Stephenville Animal Ordinance
§ 90.01 PURPOSE, INTENT.
The animal control regulations as herein established have been enacted for the purpose of promoting the health, safety and general welfare of the city. The intent of the regulations, prohibitions and provisions is to protect values within the city; to enhance the quality of life of persons, pets and other animals; and to protect the general public from damage and injury which may be caused by unregulated animals.
(`75 Code, § 3-1) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)
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§ 90.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To withdraw protection, support or help from.
ANIMAL CONTROL OFFICER. A person designated by the city as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of sections of the state statute pertaining to the care and control of animals.
ATTACK. A physically aggressive action against a person.
BOARDING/RIDING STABLE. Any facility for boarding, livery, training or riding school; or any facility which maintains horses or ponies, mules, donkeys or burros; whether gratuitously or for a fee.
DANGEROUS ANIMAL. Any warm-blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the State Department of Health. A DANGEROUS ANIMAL includes any hybrid animal, any pet wildlife or any domestic animal which has attacked a human, or is attacking or attempting to attack a human.
DANGEROUS DOG. A dangerous dog is one that meets the following conditions.
A. Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own.
B. Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
DOMESTIC ANIMAL. Any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, which can be vaccinated against rabies with an approved rabies vaccine and any animal which has an established rabies quarantine observation period.
ENCLOSURE. A fenced area or structure that is reasonably capable of preventing the escape of a dog.
ERATH COUNTY HUMANE SOCIETY SHELTER. The facility designated and/or operated by the Erath County Humane Society for the purpose of impounding and caring for animals held under authority of this chapter. The Erath County Humane Society will be referred to as the Shelter hereafter.
ESTRAY. Any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits or any species of cattle.
EXOTIC SPECIES. Any animal born or whose natural habitat is outside the continental United States, excluding non-venomous reptiles and fish. This is to include bobcats and cougars.
GUARD DOG. Any dog which is professionally trained and kept solely for the protection of persons and property.
HARBORING. The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter or care for a period of three days or longer.
HOME ISOLATION. Where a domestic animal may have been bitten or scratched by a wild mammal and the domestic animal is kept on the owner’s premises (with permission from ACO) isolated from contact with any other animals or persons, except for the one person designated by the owner to care for the animal during the isolation period.
HYBRID. An offspring of genetically differing parents as members of different breeds or species.
KENNEL. Any establishment designed or used for the boarding, selling or breeding of animals where three or more dogs or cats are to be boarded, sold or bred. This excludes veterinary clinics.
LIVESTOCK. An animal raised for human consumption or an equine animal, to include the following: cattle, sheep, horses, mules, donkeys, llamas, burros, goats, swine, poultry or any hybrid of these.
OWNER. Any person who has right of property in an animal or any person who exercises control over an animal for any length of time.
NORMAL ENCLOSURE: A fenced area or structure that prevents the escape of an animal that has not been declared as dangerous by the Animal Control Officer.
RABIES VACCINATION. The vaccination of a dog, cat or other domestic animal with a rabies vaccine approved by the State Department of Health and administered by a Doctor of Veterinary Medicine licensed by the State Board of Veterinary Medical Examiners.
RUNNING AT LARGE. Any animal which meets the following conditions.
A. Is not restrained by means of a leash, chain or other physical apparatus of sufficient strength and length to control the actions of such animals while off the owner’s premises.
B. Is not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping there from, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length.
C. Any animal which is within a vehicle in a manner that would prevent that animal’s escape or contact with other persons or animals will not be deemed “at large.”
SECURE ENCLOSURE. Any animal that has been declared dangerous by the Animal Control Officer shall be kept in a Secure Enclosure. Secure Enclosure means a fenced area or structure that is as follows:
A. Locked;
B. Capable of preventing the entry of the general public, including children;
C. Capable of preventing the escape of a dog; and/or
D. Clearly marked as containing a dangerous dog.
STRAY ANIMAL. Any animal roaming with no physical restraint beyond the premises of an animal’s owner or keeper. Stray also has the same meaning as running at large.
THEATRICAL EXHIBITION. Any exhibition or act featuring performing animals, for example a circus or carnival.
UNPROVOKED. With respect to an attack by an animal where the animal was not taunted or teased; hit, kicked or struck by a person with an object or part of a person’s body; nor was any part of the animal’s body pulled, pinched or squeezed by a person.
VETERINARIAN. Any Doctor of Veterinary Medicine having a current license issued by the State Board of Veterinary Medical Examiners.
WILDLIFE. Any animal which occurs naturally in a wild state, including any hybrid breeds.
(`75 Code, § 3-2) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)
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§ 90.03 CREATING A HEALTH HAZARD.
A. No animal owner will violate the health and sanitation provisions in Ch. 93, §§ 93.04 and 93.06 of this code.
B. No person will allow his/her animal to eliminate on public property or the property of another and not remove the same.
(`75 code, § 3-3) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99 Cross-reference: Health and Sanitation, see Ch. 93
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§ 90.04 TAMPERING WITH TRAPS AND EQUIPMENT.
No person will remove, alter, damage or otherwise tamper with a trap or equipment belonging to/set out by the Animal Control Division.
(`75 Code, § 3-4) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99
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§ 90.05 AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL.
The Animal Control Division, or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, when the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal.
(`75 Code, § 3-5) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98)
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§ 90.06 EXCESSIVE NOISE.
No person will knowingly keep on their premises an animal that disturbs the peace by making excessive loud or obnoxious noises. Any person who has been notified by the Animal Control Officer or City Police Department that their animal is disturbing the peace in this manner has 24 hours from the time of notification to stop the disturbance and prevent its recurrence. Failure to do so within this time period is a violation of this chapter and will be considered a misdemeanor. Each 24-hour period such a violation occurs is punishable as a separate offense.
(`75 Code, § 3-6) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99
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§ 90.07 KENNELS.
No kennels shall be allowed within the city limits. Licensed veterinary clinics, licensed retail pet stores and licensed pet grooming centers shall not be declared as “kennels.
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§ 90.08 ESTRAYS.
A. Unattended estray. It will be unlawful for any person, firm or corporation to allow an estray to be at large within the city limits. The party having ownership or right to immediate control of such estray will have the burden to keep the estray off any property other than their own in the city.
B. Impoundment. As required by state law, it will be the duty of the county sheriff’s office to take up any and all estray that may be found within the city and to impound such estray.
(`75 Code, §§ 3-126 and 3-127) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99
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§ 90.09 PROHIBITED ANIMALS; EXEMPTIONS.
A. Prohibited animals. Animals which are considered “high risk” under the Texas Rabies Control Act and are prohibited within the city limits are skunks, bats, coyotes, foxes and raccoons. Any hybrid of these breeds is also prohibited. Other animals which may be considered dangerous and are prohibited include, but are not limited to: venomous reptiles, constrictor reptiles, elephants, rhinoceros, wolves, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, binturongs, ostriches, emus, rheas, apes or any hybrid of these animals.
B. Exemptions. This section does not apply to the following:
1. Zoological Parks accredited by the American Association of Zoological Parks and Aquariums;
2. Federally?licensed research institutions; or
3. Any government agency or its employee who use the animals in relation to an education, propagation or behavior program.
(`75 Code, §§ 3-138 and 3-139) (Ord. 1997-8, passed 7-1-98; Am. Ord. 1998-24, passed 11-17-98) Penalty, see § 10.99
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§ 90.10 ANIMALS PROHIBITED IN PARKS DURING ACTIVITIES.
A. Animals are prohibited in any of the parks located within the city limits of the City of Stephenville during any organized special event.
B. For purposes of the section, an organized activity includes any city-sponsored activity or event; including, but not limited to, festivals, shows or athletic events.
C. Exceptions:
1. Display of animals for viewing, petting zoos, or similar activities is allowed with the permission of the Stephenville Parks and Recreation Director.
2. Canine assistance for the handicapped.
D. Any person who violates any of the provisions of this ordinance will be guilty of a Class C Misdemeanor and upon conviction thereof, will be punished by a fine not to exceed five hundred dollars ($500.00). Each day of violation will constitute a separate offense.
(Ord. 2001-23, passed 11-06-2001)
Originally posted 2009-02-09 01:34:02.
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