Animal Ordinances

§ 90.35 RESTRAINT.

Each dog or cat, when outside the owner's building, house, fence, vehicle, or a dog or cat in the bed of a vehicle, must be restrained by its owner. This restraint may be in or the form of a pet carrier, leash, chain or other material appropriate to the size and weight of the dog or cat. Any unrestrained dog or cat may be detained or impounded by the Animal Control Division. If the dog or cat has no identification, it will be considered a stray and be subject to §90.84 of this chapter.

(`75 Code, § 3-54)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.36 OWNERSHIP.

A.     No person will keep or harbor more than three cats. A litter of kittens may be kept until they reach the age of three months without violating this chapter. 

B.     No person will keep or harbor more than three dogs at one time within the city limits without a Multiple Dog Permit. A litter of puppies may be kept until they reach the age of three months without violating this chapter. 

C.     At no time will the total number of dogs or cats or any combination of both over the age of three months exceed six per residence. 

(`75 Code, § 3-55)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)  Penalty, see § 10.99

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§ 90.37 MULTIPLE PET PERMIT.

If a person wishes to own more than three dogs, he/she may apply for a Multiple Dog Permit. In order to receive a Multiple Dog Permit, the owner must meet the following requirements:

 A.     Sign a sworn statement that they are not (commercially or individually) boarding, breeding or selling animals for profit.

B.     Provide an enclosure as defined by §90.02 of this code.

C.     Provide a minimum outside open space of 1000 square feet for each dog. 

D.     Provide adequate protection from the weather for each dog in the form of a shelter with three sides, a roof, and a floor that provides enough room for the dog(s) to stand up, lie down and turn around in a natural position. 

E.      An inspection will be completed by the Animal Control Division prior to the Multiple Dog Permit being granted. 

F.      Pay an annual permit fee that will be assessed by the city council. 

G.     Any holder of a Multiple Dog Permit permitted under this chapter found to be in violation of any applicable law of the city or the state, or whose property is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have his/her Multiple Dog Permit revoked without prior notice by the Animal Control Divison. 

H.     At no time will the total number of dogs or cats or any combination of both over the age of three months exceed six per residence.

(`75 Code, § 3-56)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.38 RABIES VACCINATION.

A.     Any dog or cat four months of age or older within the city limits must be vaccinated against rabies. All dogs and cats must be vaccinated within one year of receiving their first vaccination; regardless of the type of vaccine used or the age at which the animal was initially vaccinated. If the animal has received the two vaccinations and the last vaccination consisted of an annual rabies vaccine, the dog or cat must receive a vaccination within 12 months. If the last vaccination consisted of a triennial vaccine, the dog or cat must receive a vaccination within 36 months. 

B.     If any unvaccinated dog or cat inflicts a bite, scratch or otherwise attacks any person within the city limits, a rabies vaccine will not be administered to the dog or cat until that animal is released from quarantine. 

C.     Every dog or cat four months of age or older is required to wear a current rabies tag attached to its collar as proof that they have received a rabies vaccination. The dog or cat owner is required to present a current rabies vaccination certificate upon the request of the animal control officer or any police officer.

D.     The Animal Control Officer is hereby designated as the local rabies control authority for purposes of implementation of the Rabies Control Act (V.T.C.A. Health and Safety Code §826.001 et seq.). 

(`75 Code, § 3-57)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98; Am.          Ord. 2003-06, passed 04-01-2003) Penalty, see § 10.99      

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§ 90.39 LICENSE; FEES.

A.     License.  All dogs and cats four months or older which are kept, harbored or maintained within the corporate limits of the city shall be licensed. To receive a license, the owner must show proof of a current rabies vaccination, in the form of a rabies vaccination certificate, and pay the required licensing fee for each animal. The license shall be valid for exactly one year from the issue date. The license may be obtained from the city or any licensed veterinarian within Erath County.

 B.     Fees.  All licensing fees will be assessed by the City Council.

(`75 Code, §§ 3-58 and 3-59)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98; Am. Ord. 2003-06, passed 04-01-2003)  Penalty, see § 10.99

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§ 90.40 TAGS.

A tag will be issued to each licensed pet and shall be displayed on the animal at all times. Replacement tags for lost or stolen tags may be obtained by presenting the receipt for the current year's license fee and paying a replacement tag fee. Tags are not transferable and no refunds will be made.

(`75 Code, § 3-60)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)  Penalty, see § 10.99

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§ 90.41 GUARD DOGS.

All guard dogs shall be considered dangerous dogs and shall comply with the requirements of §90.45.  All guard dogs will be registered as a guard dog with the City of Stephenville.  The area or premises where such dog is confined will be conspicuously posted with warning signs bearing letters not less than two inches high, stating "GUARD DOG ON PREMISES." 

A.     The area of premises will be subject to inspection by the animal control officer to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent it from coming in contact with the public. 

B.     The dog shall be issued a normal city registration tag.  In addition, a Guard Dog registration permit shall be issued and the owner must pay an annual fee (to be assessed by the City Council).  A copy of the permit shall be kept by the dog’s owner.  The guard dog permit will expire one year from date of issuance and is not transferable.      

 (`75 Code, § 3-61)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.42 LATE FEE.

E.      All late fees shall be assessed by the City Council.

Any owner who is found in violation of this section may also be found to be in violation of other sections of this code and may be subject to prosecution for those violations.

(`75 Code, § 3-62)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.43 REVOCATION OF LICENSE.

A.     The Animal Control Division may revoke any cat or dog license after a hearing for any one or more of the following reasons: 

1. Impoundment of a cat or dog by the city more than three times during a 12-month period;

2. If the dog or cat in question has been involved in a conviction violating this subchapter more than three times;

3. Any combination of subsections (1) and (2) totaling three incidents; and

4. Upon a determination that the animal is a dangerous dog, as defined in § 90.44 through § 90.46.

B.     Upon revoking the license of any animal, the Animal Control Division will notify the owner in writing. Written notification will be completed when a certified letter, return receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited in the U.S. Mail. 

C.     Ten days after written notification of revocation, as provided above, is made, no animal which has had its license revoked will be kept, maintained or harbored within the city limits. Each 24-hour period will constitute a separate violation. 

D.     The Animal Control Division will have the authority to conduct random or city wide verification programs in a manner calculated to determine compliance with the license and rabies vaccination requirements.

(`75 Code, § 3-63)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.44 REQUIREMENTS FOR OWNER OF A DANGEROUS DOG.

3. Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.

B.     A person learns that the person is the owner of a dangerous dog when the following occur: 

1. The owner knows of an attack described in definitions (§90.02 ) of this section; or

2. The owner is informed by the animal control authority that the dog is a dangerous dog.

C.     If a person reports an incident described in definitions (§90.02) of this section, the Animal Control Division must investigate the incident. If, after receiving the sworn statements of any witnesses or any other credible evidence, the animal control authority determines the dog is a dangerous dog, it will notify the owner of that fact. Notification will be within five working days; and if the Animal Control Officer cannot personally deliver the notice, it will be made by certified mail, return receipt requested. If this fails, notification may be made by ordinary mail or by leaving a copy of the notice at the owner's residence. 

D.     An owner, not later than the tenth day after the date the owner is notified that a dog is a dangerous dog, may appeal the determination of the Animal Control Division to the Municipal Court. An owner may appeal the decision of the justice or Municipal Court in the same manner as appeal for other municipal cases.

(`75 Code, § 3-74)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.45 REGISTRATION OF A DANGEROUS DOG.

2.      Pays an annual registration fee; and 

3.      Submits a color photograph of the dangerous dog for identification purposes. 

B.     The dangerous dog must be kept at least 100 feet from any other residence or occupied building. 

C.     The Animal Control Division shall provide the owner of a dangerous dog or a guard dog with a permit. 

D.     If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the seventh day after the date of the sale or move, shall notify the Animal Control Division of the new owner's address. On presentation by the current owner of the dangerous dog's prior registration permit and payment of a fee, the Animal Control Division shall issue a new registration permit to the new owner or for the new address. 

E.      An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people or animals.

(`75 Code, § 3-75)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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§ 90.46 ATTACK BY A DANGEROUS DOG.

A.     A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. 

B.     An offense under this section is a Class C misdemeanor, unless the attack causes serious bodily injury or death, in which case the offense is a Class A misdemeanor. 

C.     If a person is found guilty of an offense under this section, the dangerous dog may be considered non-registerable and ordered destroyed. 

D.     In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection will be retained by the city.

(`75 Code, § 3-76)  (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)

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