Item 6DCITY OF
SOUTH LAKE
MEMORANDUM
January 29, 2014
To: Shana K. Yelverton, City Manager
From: Stephen Mylett — Chief of Police
Subject: Item 6D - Ordinance 1069 — 2nd Reading, Amendment to the Southlake
Code of Ordinance, Chapter 4 "Animals", Article I, II, III
Action
Requested: Conduct a public hearing and 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.
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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
not limit the number of combined fowl, rabbits, and guinea pigs but will
rely on other provisions in the ordinance to enforce nuisance issues
related to this group of animals.
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• 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.
• Keller will keep an impounded animal for three (3) days before the
process for disposing of the animal begins (adoption, rescue,
euthanasia). Southlake will increase that number to six (6) days for
registered animals whose owners are known. Colleyville has yet to
decide on this issue.
Amendments to Proposed Ordinance Post 1s' Reading
Following the presentation to Council on January 15, 2014, the following
Amendments were made to the proposed Animal, Fowl, Insect, and
Reptile ordinance per Council direction:
• Sec. 4-120 Vaccination required before license issued: Council raised
the issue of a cat or dog removing their collar and the owner being
cited for the animal's act. In response to Council's concern, language
has been added to this section to allow the owner of a pet an
opportunity to re -attach a tag/collar to their pet before a citation may
be issued. As I stated in my presentation, citations will only be issued
in extreme situations for this type of violation.
• Sec. 4-140 Impounding Animals: Council voiced concern regarding
the length of time an impounded animal may be held. One council
member suggested we include an additional period for animals whose
owners are known. Language has been added to this section allowing
for an additional three (3) day holding period for registered animals
whose owners are known, bringing the holding period to six (6) total
days. Again that does not mean six days and they are out. Every
effort will be made to reunite the pet with their owner before the
animal is moved to the Adoption Center.
• Sec. 4-240 Public nuisances: In response to concerns regarding
roosters on residential properties, language has been added to this
section which identifies "crowing or otherwise disturbing the peace by
noise or acts" as constituting a public nuisance.
• Sec. 4-300 Limitation upon the number of animals, fowl, rabbits and
guinea pigs: Language addressing a set limit of fowl, rabbits, and
guinea pigs allowed on a property has been removed. Language has
been added addressing restrictions related commercial operations
involving fowl, rabbits, and guinea pigs.
• Sec. 4-460 Trapping of animals: A council member raised an issue
regarding allowing an animal which has been trapped to remain in a
location which could cause suffering to that animal. In response,
language has been added to this section placing a burden on any
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person who traps an animal to take precautions to maximize the
humane treatment of the animal and to limit the level of stress
experienced by the trapped animal.
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: 1s' Reading: A motion was made to approve Ordinance No. 1069, an
amendment to repeal the Southlake Code of Ordinances Chapter 4
"Animals", Article I, II, III , as amended, as it pertains to the keeping,
maintenance, and controlling of animals, fowl, insects, and reptiles.
Approved 5-0.
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
1069 Page 4
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
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
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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 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
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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
(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.
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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 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.
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(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.
(e) Under this section, and before a citation may be issued to a pet owner for failing to
display the appropriate tags attached to a collar or harness for their animal, each pet
owner will be given the opportunity to display and re -attach on their pet the specific tag
to a collar or harness for their pet.
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 with the exception that should
the animal be registered and the owner known, an additional three (3) day period will be
provided in order to exhaust all attempts to return the animal to its owner. 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
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cat, the owner shall sign a promise in writing that the dog or cat will be
vaccinated for rabies immediately upon 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
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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 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
animal will be vaccinated and spayed
outlined in subsections (3) and (4).
also sign a promise in writing that the
or neutered within the time periods as
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
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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 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
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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, 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
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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 e 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.
(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
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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, crowing or otherwise
disturbing the peace by noise or acts. 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.
(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.
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(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 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.
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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. It shall be unlawful for persons
owning fowl, rabbits or guinea pigs to permit the same to go on the grounds or property
of another unless such permission is granted. Subject to the Southlake Zoning
Ordinance, no person shall be permitted to conduct commercial operations in regards to
the keeping of fowl, rabbits and guinea pigs.
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.
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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.
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(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 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.
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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.
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
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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.
Any person who, within the provisions of State law, traps an animal shall take
reasonable precautions to maximize the humane treatment of and to minimize the
stress on the trapped animal.
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.
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.
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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.
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.
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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.
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,
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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.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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