---- --- --- -- -
to all interested persons that
the City Council of the City of -
Southlake, Texas, will be
holding a public hearing dur-
• ing the Regular City Council
_. _.. __.. Meeting to be held on July
16,1996 at 7:00 p.m.in the - - -- - -
City Council Chambers of
the City Hall,667 North Car-
roll Avenue, Southlake, Tex-
; -.. _. __. as.
Purpose of the hearing is to
consider the second reading
of the following ordinance:
• QRDINANCE NO.530-A
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
SOUTHLAKE TEXAS RE-
PEALING ORDINANCE NO. •
530; PROVIDING RELATED
DEFINITIONS PROVIDING SI^��� ; ��'\_
FOR THE REGULATION OF la II .��J"�\
DANGEROUS ANIMALS:
PRAOVIDINTIVE PROCFOR
EDURESI RE-
LATING 9 t h J U L Y 1996
BSCRIBED A AATI_SG T PDANGINOU FOR-FORE ME, THIS THE DAY OF
PROCEDURES AND POLI-
CIES TO FACILITATE THIS ,.1C.t.-
ORDINANCE'PROVIDING PE,- ^11 r'h
NALITIES;PFi2OVIDINGASEV- -1P .day RHONDA R. GOK6 Public
%Oi' sir
ERABILITY CLAUSE;PROVID, ;2,• .r,�i� ry ---_---
i ING FOR VIDING A SAVINGSICLAUSE; �r°•S COMMISSION EXPIRES
— AND PROVIDING AN EFFEC- h?.• ilk:P, SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS
TIVE DATE.11.02 Penalities. 0 i7`,\.0��+� r
Any person, firm or corpora-
tion who violates any of the
provisions of this Ordinance
other than Article VII, shall
LEASE PAY l be guilty of a misdemeanor,OICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
and upon conviction shall be
fined in a sum not less than
r/50.00 nor more than IS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
5500.00,and each day's vi- �►
olation shall constitute a -
separate and distinct of-
fense.A person who violates
any of the provisions of Arti-
cle VII shall be guilty of a
misdemeanor, and upon
conviction,shall be fined in a
Star-"1'e1�I sum not less than nd nor_
more than$2 aII be and each
days violation shall consti- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
tute a separate distinct of-
fense.
2060657 ' Sand a L.LeG rand ACCOUNT
City Secretary _-_ NUMBER C I T 5 7 AMOUNT DUE 42.24
PAGE I Oili IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE
S
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 1 PLEASE PAY • 42.24
THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED