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.
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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~).
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'.
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.
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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. . ,~
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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.
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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.
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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.
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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.
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(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.
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(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.
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(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
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..
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.
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(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.
, \
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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.
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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
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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.
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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
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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)
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