10-M-31-Amending Chapter 14 COD animal SalesORDINANCE NO. 10-M-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE
CITY BY AMENDING CERTAIN PROVISIONS OF CHAPTER 14,
ARTICLE III OF SUCH CODE AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
WHEREAS, concerns have been expressed by citizens to the City Council of the City of
Schertz ("City Council") regarding the sale of live animals on roadsides, in public areas, and at
the Schertz Civic Center; and
WHEREAS, Chapter 14, Animal Control of the Code of City Ordinances, City of
Schertz, regulates the sale of live animals; and
WHEREAS, the City Council desires to (i) amend certain portions of Chapter 14 of the
Code of Ordinances, and (ii) add a new Section to such Chapter 14;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Amendment of Chapter 14 of the Code of Ordinances.
(a) The definition of "Pet shop" in Section 14-1 of Chapter 14, Article I, Definitions,
of the Code of Ordinances, is hereby amended to read as follows:
"Pet shop: Business establishment, whether licensed or not by the city,
where two or more breeds and or species of animals including dogs, cats, fish,
birds, reptiles, or rodents are kept for sale or commercial barter."
(b) Section 14-33 of Chapter 14, Article III, Permits, of the Code of Ordinances, is
hereby amended by amending subsection (a), deleting existing subsections (1), (m), and (n) and
adding new subsections (1) and (m), and restating all of Section 14-33 to read as follows:
"Sec. 14-33. Permits.
(a) No person shall operate a pet shop, commercial animal establishment,
kennel, stable, or cattery unless the establishment is located in a properly zoned
area and unless a permit has first been obtained in compliance with this section.
(b) The city shall promulgate regulations for the issuance of permits and
shall include requirements for humane care of all animals and for compliance with
the provisions of this ordinance and other applicable laws. The city may amend
such regulations from time to time as deemed desirable for public health and
welfare and for the protections of animals.
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(c) When a permit applicant has shown that he or she is willing and able
to comply with the regulations promulgated by the city, a permit shall be issued
upon payment of the applicable fee(s).
(d) The permit period shall begin with the date the permit is issued and
shall be effective for a period of one year. Renewal applications for permits must
be made 30 days prior to, and are due at the date of, the original permit.
(e) If there is a change in ownership of a commercial animal
establishment or kennel, the new owner must apply for a new permit. Permits are
not transferable.
(f) Annual permits shall be issued upon payment of the applicable fee as
listed in Exhibit I, "Fee Schedule".
(g) Every facility regulated by this chapter shall be considered a separate
enterprise requiring an individual permit.
(h) Persons operating kennels for the breeding of dogs or cats which
handle less than ten animals may elect to license such animals individually.
(i) No fee under this chapter may be required of any veterinary hospital,
animal shelter, government operated zoological park, school district, civic or
charitable organization, but all other applicable regulations shall apply.
(j) Failure to obtain a permit before opening any facility covered in this
section shall result in a fine.
(k) Any person who has a change in the category under which a permit
was issued shall be subject to reclassification of the permit fee.
(1) No person shall operate any pet shop within the city limits without
first obtaining a permit from the City which shall take into consideration the
requirements of subsection (m) below and related zoning requirements. The
Animal Services Manager of the city shall utilize a standardized check-list
adopted by the Department, and as revised from time to time, for inspecting and
evaluating the qualifications of applicants. Each pet shop permit shall be valid for
one (1) year, and applications for an original or renewal pet shop permit shall be
submitted to the Animal Services Department and shall be approved or denied by
the Animal Service Manager. The Department shall investigate the applicant's
qualifications for a permit, and report its findings to the Animal Service
Manager. A conviction for a charge of animal cruelty or neglect shall constitute
cause for denial or revocation of a license. Intentionally, knowingly, or recklessly
failing to apply for a permit prior to the opening of a pet shop, or within thirty
(30) days after the annual renewal date shall constitute a misdemeanor offense.
(m) Further requirements for a pet shop permit are as follows:
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(1) The pet shop building must be a permanent structure of a
reasonable size to prevent crowding, occupied by the permit holder
no less than one day per month, consisting of no less than three
solid walls, and a roof to protect animals from the elements, be
well ventilated, and be capable of maintaining temperatures
between 55 and 85 degrees F.
(2) All applicants must present a valid Texas Sales tax permit.
(3) All animals being sold must be at least eight (8) weeks old,
healthy, and have had all applicable vaccinations required by
Texas or federal law, or written arrangements for such vaccinations
at the time of sale. There must be a complete medical history for
each animal, including labels from all vaccinations, veterinary
exams, and exam findings including any preexisting medical
conditions.
(4) Animals must be housed in clean, species and size appropriate
cages or pens, with ample water to sustain them comfortably and
humanely for the duration of the time they will be housed.
(5) Animals being sold as purebred must have documentation proving
the animal's lineage, or both parents must be available for viewing
by prospective buyers.
(6) Out of state vendors maybe subject to further review.
(7) Proof of origin for all animals is required. Applicants suspected of
being or using unlicensed animal brokers will not be issued a
permit. Animals originating from areas other than Texas may be
subject to further review.
(8) The permit applicant must identify all animal breeders associated
with the pet shop, and the Animal Services Department may
require reasonable documentation concerning licensing, regulatory
compliance, prior charges for violation of laws or regulations
relating to the care or sale of animals, and pending claims
concerning the same before a permit will be issued. No animals
from unapproved sources maybe sold in a pet shop."
(c) The following new Section 14-36 is hereby added to Chapter 14 of the Code of
Ordinances:
"Sec. 14-36. Prohibited sales.
(a) It shall be unlawful for any person to sell, exchange, trade, barter,
lease, rent, give away or display for a commercial purpose any live animal on any
roadside, public right-of--way, parkway, median, park, playground, swimming
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pool, other recreation area, flea market, or commercial or retail parking lot that is
generally accessible by the public, regardless of whether such access is authorized
by the owner of such property.
(b) A person commits an offense if the person fails to comply with this
section.
(c) It is an affirmative defense to prosecution under subsection (a) that
the person is a veterinary clinic, animal hospital, animal shelter, animal welfare,
rescue, and/or adoption agency that is a registered non-profit entity in compliance
with section 501(c)(3) of the Internal Revenue Code, bona fide zoological park,
circus, educational institution, museum, licensed laboratory, publicly owned
nature center, bona fide member of an educational or scientific association or
society approved by the director of health services for the city, persons holding
permits from an agency of the State or the United States for the care and keeping
of animals for rehabilitative purposes, animal establishment in compliance with
the terms of this Chapter, or an individual caring for animals in a private
residence in compliance with the terms of this Chapter.
(d) Officers in the city's Animal Services, Public Health, Code
Compliance, Police, and Marshal's Departments are authorized to investigate
alleged violations of this section and to issue citations for such violations.
(e) All animals being sold publicly in the city must be sold pursuant to
an annual pet shop permit and meet all of the applicable requirements."
Section 2. Recitals. The recitals contained in the preamble hereof are hereby found to be
true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted
as a part of the judgment and findings of the Council.
Section 3. Conflicts. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 5. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be valid, and
the City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 6. Open Meetings. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code.
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Section 7. Effective Date. This Ordinance shall be effective upon the date of final
adoption hereof and any publication required bylaw.
PASSED ON FIRST READING, the 12th day of October 2010.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 19th day of
October, 2010.
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ayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
(Seal of City)
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