2008H04-Animal Control
ORDINANCE NO. 08-H-04
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CODE OF ORDINANCES
OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY
DELETING CHAPTER 4, "ANIMAL CONTROL" AND
REPLACING SAME WITH A REVISED CHAPTER 14,
"ANIMAL CONTROL"; REPEALING ALL ORDINANCES
OR RESOLUTIONS OR PARTS OF ORDINANCES OR
RESOLUTIONS IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
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.
The existing Chapter 4 of the Code of Ordinances of the City of Schertz is hereby deleted
and replaced by the following:
"CHAPTER 14 ANIMAL CONTROL
ARTICLE I. DEFINITIONS
Section 14.1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
Chapter:
Animal: Any mammaVreptile, domestic or wild.
Animal at Large: Any animal not under restraint of a person who is capable of
control of the animal on or off the premises of the owner.
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Animal Control Officer: Person designated and duly sworn by the City as an
enforcement officer who is qualified to perform such duties under the laws of the City
and/or the State, and who holds a Basic Animal Control Officer Certification.
Animal Shelter: Any facility operated by the City, or its authorized agents for the
purpose of impounding, quarantining, or caring for animals held under the authority of
this Chapter.
Animal Licensing: The assignment by the Schertz Animal Shelter of a number to
each animal for which the appropriate fee has been paid and which has been vaccinated
with anti-rabies vaccine if required.
Auctions: Place or facility where animals are regularly bought, sold, or traded
except for those facilities otherwise defmed in this Code. This term does not apply to
individual sales of animals by private owners.
Bite: Puncturing or tearing of the skin by an animal's teeth that could result in the
exchange of blood and saliva.
Cat: Any Felix Catus.
Circus: Commercial variety show featuring animal acts for public entertainment.
City: The City of Schertz.
City Veterinarian: Person or persons appointed by the City Council, licensed to
practice veterinary medicine in the State.
Commercial Animal Establishment: Pet shop, grooming shop, guard dog or
obedience training center, animal auction, riding school or stable, zoological park, circus,
performing animal exhibition, or boarding or breeding kennel.
Commercial Property: A tract of land and/or building zoned for, or utilized for,
commercial or business uses in the city limits, including temporary commercial sites.
Confined: A situation by which an animal is effectively prevented from being free
to roam or run at large.
Custodian: A person or agency that feeds, shelters, harbors, or has possession or
control or responsibility to control an animal.
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.
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Dog: Any Canis Familiaris including hybrids.
Domestic Animal: Any animal normally adapted to live in intimate association
with humans or for the advantage of humans.
Exotic Animals: Animals that are not livestock or typical domestic animals,
including but not limited to the following: ferrets, pythons, boa constrictor, non-
poisonous spiders, scorpions, or lizards.
Fowl: A bird of any kind: domestic or wild, cock or hen (Gallus Gallis).
Foster: To provide care or nurture animals until a suitable home can be found in
accordance with guidelines set by Schertz Animal Control and Schertz Human Society
d.b.a. Homes For Pets.
Grooming Shop: 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 dog that is utilized
to protect commercial property.
Guard Dog Permits: Issued for each commercial establishment where guard dogs
are to be used or where guard dogs are kept or boarded.
Guard Dog Training Center: Commercial property where guard dogs are to be
used, or where guard dogs are to be kept, boarded, bred, sold, let to hire, or trained for a
fee for guard dog purposes.
Handler: Any person who is responsible for and capable of controlling the
actions of a guard dog, or training or transporting a guard dog.
High Risk Animal: Animals which have a high probability of transmitting rabies
including, but not limited to, skunks, bats, raccoons, coyotes, and species of foxes
indigenous to North America.
Housing Facility: Any room, building, or area used to contain a pnmary
enclosure or enclosures.
Humanely Killed: To cause the death of an animal by a method which
(a) rapidly produces unconsciousness and death without visible
evidence of pain or distress; or
(b) utilizes anesthesia produced by an agent which causes painless
loss of consciousness and death following such loss of
conSCIOusness.
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Hybrid: Any offspring of two animals of different species.
Kennel 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 and cats,
and/or a facility for keeping more than three (3,) animals of the same species.
Impoundment: The collecting or conf1ining of an animal due to City Ordinance
violation or because of a contract with a county, municipality or military base.
Isolation: The separation of animals exposed or potentially exposed to rabies or
other diseases.
Licensed Veterinarian: A veterinarian !licensed to practice veterinary medicine by
the State Board of Veterinary Medical Examin~rs.
Livestock: An animal raised for hUIPan consumption (e.g. goats, cows, pIgS,
poultry or sheep) or an equine animal.
Local Health Authority: The officer designated by the City Council under Texas
Health and Safety Code Chapter 826, as amended from time to time.
LRCA: Local Rabies Control Authority.
Microchip: A tiny transponder possessing a unique identification number that can
be injected or inserted just under the skin of a pet to assist in identification if the pet is
lost or stolen.
Owner: Person who feeds/harbors an animal(s) for more than seventy-two (72)
hours without the presence ofthat animal being recorded in the records of the Shelter as a
stray animal. Persons caring for an animal at the request of an owner are not included in
the defmition of owner, but are required to keep the animal in compliance with this Code.
Performing Animal Exhibitions: Spectacle, display, act, or event other than
circuses and rodeos in which animals are used, and shall include animal amusement
vendors such as, but not limited to, pony rides, commercial horseback pictures, etc.
Person: Individual, corporation, government or governmental subdivision, or
agency, business trust, estate, partnership, association, or any other legal entity.
Pet or Companion Animal: A domestic or tamed animal, kept for pleasure rather
than utility.
Pet Shop: Business establishment (sole proprietor, partnership or corporation),
whether licensed or not by the City, where two (2) or more species of animals including,
dogs, cats, fish, birds, reptiles, or rodents are kept for sale or commercial barter.
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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: A bite received from any warm-blooded animal,
animal to human or animal-to-animal is reason to suspect exposure rabies.
Poultry: Any species of domesticated birds commonly kept for eggs and/or meat.
Provocation: Any purposeful act that causes an animal to bite, scratch, or attack
in protection of itself or its owner or its 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 a(nimals 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 Animal" shall mean and include, but is not limited to, any animal that
(a) is repeatedly at large or stray;
(b) damages the property or anyone other that its owner;
(c) molests or intimidates pede$trians or passersby;
(d) trespasses on school grounds;
(e) chases vehicles;
(f) excessively makes disturbing noises, including, but not limited
to continued/ repeated 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;
(g) 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;
(h) causes unsanitary conditions in enclosures or surroundings
where the animal is kept or harbored;
(i) is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and or type of animals maintained; or
(j) attacks other domestic animals.
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Quarantine: Strict confinement, for the purpose of preventing the spread of
disease, under restraint by closed cage or padlock or in any other manner approved by the
local health authority on the private premises of the animal's owner or at a facility
approved by the Texas Department of Health.
Quarantine Period: That portion of the observation period during which an
animal is physically confined for observation as provided for under the quarantine
method and testing section of this Chapter.
Rabies: An acute viral disease of man and animal affecting the central nervous
system and usually transmitted by an animal bite.
Rabies Vaccination: A protective inoculation given under the direction of a
licensed veterinarian with a rabies vaccine recognized and approved by the U.S.
Department of Agriculture, Bureau of Animal Industry, given in an amount sufficient to
provide immunity and satisfies the requirement of State law.
Restraint: A chain, rope, tether, leash, cable, or other device that attaches an
animal to a stationary object or trolley system, or a substantial fence or pen.
Riding School or Stable: A 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.
Run at large: To be free of restraint while outside the boundaries of the real
property of the owner.
Scratch: A scrape left by the claws or nails of an animal that is of sufficient
severity to break the skin and draw blood.
Service Animal: An animal having special training to assist/aid a person with
disabilities.
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 has an elevated temperature.
Small Animal: Rabbits, guinea pigs, domestic mice, rats, hamsters, hedgehogs,
gerbils, etc.
State: The State of Texas.
Stray: Animal running free or at large, with no physical or verbal restraint;
Sterilization: The surgical removal of the reproductive organs of an animal to
render the animal unable to reproduce.
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Temporary Permit: Not to exceed three (3) consecutive days used for the
temporary sale or give away of animal(s) at flea markets.
Un-owned Animal: Animal for which an owner has not been identified.
Unrestrained: Not restrained by leash or lead, physical or verbal restraint, or by a
substantial fence or pen.
Utility: Kept for the production of a useful product, or for its skill rather than for
show or as a pet.
Vaccination Certificate: A document showing on its face that the animal
described thereon has received a current inoculation in an amount sufficient to produce
an immunity that satisfies the requirement of State law. It must show the date of the
inoculation, duration of immunity approved for that vaccine, the name and address of the
animal's owner, all other information required by State law and signed by a licensed
veterinarian.
Veterinarian: Person licensed to practice veterinary medicine in the State.
Veterinary Hospital: Establishment maintained and operated by a licensed
veterinarian(s) for surgery, diagnosis and treatment of diseases and injuries of animals.
Wild Animals: Any non domestic/tamed animal including, but not limited
to, wolves, coyotes, panthers, lions, bobcats, cougars, black footed ferrets, skunks,
armadillos, poisonous reptiles, raccoons, monkey (non-human primates), and any other
animal typically found in a zoo except the foUowing:
(a) domestic dogs
(b) domestic cats
(c) livestock
(d) poultry
Wildlife: Any animal that typically occurs naturally in the wild state.
Wild State: Living in its original, natural condition; 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.
ARTICLE II. ANIMAL SHELTER; ANIMAL CONTROL OFFICER
Section 14.2 Animal Shelter.
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There shall be erected and maintained, under the supervision of the Animal Shelter
Supervisor of the City, a suitable building and kennels, to be known as the animal shelter,
for the confmement of all animals seized, impounded, or surrendered pursuant to the
provisions of this Chapter. The animal shelter shall be kept in a sanitary condition, and all
animals taken up and impounded therein shall be properly fed and provided water. All
animals shall be treated in a humane manner while under the custody of the Shelter. The
Animal Shelter Supervisor is hereby designated as the Health Authority for the purpose
of this Chapter. General Shelter procedures are as follows:
(a) Licensed impounded animals shall be kept for not more that 120 hours.
Any animal not reclaimed by its owner within 120 hours shall become the property of the
City and shall become available for adoption in a suitable home or humanely euthanized.
(b) Unlicensed impounded dogs and cats, other domestic animals and
livestock shall be kept for not more than 72 hours after which time they become the
property of the City.
(c) Wild cats, dogs or other animals may be kept 0 to 72 hours at the
discretion of the Animal Shelter Supervisor or his or her designee.
(d) Sick or injured animals wearing no apparent identification through which
ownership can be determined may be kept 0 to 72 hours at the discretion of the Animal
Shelter Supervisor or his or her designee.
(e) If, by a license tag or other means the owner of an impounded animal can
be identified, the Shelter shall immediately upon impoundment notify the owner by direct
contact, telephone, mail, or other reasonable means.
(f) An owner reclaiming an impounded animal 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, or an Animal Shelter
operator may issue a citation for violation of this law. Impounding and boarding fees will
increase with each impoundment occurring within a twelve (12) month period.
Section 14.3. Animal Control Officer.
(a) The office of Animal Control Officer is hereby created to capture unrestrained dogs,
cats and nuisance animals; and confine them in a humane manner at the Shelter.
(b) The Animal Control Officer is hereby empowered during the performance of his or
her duties to capture and impound/quarantine any livestock, 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.
(c) Animals that pose a threat to public health and safety, any wild animal kept illegally
or animals that have been cruelly treated or abused shall be inipounded by the Animal
Control Officer.
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(d) The Animal Control Officer may issue a citation to the known owner of an animal
found to be at large. A person who is convicted of owning an animal at large shall pay a
fine as established by the City municipal court. Subsequent convictions of this sub-
section within a 12-month period shall increase from the minimum applicable fine.
(e) For purposes of discharging the duties imposed by the provisions of this Chapter or
other applicable laws, and to enforce the same, duly authorized representatives (or
employees) of the City 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.
ARTICLE III. LICENSINGIPERMITS
Section 14.4. Dog and cat license required; application; license tag.
(a) The owner/keeper of any dog or cat must apply for a license and pay the license fee
required by the City for each dog or cat before the animal attains four (4) months of age.
The license may be purchased at the Animal Shelter or City business offices. The
application shall include the name and address of the applicant, description of the animal,
and have attached thereto a copy of the proof of rabies vaccination if applicable.
(b) The Animal Shelter shall maintain a record of the identifying numbers of all dog or
cat license tags issued.
(c) No person may use any pet dog or cat license for any animal other than the one for
which it was issued.
(d) License fees shall 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.
(e) Application for a license must be made within thirty (30) days after obtaining a dog
or cat over three (3) months of age; this requirement will not apply to a non-resident
keeping a dog or cat within the municipality for no longer than sixty (60) days.
(f) Upon acceptance of the license application and fee, the City shall issue a durable tag
or identification collar, stamped with an identifying number and the year of issuance.
Tags will 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.
(g) The licensing period shall begin with the rabies vaccination date and shall run for one
year.
(h) It shall be the duty of the owner of any dog or cat to procure a duplicate tag from the
City in the event that the original tag is lost or destroyed. There will be a fee charged for
each replacement tag.
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(i) No person may use any license for any animal other than the animal for which it was
issued.
(j) The Animal Shelter Supervisor or his or her designee shall maintain a record of the
identifying numbers of all tags issued. '
Section 14.5. 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 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 one (1) acre
except in cases of newly born or hatched litters or clutches under the age of three (3)
months old.
(b) Exception shall be made for fostering of animals by Schertz Humane Society d.b.a.
Homes For Pets meeting the following criteria:
1. letter from sponsoring agency
2. total of six (6) animals of any species including personal pets
3. must have proofofrabies vaccination, valid City license and City permit
4. fostered animals allowed on premises no longer than twelve (12) months
5. persons fostering must meet all requirements set forth by Schertz Humane
Society d.b.a. Homes for Pets.
(c) 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
sanitation requirements and keep animals securely caged or penned.
Section 14.6. Permits
(a) No person 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 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.
(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).
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(d) The permit period shall begin with the date the permit is issued and shall be effective
for a period of one (1) year. Renewal applications for permits must be made thirty (30)
days prior to, and are due at the date of, the original permit.
(e) If there is a change in ownership ofa commercial animal establishment or kennel, the
new owner must apply for a new permit. Permits are not transferable.
(t) 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
(10) 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 fme.
(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) This section shall also apply to any person selling, or giving away any animal(s) at
flea markets. A person may sell or give away animals at a flea market on a temporary
basis not to exceed three (3) consecutive days. Fees shall be payable as shown in Exhibit
I upon obtaining a temporary permit.
(m) No animal shall be sold, bartered, traded, or given away on any roadside or public
right of way. If sold, bartered, traded, or given away on any business parking lot written
consent from the property owner and a permit from the City Shelter is required.
(n) Temporary Permits shall consist ofthe following:
I. vendor's name;
2. address including city;
3. telephone number;
4. type of animal to be sold or given away;
5. location of flea market; and
6. rabies and vaccination information.
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Section 14.7. License and permit issuance/revocation.
(a) The City 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.
(b) Any person(s) whose permit or license is revoked shall, within ten (10) days
thereafter, humanely dispose of all animals owned, kept or harbored by such person and
no part of the permit or license fee shall be refunded.
(c) It shall be a condition of the issuance of any permit or license that the City shall be
permitted to inspect all animals and the 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
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
1. as a guard dog company;
2. for registration as a dog trainer;
3. to operate a commercial animal establishment; or
4. to be employed to work with dogs as a security officer by a
business/contractor using dogs for protection.
Section 14.8. Guard or sentry dog permits.
(a) Guard dog permit applications shall include the following information:
1. the business name, address and telephone number of the commercial property
where the guard dogs 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 ofthe dogs, proof oftheir current vaccination and City license;
5. the location of where the dogs are to be housed; and
6. any other information that the LRCA deems necessary by rules and
regulations. Permit holders shall notify the LRCA if any information recorded
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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/Shelter Supervisor or his or her designee shall inspect the
facilities where the guard dog is to be used and housed when the guard dog 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 be displayed at the
approved commercial 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 (30) thirty 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.
ARTICLE IV. RESTRAINTS, BITES, AND ANIMAL CARE
Section 14.9. Restraints.
(a) All dogs, cats, and other animals shall be kept under restraint and shall not be
allowed to run at large.
(b) No owner shall fail to exercise proper care and control of his or her animal(s) to
prevent it 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 contact with another animal,
except for planned breeding purposes.
(d) An owner may not leave a dog outside and unattended by use of a restraint that
unreasonably limits the dog's movement:
1. between the hours of 10:00 p.rn. and 6:00 a.m.;
2. within 500 feet of the premises ofa school;
3. in excess of three (3) hours; or
4. in the case of extreme weather conditions such as:
(A) outdoor temperature below 32 degrees Fahrenheit;
(B) heat advisory issued by local/State jurisdiction; or
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(C) storm warnings issued by National Weather Service.
(e) In this section, a restraint unreasonably limits a dog's movement if the restraint
1. is a collar that is pinch-type, prong-type, or choke-type or that is not properly
fitted to the dog;
2. is not at least (10) ten feet long,
3. is in an unsafe condition; or
4. will cause injury to the dog.
This provision does not prohibit a person from walking a dog with a hand-held leash.
Section 14.10. Bites.
(a) Any animal within the City that bites, or otherwise attacks a person who is not at the
time trespassing upon the property of the owner or person having control of such animal,
or who is not provoking or teasing such animal shall be deemed dangerous. The City may
order, following the procedures listed below, that such animal be kept muzzled, kept
within a sufficient enclosure, or that such animal be permanently removed from the
corporate limits of the City, or that such animal be delivered to an Animal Control
Officer or the City Animal Shelter to be humanely euthanized. The following information
shall be gathered:
1. name, address, and telephone number of complainant and any other witnesses
to the incident;
2. date, time and location of the incident;
3. description ofthe animal;
4. name, address and telephone number of the owner;
5. a statement that the animal attacked, bit, and/or killed a person or another
animal;
6. a statement that the animal has exhibited vicious propensities in past conduct
(ifknown); and
7. other facts or circumstances of the incident.
(b) After a sworn complaint is filed with the local health authority it shall be
investigated, and, if there is sufficient evidence, there will be a request to the Municipal
Judge to set a time and place for a hearing. Notice shall be given of the hearing to the
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animal's owner by personal service or certified mail, return receipt requested, at least ten
(10) days prior to the hearing date.
(c) 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 health, 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 attacked or bit a human being or attacked or killed another animal;
2. the animal is the same animal that committed the acts in part 1 of this sub-
section;
3. destruction or removal of the animal is necessary to preserve the public health,
safety, and welfare of the community;
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, or training; or it is
demonstrated by the local health authority that the animal has a dangerous
disposition, likely to be harmful to humans or other animals;
5. the animal is the same animal that committed the act in part 4 of this sub-
section; and
6. muzzling or keeping of the animal in a sufficient enclosure or removal or
destruction of the animal is necessary to preserve the public health, safety, and
welfare of the community.
(d) If the Municipal Judge orders muzzling, keeping within a sufficient enclosure,
destruction or removal of the animal and the owner is not present at the hearing, he or she
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 Shelter Supervisor or designee 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.
(e) The owner of an animal may appeal a destruction or removal order to a court of
competent jurisdiction within five (5) days of the decision of the Municipal Court. If the
Municipal Judge receives written notice of the intent to appeal within five (5) days of the
decision, he or she shall suspend the destruction or removal order pending fmal
determination of the court. If the filing of a petition in a court of competent jurisdiction
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within ten (10) days of the order of destruction or removal perfects appeal, he or she 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 the 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.
(f) In the event that any animal is discovered in violation of any removal or destruction
order described in (d) above, the animal shall be immediately seized and humanely
euthanized. If any animal is discovered in violation of any muzzling or keeping within a
sufficient enclosure the animal shall be seized and the person controlling such animal
shall be prosecuted under the provisions of (g) below.
(g) It shall be unlawful for any person to harbor or keep on his or her premises or in or
about his or her premises, or premises under his or her control, any vicious animal except
as directed by this Chapter. Upon conviction, harboring a vicious animal in violation of
this Chapter shall result in a fine.
(h) No 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 Dangerous Dog Act,
Texas Health and Safety Code, Chapter 822, Sub-Chapter A, as amended from time to
time.
Section 14.11. Care of and Cruelty to Animals.
(a) Animal cruelty is a State law violation punishable by fine and/or jail time in
accordance with the Texas Penal Code. Animal care officials shall utilize the authority
granted by Section 821.022 of the Texas Health and Safety Code, as amended from time
to time, to seize and impound any animal that has been or is being cruelly treated. If the
investigating animal care officer has reason to believe that an animal has been or is being
cruelly treated, pending a hearing before any court on the issues of cruelty and
disposition of the animal, the seizure of the subject animal prior to receiving a warrant is
hereby authorized if such a delay endangers the life of the animal, or if it would
unreasonably prolong the suffering of the animal needing immediate attention.
(b) It shall be unlawful for an owner of an animal to neglect an animal and fail to provide
that animal with humane care and treatment including, but not limited to, access to an
adequate supply of fresh air, species specific food, fresh water, exercise, adequate shelter,
and with appropriate veterinary care when needed to prevent suffering.
(c) It shall be the duty of the owner or keeper of each and every dog or cat kept in the
City 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 then according to the label
recommendations of the approved rabies vaccine. It shall further be the duty of each
owner or keeper to obtain a certificate from such veterinarian certifying that such animal
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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 comply with this section ofthis Chapter.
(d) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse
an animal (whether owned or un-owned), or cause, instigate, or permit any dog fight,
cock fight, bull fight, or other combat between animals or between animals and humans.
(e) No owner of an animal shall abandon such animal, or in case of impoundment by the
Animal Control Officer, allow the animal to remain in the Animal Shelter beyond a five
(5) day maximum after notification of impoundment of such animal.
(f) It shall be unlawful for the owner of an animal, or a person charged with custody or
care of an animal, to surgically alter an animal, including, but not limited to ear cropping,
tail docking, and dewclaw removal, except when done by a licensed veterinarian.
(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) 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.
(i) No person shall transport or carry on any public roadway any animal in a motor
vehicle unless the animal is safely enclosed within the vehicle; and if traveling in an
unenclosed vehicle (including, but not limited to convertibles, pick-up trucks, jeeps, and
flatbed trucks), the animal shall be confined by a vented container or cage, or by chain,
rope or other device cross-tied to prevent the animal from falling or jumping from the
motor vehicle or from strangling on a single leash.
(j) No person shall leave any animal in any standing or parked vehicle in such a way as
to endanger the animal's health or safety. Any animal care officer or police officer is
authorized to use reasonable force, including the breaking of a side window, to remove an
animal from a vehicle whenever it appears the animal's health or safety is endangered,
and said neglected or endangered animal shall be impounded.
(k) No person shall place or set out steel jaw traps, spring traps with teeth, neck traps or
any type of trap with a holding mechanism designed to cut, slice, tear or traumatize the
entrapped prey, unless the use of such traps is specifically deemed necessary by the
Texas Parks and Wildlife Department or Director of Health for control of communicable
disease.
(1) All animals shall be kept in a sanitary manner. Animal owners shall collect and
dispose of animal waste deposited by his or her animal(s). No owner shall allow the
accumulation of animal waste on any premises in a quantity sufficient to create an odor
offensive to a person of normal sensibilities standing on adjacent property not owned by
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the subject animal's owner, or which creates a condition conducive to the breeding of
flies or other pests.
(m) An animal owner or keeper shall not walk an animal without a leash restraint or
without otherwise having such animal under control, and shall not guide or take animals
onto the yards or driveways of property not owned, leased or occupied by the animal
owner for the purpose of allowing the animal to defecate, but shall keep the animal in the
public right-of-way, and shall carry a container with implement for the sanitary removal
of the animal's fecal matter from the public sidewalk and public right-of-way adjacent to
any property with a structure or other improvements thereon.
(n) All persons residing in the City 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.
ARTICLE V. SPAY AND NEUTER
Section 14.12. Mandatory spay/neuter of unrestrained dogs and cats.
(a) The owner of a dog or cat, which has been impounded for being at large, shall have
the animal spayed/neutered within (30) thirty days following the animal's release from
impoundment.
(b) The Shelter Supervisor is authorized to exempt an animal's owner from the
requirements of subsection (a) if the owner proves to the satisfaction of the Shelter
Supervisor that the animal meets or met one (1) of the conditions specified in subsection
(e) below.
(c) The owner of a dog or cat required by subsection (a) to be spayed or neutered shall
submit to the Animal Shelter certification that the procedure was performed and
1. the certification shall be made on a form provided by the Shelter and signed
by the veterinarian who performed the procedure; and
2. the owner shall deliver the certification to the Shelter no later than the (40)
fortieth day following the animal's release from impoundment.
(d) Offenses
1. A person commits an offense if the person is the owner of the dog or cat
required by subsection (a) to be spayed/neutered and the person fails to have
an animal spayed/neutered as required.
2. A person commits an offense if the person is the owner of the dog or cat
required by subsection (a) to be spayed/neutered and the person fails to
provide certification of the spay/neuter procedure as required by subsection
(c).
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(e) In a prosecution for a violation of subsection (d) it is an affIrmative defense that
1. At the time of the animal's impoundment
(A) the animal was registered with a national registry, sporting
dog, livestock dog, or working dog, and
(B) the person was a member of a national breed club, local breed
club, local all-breed club, or sporting or hunting club; and the
person had not sold twelve (12) or more intact dogs or cats in the
preceding year.
2. At the time ofthe animal's impoundment it was wearing a current City license
tag, valid for that animal, and had not previously been impounded for being at
large.
3. The animal was at large at the time of its impoundment due to fIre or due to
the criminal or negligent acts of a third party who was not residing at the
animal owner's residence. At trial, evidence of a fIre or the criminal or
negligent acts of a third party may be presented in one (1) or more of the
following manners:
(A) a certified copy of a city police or fIre report verifying the
incident;
(B) the affidavit of City police or fIre personnel with direct
knowledge of the incident, or
(C) the testimony of City police or fire personnel with direct
knowledge or the incident.
(f) Nothing in this section shall be construed as permitting spayed/neutered dogs and/or
cats to run at large.
Section 14.13. Authority to slay animals running at large.
If any animal found running at large in violation ofthis Chapter cannot be safely taken up
and impounded, and/or causes threat to human life or other domestic animals, such
animal may, if deemed necessary, be slain by any authorized Police Officer or Animal
Control Officer.
ARTICLE VI. RABIES CONTROL AND QUARANTINE
OF ANIMALS INVOLVED IN BITING INCIDENTS
Section 14.14. Enforcement.
The civil and criminal provisions of the Chapter shall be enforced by the person or
agencies designated by the City. It shall be a violation of this Chapter to interfere with an
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Animal Control Officer or an Animal Shelter employee in the performance of his or her
duties.
Section 14.15. Reports of exposure to rabies.
(a) Persons having knowledge of an animal bite or other attack on an individual that the
person could reasonably foresee as capable of transmitting rabies or of an animal that the
person suspects is rabid, shall report the incident or animal to the City Police Department
and/or the Animal Control Officer. This report shall include the name and address of any
victim and ofthe owner ofthe animal, ifknown.
(b) The owner of an animal that is reported to have bitten or to have attacked an
individual, or that the owner knows or suspects to have bitten or to have attacked an
individual, shall submit the animal for quarantine to the Animal Control Officer or
Animal Shelter.
(c) If a quarantined animal is found to be rabid, the Animal Shelter Supervisor will cause
to have the animal humanely euthanized. If an animal dies or is euthanized while in
quarantine, the Animal Shelter will cause to have the head or brain of the animal removed
and submit it to the nearest Texas Department of Health Laboratory for testing.
(d) If a quarantined animal is found to be free from rabies, the Animal Shelter Supervisor
shall release it to the owner following the quarantine period and the payment of all
required fees and costs.
(e) The owner of an animal that is quarantined under this Chapter shall pay the City the
cost of the quarantine and any other fees associated with the animal's care. The_Animal
Shelter may sell and retain the proceeds, keep, or euthanize an animal that the owner or
custodian does not take possession of on or before the seventh (7th) working day
following the end of the quarantine period.
(f) Immediately after acquiring knowledge that his or her animal has been bitten by a
rabid animal, it shall be the duty of the owner or keeper to cause such animal to be given
anti-rabies treatment, and to impound such animal for a period of six (6) months in a
place approved by the LRCA or to have the said animal humanely euthanized.
Section 14.16. Rabies vaccination.
(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 unless such dog or cat
is currently vaccinated against rabies by the injection of an approved USDA 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 contain the following information:
1. owner's name, address and telephone number;
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2. the species, sex, age, weight, predominant breed, and color of the vaccinated
animal;
3. the vaccine type, producer, expiration date, and serial number;
4. date vaccinated;
5. rabies tag number; and
6. veterinarian's signature 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 on the collar.
Section 14.17. Quarantine method and testing.
(a) Animals involved in a biting/scratching incident for which an owner cannot be
readily identified and or contacted expeditiously will be impounded. The animal shall be
confined under positive control for ten (10) consecutive days (240 hours) after the time of
the bite. The animal will be isolated from other animals or possible victims.
(b) Every animal that has rabies or symptoms thereof, or every animal that a person
could reasonably suspect as having rabies, or that bites any person within the City shall
be impounded at once and held for observation and quarantined at an approved
quarantine facility. The facilities must meet the minimum State Quarantine Facility
Standards and will be subject to inspection by the Texas Department of Health.
(c) 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, any person 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 or the Animal Shelter for a quarantine period often
(10) consecutive days (240 hours) at the owner's expense. The ten-day observation
period shall begin on the day of the bite incident. Any such animal must be immediately
surrendered to the Animal Control Officer or Animal Shelter. The owner may choose to
have the animal quarantined for the ten-day period at an approved quarantine facility in
the greater Randolph area.
(d) In the event the owner of such animal described in (a) or (b) refuses to surrender such
animal on demand, such action shall constitute a misdemeanor and upon conviction be
punishable by a fine.
(e) The owner of an animal quarantined under this section shall pay the quarantine
facility the reasonable cost of the quarantine and any other fees associated with the
animal's care, including the charges for preparation and shipment of the animal head or
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brain, if required, to the nearest Texas Department of Health certified laboratory for
rabies testing. 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 payment
arrangements shall be at the discretion of the individual quarantine facility and the
facility shall be responsible for the collection of money owed.
(f) The following quarantine procedures shall be observed:
1. Biting animals and animals suspected of rabies that are placed in confmement
for observation must be separated from all other animals in such a manner that
there is no possibility of physical contact between animals.
2. A responsible person will observe the quarantined animal twice a day and will
notify the LRCA if clinical signs of rabies appear.
3. At the discretion of the LRCA or his or her designee, the un-owned animal
may be humanely euthanized for rabies diagnosis prior to the end of the
quarantine period.
4. The Animal Shelter Supervisor or his or her designee 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 such agreement.
5. If the biting 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.
(g) Any animal quarantined at a certified quarantine facility shall be observed, by a
licensed veterinarian or Animal Control Officer, or LRCA, 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, veterinarian, or LRCA determines
that the animal does not exhibit the clinical signs of the disease of rabies, the LRCA shall
provide a form to the veterinarian for his or her signature, certifying that the animal has
been found to be free of the clinical signs of rabies at the end of the quarantine period.
This form shall be returned to the LRCA at the end of the quarantine period.
(h) The owner of the animal may request permission from the Animal Control Officer or
LRCA for home quarantine if the following criteria can be met:
1. Secure facilities must be available at the home of the animal's owner, and
must be approved by the Animal Control Officer or the LRCA.
2. The animal is currently vaccinated against rabies and possesses a current City
license tag.
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3. The animal was not in violation of any laws or ordinance at the time of the
incident.
4. The bite incident was a provoked attack.
5. A licensed veterinarian, Animal Control Officer, or the LRCA 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 person having
possession of the animal must notify the City veterinarian, Animal Control
Officer and LRCA. 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, Animal Control Officer or the LRCA
may be made at the location of the home quarantine if requested by the owner
or required by the Animal Control Officer or the LRCA. The release from
quarantine must be accomplished in writing.
6. The owner shall be responsible for paying all rabies observation fees to the
veterinarian.
7. It shall be unlawful to violate the provisions and conditions of the home
quarantine as required by the Animal Control Officer. If the 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.
(i) No dog or cat shall be released from quarantine unless
1. the owner has an un-expired rabies vaccination certificate and license for the
animal; or
2. the animal has been vaccinated against rabies by a licensed veterinarian and a
license is obtained, at owner's expense.
(j) No wild animal will be placed in quarantine. All wild animals involved in biting
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.
Section 14.18. Disposition of domestic animals exposed to rabies.
(a) Animals that have not been vaccinated and which have been bitten or directly
exposed by physical contact with a rabid animal or its fresh tissues shall be humanely
euthanized or, if sufficient justification for preserving the animal exists, the exposed
animal shall be immediately vaccinated against rabies, placed in strict isolation for ninety
(90) days and given a booster vaccination during the third and eighth week of isolation.
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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 vaccinated animals that have been bitten or otherwise significantly exposed
to a rabid animal should be humanely euthanized, or 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 forty-five (45) days.
These provisions apply only to domestic animals for which an approved rabies
vaccination is available.
ARTICLE VII. FOWL AND OTHER SMALL ANIMALS
Section 14.19. Stray.
It shall be unlawful for any person keeping chickens, turkeys, geese, guineas, ducks,
pigeons, or other fowl to permit or allow the same to run at large within the City.
Section 14.20. 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) used 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.
Section 14.21. Keeping rabbits, guinea pigs, white rats, etc.
It shall be the duty of every person raising or keeping rabbits, guinea pigs, white rats,
white mice, hamsters and other small animals to keep such animals in pens, coops or
enclosures and such pens, coops or enclosures a distance of at least fifty (50) feet from
every building/structure (other than the owner of such small animals) used for sleeping,
dining or living and shall be kept in a sanitary condition and shall be kept in such a
manner as will be reasonably calculated not to become offensive to neighbors or to the
public.
Section 14.22. Not applicable to authorized veterinary hospitals.
This article shall not apply to authorized veterinary hospitals for the treatment of fowl
and other small animals.
ARTICLE VIII. LIVESTOCK
Section 14.23. Stray.
It shall be unlawful for the owner, 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 within the
City. Horses, ponies, mules, donkeys, and cattle shall be kept in a stable, shed, pen, or
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other enclosure wherever located within the City, which shall be a distance of at least one
hundred (100) feet, and all other livestock shall be a minimum distance of one thousand
(1,000) feet, from every building/structure (other than the owner of such livestock) used
for sleeping, dining, and living and shall be kept in such a manner as will be reasonably
calculated not to be offensive to neighbors or to the public.
Section 14.24. 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 City, and shall impound any such animal in a suitable
place provided for that purpose. Procedures for the Texas Agriculture Code Estray Act,
as amended from time to time, shall be followed. A copy of this Act and procedures can
be obtained at the Animal Shelter.
Section 14.25. Care of livestock animals.
(a) It shall be unlawful for any person to abandon or torture a livestock animal, to
seriously overwork an animal or to transport or confme a livestock animal in a cruel
manner.
(b) Persons owning or caring for livestock must provide necessary food, water, care and
shelter for a livestock animal.
(c) It shall be unlawful for any person to stake any livestock 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.
ARTICLE IX. WILD ANIMALS AND PERFORMING ANIMAL EXHIBITIONS
Section 14.26. Keeping of wild (non-domesticated) animals.
No person shall keep or permit to be kept on his/her premises any wild or vicious animal
as a pet, for display or exhibition purposes, whether gratuitously or for a fee. This
section shall not apply to zoological parks, performing animal exhibitions, circuses, and
veterinary hospitals.
(a) No person shall keep or permit to be kept any wild animal.
(b) Only the Texas Parks and Wildlife Department Office may give written permission
for the keeping, care, and protection of an infant animal native to this area that has been
deemed to be homeless.
(c) 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.
Section 14.27. Performing animal exhibitions.
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No performing animal exhibition or circus shall be permitted in which animals are
induced or encouraged to perform through use of chemical, mechanical, electrical, or
manual devices in a manner which will cause, or is likely to cause, physical injury or
suffering.
ARTICLE X. SPECIAL PROVISIONS
Section 14.28. Enforcement.
The civil and criminal provisions of this Chapter shall be enforced by those persons or
agencies designated by municipal authority. It shall be a violation of this Chapter to
interfere with an Animal Control Officer or an Animal Shelter employee in the
performance of his or her duties.
Section 14.29. Penalty.
(a) Any person who shall violate any of the provisions of this Chapter shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fmed not less than twenty-
five dollars ($25) and not exceeding two hundred dollars ($200). 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 (12) month period shall double the
minimum applicable fme listed below, up to and including the maximum allowed by law.
(b) A judge who has jurisdiction of the offense, at his or her discretion, may dismiss a
rabies vaccination violation or a registration/license violation if the defendant remedies
the charge defect within ten (10) working days of the date of citation, upon the
assessment by the judge and payment by the defendant of an administrative fee of twenty
dollars ($20) for dismissal of a rabies vaccination violation, and ten dollars ($10) for
dismissal of a registration/license violation.
Section 14.30. Advisory Committee duties.
(a) The Schertz Animal Care Advisory Committee shall consist of (4) four members
appointed by the City Manager. The members of this Committee shall include a licensed
veterinarian, a municipal official, a shelter operator and one member of an animal welfare
organization.
(b) The Advisory Committee shall meet at least three (3) times a calendar year and shall
assist in complying with the requirements of State and local laws.
(c) The Advisory Committee shall visit the Animal Shelter at times selected by the
Committee and make recommendations to the City Manager concerning animal care
services and shelter operating procedures.
Section 14.31. City Veterinarian duties.
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It shall be the responsibility of the City Veterinarian(s) 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 conditions of the Shelter,
care of animals, structure and contents and inspection of records as required by the Texas
Health and Safety Code, as amended from time to time.
ARTICLE XI. ANIMAL SHELTER OPERATIONS
Section 14.32. Monthly reports of Animal Shelter.
It shall be the duty of the Animal Shelter Supervisor 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, and the total number of animals humanely disposed of under the
provisions of this Chapter.
Section 14.33. Fee deposits.
It shall be the duty of the Animal Shelter Supervisor, or his or her designee to payor
cause to be paid all money collected by him or her under the terms of this Chapter to the
City.
Section 14.34. Reclaiming before adoption.
The owner of any impounded animal under this Article may reclaim the same from the
Animal Shelter at any time before adoption by paying all fees, fmes and expenses of
taking up and keeping such animal.
Section 14.35. Records.
The Animal Shelter Supervisor shall keep a well-bound book or computer record in
which he or she shall record a description of all animals impounded under this Article,
the date of impoundment, the date and the amount realized from the adoption, the fees
and expenses due for impounding and keeping same, the name of the owner, if known,
and the name of the adopter.
Section 14. 36. Redemption.
At any time within fourteen (14) calendar days from the date of adoption, 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 double the amount paid for the animal in
addition to his/her reasonable expenses incurred in keeping the same.
ARTICLE XII. ADOPTION
Section 14.37. Inoculation and sterilization of adopted animals.
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All dogs and cats adopted from the Animal Shelter shall be inoculated before adoption
and sterilized according to age, with the following:
(a) Dogs: One dose as recommended by Veterinarian to include Distemper-Hepatitis,
Adenovirus Type 2, Parain-Fluenza, Parvovirus, and rabies vaccine according to age
requirements, and any other serums directed by the consulting veterinarian.
(b) Cats: Feline 3-way (one dose includes Rhinotracheitis, Calici virus, and
Panlenkopenia virus and Chlamydia Psittaci); rabies vaccine according to age
requirement and any other serums directed by the consulting veterinarian.
No unclaimed dog or cat shall be released for adoption from the Animal Shelter without
being sterilized or without written agreement pursuant to Section 14.42 from adopter
guaranteeing that such animal will be sterilized within thirty (30) days for adult animals
and by the date an adopted infant female/male becomes six months old.
Section 14.38. Examination by veterinarian.
A veterinarian shall examine all animals adopted from the Animal Shelter for health
conditions prior to adoption.
Section 14.39. 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.
Section 14.40. 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 custody of the animal(s).
Section 14.41. Adoptions.
Should the adoption not work out due to behavioral or other problems the adopted animal
can be returned to the Animal Shelter, but no money shall be refunded.
Section 14. 42. Sterilization agreement.
(a) The sterilization agreement will contain the following:
1. date of the agreement;
2. names, addresses, and signatures of releasing agency and the new owner;
3. a description of the animal to be adopted;
4. the sterilization completion date; and
50050600.1
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5. a statement, printed in conspicuous, bold print, that sterilization of the animal
is required under Texas Health and Safety Code, Chapter 828, as amended
from time to time, and that a violation of the agreement is a criminal offense
punishable as a Class C misdemeanor.
(b) The completion date in the sterilization agreement must be
1. the 30th day after the date of adoption in the case of an adult animal; or
2. by the date an adopted infant male or female becomes six (6) months old.
Section 14.43. Sterilization required.
(a) Except as provided for by this section, a new owner who signs an agreement under
Section 14.42, shall have the adopted animal sterilized on or before the sterilization
completion date stated in the agreement.
(b) If the sterilization completion date falls on a Saturday, Sunday or legal holiday, the
deadline is extended to the next day thereafter that is not a Saturday, Sunday or legal
holiday.
(c) A releasing agency may extend the deadline for (30) thirty days on presentation 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.
Section 14. 44. Confirmation of sterilization.
(a) Each new owner who signs a sterilization agreement under Section 14.42 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 (7th) day
after the date on which the animal was sterilized.
(c) The letter must state that the animal has been sterilized, briefly describe the animal,
and provide the date of sterilization.
Section 14.45. Letter concerning animal's death.
(a) If an adopted animal dies on or before the sterilization completion date agreed to
under Section 14.42, 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 (7th) day after the date of the
animal's death, must describe the cause of death, if known, and provide the date of death.
(c) The letter required by this section is in lieu ofa letter required by Section 14.42.
50050600.1
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Section 14.46. Letter concerning lost or stolen animal.
(a) If an adopted animal is lost or stolen before the sterilization completion date agreed
to under Section 14.42, the new owner shall deliver to the releasing agency a signed letter
stating that the animal is lost or stolen.
(b) The letter must be delivered not later than the seventh (7th) 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 this section is in lieu ofa letter required by Section 14.42.
Section 14.47. Notice of failure to receive letter
(a) A releasing agency that does not receive a letter under Section 14.42, 14.45, or 14.46
before the expiration of the seventh (7th) day after the sterilization completion date agreed
to under Section 14.42, shall cause a complaint to be filed against the new owner. It is a
presumption under this law that the failure of the new owner to deliver to the releasing
agency a signed letter required under Section 14.42, 14.45 or 14.46, 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 required under the above-mentioned
sections.
(b) A releasing agency that does not receive a letter under Section 14.42, 14.45, or 14.46,
after the expiration of the seventh (7th) day after the sterilization completion date agreed
to under Section 14.42 may promptly reclaim the animal from the new owner.
(c) A person may not prevent, obstruct or interfere with the right to reclaim an animal
under this section.
(d) In the event of such reclamation the City shall have no obligation to repay fees
previously paid pursuant to this Chapter.
ARTICLE XIII. FEE SCHEDULE
Section 14.48. Schedule of Fees.
(See Exhibit 1)
50050600.1
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ANIMAL AND FOWL
EXHIBIT 1
FEE SCHEDULE
(1) Standardfee. A license shall be issued after payment of the standard fee of$3.00
per year/per spayed or neutered animal; un-neutered or un-spayed animals are
$8.00 per year/per animal. Replacement tags (iflost) are $2.00.
(2) Permits. A permit shall be issued after payment ofthe applicable fee:
(a) Kennel authorized to house ten or less dogs or cats......... $25.00
(b) Kennel authorized to house more than ten, but less than 50.... 100.00
(c) Kennel authorized to house 50 or more dogs or cats.......... 150.00
(d) Pet Shop or Riding Stable........................... ............. 100.00
(e) Grooming Shop .................................................... 30.00
(f) Auction ...... ... ...... ... ........ ...... .... ..... ....... ..... ......... 100.00
(g) Animal exhibition/circus ... ... ........ .... ... ...... ........... .... 100.00
(h) Zoological Park.................................................... 200.00
(i) Guard Dog Training Center...................................... 200.00
U) Obedience Training Center....................................... 50.00
(k) Commercial Establishment using a Guard Dog............... 30.00
(1) Annual Seller's Permit............................................ 100.00
(m) One time Seller's Permit.......................................... 10.00
(n) Temporary Permit (not to exceed 3 days) ...................... 15.00
(0) Dangerous Dog Permit............................................ 50.00
(3) Impoundment Fee. An impoundment fee must be paid for each captured animal.
Dog/Cat neutered (1 st offense) ..................................
Dog/Cat un-neutered (1 st offense) ..............................
Dog/Cat neutered (2nd offense during 12-month period).....
Dog/Cat un-neutered (2nd offense during 12-month period). . .
Dog/Cat neutered (3rd offense) .................................
Dog/Cat un-neutered (3rd offense) ..............................
Dog/Cat neutered (4th offense) ... ........ .... ..... ....... ... ....
Dog/Cat un-neutered (4th offense) ..............................
Fowl or other small animal......... ........ .... ...... ......... ....
Livestock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
ZoologicaVCircus animal... ... ............ ... ........... ..........
50050600.1
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25.00
35.00135.00
45.00
65.00
75.00
90.00
100.00
25.00
50.00
100.00
(4) Boarding Fee. A boarding fee must be paid for each animal.
(a) Dog/Cat per day... ...... ... ........ .... ... ......... ......... ... ...
(b) Fowl or other small animal.......................................
(c) Reptile ...............................................................
(d) Livestock............................................................
(e) Zoological/Circus animal..........................................
10.00
10.00
20.00
25.00
200.00
(5) Surrender Fee. Charge per animal (except livestock, zoo or circus animal).
(a) Dog/Cat ... ..... .... ... ......... ...... ......... ... ..... ....... ... ....... 35.00
(b) Fowl, reptile or other small animal................................. 35.00
(6) Quarantine Fee. Charge per animal. (Plus a charge of$8.00 per day/per animal
for boarding.)
(a) Dog/Cat neutered/spayed.............................................
(b) Dog/Cat un-neutered/un-spayed ... ... ... ......... ...... ............
30.00
50.00"
SECTION II
1. All ordinances and resolutions, or parts thereof, m conflict with the
provisions of this Ordinance are hereby repealed.
2. This Ordinance shall be in force and effect from and after its final passage.
(fhe rest of this page intentionally left blank.)
50050600.1
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PASSED AND APPROVED on first reading the ~ day of January, 2008.
PASSED AND FINALLY APPROVED on second and final reading the ;"~day
of January, 2008.
Mayor
ATTEST:
G~~~^M"Ul
City Secretary
[CITY SEAL]
50050600.1
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ANIMAL AND FOWL
EXHIBIT 1
FEE SCHEDULE
(1) Standard fee. A license shall be issued after payment of the standard fee of $3.00
per year/per spayed or neutered animal; un-neutered or un-spayed animals are
$8.00 per year/per animal. Replacement tags (iflost) are $2.00.
(2) Permits. A permit shall be issued after payment of the applicable fee:
(a) Kennel authorized to house ten or less dogs or cats......... $25.00
(b) Kennel authorized to house more than ten, but less than 50.... 100.00
( c) Kennel authorized to house 50 or more dogs or cats. . . . . . . . . . 150.00
(d) Pet Shop or Riding Stable.................. ... ... ......... ....... 100.00
( e) Grooming Shop...... ......... ... .............. .................... 30.00
(f) Auction.............................................................. 100.00
(g) Animal exhibition/circus.......................................... 100.00
(h) Zoological Park............ .. .. .. . .. .. . .. . .. .. . .. .. . .. .. .. . .. .. .. .. 200.00
(i) Guard Dog Training Center................................... ... 200.00
(j) Obedience Training Center....................................... 50.00
(k) Commercial Establishment using a Guard Dog............... 30.00
(1) Annual Seller's Permit ............................................ 100.00
(m) One time Seller's Permit......... ... .............................. 10.00
(n) Temporary Permit (not to exceed 3 days) ...................... 15.00
(0) Dangerous Dog Permit............................................ 50.00
(3) Impoundment Fee. An impoundment fee must be paid for each captured animal.
Dog/Cat neutered (1 st offense) ..................................
Dog/Cat un-neutered (1 st offense) ..............................
Dog/Cat neutered (2nd offense during 12-month period).....
Dog/Cat un-neutered (2nd offense during l2-month period)...
Dog/Cat neutered (3 rd offense) .................................
Dog/Cat un-neutered (3 rd offense) ..............................
Dog/Cat neutered (4th offense) ..................................
Dog/Cat un-neutered (4th offense) ..............................
Fowl or other small animal........................................
Livestock .............................................................
Zoological/Circus animal... ... ........................ ............
25.00
35.00
35.00
45.00
65.00
75.00
90.00
100.00
25.00
50.00
100.00
(4) Boarding Fee. A boarding fee must be paid for each animal.
(a) Dog/Cat per day...................................................
(b) F ow 1 or other small animal .......................................
( c) Reptile...............................................................
(d) Livestock............................................................
( e) Zoological/Circus animal... ... ... ... ....... .. ...... ... ... ... ... ...
10.00
10.00
20.00
25.00
200.00
(5) Surrender Fee. Charge per animal (except livestock, zoo or circus animal).
(a) Dog/Cat................................................................ 35.00
(b) Fowl, reptile or other small animal................................. 35.00
(6) Quarantine Fee. Charge per animal. (Plus a charge of$8.00 per day/per animal
for boarding.)
(a) Dog/Cat neutered/spayed.............................................
(b) Dog/Cat un-neutered/un-spayed ....................................
30.00
50.00"