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Item 7C MemoCITY OF SOUTH LAKE MEMORANDUM January 17, 2014 To: Shana K. Yelverton, City Manager From: Stephen Mylett — Chief of Police Subject: Item 7C - Ordinance 1069 — 1st Reading, Amendment to the Southlake Code of Ordinance, Chapter 4 "Animals", Article I, II, III Action Requested: Consider an ordinance amending the City of Southlake Code of Ordinances by amending Chapter 4, Animals by deleting Chapter 4, in its entirety and adding a new Chapter 4, providing a severability clause; providing a penalty; authorizing publication; and establishing an effective date. Background Information: The purpose of this item is to consider amending the Southlake Code of Ordinances pertaining to animals, fowl, insects, and reptiles with related fee schedule to provide clear guidelines for issues related to the keeping of animals, fowl, insects, and reptiles including prohibitions regarding certain practices. In October, 2012, the cities of Colleyville, Keller and Southlake entered into an agreement to consolidate animal control services. The City of Keller was designated as the provider of Animal Control Services for the three cities to include the construction of an Animal Adoption Center. Throughout the process of consolidating animal control services, the Chiefs of Police from Colleyville, Keller and Southlake, and other stakeholders, agreed, in principle, that it would be prudent and wise to create a "base" regional ordinance to address relevant animal control issues that are applicable to each city. Over a 12 month period several draft ordinances were considered. Many revisions were made to the draft ordinances and the result is a modern animal control ordinance that provides clear language related to issues involving the keeping of animals, fowl, insects and reptiles and related prohibitions of such. The City of Southlake's Animal Control Ordinance was reviewed and updated to align with current State statutes relating to animals, fowl, insects and reptiles. This ordinance review is timely due to the regionalization of Animal Services with Colleyville and Keller as well as the upcoming expansion of the Animal Adoption Center. 1069 Pagel iew of the current ordinance Section 4 of Southlake Code of Ordinances addresses issues related to the care and control of animals and prohibitions involving animals. The last comprehensive revision made to the animal ordinance was in July 1996, except Article III Dangerous Dogs and Animals was adopted in December, 2002. The current ordinance contains language that is no longer applicable to general animal control operations. Reason for Considering a Change to the Ordinance Revising the current animal control ordinance will establish clear guidelines relating to the care, control and maintenance of animals and issues related to order maintenance. The current language in the animal control ordinance is outdated and does not reflect current operations related to animal control matters. The revised ordinance will provide the residents of Southlake with a modern set of regulations and guidelines based on State law and best practices. The proposed ordinance captures many of the legal mandates enumerated in Southlake's current animal ordinance. Establishing a single animal ordinance for the three partner municipalities will allow for equitable enforcement of the law by animal control officers that is effective and less confusing for officers and residents alike. The current ordinance is sectioned under three (3) articles with accompanying sub -divisions. As such, the current ordinance is difficult to read and can be frustrating for citizens seeking information pertaining to animal control matters. If adopted, this ordinance will create a single and all-inclusive document that is easy to navigate. Southlake Specific Sections in Proposed Ordinance The majority of the language contained within this proposed ordinance will also appear in the Animal, Fowl, Insects, and Reptiles ordinances for the cities of Colleyville and Keller; however, there are a few exceptions: Colleyville and Keller will limit the combined number of dogs and cats per household to four (4). Southlake will continue to limit the combined number of dogs and cats per household to four (4) with the provision that the number will increase to six (6) combined cats and dogs for residents who reside on an acre or more of property. Keller will adopt restrictions related to the keeping of fowl and guinea pigs based on the size of a single family dwelling and limiting the number of combined fowl to 12 (not including rabbits). Southlake will continue to limit the number of combined fowl, rabbits, and guinea pigs to six (6). Colleyville is reviewing the matter. 1069 Page 2 • Southlake will include in its ordinance language which currently appears in Article II Sec. 4-32 (Animal establishment permits) and, in part, Sec. 4-33 (Animal shelters) of the Southlake Code of Ordinances Chapter 4: Animals. This language will not appear in the Colleyville or Keller ordinance. Citizen Input/ Board Review: A SPIN meeting was held on August 12, 2013. The partner cities have reviewed the regional ordinance and will be presenting to their respective City Council for consideration. Legal Review: The City Attorney has been involved in this ordinance revision. Council Action: TBD Attachment: Draft — Part II — City Code - Chapter 4 — Animals, Fowls, Insects and Reptiles (Animal Control Ordinance) ORDINANCE NO. 1069 AN ORDINANCE REPEALING ORDINANCES NO. 530A and 530B, AS AMENDED, THE "ANIMALS" ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONS TO CHAPTER 4 AND ELIMINATING ARTICLES I, II, III; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 has adopted Ordinance No. 1069 as the Animals, Fowl, Insects, and Reptiles Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by repealing Ordinance No. 530A and 530B as provided herein; and 1069 Page 3 WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Southlake Code Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Chapter 4 of the Southlake Code of Ordinance No. 1069, as amended, is hereby amended by adding the following: Chapter 4 - ANIMALS, FOWL, INSECTS AND REPTILES Sec. 4-100. - Definitions. The following words and phrases, for the purpose of this chapter, shall have the following meanings: Adequate fencing. A fence which contains livestock or any other animal upon the owner's or occupier's property and prevents same from escaping. Animal. Unless otherwise stated, includes any living creature including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings. Animal control authority. Means a municipal or county animal control officer with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. Animal control officer. The person or persons designated by the chief of police to represent and act for the city in the impoundment of animals, controlling of stray animals and as otherwise required in this chapter. Animal shelter. Colleyville, Keller, Southlake Regional Animal Services and Adoption Center At large. An animal that is not confined to the premises of its owner by a containment device of sufficient strength and/or height to prevent an animal from escaping therefrom, inside the house or other enclosure, or secured on said premises by a leash of sufficient strength to prevent the animal from escaping from said premises, and so arranged that the animal will remain upon said premises when the leash is stretched to full length in any direction. An animal shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and length to control the action of the animal or while confined within a vehicle. Auction. Any place or facility where animals are bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners. Cats. The word "cats" when used herein shall mean cats of all ages, both male and female. Dangerous Animal. (A) makes an unprovoked attack on a person or animal that causes bodily 1069 Page 4 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 (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. Dogs. The word "dogs" when used herein shall mean dogs of all ages, both male and female. Collar. Any neck restraint constructed of nylon, leather, or similar material, specifically designed to be used for an animal. Custodian. A person or agency which feeds, shelters, harbors, owns, has possession or control of, or has the responsibility to control an animal. Fowl. Chickens, turkeys, pheasant, peacocks, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed. Livestock. Horses, mules, donkeys, cattle, goats, sheep, Asian pot bellied pigs, swine, ostriches, emus and llamas, regardless of age, sex or breed. Local rabies control authority (LRCA). The officer designated by the municipal or county governing body under the Texas Health and Safety Code, §826.017. Nuisance. Whatever is dangerous to human life or health. Whatever renders the ground, the water, the air or food, a hazard or injury to human life or health or that is or threatens to become detrimental to the public health, or contributes to urban blight or decay. Owner. Any person who has care, custody, and control of any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises. Pet shop. Any person, partnership or corporation, whether operated separately or in connection with another business enterprise except a licensed kennel, that buys, sells or boards any species of pets. Possession. Actual care, custody, control or management of a certain animal. Premises. 1. A parcel of land (one (1) or more contiguous lots) owned, leased or controlled by one (1) or more persons; or 2. A building or part of a building. Prohibited animals or hazardous animal. Any animal not normally considered domesticated and capable of (or inclined to do) serious bodily harm to humans or other animals or fowl as determined by the City. These animals include (but are not limited to) any venomous lizard or snake, boa constrictor, python, emperor scorpion, bat, raccoon, skunk, fox, bear, elephant, kangaroo, non -human primate, including monkey and chimpanzee, antelope, deer, wolf or wolf - hybrid, lion, tiger, ocelot, bobcat or any other large cat, alligator, crocodile, feral swine, and their allies. Exotic animals. Any animal not normally considered domesticated including, but not limited to, nonvenomous snakes, nonvenomous lizards, or any other wild animal not capable of doing serious bodily harm to humans as determined by the City. Secure enclosure. Means a fenced area or structure that is: 1069 Page 5 (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the escape or release of the animal; and (4) Clearly marked as containing a dangerous animal. Properly fitted. With respect to a collar, a collar that measures the circumference of a dog's neck plus approximately one inch. Restraint. A chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary objector trolley system. Stray Animal. An animal which is not on a leash or enclosed in a fenced yard. Vaccination. An injection of any vaccine for rabies approved by the state veterinarian and administered or supervised by a licensed veterinarian. Sec. 4-110. - Animals in residential areas; limitations. (a) The owner and any person having control over any animal or fowl shall keep the same confined within a building or adequate fencing at all times. (b) It shall be unlawful to permit any animal to: (1) Roam, wander upon or remain upon any public property or street, while unattended by the owner or person having control; or (2) Go upon or remain upon any private property without the consent of the owner of the property. (c) Any owner or person having control of any animal or fowl shall keep all hay, grain and feed used in connection with the maintenance thereof enclosed in such manner that the same is not accessible to rats, flies, mosquitoes or other rodents or insects. Sec. 4-120. - Vaccination required before license issued. (a) All dogs and cats within the city, four (4) months of age or older, shall be licensed yearly; however, before the license shall be issued, the owner of the dog or cat must present to the Animal Shelter a certificate from a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding twelve (12) months with a one-year serum, or within the preceding thirty-six months with a three-year serum. Such vaccination certificate shall reflect the name of the owner, his address, a description of the dog or cat, the date of the vaccination, the number of the vaccination tag, and the kind of vaccination used. The veterinarian shall provide the owner with a metal tag, on one (1) side of which is stamped the words "Vaccinated Against Rabies", the date of the vaccination, veterinarian, business name, and control number. This tag shall be securely attached to the collar or harness of the dog or cat at all times, and will aid in the identification of the animal. (b) To aid in identification of the pet owner and return of the animal in the event of impoundment, all dogs and cats must be licensed and registered with the city. Upon presentation of a certificate of vaccination and a completed application for a license to the Animal Shelter, an animal control officer will file the application and certificate for retention by 1069 Page 6 the animal control officer and issue the owner of the dog or cat a metal city tag to be securely attached to the collar or harness of the dog or cat. The tag must be worn at all times. If the original current registration tag is lost or destroyed, the owner must obtain a duplicate by paying a fee. Registration shall be renewed annually. If there is a change in ownership, the new owner shall have the registration transferred to his name within ten (10) days. All fees for registration, duplicate tags, and registration transfer shall be the fees designated by the City of Keller fee ordinance. (c) It shall be unlawful for any person within the city to own, keep, possess, harbor, or allow to remain upon the premises under his control any dog or cat without having proof that such animal is immunized against rabies as required by this section. (d) This section shall not apply to fish, birds, ungulates, or any of the following list of animals: hamsters, guinea pigs, rabbits, rats, mice, gerbils, or any animal other than a dog or cat which in the opinion of the licensed veterinarian would be endangered by rabies vaccination. Sec. 4-130. - Animals running at large. Any person owning, possessing or keeping an animal or animals within the city, whether vaccinated or unvaccinated, licensed or unlicensed, shall not allow such animal or animals to be at large within the city limits of the City of Southlake. Sec. 4-140. - Impounding of animals. The animal control officer shall take into custody any domestic animal found at large in the city, and shall impound the animal in the Animal Shelter. Such impounded animal shall be held for a period of three (3) days, and at the end of that time, if the animal has not been redeemed, and the proper fee paid as described herein, the animal may be adopted or disposed of in a humane and proper method. Every reasonable effort by the animal control officer, to include but not limited to, contacting the animal owner by telephone, email, or any other available means of contact will be made in an effort to contact the owner of an impounded animal. Sec. 4-150. - Authority to kill, impound or destroy animals. The animal control officer shall have the authority to do the following: (a) Kill an animal which poses an imminent danger to a person or property and a real or apparent necessity exists for the destruction of the animal. (b) Impound an animal which is diseased and endangers the health and welfare of another animal or person. (c) Destroy an impounded animal if the animal control officer determines that recovery of the animal is doubtful due to injury or disease. Sec. 4-160. - Impoundment fees; dog or cat. (a) The owner of an impounded animal shall pay a fee to redeem such animal from the city. The fee is designated within fee schedule. (b) Any person claiming a dog or cat that has not been vaccinated or fails to have proof of vaccination within the last year may be cited for failing to vaccinate under Sec. 4-120 of this Code of Ordinance. Before the release of the dog or cat, the owner shall sign a promise in writing that the dog or cat will be vaccinated for rabies immediately upon 1069 Page 7 release from the Animal Shelter. The animal control officer shall keep such statement on file until receiving proof of vaccination. (c) If an owner does not redeem an animal within the time period set forth in Section 4- 140, the animal shall be subject to adoption or other disposition. Any animal that is subject to adoption shall meet all the procedures set forth in Section 4-180, including payment of fees, vaccination, and alteration by spaying or neutering, as required. Sec. 4-162 Prohibited animals or hazardous animal (a) No person or entity shall be allowed to keep, display, or exhibit any prohibited animal or hazardous animal within the city, or allow such activity to occur, except as provided by this section. (b) A temporary permit may be issued to temporarily house and display a prohibited animal or hazardous animal for educational purposes, provided the following conditions are met: (c) No person or entity shall be allowed to keep, display, or exhibit any prohibited animal or hazardous animal without first registering the animal with the animal control authority. (1) Application a. Deadline. An application for that purpose must be submitted to the animal control authority no less than ten (10) working days prior to the intended time for the exhibit; b. Contents of application. The application form shall include the name, address and telephone number(s) of the applicant; the applicant's ownership interest in the animal and the educational display or program; the proposed location and duration of the educational display or program and the name, address and telephone number(s) of the owner or lessee of that location; a general description of the animal, including age, date -of birth if known, the classification of the animal, and a description of the confinement plan; and any information about the vicious or dangerous propensities of such animal, including any prior history of any incidents; and a description of the exhibit or program, including any confinement plan and housing arrangements for the animal. (2) Insurance. Applicant must have liability insurance and must provide proof of liability insurance coverage or financial responsibility in an amount of at least $250,000, which amount may be increased if needed to cover damages, injury, or death resulting from the animal(s) to be in effect during the duration of the temporary permit. (3) Approval. Approval of the application for a temporary permit is within the sole discretion of the City Manager or designee. (4) Terms of permit. The applicant must abide by all terms of the permit (5) Revocation of permit. The permit may be revoked if it is determined that the applicant did not fully and truthfully disclose all required information, or if the applicant does not abide by the terms of the temporary permit, or if it is reasonably necessary to protect against an immediate threat or danger to the 1069 Page 8 public health or safety. Sec. 4-165. - Impoundment fees for livestock, fowl or prohibited animals. The owner of any impounded livestock, fowl or prohibited animal shall pay whatever fee as may be charged by Tarrant County in order to redeem such animal from the county. Sec. 4-170. - Euthanasia. If the lawful owner of animal requests euthanasia, the owner must first sign the required forms before destruction. Sec. 4-175. - Deadly force. Deadly force may be used against any animal presenting an imminent risk of death or serious bodily injury. Usage of non -deadly force methods to control an animal, such as apprehension or tranquilizing, shall not be required if such methods would add to or prolong the risk of death or serious bodily injury to persons or animals. Sec. 4-180. - Adoption. A person who desires to adopt an animal from the Animal Shelter shall: (1) Pay an adoption and alteration fee as designated in Appendix A; and (2) Pay any license fee if required; and (3) Have the animal vaccinated for rabies, (when required) within five (5) days after adoption; and (3) Have the animal spayed or neutered within fourteen (14) days after adoption, providing the animal is of the proper age for such procedure; and (5) Any person desiring adoption shall also sign a promise in writing that the animal will be vaccinated and spayed or neutered within the time periods as outlined in subsections (3) and (4). The animal control officer shall make the final determination whether an animal is healthy enough for adoption. However, such a decision by the animal control officer to permit adoption of a particular animal shall not constitute a warranty, expressed or implied, of the health or age of the animal. Sec. 4-190. - Report of rabies cases required; confinement of dog, cat or other animal. (a) It shall be the duty of the owner, custodian or veterinarian to report to the Colleyville, Keller, Southlake Regional Animal Services all cases of rabies or suspected rabies which the owner, custodian or veterinarian knows or should know. Any animal that has or is suspected of having rabies, that has symptoms of rabies, has been exposed to rabies or some other facts suggest that rabies is a concern in regard to the animal shall be quarantined as required by law and direction of the designated LRCA for Colleyville, Keller, Southlake Regional Animal Services Sec. 4-200. - Confinement required of a dog, cat or other animal that has bitten a person. (a) When an animal has bitten, scratched or otherwise attacked a person, that person or 1069 Page 9 anyone having knowledge of such incident, shall immediately notify the Colleyville, Keller, Southlake Regional Animal Services, and such animal shall be confined in the Animal Shelter or at a veterinary hospital for a period of not less than ten (10) nor more than thirty (30) days, as specified by Colleyville, Keller, Southlake Animal Services. (b) If, after the confinement period, the owner fails to pick up the animal, the owner may be informally given a courtesy notice by the City by telephone or email and shall be formally notified by the City by either certified mail, personal delivery, or other method designed to provide notice to the owner as well as proof of such notice. The owner may be granted five (5) additional days to pick up the animal at a charge as indicated in the fee schedule. Five days after the end of the confinement period, if the animal is not picked up by the owner, the Animal Control Officer may place the animal for adoption or other form of disposition of the animal, pursuant to the terms of this Chapter. (c) At the option of the Animal Control Officer, and if all conditions of state law, as currently exist or as may be amended, and regulations are met, the Animal Control Officer may allow for home quarantine, so long as all conditions required by the Animal Control Officer are met. If all conditions are not met, the Animal Control Officer may require that the animal be brought to the Animal Shelter or a veterinarian for the remainder of the quarantine period. Sec. 4-210. - Quarantine fee. The owner of any dog, cat or other animal held in quarantine for observation purposes shall be charged a quarantine fee as designated in the fee ordinance. This fee is in addition to any impoundment fee(s). Sec. 4-220. - Dangerous animals; procedures and hearing. (a) Report of attack. The animal control department may receive a report concerning a dog or animal, which has bitten or attacked a human or animal. A complainant, who wishes the matter be heard, must file with the Southlake Municipal Court, a written sworn complaint that must contain the following known information: (1) Name, address, and telephone number of the complainant and any other witnesses; (2) Date, time and location of incident(s); (3) A complete description of the dog or animal (breed, if known, as well as color and size); (4) Name, address and telephone numbers of owners, if known, or the premises where the dog or animal is located; (5) A statement that the dog or animal has bit or attacked a person or animal; (6) A statement that the dog or animal has exhibited vicious propensities in its past conduct; and (7) Any other facts and circumstances relating to the incident. (b) Procedure after complaint is filed: After a sworn affidavit (complaint) is filed, Colleyville, 1069 Page10 Keller, Southlake Regional Animal Services shall investigate the complaint to determine if the dog or animal is dangerous. (1) Animal Service Findings. Colleyville, Keller, Southlake Regional Animal Services shall make a finding regarding whether or not the dog or animal is dangerous. If the dog or animal is found to be dangerous, animal services shall notify the owner of the determination by personal service or certified mail — return receipt request. The notification will advise the owner of the right to appeal and will require that the owner perform the following requirements within thirty days from receipt of the notice: (a) Register the dangerous dog or animal with the animal control department. (b) Restrain the dangerous dog or animal at all times on a leash, in the immediate control of an adult, who is at least seventeen (17) years of age, or in a secure enclosure; (c) Obtain and provide proof to the Colleyville, Keller, Southlake Regional Animal Services of liability insurance coverage or provide proof of such liability insurance or proof of current financial responsibility, in an amount of at least one hundred thousand dollars ($100,00.00) to cover damages resulting from an attack by the dangerous dog or animal causing bodily injury or other damage to a person; (d) Post on all fences that face public areas, signs that state in bold letter "DANGEROUS ANIMAL." All signs must be obtained from and approved by the animal control department. (e) Require that the dangerous dog or animal wear an orange collar and red tag at all times. All collars and tags must be obtained from and approved by the animal control department. (2) Appeal of determination. The owner of a dangerous dog or animal may appeal animal services determination to the municipal court no later than the fifteenth (15th) calendar day after being notified of the animal service determination. The municipal court of respective jurisdiction shall conduct a hearing within fifteen (15) days, to determine if the dog or animal is dangerous. At such hearing the municipal court may receive testimony concerning the incident under investigation, and/or consider the affidavits and/or complaints on file, to determine if the dog or animal is dangerous. If the dog or animal is found dangerous, the municipal court shall, for the protection of the public health, safety, and welfare of the community, mandate compliance with subsection (b) (1) a, b, and c, d, and a determine whether the dog or animal should be removed from the corporate city limits of Colleyville, Keller or Southlake, humanely destroyed by animal services, a veterinarian, or released to an animal rescue organization. (3) Procedure when no appeal (a) If the owner of the dangerous dog or animal does not comply with subsection (b)(1) a., b., or c. above, within thirty (30) days of being notified the animal has been found dangerous, nor has appealed pursuant to section (b)(2) above, the owner shall surrender the animal to the animal control department. If the owner does not surrender the animal, then the animal control officer shall obtain from the municipal court, a warrant, authorizing the animal control department to seize the animal. Thereafter, the animal control department shall seize the animal, or order its seizure, and provide a secure and humane place for the impoundment of the animal. 1069 Page11 (b) If the owner complies with subsection (b)(1) a., b., and c., above, before the eleventh (11th) day on which the dangerous dog or animal was seized or was surrendered to the animal control officer, the municipal court shall order the return of the dangerous dog or animal. (c) If the owner has not complied with subsection (b)(1 ) a., b., and c., above, before the eleventh (11th) day on which the dangerous dog or animal was seized or surrendered to the animal control department, the municipal court shall, for the protection of the public health, safety, and general welfare of the community, determine whether the animal should be removed from the corporate city limits of the city, humanely destroyed by the animal control department, a veterinarian, or released to an animal rescue organization. (c) The owner of an impounded dangerous dog or animal shall be held responsible for any cost or fee assessed by the city related to the seizure, impoundment, and destruction of the animal. Sec. 4-230. - Failure to release or remove dog. A person commits an offense if he knowingly possesses and fails to release to the animal control officer a dog that has been charged by sworn affidavit as provided in section 4-220 of this chapter. A person commits an offense if the person knowingly possesses and fails to remove a dog determined to be dangerous under section 4-220 "Dangerous animals; procedures and hearing" of this chapter from the corporate limits of the city. Sec. 4-240. - Public nuisances. No person shall willfully or knowingly keep or harbor on his premises or elsewhere any animal, livestock, or fowl of any kind that makes or creates an unreasonable disturbance to the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof. Unreasonable disturbance includes, but is not limited to, animal making or creating prolonged noises by howling, barking, bawling or otherwise. It shall create a presumption that a person has knowledge that the animal under their control is making or creating an unreasonable disturbance if such person shall have been notified by the animal control officer or any peace officer of such disturbance and: a. failed or refused to correct such disturbance or b. prevent its recurrence. (1) It shall be unlawful for any owner of any animal to maintain yards, pens, stables, sheds, coops, or other enclosures in which any animal is confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to 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. (2) Manure and droppings shall be removed from pens, stables, yards, coops, and other enclosures regularly and handled or disposed of in such a manner as to keep the premises free of any nuisance. (3) Mound storage of droppings of manure between such removals shall be permitted, only under such conditions as to protect against the breeding of flies, rodents, and to prevent the migration of fly larvae (maggots) into the surrounding soil. 1069 Page12 (4) The feeding of vegetables, meat scraps or garbage to livestock shall be done only in impervious containers or on an impervious platform. (5) Watering troughs or tanks shall be provided by the owner, which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, or other insects. (6) No putrescible material shall be allowed to accumulate on the premises; and all such material used to feed which is unconsumed shall be removed and disposed of by sanitary means. (7) It shall be unlawful for any person to maintain any animal which repeatedly trespasses on public property, attacks other animals, or causes damage to public or private property. (8) No person shall willfully or knowingly allow a stray animal to remain on their premises. Any person willfully or knowingly who feeds or waters stray animals, or in any way encourages a stray animal to remain on their property, shall be in violation of this ordinance. All provisions of this ordinance shall apply to that person. Sec. 4-250. - Violations; enforcement. The animal control officer shall have the authority to issue citations for any violation of this chapter: (1) It shall be unlawful for any person upon being issued a citation to give the animal control officer any personal identification information other than his true name and address. (2) It shall be unlawful to fail to appear in accordance with the terms of a citation issued by the animal control officer. (3) If the person being cited is not present, the animal control officer may send the citation to the alleged offender by certified or registered mail, return receipt requested, whereupon service shall be deemed complete. (4) It shall be unlawful for any person to interfere with the animal control officer in the performance of his duties. (5) The animal control officer shall have the right of ingress and egress on private property for the purpose of apprehending animals at large. Sec. 4-260. - Authority to carry tranquilizer guns. When acting in the course and scope of his employment, the animal control officer shall be and is hereby authorized to carry on his person or in his city vehicle loaded tranquilizer guns approved by the support services commander who oversees animal control as designated by the City of Keller Chief of Police and not in violation of any provision of the Texas Penal Code or any other applicable federal, state or local law, as currently written or as may be amended. Sec. 4-270. - Confinement of animals by individuals. If an animal is found upon the premises of another, the occupant of the premises may confine the animal only for so long as reasonably necessary to notify animal services and have the animal impounded. In attempting to confine the animal, the occupant shall not use any means 1069 Page 13 or force that could constitute cruelty to an animal or behave in a cruel manner (as defined by the Texas Penal Code) toward the animal. Sec. 4-280. - Abandonment of animals. It shall be unlawful for any person to abandon any animal within the corporate limits of the city. Sec. 4-290. - Confinement of animals. It shall be unlawful for any person to confine or allow to be confined any animal in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health or well-being of the animal due to heat, lack of food or water or any other circumstance which causes suffering, disability or death of the animal. Sec. 4-300. - Limitation upon the number of animals, fowl, rabbits and guinea pigs. It will be unlawful for an owner who is not operating a kennel as provided in Southlake's zoning ordinance, to keep in any place on property that is less than one acre, more than four dogs, more than four cats, or any combination of dogs and cats where the total exceeds four animals over the age of six months; in any place on property that is larger than one acre, the number of combined dogs and cats shall not exceed six animals. 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. Sec. 4-310. - Poisoning of animals prohibited. (a) No person shall, in any place accessible to birds, dogs, cats or other animals, with the intent to kill or harm such animals, place any substance which has in any manner been treated with any poisonous substance. (b) The above subsection does not apply to the elimination of rodents, such as mice or rats, provided that a person is required to not allow the placement of harmful or poisonous substances in places where domestic animals might ingest the harmful or poisonous substance, even if the purpose of the substance is to eliminate rodents. Sec. 4-320. - Fight upon exhibition. No person shall maintain any place where fowl or any animals are suffered to fight upon exhibition, or for sport upon wager. 1069 Page14 Sec. 4-330. - Unlawful restraint of dog (a) Prohibited Acts An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog'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 temperatures is below 32 degrees Fahrenheit; or (B) a heat advisory has been issued for the jurisdiction by the National Weather Service. (b) Restraints In this section, a restraint shall be presumed to unreasonably limit a dog's movement if the restraint: (1) uses a collar that is a pinch -type, prong -type, or choke -type or that is not properly fitted to the dog; (2) is a length shorter than the greater of (A) five (5) times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or (B) ten (10) feet; (3) is in an unsafe condition; or (4) causes injury to the dog. (c) Exceptions Subsection (a) does not apply to (1) a dog 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 improperly fitted collar; (2) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state or local authority or jurisdiction; (3) a dog restrained for a reasonable period, not to exceed three hours in a 24 hour period and no longer than is necessary to allow the owner to complete the temporary task that requires the dog to be restrained, but those three (4) hours cannot be within the prohibited times of 10p.m. to 6 a.m. set forth above; a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the state if the activity for which the license is issued is associated with the use or presence of a dog (d) Penalty: (1) A person commits an offense if the person knowingly violates this section. (2) A peace officer or animal control officer who has probable cause to believe that an owner is violating this section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. (3) A person commits an offense if the person is provided with a statement described in (d)(2) and fails to comply with this section within 24 hours of the time the owner is provided with a statement. A first time offense under this section is a class C misdemeanor. If a person has been previously convicted of this offense, the person shall be prosecuted under state law, providing for a more serious penalty. (4) If a person fails to comply with this subchapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. (5) A person may be prosecuted under this law or any other law or both. (e) This section does not prohibit a person from walking a dog with a hand-held leash. (f) This section does not authorize a person to allow a dog to run at large. Sec. 4-340. - Food and shelter. No person shall fail to provide any animal in his charge or custody with sustenance, drink and 1069 Page 15 protection from the elements, or cause any of these acts to be done Sec. 4-350. — Reserved Sec. 4-360. - Sale of baby fowl, ducks. It shall be unlawful for any person to sell or offer for sale, lease, rent or in any way transfer, barter or give away baby fowl or ducklings as pets or novelties, whether dyed or not dyed, colored or otherwise artificially treated; provided, however, this section shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper breeding facilities for hatcheries or stores engaged in the business of selling the same to be raised for legitimate commercial purposes. Sec. 4-370. - Guard dogs. Every person having care, control or custody of any dog which has received guard dog training must register such dog with the animal shelter. The owners of such dog must place an identification collar identifying the dog as a trained guard dog on said dog, and this collar must be worn at all times. Sec. 4-380. - Disposition of nursing baby animals. Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering. Sec. 4-390. - Bees. 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 or welfare of the inhabitants of the city. Sec. 4-400. - Disposal of dead animals. It shall be the responsibility of the owners of livestock to properly dispose of all dead animals within a twenty -four-hour period. It shall be the responsibility of the property owner to dispose of dead dogs, cats, etc., on his property or property owned by him within twelve (12) hours. The animal service officer has the authority to pick up any dead animal found on public property and dispose of it and assist a citizen with the same, if requested. After twenty-four (24) hours, the animal control officer may enter private property and remove any dead animal which the property owner has failed to dispose of. Sec. 4-410. - Fees for removal of dead animals. There shall be a fee for the removal of a deceased animal from private property. The fee shall be determined as designated in the fee ordinance. These fees are to be paid by the person or persons owning the animal or having possession thereof. Sec. 4-420. - Livestock. It shall be unlawful for any person to keep on premises under the person's control any livestock without providing adequate fences or barriers that will prevent such livestock from leaving the property of the person having control of such animal. 1069 Page 16 Sec. 4-430. - Livestock at large; impoundment. The animal control officer shall take into custody any livestock found at large in the city. The animal control officer shall have the discretion of impounding the livestock and transporting to a storage facility or containing the livestock at the location until the owner of the livestock can be located and recover the livestock. Discretion shall be based on such practical considerations as number of livestock, apprehension, containment and hazards to the community. Due to such considerations as number of livestock involved, size and difficulty of livestock handled, and transportation requirement, the animal control officer may use a livestock collection and holding service franchised with the City of Keller or a Tarrant County constable to collect and hold livestock found at large. Disposition of the livestock will be determined by the Tarrant County constable. Sec. 4-440. - Reserved. Sec. 4-450. - Places prohibited to livestock. It shall be unlawful for any person to ride or allow any type of livestock upon any public school grounds, college grounds, public park, property or municipal grounds within the city, except those designated as bridle paths or other designated riding or exhibiting areas for livestock or with the effective consent of an employee with the power and authority to authorize such activity. On streets, horses shall be ridden as close as possible to the curb, and in no event shall horses be allowed on state highways. It shall be unlawful for any person to ride or allow any type of livestock upon the property of another within the city, except with the express consent of the owner or person in charge of such property obtained prior thereto. Sec. 4-460. — Trapping of animals. Traps can be checked out from the animal shelter when traps are available. Traps will only be emptied Monday thru Saturday during Animal Services operating hours. All trapped animal should be called into dispatch no later than 12 noon, the day the animal is trapped. No animals are to be trapped for more than a 24 hour period in any trap. Any person who traps any animal in a City issued trap can have the on duty animal control officer empty the trap at no charge. Any person who traps any animal in a non -City issued trap can choose to have the trap emptied by the on duty animal service officer for a fee of $30.00 payable only in form of a check, made payable to the Colleyville, Keller, Southlake Regional Animal Services. All traps that require the animal control officer to remove and transport the trap in order to safely remove the trapped animal can be picked up at the Animal Shelter during Animal Services operating hours. Sec. 4-470. — Animal establishment permits 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. If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit. Permits are nontransferable. 1069 Page 17 Every facility regulated by this article shall be considered a separate enterprise requiring an individual permit. No fee may be required of any veterinary hospital, animal shelter, government operated zoological park, school district, civic or charitable organization. Sec. 4-480. — Animal Shelters other than the Colleyville, Keller, Southlake Regional Animal Services and Adoption Center Standards for animal shelters shall be as follows: (1) Each animal shelter operated in this city shall comply with the standards for housing and sanitation as set forth by the state department of health. (2) An animal shelter shall separate animals in its custody at all times by species, by sex, if known, and if the animals are not related to one another, by size. (3) An animal shelter may not confine healthy animals with sick, injured, or diseased animals. (4) Each person operating an animal shelter shall keep records of the date, disposition of the animals in its custody, 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. Sec. 4-490. - Penalty. Any person who shall violate the provisions of this chapter shall, for each violation, be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00), and each violation shall be construed to constitute a separate offense. Sec. 4-500. — Cruelty to Animals It shall be unlawful for any person to intentionally, knowingly, or recklessly abuse, neglect, or otherwise mistreat an animal. Violations under this section will be investigated as violations of Texas Penal Code statutes 42.09, 42.091, or 42.092, as currently written or an may be amended. SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 1069 Page18 SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two -Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 1069, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 1069 Page 19 SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _ day of , 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _ day of 2014. 1069 Page 20 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 1069 Page 21