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1995H01 ANIMAL REGULATIONS ORDINANCE NO. Y'S.;I-/ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCE. WHEREAS, the City Council of the City of Schertz has determined to amend Chapter 4 of the Code of Ordinances of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT the existing Chapter 4 of the Code of Ordinances of the City of Schertz is hereby deleted and the following is substituted in its place: ARTICLE I. IN GENERAL Sec. 4-1 Definitions to The following definitions shall apply in the interpretation and enforcement of this chapter. Advisory Committee: Appointed members consisting of a licensed ....... official, one shelter operator, welfare organization. by City Council four (4) veterinarian, one municipal and one me~er of an animal ~nimal: Any live or dead vertebrate creature, warm or cold blooded, domestic or wild. Animal-At-Large: Any animal not under the restraint (as defined below) of a person capable of controlling the animal on or off the premises of the owner. Animal Control Facility: Any Schertz, or its authorized impounding, quarantining, or authorfty-of this chapter. facility operated by the City of agents for the purpose of caring of animals.held under the Animal Control Officer: Person designated and duly sworn the City of Schertz as a law enforcement officer who qualified to perform such duties under the laws of this and this State. by is City Anti-Escape: Any housing, fence or device which the dogs, or any other animal cannot go over, under, through or around. Auctions: Place or facility where animals are bought, sold or traded except for those facilities defined in this code. The term does not apply to sales .of animals by priyate owners. Bite: Puncturing or tearing of the skin by an animal's'teeth. regu~arly otherwise individual Cat: Any live or dead Felis Catus. Circus: Commercial variety show featuring animal acts as public entertainment. City Veterinarian: A person appointed by the City Council, who is licensed to practice veterinary medicine in the State of Texas. Commercial Animal Establishment: Any pet shop, grooming shop, guard dog or obedience training center, animal auction, riding school or stable, zoological park, circus, perfo~ing animal exhibition, or boarding or breeding kennel. Commercial Property: A tract of land and/or building for, or utilized for, commercial or business uses in the limits including temporary sites.- zoned city Currently Vaccinated: Vaccinated and satisfying the following criteria: (1) the animal must have been at least three months of age at the time of vaccination. (2) at least 30 days have elapsed since the initial vaccination. (3) not more than 12 months have elapsed since the most recent vaccination. Custodian: A person or agency which feeds, shelters, harbors or has possession or control or responsibility to control an animal. -; Dangerous Animal: attacks any other -provocation. Any animal that bites animal or any human or scratches or being without Dog: Any live or dead Canis Familiaris excluding hybrids. Domestic Animal: Tame, domesticated, of or pertaining to the family or household. Exotic Animals: domestic animals, ferrets, pythons, scorpion~. lizards. Animals which are not livestock or typical including but not limited to the following, boa constrictor, non-poisonous spiders, Fowl: A bird of any kind) domestic or wild, cock or hen (Gallus Galli~). -2- '. Grooming Shop: a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed. Guard Dog: Any professionally trained dog that will detect and warn its handler that an intruder is present in or near an area that is being secured. Any dcg that -is utilized to protect ~ercial property. Guard Dog Permits: Issued for each commercial establishment where guard dogs are to be used or where guard dogs are kept to be boarded. Guard Dog dogs are boarded, guard dog Training Center: Commercial property where guard to be used, or where guard dogs are to be kept, bred, sold, let to hire or trained for a fee for purposes. Handler: Any person who is responsible for and capable of controlling the actions of a guard dog. Training or transporting the guard dog. High Risk Animal: transmitting rabies; Those which have a high probability of skunks,_ bats, foxes and raccoon. Housing: Any location where the guard dog is kept when not utilized for protection purposes. . Humanely Killed: To cause the death of an animal by a method which: a. . rapidly produces unconsciousness and visible evidence of pain or distress; death or without b. utilizes painless such loss ....... anesthesia produced by an agent which causes loss of consciousness, and. death following of consciousness. Hybrid: Any offspring of two animals of different species. ~ennel or Cattery: - Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats; or a facility for keeping more than three animals of the same species. Impoundment: To place an animal in the City's Animal Control Facility; or the taking into custody of an animal for purposes of transportation to the City's Animal Control Facility. Isolati9n~ The keeping of -an animal in-a secure where it will have contact only with the persoll waters, and cares for it. enclosure who feeds, Licensed Veterinarian:. A v~terinarian licensed to practice veterinary medicine in one or more of the 50 states. -3- Livestock: Domestic animals used or especially those kept for a profit; ponies, mules, donkey~, cattle, goats, swine regardless of age, sex or breed. raised on a farm, specifically horses, rabbits, sheep, and Local Hea~th Authority: The C~ty ~~imal ~c:>ntrol_. O~fice~ shall be designated as the local Health Author1ty, Rab1es ~ontrol Officer and shall handle all duties required under the Rabies Control Act of 1981 and all amendments to that"Act. Observation Period: The ten (10) days following a bite or scratch incident during which the offending animal's health status must be monitored, the 10 day observation period will begin on the day the incident occurred (day one). Owner: Person keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed _or sheltered for three consecutive days or more. Performing Animal Exhibition: Any spectacle, display,' act, or event, other than circuses, in which performing~nimals are used. This shall include animal amusement vendors such as, but not limited to, pony-go-round rides, commercial horseback pictures, etc. Person: Individual, corporation, government, or governmental sub-division, or agency, business trust, estate, partnership, association or any other legal entity. Pet or Companion Animal: Any animal kept for pleasure rather than utility; an animal of a species that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Pet Shop: . Any person, partnership, or corporation, whether operated.......separately or in connection with another business enterprise, except for a licensed kennel, dr stable that buys, sells or boards any species of animal. -Positive Control: Confined to a quarantine facility where the animal cannot make physical contact with other animals or humans, other than a licensed veterinarian, Animal Control Officer or Shelter Operator. Possible Exposure to Rabies: Receipt of a bite from any warm blooded animal, animal to human or animal, is reason to suspect exposure to rabies. or scratch animal to Poultry: Any species of domesticated birds commonly kept for eggs and,ar meat. . ,~ -4- Provocation: Any purposeful act that causes an animal to bite, scratch or attack in protection of self, owner or owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with. City Ordinances would be considered provocation, irrespective of the reason for such entrance. Public. Nuisance: Any animal or animals that .unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "Public Nuisance Animalto shall mean and include, but is not limited to, any animal that: 1. Is repeatedly at large or stray 2. Damages the property of anyone other than its owner 3. Molests or intimidates pedestrians, or passerby 4. Trespasses on school grounds 5. Chases vehicles 6. Excessively makes disturbing noises, including but not limited to continued and ~epeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. 7. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. -; 8. -Causes uns~nitary conditions in' enclosures or surroundings where the animal is kept or harbored. 9. Is offensive or dangerous to the public health, or welfare by virtue of the number and or animals maintained. safety type of 10. Attacks other domestic animals. Quarantine: Strict confinement, for the purpose of preventing the spread of disease, under restraint by closed cage, isolated kennel, rabies chamber, paddock or - in any other manner approved by the local health authority on the private premises~ of the owner or at~ faCility approved pv the Texas Departmefit-'of Health. .. '. Quarantine Period: That portion of the observ~tion period during which a biting or scratching' animal is physically confined for observation as provided for under the quarantine ~ethod and testing section of this Chapter. -5- Rabies: An acute viral disease of man and animal affecting the central nervous system and usually transm~tted by an animal bite, scratch or saliva. Restraint: Any "animal secured by a leash or : lead. Said animal must be under the control of a responsib!,e person and obedient co that person's"corrimands. At' all othe1 l7-imes, ,a dog or other animal shall be confined to the realty or premises of the owner of such dog or other animal by substantial fence of sufficient strength and height to prevent such dog or other animal from escaping there from; or inside a house on such premises; or secured on such premises by a leash consisting of a material of sufficient strength to prevent said dog or other animal from escaping from such premises. If the dog is not behind such a proper fence, it shall be unlawful for the leash to be arranged in such a manner that allows the dog or other animal to get on or across or within eight feet of any street, park, or other public land or within eight feet of any sidewalk, public way, place or building when such leash is stretched to its full length. A animal so arranged shall be considered dangerous to the public in general an~declared a nuisance, and shall be impounded. Riding School or Stable: Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals, including a racetrack, trotting track, or rodeo. Scratch: A scrape left by the claws or nails of an animal and of sufficient severity to -break the skin or draw blood. Sick Animal: Any animal that appears to be suffering from an -infectious, contagious, or communicable disease; or that is showing evidence of a physical disorder, or traumatic injury; or that h~ ,an elevated temperature. .; Small Animal: Rabbits, guinea pigs, domestic mice, hamsters, 'hedgehogs, gerbils, etc. Stray: Animal running free or at large; with no physical or verbal restraint. Sterilization: organs of a reproduce. The surgical removal of dog or cat to render the the reproductive animal unable to Temporary used for Markets. Permit: Not to exceed three (3) consecutive the temporary sale or give away animal(s)) at days Flea Unowned Animal: identified. Animal for which an owner has not been Unrestrained: Not restrained by leash or lead, no physical or _verbal restraint, or by a substantial fence or pen. -6- Utility: Kept for the production of a useful product, or for its skill rather than for show or as pets. Vaccinated: Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by or under the direct supervision of a licensed veterinarian. Veterinary Hospital: Any establishment operateQ, by a, veterinarian .for: "surgery, treatment of diseases and injurie~ of animals. maintained diagnosis, and and Vicious/Dangerous Animal: Any animal that attacks bites, or injures human beings or domesticated animals without provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings, or domesticated animals; or an individual animal which the local health authority has reason to believe has a dangerous disposition, likely to be harmful to humans or other animals. . Wild Animals: All wolves, coyotes, panthers, lions, bobcats, cougars, "ferrets, skunks, armadillos," poisonous reptiles, raccoons, monkey (non~hUman primate); and any other animal typically found in a zoo except the following: 1. Domestic Dogs 2. Domestic Cats 3. Livestock 4. Poultry Wildlife: Any animal that occurs naturally in the wild state. Wild State: Living in its original natural~onditioni not domesticated, regardless of state or duration of captivity. Zoo or Zoological Park: Facility other than pet shops or kennels displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, corporation or government agency. ARTICLE II Sec. 4-2. Animal Control Officer (a) The office of Animal Control Officer is hereby created. (b) The'auty.of Animal Control Officer(s) will be to gather up and impound or quarantine any livestock, i fowl, cats, dogs or other domestic and non-domestic animals found running at large (stray) within the City limits; and to enforce all provisions of this Chapter. -7- (c) The Animal Control Officer{s) is hereby designated as the Health Authority for the purpose of this Chapter. Sec. 4-3. Monthly Reports of Animal Control Officer. It shall be the duty of the Animal Control Officer to report in writing monthly the total number of animals impounded and or quarantined, the total number of animals redeemed or sold to private parties; the total number of animals humanely disposed' of under -the provisions of this Chapter, and the animal population as of the last work day of the month at the Animal Control Facility. Sec. 4-4. Fee Deposits: It shall be the duty of the Animal Control Officer to payor cause to be paid all monies collected by him/her under the terms of this Chapter to the City of Schertz. Sec. 4-5. Limiting the Number of Domestic Animals: (a) ,It shall be a violation of this Chapter for any person to possess, own or otherwise keep within the City of Schertz more than three (3) animals of the same species in any developed residentially zoned section or to keep more than six (6) animals of the same species excluding livestock in an area zoned agricultural/residential which exceeds 1 acre (43,560 sq ft or more) except in cases of newly born or hatched litters or clutches under the age of three (3) months old. (b) This section shall not apply to commercial kennels, veterinary establishments or animal hospitals operated by a licensed veterinarian, or pet shops and grooming shops located on property zoned for such purposes. Such establishments, however, must,. meet sani tat ion requirements and keep animals securelY caged or penned. ARTICLE III. LICENSING/PERMITS Sec. 4-6 Licensing Procedures: (a) Any person owning, keeping, harboring or having of any dog or cat four months of age or older this municipality must obtain a license as provided. custody within herein (b) Written application for licenses shall be made to the City of Schertz which shall include: name, address of app~~canti name of animal, description of the animal, a rabies certificate issued by a-licensed veterinar~an and the appropriate licensing fee. License fees sha~i not be required for seeing eye dogs or' governmental police dogs, however other requirements of other. sub-paragraphs under this article shall remain in force. -8- (c) Application for a license must be made within thirty days after obtaining a dog or cat over three months of age; this requirement will not apply to a nonresident keeping a dog or cat within the municipality for not longer than'sixty days. Sec. ~-1 License, Acceptance ~ud Use: (a) Upon acceptance of the license application and fee, the City of Schertz shall issue a durable tag or identification collar, stamped with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal's collar or harness. Each dog and cat must wear an identification tag attached to a properly fitted collar at all times. (b) The licensing period shall begin with the rabies vaccination date and shall run for one year. (c) It shall be the duty of the owner of any dog or cat to procure a duplicate tag from the City of Schertz in the event that the original tag is lost or destroyed. There will be a fee charged for each replacement tag. (d) No person may use a license for any animal other than the animal for which it is issued. (e) The Animal Control Officer shall maintain a record of the identifying numbers of all tags issued. Sec. 4-8 Permits: (a) No person, partnership, or corporation shall operate a 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 of Schertz 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 of Schertz may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals. (c) When a permit applicant has shown that he is willing and able to comply with the regulations promulgated by the City of Schert.%, a permit shall be issued upon payment of the applicable' fee. (d) The permit period shall begin with the date the permit is issued and shall run for one (1) year. Renewal applications for permits may be made thirty days prior to, and are due at the date of the original permit. -9- (e) If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit. Permits are not transferable. (f) Annual permits sha~1 be issued upon payment of the applica~le 'fee as l~sted :n the Fee Schedule. (g) Every facility regulated considered a separate individual permit. by this Chapter shall enterprise' requiring be an (h) Persons operating kennels for breeding of dogs or cats which handle less than ten (10) animals may elect to license such animals individually. (i) No fee may be required of any veterinary hospital, animal shelter, government operated zoological par~, school district, civic or charjtable organization, but all other applicable regulations shall apply. (j) Failure to obtain a permit before opening~ny 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 a reclassification of the pe~it fee. (l) This section shall also apply to any person selling, or giving away any animal{s) at flea markets. A temporary permit must be obtained not exceeding three (3) days. (m) A person may sell or give away animals at a Flea Market on a temporary basis not to exceed three (3) consecutive days. Fee shall be as shown in Exhibit 1- upon obtaining a temporary permit. (~) Temporary Permits shall consist of the following: 1. Vendor's name 2. Address and city 3. Phone number 4. Type of animal to be sold or given away 5. Location of Flea Market 6. Rabies and vaccination information -10- .. Sec. 4-9 Guard or Sentry dog permits: '(a) Guard dog permit applications following information: shall include the . - l. ., 'l'he . business name, .address and telephooe .number' of Ene commercial propecty where the-gua~u aogs are to be used. 2. The name, address and telephone number of the dog's handler{s) who can be reached at any time during the day or night. 3. The number of dogs to be used and a general description of their use. 4. Description of the dogs and proof of their current vaccination and city license. 5. The location of where the dogs are to be housed. 6. Any other information that the rabies control -officer deems necessary by rules and regulations. Permit holders shall notify the rabies control officer if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued. (b) An animal control officer shall inspect the facilities where the guard dog is to be used and housed when the guard ~og permit is. applied for and when it is renewed. (c) If the inspection reveals that the requirements of this section are met, a permit fee for each commercial property shall be paid to the city. The permit shall b~displayed at the approved commerq4al property and a - rabies vaccination and the city license tag shall be affixed to the collar of each dog used. Nothing. .in this section shall exempt guard dogs from any of the other provisions of this Chapter. (d) Each permit shall be valid for the period of one (1) year and must be renewed annually within thirty (30) days prior to the expiration date. (e) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial properties where guard dogs are in use. Sec. 4-l0 License and Permit: Is.suance and Revoca4r-!()n: (a) The City of Schertz may revoke any permit\or license if the person(s) holding the permit or license refuses or: fails to comply with this Chapter or any law governing the protection and keeping of animals. -ll- (b) Any person whose permit or license is revoked shali, within ten (lO) days thereafter, humanely dispose of all animals owne~, kept or harbored by such person and no part of the permit or license fee shall b~ refupded. (c) It shall be ~ condition of the. issuance .of any permit a-r license that the City'of Schertz shall be permitted to inspect all animals and premises where animals are kept any reasonable time of the day and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner named on the permit or license. (d) If the applicant has withheld or falsified any information on the application, the City of Schertz shall refuse to issue or may revoke a permit or license. (e) No person(s) who has been convicted of cruelty to animals shall be issued a permit or license to~perate a commercial animal establishment. ARTICLE IV RESTRAINT AND ANIMAL CARE Sec. 4-ll Restraints: (a) All dogs, cats, and other animals shall be kept restraint; and shall not be allowed to run at stray. under large, (b) No owner shall fail to exercise proper care or control of his animals to prevent them from becoming a public nuisance. (c) Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into cdfttact with another animal except for planned breeding. (d) Any animal within the city that shall bite, scratch, or otherwise attack a person who is not at the time trespassing upon the property of the owner or person having control of such animal, nor provoking or teasing such animal shall be deemed vicious or dangerous (by definition) to persons or other animals and the City of Schertz may order, the following .procedures listed below, that such animal be kept muzzled, or kept within a sufficient enclosure, or that such animal be permanently removed from the corporate limits of the Citv of Schertz, or-that such animal be delivered to t~~~nimal Control Officer to be humanely euthanized. , \ -l2- 1. Name, address, and telephone number of complainant and any other witnesse~ to the incident; 2. Date, time and location of the incident; 3. . Desc~ip.tion 'of the.animal; 4. 'Name, address and telephone number of the owner~ 5. A statement that the animal attacked and/or killed another animal; 6. A statement that the animal attacked or bit a human being (refer to definitions of vicious and provocation in Sec. 4-1); 7. A statement that the animal has exhibited V1C1QUS propensities in past conduct (if known); and 8. Other facts or circumstances of the incident1 (f) After a sworn complaint is filed with the local health authority he shall investigate the complaint ..and if there be sufficient evidence he may request the Municipal Judge to set a time and place for a hearing. Notice shall be given of. the hearing to the animal's owner by personal service or certified mail, return receipt requested, at least ten (10) days prior to the hearing date. (g) The Municipal Judge shall hold such hearing and shall determine at the hearing if the animal specified in the complaint should be ordered to be kept muzzled, kept within a sufficient enclosure, removed from the City limits or destroyed for the protection of the public h~lth, safety and welfare of the. community. The Municipal Judge shall receive testimony at the hearing concerning the incident under investigation. To order the removal or destruction of the animal, or the muzzling, or keeping of an animal in a sufficient enclosure for the public health, safety and welfare, the Municipal Judge may find 1. The animal attack or bit a human being or attacked or killed another animal; 2. The animal is the same animal which committed the acts in (1) of this sub-section; 3. Destruction of or~emoval of. the animal ~is necessary to preserve the public 'health,safety and welfare of t}:le community. -13- 4. The animal attacked or bit a human being or another animal; or the animal has a known propensity to attack, bite, or injure human beings or domesticated animals because, of temperament, conditioning~ o~ trainingi. or it is demonstrated by the local health .authority that the animal has dangerous, 1isposition, , likely to be harmful to humans or other animalS;. 5. The animal is the same animal which committed the act in (4) of this sub-section; 6. Muzzling or keeping of the animal in a sufficient enclosure is necessary to preserve the public health, safety and welfare of the community. If the Judge orders muzzling, keeping within a sufficient enclosure, destruction or removal of the animal and the owner is not present at the hearing he shall notify the owner of the' decision by personal service or certified mail, return receipt requested. If the Judge does not order destruction - of or removal of the animal, the Animal Control Officez:shall, if the animal was impounded and if any required rabies observation quarantine period has been completed, return the animal to the owner upon paYment of any fees due, with the understanding that any muzzling or keeping within a sufficient enclosure order must be followed as long as the animal remains within the City limits of Schertz. (h) An owner of an animal may appeal a destruction or removal order to a court of competent jurisdiction within five (5) days of the decision. If the Municipal Judge receives written notice of the intent to .appeal within five (5) days of the decision, he shall suspend the destruction or removal order pending final determination of the court. If said appeal is p~ected by the filing of a petit1p,n in a court of - competent jurisdiction within ten (lO) days of the order of destruction or removal, he shall suspend the destruction or removal pending the outcome of the appeal. In that event the owner will have forty-eight (48) hours notice to pick-up the animal if it was impounded and if any required rabies observation quarantine period has been completed and hold the animal pending the appeal. All fees due must be paid before the animal is released to the owner and animal must be kept muzzled or within a sufficient enclosure if so ordered. Failure to claim the animal within forty-eight (48) hours will result in the execution of the removal or destruction order. - (i) In the event that any animal is. discovered in violation of any removal or destruction order:des{:ribed in (g) above, the animal shall be immediately seized and humanely euthanized. If any animal is discovered in -l4- viol~tion of any sufficient enclosure person controlling under the provisions muzzling or keeping within a the animal shall be seized and th~ such animal shall be prosecuted of (j) below. (j) It shall be unlawful for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any vicious animal e~cept as directed by this Chapter. Upon conviction harboring a vicious: animal in violation of this Chapter shall result in a fine. (k) ~o part of this .Chapter shall preclude at any time the filing of complaint in the court of competent jurisdiction under the provisions of the State of Texas Vicious Dog Act, Section 42.12 of the Penal Code. Sec. 4-12 Care: (a) No owner shall fail to provide his animal with sufficient good and wholesome food or water, proper shelter, . protection from the weather, veterinary care when needed to prevent suffering or.with humane care and: treatment. (b) It shall be the duty of the owner or keeper of each and every dog or cat kept in the City of Schertz to have such dog or cat vaccinated against rabies by a licensed veterinarian by the time the animal is four (4) months of age and yearly thereafter. It shall further be the duty of each owner or keeper to obtain a certification from such veterinarian certifying that such animal has been vaccinated and produce that document for inspection by the Animal Control Officer. when requested. If the vaccination document cannot or will not be produced by the owner or keeper of such animal the Animal Control Officer shall issue a citation for failure to com~ly with this section of'f,the Chapter. . , (c) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, instigate, or permit any dog fight, cock fight or other combat between animals animals and humans. or cause, fight, bull or between (d) No owner of an animal shall abandon such animal, or in the case of impoundment by the Animal Control Officer, allow the animal to remain in the Animal Control Facility beyond a five (5) day maximum after notification of impoundment of such animal. (e) Only-a licensed veterinarian shall crop a dog's ears. (f) Only a licensed veterina~ian shall dock, c]ip, or cut a dog's tail. -15- (g) Any person who, as the operator of a motor vehicle~ strikes a domestic animal shall stop at once and render such assistance as may be possible and. shall immediately report such injury or death to the appropriate law enforcement agency. Failure to do so shall be a violation of this Chapter. (h) It shall be unlawful for any person to attach or permit to be attached to any animal belonging to him/her, or in his/her possession, any cowbell or ,loud sounding,.' noisy, or disturbing implement or instrument within the limits of the City. (i) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose on his/her own property common rat poison mixed only with vegetable substances. (j) No person; except a person licensed by the Texas Parks and Wildlife Department, shall place or set out steel jaw' leg and/or neck traps with the intent 9f trapping any animal. (k) The owner of every animal shall be responsible for the removal of any excrete deposited by his/her animal(s) on public walks, recreation area, or private property including the property of the owner. (1) All persons residing in the city of Schertz who own dogs or cats must keep such dog or cat at the registered residential premises permanently occupied and inhabited by said animal's owner or a licensed kennel. It shall be unlawful for said owner to keep their animal at any other location within the city limits of the City of Schertz. :t. ARTICLE V IMPOUNDMENT AND VIOLATION NOTICES Sec. 4-13 Animal Control Officer(s) Duties The Animal Control Officer(s) are hereby empowered during the performance of his/her duties to: (a) Capture unrestrained dogs, cats, and nuisance animals shall be taken by the Animal Control Officer and impounded at the Animal Control Facility and there confined in a humane manner. Any animal that poses a threat to public health and safety, any wild animal kep~ ~illegally, or any animal that has been cruelly treated or abused shall also be impounded. ~9r purposes o~ discharging the duties imposed by the provisions of this Chapter or other applicable laws, -16- _.._-----_._._~~._~-_._.__.__._-_.._------------ and to enforce the same duly authorized representatives (or employees) may enter upon private property to the full extent permitted by law, which shall include but not limited to entry upon private unfenced property when in pursuit of any animal which he/she has reason to believe is subject to impoundment pursuant to the provisions of this Chapter or other applicable laws. , (b) Licensed impounded dogs and cats shall be kept for not fewer than 120 hours. (c) Unl~censed impounded dogs and cats, other domestic animals and livestock shall be kept for not fewer than 72 hours. (d) Wild cats, hours at Supervisor. dogs or other animals may be kept 0 to 72 the discretion of the Animal Control (e) Sick or injured animals wearing no identification thrQugh which own~rship determined may be kept 0 to 72 hours at the of the Animal Control Supervi~or. apparent can be discretion (f) If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Control Officer shall use his best efforts to immediately upon impoundment notify the owner by direct contact, telephone, mail, or other reasonable means. (g) An owner reclaiming an impounded dog or cat shall pay all impounding fees, boarding fees and licensing fees according to the fee schedule. If no proof of a current rabies vaccination can be produced, the Animal Control Officer(s) shall issue a citation for violation of this law. Impounding and boarding fees for all other animals shall be according to tQ~ Fee Schedule. Subsequent impounds occurring within twelve (l2) months shall be charged double the schedule fees. (h) Any dog or cat not reclaimed by its owner within l20 hours for a licensed animal or 72 hours for an unlicensed animal shall become the property of the City of Schertz and shall be placed for adoption or humanely euthanized. Other impounded animals not reclaimed by an owner within 72 hours shall become the property of the City of Schertz. (i) In addition to, or in lieu of, impounding an animal found at large, the:Animal Control Officer may issue to the ~nown owner of such animal a citation for violation of'this ordinance. A-person who is convicted of own~n~ an animal at large shall pay a fine as estQblishedby the City of Schertz "'Municipal Court. .. Subsequent convictions of this subsection within a 12 month period shall double the minimum applicable fine. -17- Sec. 4-l4 Authority to Slay Animals Running at Large: If any animal found at la~ge in violation of this cannot be safety taken up and impounded, and or cause to human life/domestic animals such animal may, if necessary, be slain by any authorized Police Officer or Contr0l Officer. ~ Chapter threat deemed Animal ARTICLE VI RABIES CONTROL - CONTROLLING AND QUARANTINE OF ANIMALS INVOLVED IN BITING, SCRATCHING INCIDENTS Sec. 4-15 Rabies Vaccin~tion: (a) It shall be unlawful for any person to own, keep, harbor, or have custody or control of a dog or cat that is four (4) months of age or older within the City of Schertz unless such dog or cat is currently vaccinated against rabies by the injection of. anti-rabies vaccine by the direct supervision of a licensed veterinarian. (b) Every owner of a dog or.cat immunized against'rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificate shall c~ntain the following information: 1) Owner's name, address and telephone number. 2) The species, sex, age, size (lbs, predominant breed, and color of the vaccinated animal). 3) The vaccine used, producer, e~piration date, and serial number. 4) Date vaccinated. 5) Rabies tag number. 6) Veterinarian's ~ignature and license number. (c) A veterinarian or person under the direct supervision of a veterinarian who vaccinates a dog or cat as required herein shall furnish the owner thereof with a metal tag approved by the Animal Control Officer bearing a number corresponding to the number placed on the certificate and with lettering showing immunization and the year thereof. This tag shall be attached to the properly fitted collar of the dog or cat for which it is issued, and shall be worn at all times in a conspicuous place' on the collar. , . (d) The Animal Control Officer and Officer(s) shall direct'the owner involved in a biting/scr~tching or Law Enforcemene of a suspected animal incident to have it, -l8- examined for rabies by a licensed veterinarian wit~in twenty-four (24) hours of the incident and submit proof of examination to the Animal Control Officer. (e) Animals involved in a biting/scratching incident for which an owner. cannot be readily identified 'and or c071"'tacted eXpedi tiousl~ will be impoundec:l.. : The.. Animal Control Officer will' insure that the' an~mal is examined within twenty-four (24) hours by a veterinarian. The animal shall be confined under positive control for ten (10) consecutive days. The animal will be isolated from other animals or possible victims. (f) Every animal that has rabies or symptoms thereof, or every animal that a person could reasonably suspect as having rabies, or that bites, scratches, or otherwise attacks another animal or any person within the City_of Schertz shall be impounded at once.' and held, for observation and quarantined at a approved quarantine facility. The facilities must meet the minimum State Quarantine Facility Standards and will b~subject to inspection by the Texas Department of Health. (g) The owner of any dog or cat that is reported to have rabies or symptoms thereof, or have been exposed to rabies or to have bitten, scratched, or otherwise attacked any person or other animal within the City, or that the owner knows or suspects to be rabid or to have attacked an individual, shall submit such animal to the Animal Control Officer for a quarantine period of ten (10) consecutive days at the owner's expense. The ten day observation period shall begin on the day ,of the bite, scratch incident. Any such animal must be immediately surrendered.to the Animal Control Officer. The owner may choose to have the animal quarantined for t~e ten day period at an approved qHarantine facility rn the Greater Randolph. Area. (h) In the event the owner of such animal described in (f) or (g) refuses to surrender such animal on demand, such action shall constitute a misdemeanor and upon conviction be punishable by a fine. (i) The owner of an animal quarantined under this section shall pay the quarantine facility the reasonable cost of the quarantine and disposition of the animal, including the charges for preparation and shipment of the animal head or brain, if required, to the nearest Texas Department of Health certified laboratory for rabies testing. . \ -19- If the owner chooses not to pay for quarantine, the animal shall be humanely euthanized and the brain submitted to the Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. All quarantine related paYme~t arrangements. shall b~ at ~he discretion of the individu~l quarantine facility .and the facil~,t-v... shall be responsiu~e ~or the collecti?n,~f monies owed. (j) The following quarantine procedures shall be observed: 1) Biting, scratching animals and animals suspected of rabies that are placed in confinement for observation must be separated from all other animals in such a manner that there is no possibility of physical contact between animals. 2) The quarantined animal must be observed at least daily by a person responsible for. notifying the Animal Control Officer if clinical signs of rabies are noted. 3) At the discretion of the Animal Control Officer the unowned animal may be humanely euthanized for rabies diagnosis prior to the end of the quarantine period. 4) The Animal Control Officer may require a written agreement by the owner or the custodian at the time of quarantine and the animal may be disposed of according to terms of this agreement. 5) If the biting/scratching animal cannot be maintained in secure quarantine or if the owner chooses, not to pay for quarantine, the animal shall be humanely euthanized and the brain submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense<. Sec. ~-16 Quarantine Method and Testing (a) Animals quarantined at a certified quarantine facility shall be observed, by a licensed veterinarian, or Animal Control Officer, at least on the first and last days of the quarantine period. If it is determined that the animal has clinical signs of the disease of rabies the animal shall be humanely euthanized and the head or brain submitted for testing. If the Animal Control Officer, or veterinarian determines that the animal does not exhibit the clinical signs of the disease of rabies, the Animal Control Officer shall ~"'~)yJde. a f.orm to- the veterinarian lIJi./:.A his/her signature, certifying that the ,animal has been found to be free of the clinic~l signs of rabies at the end of the quarantine period. This form shall be returned to the Animal Control Officer at the end of the quarantine period. -20- b) The owner of the animal may request permission from th~ Animal Control Officer for home quarantine if the following criteria can be met: 1) Secure facilities must be available at the home the animal's owner, and must be approved by Animal Control Officer. of the 2) The animal is currently vaccinated against rabies and possesses a. current city of Schertz license tag. 3) The animal was not in violation of any laws or ordinance at the time of the incident. 4) The bite or scratch incident was a provoked attack. 5) A licensed veterinarian or Animal Control Officer must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the home quarantine period, the veterinarian and the Animal contro~ Officer must be notified by the person having possession of the animal.. At the end of the quarantine period the owner shall transport the animal by direct route to the veterinarian for final observation. Both observations by the veterinarian or Animal Control Officer may be made at the location of the home quarantine if requested by the owner or required by the Animal Control Officer. The release from quarantine must be accomplished in writing. 6) The owner shall be responsible for paying all ~abies observation fees to the veterinarian. 7) It shall be unlawful to violate the provisions and conditions of the home quarantine qp required by the Animal Control Officer. If owner of the animal fails to abide by all provisions and conditions required by the Animal Control Officer' when the quarantine was granted and the animal is found in violation of these conditions the animal shall be immediately impounded and quarantined for the remainder of the observation period at an approved quarantine facility at the owner's expense. (c) No dog or cat shall be released from quarantine unless: 1) The' owner has an unexpired rabies certificate and license for the animal;. vaccination or 2) ~he animal is vaccinated against rabies by. a licensed veterinari~n at the owner's expense and'~ a license is obtained at the owner's expense. -21- (d) No ~ild animal will be placed in quarantine. All wild animals involved in biting/scratching incidents will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis. Sec. 4-17 Disposition of Domestic, Animals Exposed to Rabies: (a) . . Unvaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be humanely euthanized o~,' if sufficient justification for preserving the animal exis~s, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for 90 days and given a booster vaccination during the third and eighth week of isolation. If the animal is under three (3) months of age at the time of the second vaccination, an additional booster should be given when the animal reaches three (3) months of age. (b) Currently otherwise should be: vaccinated animals which significantly exposed to have bitten or a rabid animal 1) Humanely euthanize, or 2) If sufficient justification for preserving the animal exists, the exposed vaccinated animal should be given a booster rabies vaccination immediately and placed in strict isolation for 45 days. 3) These provisions apply only to domestic animals for which an approved rabies vaccination is available. ARTICLE VII FOWL AND OTHER SMALL ANIMALS Sec. 4-18 Stray '. That it shall be unlawful for any person raising or keeping chickens, turkeys, geese" guineas, ducks, pigeons or other fowl unrestrained to permit or allow the same to run at large (stray) within the limits of the City of Schertz. Straying shall be intended to mean the same as in Article I, Section 4-l of this Chapter. Sec. 4-19 Pen, Coop or Enclosure of Fowl: It shall be the duty of every person raising or keeping chickens, turkeys, ducks, geese, guineas, pigeons, or other fowl to keep them in pens, coops or enclosures, which. shall be a' distance of at least' fifty (50) feet from every building/structure (other than the owner of such ,fowl) usea for sleeping, dining or living and shall be kept in a sanitary condition and shall also be kept in such a manner as will be reasonably calculated not to become offensive to neighbors or to the public. -22- Sec. 4-20 Keeping Rabbits, Etc.: It shall be the duty of every person raising or, keeping ,rabbits, hamsters and other small animals to keep such animals in pens, coops or enclosures a distance of at least fifty'(50) fee~ .from every building/structure ,~~e~ for sle~Ding"dining, or' livirtg -and shall be kept in. sanitary conditiou; and ,shall be kept in such a manner as will be reasonably calculated not to become offensive to neighbors or to the public. Sec. 4-21 Not Applicable Hospitals: to Authorized Veterinarian Provided, that this article shall not apply to authorized veterinary hospitals for the treatment of domestic animals. Provided further, that this article shall not apply to the keeping of dogs or cats as domestic pets only and not for breeding or for gain. ARTICLE VIII LIVESTOCK Sec. 4-22 Stray It shall be unlawful for ,the owner or keeper or person in charge of any livestock to allow said animal to be unrestrained or to allow or permit the same to run at large (stray) within the limits of the City of Schertz. Straying shall be intended to mean the same as in Article I of this Chapter. Horses, ponies, mules, donkeys and cattle shall be kept in a stable, shed, pen or other enclosure wherever located within the City of Schertz, which shall be a distance of at least one hundred (100) feet, and all other livestock shall be a minimum distance of one thousand (lOOO) feet from every building/structure (other' than the owner of such livestock) used for sleeping, dining and living and shall be kept in. ~uch a manner as will be reasonably calculated not to be offensive to neighbors or to the public.: Sec. 4~23 Impounding The Animal Control Officer shall take up or cause to be taken up any such animal found to be at large or stray within the limits of the city of Schertz, and shall impound any such animals in a suitable place provided for that purpose. Procedures for the Texas Agriculture Code Estray Act shall be followed. A copy of this Act and procedures to be followed can be obtained at the Animal Control Facility. Sec. 4-24 Staking and Grazing It shal~ .~ unlawful for an; person to stake any l~vestock for the purpose of grazing upon or within the reach of any public street, alley, sidewalk or park, within the limIts of the City of Schertz. -23- Sec. 4-25 Riding of Animals It shall be unlawful for ,any person to ride an animal, drive an animal or animal pulled vehicle within' any developed residential zoned area, :or public street, alley, sidewalk or park within. the City' of .Schertz without special permission . . .' . . . ~~ . from the Schertz City Council. Exception, crcy sponsored parade or special event as authorized by the City Council. ARTICLE IX RECLAIMING, RECORDS, REDEMPTION Sec. 4-26 Reclaiming Before Sale The owner of any impounded animal under this Article may reclaim the same from the Animal Control Facility at anytime before sale by paying all fees, fines and expenses of taking up and keeping such animal. Sec. 4-27 Records The Animal Control Officer shall keep a well bound book in which he/she shall record a description of all animals impounded under this Article, the date of impoundment, the date of sale, the amount realized from the sale, the fees and expenses due for impounding and keeping same, the name of the owner, if known, and the name of the purchaser. Sec. 4-28 Redemption At any time within fourteen (14) calendar days from the date of sale, the owner of any animal impounded and sold under the provisions of this Article shall have the right to redeem the same by paying to the purchaser thereof double the amount paid by the purchaser of such animal in addition to his reasonable expensesjncurred in keeping the same. ARTICLE X WILD ANIMALS AND PERFORMING ANIMAL EXHIBITIONS Sec. 4-29 Keeping of Wild/Non-Domestic Animals (a) No person shall keep or permit to be kept on his premises any wild or vicious animal, as a pet or, for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be <;::('\~.strued to apply -to zoological park~, performing animal exhibitions, circuses, ~nd veterinary hospitals. " (b) No person shall keep or permit to be kep~ any wild animal. -24- (c) Only the Texas give written protection o,f which has been Parks and Wildlife Department permission for the keeping, an infant animal native to deemed to be homeless. Office may care, and this area (d) The Texas Parks and Wildlife Department Office shall have the power to release or order the release of any infant wild animal kept, which is deemed capable of survival. Sec. 4-30 Performing Animal Exhibitions (a) No performing animal exhipitions or circus shall be permitted in which animals are induced or encouraged to perform through use of chemical, mechanical, electrical or manual devises in manner which will cause or is likely to cause physical injury or suffering. (b) All equipment used on a performing animal shall fit properly and be in good working condition. ARTICLE XI ADO~TION Sec. 4-31 Inoculation and Sterilization of Adopted Animals All dogs and cats adopted from the Schertz Animal Control Facility shall be inoculated before adoption and sterilized according to age. (a) Dogs receive: Galaxy VI Sense, one dose includes Distemper-Hepatitis, Adenovirus Type 2, Parain-Fluenza, Parvovirus, Leptospira Canicola - icterohaemorragiae, Bacterin and Canine Corona virus; Rabies vaccine according to age requirements, and any other serums directed by a veterinarian. (b) Cats receive: Feline 3-way (one dose includes Rhinotracheits, Calici virus" and .Panlenkopenia virus and chlamydia psittaci) Rabies vaccine according to age and any other serums directed by a veterinarian. (c) No unclaimed dog or cat shall be released for adoption from the Schertz Animal Control Facility without being sterilized or without written agreement from adopter guaranteeing that such animal will be sterilized within thirty (30) days for adult animals and by the specified date in the contract for pups and kittens. Sec. 4-32 Examination by Veterinarian All animais adopted from the 'Schertz Animal Control Facil~ty. shall be examined by the veterinarian for healt~\ conditions prior to adoption. -25- Sec. 4-33 Medical Treatment by Veterinarian Animals other than dogs and cats shall receive inoculations or other medical treatment as recommended by a veterinarian prior to adoption. Sec. 4-34 Fees Passed On All costs, debts and or fees created by this Article shall be passed on to the adopter and must be paid prior to receiving cust'ody of the animal (s ). . Sec. 4-35 Adoptions All adoptions from the Schertz Animal Control Facility are considered final; however, should the adoption not work out due to behavioral problems the adopted animal can be returned to the Animal Control Facility, but no monies shall be refunded. (a) The City of Schertz will not release a dog or cat for . adoption unless the animal has been sterilized; or (b) the release is made to a new owner who signs an agreement to have the animal sterilized. Sec. 4-36 Sterilization Agreement (a) The sterilization agreement will contain: 1. the date of the agreement 2. the names, addresses, and signature of the rel~asing agency and the new owner. 3.. a description of the animal to be adopted .... 4. the sterilization completion date; and 5. a statement, printed in conspicuous, bold print, that sterilization of the animal is required under Chapter 828 of the Texas Health & Safety Code, and that a violation of this Article is a criminal offense punishable as a Class C misdemeanor. (b) The sterilization completion date contained in the sterilization agreement must be: 1. the 30th day after the date of adoption in the case of an adult animal; 2. the the old old; 30th day after specified date estimated date an adopted ~nfant female becomes six or an adopted infant male becomes eight or to be months months -26- Sec. 4-37 Sterilization Required (a) Except as provided for by this section, a new owner who signs an agreement under S~c. 4-36, shall have the adopted animal sterilized on or before the steri~ization completion date stated in tQ~.~greement. ... (b) If the sterilization completion date Saturday, Sunday or legal holiday, the extended to the first day that is not Sunday or legal holiday. falls. on a deadline is a Saturday, (c) A releasing agency may extend the deadline for thirty (30) days on presentatiqn of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit on the number of extensions that may be granted under this subsection. Sec. 4-38 Confirmation of Sterilization (a) Each new owner who signs a sterilization agreement under Sec. . 4-36, shall deliver to the agency from which the animal was adopted a letter signed by the veterinarian who performed the surgery. (b) The letter must be delivered in person or by mail not later than the seventh day after the date on which the animal was sterilized. (c) The letter must state that the animal sterilized, briefly describe the animal, and the date of sterilization. has been provide Sec. 4-39 Letter Concerning Animal's Death (a) If an adopted animal dies on or before the sterilization completion date agreed to under Sec. 4~36, the, new owner shall deliver to the releasing agency a signed letter stating that the animal is dead. '. (b) The letter must be delivered not later than the seventh day after the date of the animal's death and must describe the cause of death, if known, and provide the date of death. (c) The letter required by this section is in lieu of the letter required by Sec. 4-38. . ' Sec. 4~40, Letter Concerning-Lost '~~.Sto+en A~imal (a) If an adopted anima! is. lost or stolen before the sterilization completion date agreed to under Sec. 4-36, the new owner shall deliver to the releasing agency a signed letter stating that the animal is lost or stolen. -27- (b) The letter must be delivered not later than the seventh day after the date of the animal's disappearance and must describe the ,circumstances surrounding the disappearance and provide the approximate date of the disappearance. , " (c) The. letter required by~his section is in lieu of the letter 'required by' Sec. 4-36. Sec. 4-41 Notice of Failure to Receive Letter A releasing agency that does not receive a letter under Sec. 4-38, 4-39, or 4-40 before the expiration of the seventh day after the sterilization completion date agreed to under Sec. 4-36, shall cause a complaint to be filed against the new owner. It is presumption under this law that the failure of the new owner to deliver to the releasing agency a signed letter required under Sec. 4-38, 4-39 or 4-40, is the result of the new owner's refusal to have the adopted animal sterilized. The new owner may rebut this presumption-at the time of the hearing with the proof require~ under the above-mentioned sections. Sec. 4-42 Reclamation (a) A releasing agency that does not receive a letter under Sec. 4-38, 4-39, or 4-40, after the expiration of the seventh day after the sterilization completion date agreed to under Sec. 4-35 may promptly reclaim the animal from the new owner. (b) A person may not prevent, obstruct, or interfere with a reclamation under this section. (c) In the event of such reclamation the City shall have no oQ!igation to repay fees paid pursua~t. ARTICLE XII FEE SCHEDULE Sec. 4-43 Schedule of Fees (See Exhibit 1) -28- ARTICLE XIII SPECIAL PROVISIONS Sec. 4-44 Enforcement The .civil and crimfnal provisions of the Chapter shall 'be enforced ~ the person' or a~ncies Qesignated~bji municipal authority. It shall be a violation -of the Chapter to interfere with an Animal Control Officer in the performance of his/her duties. Sec. 4-45 Penalty (a) a person who shall violate any of the prov1s1ons of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) and not exceeding two-hundred ($200.00) dollars. Each and every day of such violation 'shall be deemed a separate and complete offense. Subsequent convictions for any violation of this ordinance within a twelve (l2) month~riod shall double the minimum applicable fine listed below, up to and in~lllding the maximum allowed by law. (b) a judge who has jurisdiction of the offense, at his/her discretion, may dismiss a rabies vaccination violation or a registration/license violation if the defendant remedies the charged defect within lO working days of the date of citation, upon the assessment by the judge and payment by the defendant of an administrative fee of $20.00 for dismissal of a rabies vaccination violation, and $10.00 for dismissal of a registration/license violation. Sec. 4-46 Advisory Committee Duties (a) The Advisory Committee shall meet at least three (3) times a year and shall assist in complying with the requirements of state and Local Laws. (b) The Advisory Committee shall make recommendations to the City Manager for shelter operating procedures. Sec. 4-47 City Veterinarian Duties It shall be the responsibility of the City Veterinarian to inspect the Animal Shelter at least once a year. The City Veterinarian will file a written report to the City Manager and the Texas Department of Health. The report must include all cqndttions of the shelt~r, care of animals, structure and contents, .-'-inspection of records' as' 'stat~d by t;.he Texas Ileal th and Safety Code. -29- ANIMAL AND FOWL EXHIBIT 1 FEE SCHEDULE Sec. 1 Standard' Fee A license shall be issued after payment of the Standard Fee of $2.00 per spayed or neutered animal; unneutered or unspayed animals $5.00. Sec. 2 Permits A permit shall be issued after payment of the applicable fee. (a) Kennel .authorized to house less than ten (10) dogs or cats $ 25.00 (b) Kennel authorized to house ten (lfr) or more but less than fifty (50) $100.00 (c) Kennel authorized to house fifty (50) or more dogs or cats ... $150.00 $100.00 $ 25.00 $100.00 $lOO.OO $200.00 $100.00 $200.00 $ 50.00 (d) Pet Shop (e) Grooming Shop (f) Riding Stable (g) Auction (h) Zoological Park (r) Performing Animal Exhibitions and/or Circus (j) Guard Dog Training Center (k) Obedience Training Center (l) Commercial Establishment utilizing a guard dog $ 25.00 (m) Temporary Permit (not to exceed three days) $ 10.00 Sec. 3 Impoundment fee Ap impoundm~nt fee must be paid .for each captured (a) Dog or Cat neutered Dog or Cat unneutered $ 20.00 $ 35.00 -30- FROM CITY OF SCHERTZ FAX NO. 2106585281 Ma~. 07 2002 03:02PM P1 (b) Fowl or other small animals $ 25.00 (c) Livestock $ 50.00 (d) Zoological and/or circus animal $100.00 Sec. 4 Boarding fee A boarding fee must be paid for each animal (a) Dog or Cat (per day) (b) fowl or other small animal (per day) $ 6.00 $ 10.00 $ 25.00 $200.00 (c) Livestock (per day) (d) Zoological and/or circus animal (per day) ." Sec. 5 Quarantine fee A quarantine fee must be paid for each animal quarantined (a) Dog or Cat neutered (b) Dog or Cat unneutered $ 20.00 $ 35.00 SECTION II THAT the City Manager is hereby directed to take such action as is required by the City Charter of the City to effectuate the provisions of this Ordinance. SECTION III THAT this Ordinance and the amendment contained in section I hereof shall be effective immediately upon publication of the caption or title hereof and the penalties contained herein, all as required by SectiQ~ 4.09 (e) (1), of the City Charter of the City. ~ Approved on first .LA,/L~' , 1995. reading this the 3.AeL day of ~ PASSED, APPROVED ~-?I..A.<-<2-/t :/' , 19 9 5 . AND ADOPTED this the /1tL day of -3l- ATTEST: ~-0f~~ ~ Ci y Secretary, City of Schertz, Texas (SEAL OF CITY) -32-