Animal Ordinances

§ 90.35 RESTRAINT.

Each dog or cat, when outside the owner's building, house or fence, must be restrained by its owner. This restraint may be in 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 § 90.08 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.

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

(`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 or cats, and does not qualify for a kennel permit as outlined in § 90.07, he/she may apply for a multiple pet permit. In order to receive a multiple pet 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 a minimum outside space of 400 square feet provided for each dog.

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

(D) Pay an annual fee that will be assessed by the City Council.

(E) Any holder of a multiple pet 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 pet permit revoked without prior notice by the City Administrator or his/her designee.

(F) At no time will the total number of dogs and cats over the age of three months exceed six per household.

(`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 three months of age or older within the city limits must be vaccinated against rabies. All such dogs or cats will be revaccinated at one year intervals thereafter. Any person establishing residence within the city will comply with this section within ten days of establishing such residency.

(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 three months of age or older is required to wear a current rabies tag attached to their 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 Division or any police officer.

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

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§ 90.39 LICENSE; FEES.

(A) License. All dogs and cats three months of age 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) Penalty, see § 10.99

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§ 90.40 TAGS.

A tag will be issued to each licensed pet and should 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 to be assessed by the City Council. 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 will obtain a permit from the city. 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 Division 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 will be issued a tag by the city, and the owner must pay an annual fee to be assessed by the City Council. The guard dog permit will expire one year from date of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all times.

(C) Dogs permitted under this section will not be required to obtain a city license, but will be required to comply with all provisions of this chapter.

(`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.

For the purpose of this chapter, a late fee may be assessed under the following conditions:

(A) Failure to obtain a license for a dog or cat that is over three months of age;

(B) Failure to renew license within ten days of expiration of current license;

(C) Failure to obtain license within ten days of the animal taking up residence in the city; and

(D) All late fees will be assessed by the City Council.

(`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 City Administrator, or his/her designee, 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, 90.45, 90.46.

(B) Upon revoking the license of any animal, the City Administrator, or his/her designee, 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.

(A) Not later than the fifth day after a person learns that the person is the owner of a dangerous dog, the person will do the following:

(1) Register the dangerous dog with the Animal Control Division;

(2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and

(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 division (A) 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 division (A) 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 the fact. Notification will be within five working days, and if the Animal Control Division 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.

(A) The Animal Control Division may annually register the dangerous dog if the owner does the following:

(1) Presents proof of the following:

(a) Liability insurance or financial responsibility, as required by § 90.44;

(b) Current rabies vaccination of the dangerous dog; and

(c) A secure enclosure, as defined in the Tex. Health and Safety Code, Ch. 822, subchapter D, 882.041(4), in which the dangerous dog will be kept;

(2) Pays an annual registration fee that will be assessed by the City Council; 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 will provide the owner a registration tag, which must be placed on the dog's collar.

(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, will notify the Animal Control Division of the new owner's address. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee that will be assessed by the City Council, the Animal Control Division will issue a new registration tag to be placed on the dangerous dog's collar.

(E) An owner of a registered dangerous dog will 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 nonregisterable 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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