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ORD 1992-07m TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92-07 AN ORDINANCE RELATING TO THE CONTROL OF ANIMALS; DECLARING IT UNLAWFUL TO PERMIT ANIMALS TO RUN AT LARGE; DECLARING IT UNLAWFUL TO KEEP OR HARBOR WILD ANIMALS; PROVIDING FOR THE VACCINATION OF ALL DOGS AND CATS; REQUIRING THE OWNER OF EACH DOG OR CAT TO ANNUALLY REGISTER THE ANIMAL WITH THE TOWN; PROVIDING FOR SANITARY CONDITIONS; DECLARING IT UNLAWFUL TO KEEP AN ANIMAL WHICH MAKES LOUD NOISES; DECLARING IT UNLAWFUL TO KEEP A VICIOUS ANIMAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NOS. 85-16 AND 91-08 RELATING TO ANIMAL CONTROL FOR THE PURPOSE OF COMBINING THE SAID ORDINANCES HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council has heretofore adopted Ordinance Nos. 85-16 and 91-08 relating to animal control, and it is the intent of the Council, by the adoption of this Ordinance, to combine Ordinance Nos. 85-16 and 91--08 into this Ordinance without effecting a substantive change in the law; and WHEREAS, it is in the interest of the public health, safety and general welfare to establish regulations for the control of animals within the Town limits of the Town of Trophy Club. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TOWN OF TROPHY CLUB, TEXAS: Section 1. Definitions. For purposes of this Ordinance, the words and phrases listed below shall mean as follows: A. "Cat" means an animal of the feline species, both male and female. B. "Dog" means an animal of the canine species, both male and female. C. "Owner" means any person owning, keeping, harboring or having control or custody of an animal. D. "Running at large", when applied to animals, means generally loose and not under positive control of the owner while off the owner's property; when applied to wild, vicious or exotic animals, means not in a suitable enclosure. -1- E. "Vicious (when applied to a dog, cat or other domestic animal) means any dog, cat, or other domestic animal within the Town that shall bite, scratch or otherwise attack a person, which dog, cat or other domestic animal has previously bitten, scratched or otherwise attacked 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 otherwise provoking or teasing such animal shall be deemed vicious or dangerous to persons or other animals. F. "Vicious" (when applied to other than a domestic animal) means any animal, including any reptile, which, by nature, is normally considered dangerous to persons or other animals, shall be deemed vicious or dangerous to persons or other animals. G. "Wild animals" means undomesticated animals, including reptiles, not ordinarily considered home, farm or ranch animals. Section 2. Animal at Large. A. It shall be unlawful for any person raising, owning or harboring any animal to willfully allow or permit such animal to run at large upon the public streets, parks or other public property of the Town or to willfully allow or permit such animal to run at large or to go upon any premises owned or in possession of or under the control of any other person in the Town. B. Animals on a leash shall not be construed as running at large provided such leash is either attached to an immovable object or firmly grasped at all times within the control of a person physically capable of maintaining the control of such animal. C. At all other times said animal shall be confined to the premises of its owner (1) by a fence of sufficient strength and height to prevent said animal from escaping therefrom, (2) inside the house, or (3) secured on said premises by a leash consisting of a rope or metal chain of sufficient strength to prevent said animal from escaping from said premises and so arranged that said animal will remain upon said premises when the leash is stretched to full length. Section 3. Wild Animals. A. It shall be unlawful to keep or harbor any wild animal within the Town, except at commercial establishments dealing in the sale or handling of such animals, having proper zoning for such commercial enterprises and having proper facilities for the care and restraint of such animals. B. The Chief of Police may establish conditions under which it would be permissible to keep or harbor wild animals in the Town on a temporary basis. Section 4. Exceptions. With the exception of sanitation requirements, noise prohibitions, and prohibition on keeping -2- vicious animals, the provisions of this ordinance shall not apply to cats; nor shall same apply to dogs under the age of three (3) months; nor shall same apply to dogs or cats of nonresidents of the Town who are temporarily visiting in the Town, which dogs or cats, while out of doors, are kept securely under control by a leash, rope or strap, or confined in a vehicle. Section 5. Vaccination. It shall be the duty of the owner or keeper of each dog and cat, owned, kept possessed, harbored or allowed upon the premises of any such person and under such person's control in the Town to have such dog or cat vaccinated against rabies by a legally licensed veterinarian at least once each year. Vaccination is defined as a protective inoculation with antirabic vaccine recognized and approved by the U.S. Department of Agriculture given in an amount sufficient to provide an immunity. Section 6. Licenses and Tags. A. License Required. The owner or harborer of each dog or cat more than four (4) months old in the Town shall obtain an annual license for such dog or cat from the Town Manager. At the time of application for such license, the owner shall present the certificate of vaccination for the said animal and pay a licensing fee for each dog or cat as set forth in the Schedule of Fees of the Town. B. Possession of Unlicensed Dog or Cat Prohibited. A person commits an offense if he possesses within the Town a dog or cat which has not been licensed according to Section 6.A., above. The owner or harborer of a dog or cat shall, upon request, show to the animal control officer or other officer of the Town enforcing this Ordinance the receipt for the animal's Town registration. The failure or refusal of an owner or harborer to produce the animal control officer or other officer of the Town enforcing this Ordinance the receipt for the animal's Town registration. The failure or refusal of an owner or harborer to produce to the animal control officer or other Town official charged with enforcement of this Ordinance, upon request, a current license tag shall constitute prima facie proof that such dog or cat has not been licensed according to the requirements contained in Section 6.A.1 above. C. Issuance of Tags. Upon presentation of the vaccination certificate and payment of the licensing fee, the Town Manager or the Manager's duly authorized representative shall issue to the owner or harborer a license tag. The tag shall be so marked as to indicate the period of time such license is valid. The license tag shall be valid for a period of one (1) year or until the anniversary date of the vaccination of the dog or cat, whichever comes first. The license tag and vaccination tag shall be affixed to a collar which shall be attached to the animal's neck and worn by such animal at all times. -3- D. Lost or Destroyed Tags. In the event a license tag is lost or destroyed, a duplicate shall be issued by the Town Manager upon presentation of a receipt showing the payment of the license fee. The duplicate license tag shall be valid only for the period of time that remains on the original license receipt. E. Failure to Obtain Registration Tag. A person commits an offense, without regard to his mental state, if he harbors a dog or cat without a current registration tag for the dog or cat. F. Defenses. It is a defense to prosecution that: (1) the dog or cat was younger than four months; or (2) the owner or harborer of the dog or cat has resided in the Town less than 30 days. G. TransferabilitV of Registration. Town registration of a dog or cat is not transferable to another dog or cat. Section 6. Nuisance. It shall be unlawful for the owner of any animal to permit such animal to urinate or defecate upon sidewalks, public parks, alleys, other places open to the public or on private property without permission of the owner thereof. In the event that the owner of an animal is unable to prevent the deposit of waste material in violation of this Section, it shall be the duty of such person to properly dispose of such waste material, to the extent practical. Section 7. Sanitary Conditions. All persons keeping animals within the Town shall keep the premises upon which such animal is kept clean and free from noxious and unpleasant odors and shall use some standard spray at reasonable intervals so as to keep such premises free from flies, mosquitoes, fleas and other insects. Section 8. Animal Noise. No person shall willfully or knowingly keep or harbor on such person's premises any animal that makes or creates loud and obnoxious noises by whatever method created, thereby disturbing the occupant of adjacent premises or people living in the vicinity of such loud and obnoxious noises. Section 9. Control of Doer. All owners or keeps of dogs within the Town of Trophy Club shall utilize a "pooper scooper" at any time said dog, accompanied by its owner or keeper, is upon public property or the property of any other individual within the limits of the Town of Trophy Club. All dogs shall be curbed at any time said dog, accompanied by its owner or keeper, is upon public property of any other individual within the limits of the Town of Trophy Club. Section 10. Use of Muzzle. A. It shall be unlawful for the owner or keeper of a vicious animal to allow such animal to be on any public street, park or in -4- any other public place within the Town unless the mouth of such animal is muzzled in such a manner as to protect persons from being bitten. B. No muzzle shall be used on any animal which is made from any material, or maintained on any such animal in such a manner, as to have the effect of cutting the skin of, or injuring such animal. C. Proof of any person having been bitten or attacked by any animal shall be prima facie evidence that such animal is vicious. Section 11. Savings; Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting animal control and health and sanitation and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, .that Ordinance Nos. 85-16 and 91-08 are hereby repealed in their entirety, but provided that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance Nos. 85-16 and 91-08 shall continue to be governed by the provisions of those Ordinances and for that purpose Ordinance Nos. 85-18 and 91-08 shall be deemed to remain and continue in full force and effect. Section 12. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 13. Penalty. That it shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 14. Effective Date. That this Ordinance shall take effect from and after its date of passage and publication as provided by law. PASSED AND APPROVED on the ±L day ofD Ir 1992. L -5- ATTEST: Town Secret ,1 L Town of Trophy Club, Texas [SEAL] Town ttorney,' Town f Trophy Club, Texas Q.