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Texas - Dallas

The Dallas City Code. Volume I. Chapter 7. Animals.

Last Checked by Web Center Staff: 06/2012
Disclaimer: Due to the overwhelming number of cities and counties across the United States, the Animal Legal & Historical Center's collection reflects only a sample of all animal-related ordinances. Many ordinances are not complete sets and have been edited for a particular topic. If you do not see your city or county listed on the website, please refer to your local government’s website or try searching Municode or American Legal Publishing (http://www.amlegal.com/library/ and http://www.municode.com/Library). Please note that we update ordinances once a year, so the ordinances on this website may not be the most current version.
Statute Details
Printable Version

Citation: Sec. 7-1.1 - Sec. 7-8.3

Summary:  
This comprises Dallas, Texas' animal control and dangerous dog ordinances. Among the provisions is a requirement that an owner of an animal restrain the animal at all times in a fenced yard, in an enclosed pen or structure, or by a tether or leash. Other provisions of interest include an anti-trapping provision; a section that prohibits the carrying or transporting of an animal within the open bed of any moving pickup; and limitations on the number of dogs or cats that residents can maintain based on the size of the lot and proximity to other dwellings. Dallas has a mandatory spay/neuter requirement; an owner of a dog or cat commits an offense if the animal is not spayed or neutered once over six months old (subject to certain exemptions). Further, a person commits an offense if he or she breeds a dog or cat without a valid intact animal permit for the dog or cat. Other provisions include the keeping of prohibited animals, the keeping of roosters, and noise disturbances by animals.


Ordinance Text in Full:


 

ARTICLE I. GENERAL.

Sec. 7-1.1.     Definitions.

ARTICLE II. ANIMAL SERVICES; CITY ANIMAL SHELTERS.

Sec. 7-2.1.     State law; local rabies control authority designated.

Sec. 7-2.2.     Shelters established.

Sec. 7-2.3.     Policies and procedures.

Sec. 7-2.4.     Quarantine of animals.

Sec. 7-2.5.     Impoundment of animals.

 

Sec. 7-2.6.     Redemption of impounded animals.

Sec. 7-2.7.     Adoption of animals.

Sec. 7-2.8.     Killing or euthanasia of animals.

ARTICLE III. CARE AND TREATMENT OF ANIMALS.

Sec. 7-3.1.     Proper restraint.

Sec. 7-3.2.     Sanitary conditions; maintenance of premises.

Sec. 7-3.3.     Trapping animals.

Sec. 7-3.4.     Unlawful placement of poisonous substances.

Sec. 7-3.5.     Transporting an animal in an open bed of a motor vehicle.

ARTICLE IV. SPECIFIC REQUIREMENTS FOR DOGS AND CATS.

Sec. 7-4.1.     Vaccination of dogs and cats.

Sec. 7-4.2.     Registration of dogs and cats.

Sec. 7-4.3.     Revocation and denial of registration.

Sec. 7-4.4.     Authorized registrars.

Sec. 7-4.5.     Sale of dogs and cats.

Sec. 7-4.6.     Limitation on the number of dogs and cats in dwelling units.

Sec. 7-4.7.     Tethered dogs.

Sec. 7-4.8.     Defecation of dogs on public and private property; failure to carry materials and implements for the removal and disposal of dog excreta.

Sec. 7-4.9.     Confinement requirements for dogs kept outdoors.

Sec. 7-4.10.     Restrictions on unsterilized dogs and cats.

Sec. 7-4.11.     Intact animal permit.

Sec. 7-4.12.     Duty to locate owners of stray dogs.

ARTICLE V. DANGEROUS DOGS.

Sec. 7-5.1.     Definitions.

Sec. 7-5.2.     State law; animal control authority.

Sec. 7-5.3.     Determination as a dangerous dog.

Sec. 7-5.4.     Appeals.

Sec. 7-5.5.     Requirements for ownership of a dangerous dog; noncompliance hearing.

Sec. 7-5.6.     Attacks by dangerous dog; hearing.

Sec. 7-5.7.     Prohibition on owning a dog determined dangerous by another jurisdiction.

Sec. 7-5.8.     Surrender of a dangerous dog.

Sec. 7-5.9.     Dangerous dog owned or harbored by minor.

Sec. 7-5.10.     Defenses.

ARTICLE VI. PROHIBITED AND REGULATED ANIMALS.

Sec. 7-6.1.     Prohibited animals.

Sec. 7-6.2.     Regulated animals.

ARTICLE VII. MISCELLANEOUS.

Sec. 7-7.1.     Interference with an animal services officer.

Sec. 7-7.2.     Sale of animals from public property.

Sec. 7-7.3.    Keeping of roosters.

Sec. 7-7.4.     Disturbance by animals.

Sec. 7-7.5.     Vaccination of ferrets.

Sec. 7-7.6.     Animals as prizes, promotions, and novelties.

ARTICLE VIII. VIOLATIONS, PENALTIES, AND ENFORCEMENT.

Sec. 7-8.1.     Violations; criminal and civil penalties.

Sec. 7-8.2.     Additional enforcement provisions.

Sec. 7-8.3.     Parent’s ultimate responsibility.

 

 

ARTICLE I. GENERAL.

SEC. 7-1.1.     DEFINITIONS.


     In this chapter:

(1)     ADOPTER means a person who adopts an animal from an animal shelter or an animal adoption agency.

(2)     ADOPTION AGENCY means an animal welfare organization or animal placement group approved by the director to take impounded dogs and cats from animal services for adoption to the public.

(3)     ANIMAL means any nonhuman vertebrate.

(4)     ANIMAL SERVICES means the division of the department so designated by the director for the purpose of animal care and control and enforcement of this chapter.

(5)     ANIMAL SERVICES OFFICER means an employee of animal services whose duty it is to enforce the provisions of this chapter.

(6)     ANIMAL SHELTER means a city-owned and operated animal shelter facility established for the impoundment, quarantine, care, adoption, euthanasia, and other disposition of unwanted, stray, diseased, or vicious animals.

(7)     ANIMAL WELFARE ORGANIZATION means a non-profit organization incorporated under state law and exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and to adopt them to good homes.

(8)     AUTHORIZED REGISTRAR means a person issued written permission by the director to register dogs and cats in compliance with this chapter.

(9)     CHIEF OF POLICE means the head of the police department of the city of Dallas or a designated representative.

(10)     COMPETITION CAT means a pedigreed cat not used for breeding that:

(A)     is of a breed recognized by and registered with an approved cat breed registry, such as the American Cat Fanciers Association, the Cat Fanciers' Association, the International Cat Association, or any other cat breed registry approved by the director; and

(B)     competes in cat shows or other competition events sponsored by an approved cat breed registry.

(11)     COMPETITION DOG means a pedigreed dog not used for breeding that:

(A)      is of a breed recognized by and registered with an approved dog breed registry, such as the American Kennel Club, the United Kennel Club, the American Dog Breeders Association, or any other dog breed registry approved by the director; and

(B)     shows or competes in a confirmation, obedience, agility, carting, herding, protection, rally, sporting, working, or other event sponsored by an approved dog breed registry.

(12)     CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. "Conviction" includes disposition of charges against a person by probation or deferred adjudication.

(13)     CURRENTLY VACCINATED means vaccinated against rabies by a licensed veterinarian, with a rabies vaccine licensed by the U.S. Department of Agriculture, and:

(A)     not more than 12 months have elapsed since the animal's most recent vaccination date, if the most recent vaccination was with a one-year rabies vaccine or was the animal's initial vaccination; or

(B)     not more than 36 months have elapsed since the animal's most recent vaccination date, if the most recent vaccination was with a three-year rabies vaccine and the animal is a dog or cat that has received at least two vaccinations.

(14)     DIRECTOR means the director of the department designated by the city manager to perform the duties assigned in this chapter or the director's authorized representative.

(15)     DOMESTIC ANIMAL means:

             (A)     livestock;

             (B)     a dog;

             (C)     a cat;

             (D)     a ferret;

(E)     any bird, other than one in the Falconiforms or Strigiforms Order, that is commonly kept as a human's companion;

(F)     any "pocket pet," such as a mouse, hamster, gerbil, guinea pig, or rabbit, that is commonly kept as a human's companion;

(G)     any fish, such as a goldfish or tropical fish, that is commonly kept as a human's companion; and

(H)     any non-venomous and non- constrictor reptile or amphibian that is commonly kept as a human's companion.

(16)     EUTHANASIA means to put an animal to death in a humane manner.

(17)     FENCED YARD means an area that is completely surrounded by a substantial fence of sufficient strength, height, construction, materials, and design as to prevent:

(A)     any animal confined within from escaping; or

(B)     the head of a dog confined within from extending over, under, or through the fence.

(18)     FERAL CAT means any homeless, wild, or untamed cat.

(19)     LICENSED VETERINARIAN means a person licensed to practice veterinary medicine within the United States, or an authorized representative under that person's direct supervision.

(20)     LIVESTOCK means any fowl, horse, mule, burro, ass, cattle, sheep, swine, goat, llama, emu, ostrich, or other common farm animal.

(21)     MICROCHIP IMPLANT means a passive electronic device that is injected into an animal by means of a pre-packaged sterilized implanting device for purposes of identification and/or the recovery of the animal by its owner.

(22)     ONE-YEAR RABIES VACCINE means a rabies vaccine labeled and licensed by the U.S. Department of Agriculture as immunizing a dog, cat, or ferret against rabies for one year.

(23)     OWN means to have legal right of possession or to otherwise have care, custody, possession, or control of an animal.

(24)     OWNER means any person owning or having care, custody, possession, or control of an animal.

(25)     PERMITTEE means a person issued an intact animal permit under Section 7-4.11 of this chapter.

(26)     PERSON means an individual or group of individuals acting in concert, a firm, partnership, association, corporation, or other legal entity.

(27)     PET means a domestic animal to be kept as a human's companion.

(28)     PROHIBITED ANIMAL means:

(A)     a "dangerous wild animal" as that term is defined in Section 822.101 of the Texas Health and Safety Code, as amended;

(B)     a margay, badger, wolf, dingo, elephant, hippopotamus, rhinoceros, non-human primate (other than a spider monkey or capuchin), crocodile, alligator, caiman, gavial, venomous amphibian or reptile, racer, boa (other than a red-tail boa), water snake, python (other than a ball python), hawk, eagle, vulture, and owl; and

(C)     any hybrid of an animal listed in Paragraph (A) or (B) of this subsection (other than a dog-wolf hybrid).

(29)     PROTECTIVE CUSTODY means the holding of an animal in a city animal shelter

(A)     due to the arrest, eviction, hospitalization, or death of the animal's owner;

(B)     pursuant to a court order; or

(C)     at the request of a law enforcement agency.

(30)     REGULATED ANIMAL means any non-human animal other than a prohibited animal or domestic animal.

(31)     RETAIL PET STORE means a business that regularly sells animals for pet purposes to an ultimate owner. The term includes any owner, operator, agent, or employee of the business.

(32)     SERVICE ANIMAL means:

(A)     any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, and assisting non-ambulatory persons by pulling a wheelchair or fetching dropped items; and

(B)     any trained animal used by a governmental agency in police and rescue work.

(33)     STRAY means an unrestrained domestic animal that is outside the boundaries of the premises owned, leased, or legally occupied by the animal's own.

(34)     THREE-YEAR RABIES VACCINE means a rabies vaccine labeled and licensed by the U.S. Department of Agriculture as immunizing a dog or cat against rabies for three years.  (Ord. Nos. 26024; 27250)

ARTICLE II. ANIMAL SERVICES; CITY ANIMAL SHELTERS.


SEC. 7-2.1.     STATE LAW; LOCAL RABIES CONTROL AUTHORITY DESIGNATED.
     (a)     The provisions of Chapters 823 and 826 of the Texas Health and Safety Code, as amended, are incorporated into this article by reference.

     (b)     The director is designated as the local rabies control authority for purposes of Chapter 826 of the Texas Health and Safety Code, as amended, and shall perform the duties required of a local rabies control authority under that chapter and under rules adopted by the Texas Board of Health pursuant to that chapter. (Ord. 26024)

SEC. 7-2.2.     SHELTERS ESTABLISHED.
     The city council shall select and establish one or more animal shelters in the city for impoundment,

quarantine, care, adoption, euthanasia, and other humane disposition of unwanted, stray, diseased, or vicious animals. (Ord. 26024)

SEC. 7-2.3.     POLICIES AND PROCEDURES.
     The director will develop written policies and procedures for all animal services operations, including standards for city animal shelters; the training of animal services personnel; the care, euthanasia, and disposition of animals in the custody of animal services; the form and maintenance of records relating to impounded animals; and the transfer and adoption of dogs and cats. (Ord. 26024)

SEC. 7-2.4.     QUARANTINE OF ANIMALS.

(a)     The director is authorized to quarantine an animal as provided in Chapter 826 of the Texas Health and Safety Code, as amended, and the rules adopted by the Texas Board of Health under that chapter.

(b)     An owner of an animal commits an offense if, upon notification by the director that the animal has bitten or scratched a person, the owner fails to either:

          (1)     surrender the animal immediately to the director for quarantine at a city animal shelter;

          (2)     immediately deliver the animal to a veterinary clinic approved by the director for quarantine at the owner's expense; or

          (3)     quarantine the animal on the owner's property in a secure enclosure approved by the director. (Ord. 26024)

SEC. 7-2.5.     IMPOUNDMENT OF ANIMALS.

(a)     The director or the chief of police is authorized to impound:

          (1)     any animal in the city that is not restrained by tether or leash, fenced yard, or enclosed structure;

          (2)     any animal for protective custody;

          (3)     any animal required to be quarantined under Section 7-2.4;

          (4)     any animal seized pursuant to a warrant or court order;

          (5)     any prohibited animal kept in the city in violation of Section 7-6.1; and

          (6)     any animal posing a threat to the public health or safety.

(b)     If an animal described in Subsection (a) is on private property or property of the animal's owner, the impounding officer may enter the property for the purpose of impoundment or issuance of a citation, or both.

(c)     No animal impounded at a city animal shelter or in the custody or control of animal services may be knowingly sold, released, or otherwise disposed of for research purposes. (Ord. 26024)

SEC. 7-2.6.     REDEMPTION OF IMPOUNDED ANIMALS.
(a)     To redeem an impounded animal from a city animal shelter, the owner of the animal must provide proof of ownership and pay to the director the following fees:

          (1)     a redemption fee of:

(A)     $7 for an animal delivered for impoundment to a city animal shelter by a person other than a city employee in the performance of official duties; or

(B)     $27 for an animal delivered for impoundment to a city animal shelter by a city employee in the performance of official duti

(2)     $10 for each night the animal is housed in a city animal shelter;

(3)     $10 for a rabies vaccination of a dog, cat, or ferret if the owner cannot show either:

               (A)     a current certificate of vaccination for the animal; or

               (B)     proof that the animal was not vaccinated due to health reasons as verified by a licensed veterinaria

(4)     the applicable registration fee for a dog or cat under Section 7-4.2, if the owner cannot show proof of current registration;

(5)     $15 for a microchip implant and initial national registration of a dog or cat, unless:

(A)     the animal was injected with a microchip implant prior to impoundment; or

(B)     a licensed veterinarian certifies that the animal should not be injected with a microchip implant for health reasons; and

(6)     $60 for the sterilization of a dog or $40 for the sterilization of a cat, unless:  

(A)     the animal was spayed or neutered prior to impoundment;

(B)     the animal is under six months of age;

(C)     a licensed veterinarian certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile;

(D)     the animal is being held for sale by a retail pet store or for adoption by animal services or an animal welfare organization;

(E)     the animal is a competition cat or competition dogs

(F)     the animal is a service animal; or

(G)     the owner of the animal has, or obtains at the time of redemption, a valid intact animal permit for the animal under Section 7-4.11 of this chapter.

(b)     The redemption period for an animal impounded in a city animal shelter, other than for quarantine or pursuant to a court order, is:

(1)     three days after the date of impoundment, unless Paragraph (2) or (3) of this subsection applies to the animal;

(2)     10 days after the date of impoundment if:

 (A)     the animal is wearing a legible tag or has a microchip implant identifying its owner; or

(B)     the director has reason to believe the animal has an owner; or

(3)     10 days after the date of impoundment if the animal is being held for protective custody.

(c)     The redemption period for an animal impounded pursuant to a court order is the time set forth in the court order or, if no provision is made in the court order, five days after the court proceedings are final.

(d)     The redemption period for an animal impounded for quarantine is three days after completion of the quarantine period.

(e)     If an animal is not redeemed within the appropriate time period specified in Subsections (b) through (d), the animal will become the property of the city and may be placed for adoption, euthanized, or otherwise disposed of as recommended by the director.

(f)     An owner of an impounded animal commits an offense if he removes or attempts to remove the animal from a city animal shelter without first paying all applicable fees required in Subsection (a). (Ord. Nos. 26024; 27250)

SEC. 7-2.7.     ADOPTION OF ANIMALS

(a)     To adopt a dog or cat from animal services, the adopter shall:

(1)     complete and sign an adoption application on a form provided by the director for that purpose;

(2)     sign an adoption contract on a form provided by the director for that purpose, which shall include a statement that the adopter agrees that if the adopter fails to comply with a sterilization agreement under Subsection (d), the animal may be seized and impounded by the director and ownership will automatically revert to the city;

(3)     pay to the director a non-refundable adoption fee (which includes, but is not limited to, the costs of any required vaccination, microchip implant, initial national registration, and sterilization) of:

(A)     $85 for a dog and $55 for a cat, unless Subparagraph (B) of this paragraph applies to the adoption; or

(B)      $43 for a dog and $27 for a cat if:

(i)     the dog or cat is at least six years of age, as determined by the director;

(ii)      the ultimate owner of the dog or cat will be a person who is 65 years of age or older as of the date of adoption; or

(iii)     the adopter adopts two or more dogs and/or cats on the same date and as part of the same transaction, and the adopter will be the ultimate owner of all of the animals adopted in the transaction; and

(4)     pay to the director the applicable registration fee for the dog or cat under Section 7-4.2, if the dog or cat is at least four months of age and the adopter resides in the city.

(b)     The director may, from time to time, designate and advertise promotional adoption periods during which the non- refundable adoption fees payable under Subsection (a)(3)(A) will be reduced to $43 for a dog and $27 for a cat.  A promotional adoption period may not exceed seven consecutive days, and no more than eight promotional adoption periods may be designated during a calendar year.

(c)     Each dog or cat adopted from animal services will be spayed or neutered prior to release of the animal to the adopter, unless:

(1)     the dog or cat is under six months of age; or

(2)     a licensed veterinarian certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile.

(d)     Before an unsterilized dog or cat under the age of six months will be released from animal services for adoption, the adopter must sign a sterilization agreement with the director, complying with Section 828.003 of the Texas Health and Safety Code, as amended, agreeing to:

(1)     have the dog or cat spayed or neutered within 30 days after the date of adoption or the date the animal attains six months of age, whichever occurs last; and

(2)     furnish to the director, within seven days after the date of sterilization, confirmation complying with Section 828.005 of the Texas Health and Safety Code, as amended, that the animal was spayed or neutered by the completion date required in Paragraph (1) of this subsection.

(e)     An adopter who signs a sterilization agreement under Subsection (d) commits an offense if he fails to:

(1)     have the adopted dog or cat spayed or neutered within the time period required under Subsection (d)(1); or

(2)     furnish confirmation of sterilization as required under Subsection (d)(2).

(f)     It is a defense to prosecution under Subsection (e) if, by the seventh day after the sterilization completion date required in Subsection (d)(1), the director receives from the adopter either:

(1)     a letter complying with Section 828.006 of the Texas Health and Safety Code, as amended, stating that the animal is dead; or

(2)     a letter complying with Section 828.007 of the Texas Health and Safety Code, as amended, stating that the animal is lost or stolen.

(g)     The director may refuse to release a dog or cat for adoption under any circumstances, including, but not limited to:

(1)     the prospective adopter or adoption agency has previously violated a provision of this chapter or has been convicted of an animal-related crime;

(2)     the prospective adopter or adoption agency has inadequate or inappropriate facilities for confining the animal and for providing proper care to the animal as required by this chapter;

(3)     the prospective adoption agency has failed to sign or comply with a transfer agreement with animal services that requires the sterilization of adopted animals or other conditions imposed by the director; or

(4)     the director determines that the health, safety, or welfare of the animal or of the public would be endangered

(h)     If an adopter of a dog or cat violates Subsection (e), the director may seize and impound the animal, and ownership of the animal will automatically revert to the city.  (Ord. Nos. 26024; 27250; 28335)

SEC. 7-2.8.     KILLING OR EUTHANASIA OF ANIMALS.

(a)     The director or chief of police is authorized to kill by appropriate and available means an animal that poses an imminent danger to a person or another animal and a real or apparent necessity exists for destruction of the animal.

(b)     The director is authorized to euthanize, or to allow a licensed veterinarian to euthanize, an animal impounded at a city animal shelter if:

(1)     the director or a licensed veterinarian determines that euthanasia is necessary to prevent the unnecessary pain and suffering of the animal;

(2)     the director or a licensed veterinarian determines that recovery of the animal from injury, disease, or sickness is in serious doubt; or

(3)     the animal is not redeemed from a city animal shelter within the applicable time period required under Section 7-2.6 of this chapter.

(c)     An animal impounded at a city animal shelter may only be euthanized by using a barbiturate or derivative substance approved for that purpose by the Federal Food and Drug Administration and administered under the direction of a licensed veterinarian. This section does not apply to action authorized by Subsection (a) of this section. (Ord. 26024)

ARTICLE III. CARE AND TREATMENT OF ANIMALS.


SEC. 7-3.1.     PROPER RESTRAINT.
 

(a)     An owner of an animal commits an offense if he fails to restrain the animal at all times in a fenced yard, in an enclosed pen or structure, or by a tether or leash.

(b)     No animal may be restrained by a tether or leash unless the animal is in the immediate possession of and accompanied by the animal's owner.

(c)     It is a defense to prosecution under Subsection (a) that the animal was:

(1)     a dog in an off-leash site established under Section 32-6.1 of this code; or

(2)     a feral cat participating in a trap, neuter, and return program approved by the director.

(d)     It is a defense to prosecution under Subsection (b) that the animal was a dog and was tethered:

(1)     in a manner complying with Section 7-4.7 of this chapter; and

(2)     for a reasonable period of time, not to exceed three hours in a 24-hour period, and no longer than necessary for the owner to complete a temporary task that required the dog to be restrained.  (Ord. Nos. 26024; 27250)

SEC. 7-3.2.     SANITARY CONDITIONS; MAINTENANCE  OF  PREMISES.

(a)     An owner of an animal commits an offense if he fails to:

(1)     keep any cage, pen, enclosure, or other area in which the animal is kept in a sanitary condition; or

(2)     remove all animal excreta from the cage, pen, enclosure, or other area in which the animal is kept as often as necessary to maintain a healthy environment.

(b)     A person commits an offense if he permits any yard, ground, premises, or structure belonging to, controlled by, or occupied by him to become nauseating, foul, offensive, or injurious to the public health or unpleasant and disagreeable to adjacent residents or persons due to the accumulation of animal excreta. (Ord. 26024)

SEC. 7-3.3.     TRAPPING ANIMALS.

(a)     A person commits an offense if he uses, places, sets, or causes to be set in the city any steel jaw trap, spring trap with teeth or perforated edges on the holding mechanism, or any type of trap with a holding mechanism designed to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the entrapped animal.

(b)     It is a defense to prosecution under Subsection (a) that the trap was:

(1)     specifically designed and used to kill common rodents such as rats and mice, and the trap was not placed in a manner or location that would endanger other animals or humans; or

(2)     specifically designed to kill and was used under the direction of the city public health officer, the city environmental health officer, or an agent of another governmental entity authorized by the director to trap in the city. (Ord. 26024)

SEC. 7-3.4.     UNLAWFUL PLACEMENT OF POISONOUS SUBSTANCES.

(a)     In this section, POISONOUS SUBSTANCE means any chemical or synthetic substance or bait, including but not limited to antifreeze, that is deemed harmful to domestic animals.

(b)     A person commits an offense if he knowingly places a poisonous substance so that it is accessible to a domestic animal.

(c)     It is a defense to prosecution under Subsection (b) that the poisonous substance was placed:

(1)     pursuant to an animal control program under the direction of the director, the city public health officer, or the city environmental health officer; or

(2)     to control common rodents such as rats and mice.  (Ord. 27250)

SEC. 7-3.5.     TRANSPORTING AN ANIMAL IN AN OPEN BED OF A MOTOR VEHICLE.

(a)     A person commits an offense if he carries or transports an animal within the open bed of any moving pickup, flatbed, or similar vehicle.

(b)     It is a defense to prosecution under this section that the animal was in a carrier or other device sufficient to keep the animal from falling from the vehicle. (Ord. 26024)

ARTICLE IV. SPECIFIC REQUIREMENTS FOR DOGS AND CATS.


SEC. 7-4.1.     VACCINATION OF DOGS AND CATS.

(a)     An owner of a dog or cat commits an offense

(1)     the dog or cat is not currently vaccinated;

(2)     the dog or cat is not wearing a collar or harness with a current rabies tag securely attached to it; or

(3)     the owner fails to show a current certificate of vaccination and rabies tag for the dog or cat upon request by the director or a peace officer.

(b)     It is a defense to prosecution under Subsection (a) that the dog or cat is:

(1)     under four months of age; or

(2)     unable to be vaccinated due to health reasons as verified by a licensed veterinarian.

(c)     A licensed veterinarian who vaccinates a dog or cat for rabies shall issue to the owner of the animal a current rabies tag and a certificate of vaccination and send a copy of the certificate of vaccination to the director by the 10th day of the month following the month in which the dog or cat was vaccinated.  The certificate of vaccination must contain the following information:

(1)     name, address, and telephone number of the owner

(2)     animal identification, including species, sex, age, size (pounds), predominant breed, and color;

(3)     vaccine used (including whether it is a one- year or three-year rabies vaccine), producer, expiration date, and serial number;

(4)     date vaccinated and expiration date of the certificate of vaccination;

(5)     rabies tag number; and

(6)     veterinarian's signature and license number. (Ord. 26024)

SEC. 7-4.2.     REGISTRATION OF DOGS AND CATS.

(a)     An owner of a dog or cat commits an offense if:

(1)     the dog or cat is not currently registered with the city under this article;

(2)     the dog or cat is not wearing a collar or harness with a current registration tag issued by the director or an authorized registrar securely attached to it; or

(3)     the owner fails to show a current registration receipt and registration tag for the dog or cat upon request by the director or a peace officer.

(b)     It is a defense to prosecution under Subsection (a) that:

(1)     the dog or cat was under four months of age;

(2)     the dog or cat was being held for sale by a retail pet store or for adoption by animal services or an animal welfare organization; or

(3)     the owner of the dog or cat has resided in the city less than 30 days.

(c)     To obtain a registration receipt and registration tag for a dog or cat, the owner must present the dog's or cat's current certificate of vaccination (or proof that the dog or cat was not vaccinated due to health reasons as verified by a licensed veterinarian) to the director or an authorized registrar and pay to the director or authorized registrar the annual registration fee. No refund of the annual registration fee will be made.

(d)     The annual registration fee is:

(1)     $7 for a spayed or neutered dog or cat; and

(2)     $30 for an unspayed or unneutered dog or cat; only an animal described in Section 7-4.10(b) may be registered as an unspayed or unneutered dog or cat.

(e)     No fee is required for the registration of a dog or cat that is:

(1)     used as a service animal; or

(2)     spayed or neutered and owned by and residing with a person who is over 65 years of age, except that no more than three dogs, cats, or combination of dogs and cats may be registered under this paragraph.

(f)     Upon presentation of a current certificate of vaccination (or proof that the dog or cat was not vaccinated due to health reasons as verified by a licensed veterinarian) and upon payment of the appropriate registration fee or submission of proof of exemption from the fee under Subsection (e), the director or authorized registrar will issue a registration receipt and registration tag to the owner that will be valid for one year after the date of issuance. The registration tag must indicate the year of registration, whether the animal is sterilized or unsterilized, and such other information as determined by the director.

(g)     If the director does not receive payment of the initial registration fee for a dog or cat within 45 days after notifying the owner to register the dog or cat, a $10 late fee will be added to the registration fee.  If the director does not receive an application for renewal of a registration within 45 days after the expiration of the registration, a $10 late fee will be added to the registration fee.

(h)     The registration receipt and registration tag are specific to the animal for which they were issued and are not transferable to another animal.

(i)     If a registration tag is lost or mutilated, a duplicate registration tag may be purchased from the director or an authorized registrar for a fee of $5.  (Ord. Nos. 26024; 27250)

SEC. 7-4.3.     REVOCATION AND DENIAL OF REGISTRATION.
    

(a)     If, within any 12-month period, a person commits two or more violations of this chapter involving a dog or cat, the director may revoke the existing registrations on all dogs and cats owned by that person and deny all applications for registration of any dog or cat by that person.

(b)     If the director revokes or denies the registration of a dog or cat, a written notice of the action and of the right to an appeal must be given to the owner of the dog or cat by personal service or by certified mail, return receipt requested. The owner may appeal the decision of the director to the permit and license appeal board in accordance with Section 2-96 of this code. The filing of a request for an appeal hearing stays an action of the director in revoking or denying registration until the permit and license appeal board makes a final decision.

(c)     Within 15 calendar days after receipt of a notice of revocation or denial of registration, or after a final decision of the permit and license appeal board if an appeal is filed, the owner shall remove and relocate all dogs and cats from his premises or surrender and forfeit ownership of them to the director. The director or the permit and license appeal board may extend the 15-calendar-day removal and relocation period up to an additional 15 calendar days if it is determined that all dogs and cats of the owner cannot reasonably be removed and relocated from the premises within the initial period and no immediate threat to the public health exists. The owner shall demonstrate to the director proof of removal and relocation by furnishing the director with the address to which each dog or cat was relocated and by:

(1)     allowing the director to inspect the premises of the owner to determine that all dogs and cats have been removed from those premises; or

(2)     providing the director with a written, sworn affidavit stating that all dogs and cats have been removed from the premises.

(d)     A person who has had the registration of a dog or cat revoked or denied under this section may not apply for registration of any dog or cat until 12 consecutive months have elapsed after the date of registration revocation or denial without the person committing any violation of this chapter involving a dog or cat.

(e)     A person commits an offense if he:

(1)     owns any dog or cat within the city during a period when he is prohibited under Subsection (d) from applying for registration of a dog or cat; or

(2)     fails to remove all dogs and cats from his premises when required by this section. (Ord. 26024)

SEC. 7-4.4.     AUTHORIZED REGISTRARS.

(a)     The director may, upon receipt of an application on a form provided for that purpose, designate a person as an authorized registrar to collect the annual registration fee and issue a registration receipt and registration tag for a dog or cat.  The director may, at his sole discretion and without cause, deny or revoke the designation of any person to act as an authorized registrar.

(b)     An authorized registrar shall not register a dog or cat without proof that the animal is currently vaccinated or proof that the dog or cat was not vaccinated due to health reasons as verified by a licensed veterinarian.

(c)     An authorized registrar may, as a service charge, be paid $1 for each dog or cat registration fee collected by the authorized registrar.

(d)     The director shall provide an authorized registrar with registration receipts, registration tags, and monthly report forms. An authorized registrar must at all times be able to account for all registration receipts and tags issued to the authorized registrar by the director.

(e)     The director shall establish rules and procedures for the collection and payment of registration fees by authorized registrars and a format for monthly report forms to be used by authorized registrars.

(f)     Registration fees collected by an authorized registrar must be sent to the director, along with a properly completed monthly report form, by the end of the month following the month in which the registration fees were collected.

(g)     An authorized registrar who fails to comply with any requirement of this section or with any rule or procedure for the collection and payment of registration fees and the delivery of monthly report forms as established by the director pursuant to this section forfeits the right to be paid a service charge and may be issued a citation for a violation of this section. (Ord. 26024)

SEC. 7-4.5.     SALE OF DOGS AND CATS.
    

(a)     A person commits an offense if he sells, exchanges, barters, gives away, or transfers, or offers or advertises for sale, exchange, barter, give away, or transfer, a dog or cat four months of age or older unless:

(1)     the dog or cat is currently vaccinated or cannot be vaccinated due to health reasons as verified by a licensed veterinarian; and

(2)     the person has a current registration receipt and registration tag for the dog or cat.

(b)     It is a defense to prosecution under Subsection (a) if the person is:

(1)     animal services;

(2)     an animal welfare organization; or

(3)     an animal adoption agency. (Ord. 26024)

SEC. 7-4.6.     LIMITATION ON THE NUMBER OF DOGS AND CATS IN DWELLING UNITS.

(a)     In this section, DWELLING UNIT has the meaning given it in Section 51A-2.102 of the Dallas Development Code, as amended.

(b)     A person commits an offense if he harbors more than four dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares a common wall with another dwelling unit.

(c)     A person commits an offense if he harbors more than:

(1)     six dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares no common wall with another dwelling unit and that is located on not more than one-half acre of land; or

(2)     eight dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares no common wall with another dwelling unit and that is located on more than one-half acre of land.

(d)     In determining the number of dogs or cats harbored on the premises of a dwelling unit under Subsections (b) and (c) of this section, the director shall not count any dog or cat under six months of age or any feral cat participating in a trap, neuter, and return program approved by the director.

(e)     It is a defense to prosecution under Subsection (c) that:

(1)     the person:

(A)     was approved by the director as a foster care provider under a foster care program sponsored by animal services or an animal welfare organization;

(B)     was not fostering more dogs, cats, or any combination of dogs and cats on the premises than approved by the director based on the type and size of the animals, the size of the premises, the location of the premises, the facilities located on the premises, and other factors established by the director; and

(C)     had on file with the director a written document (on a form provided by the director for that purpose) authorizing the director to conduct unannounced inspections of the premises and all animals located on the premises to ensure that the person was complying with all applicable provisions of this chapter, which document must be signed and acknowledged before a notary public by the legal owner of the dwelling unit and at least one occupant of the dwelling unit who is 18 years of age or older; or

(2)     the person:

(A)      on June 25, 2008, was the owner of, and was harboring on the premises of the dwelling unit, more than six dogs, cats, or any combination of dogs and cats.

(B)     before September 25, 2008, provided information to the director (on a form provided by the director for that purpose) relating to each dog or cat harbored on the premises of the dwelling unit;

(C)     harbored no additional dogs or cats on the premises of the dwelling unit on or after June 25, 2008; and

(D)     was in compliance with all other requirements of this chapter applicable to dogs and cats.  (Ord. Nos. 26024; 27250)

SEC. 7-4.7.     TETHERED DOGS.

(a)     An owner of a dog commits an offense if he tethers the dog or allows the dog to be tethered in any manner or by any method that:

(1)     allows the dog to leave the premises owned, leased, or occupied by the dog's owner;

(2)     allows the dog to become entangled;

(3)     does not allow the dog access to food, water, and appropriate shelter if outside; or

(4)     does not meet the requirements for tethering a dog under Subsection (b) of this section.

(b)     The following requirements apply to a dog tethered within the city:

(1)     The dog must be properly fitted with and wearing a harness or collar made of leather or nylon.

(2)     The tether must be attached to the dog's harness or collar and not directly to the dog's neck.

(3)     The tether must be at least 10 feet long.  (Ord. Nos. 26024; 27250)

SEC. 7-4.8.     DEFECATION OF DOGS ON PUBLIC AND PRIVATE PROPERTY; FAILURE TO CARRY MATERIALS AND IMPLEMENTS FOR THE REMOVAL AND DISPOSAL OF DOG EXCRETA.
    

(a)     An owner of a dog commits an offense if he knowingly permits, or by insufficient control allows, the dog to defecate in the city on private property or on property located in a public place.

(b)     An owner of a dog commits an offense if he:

(1)     knowingly permits the dog to enter or be present on private property or on property located in a public place; and

(2)     fails to have in his possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property.

(c)     It is a defense to prosecution under Subsection (a) that the owner of the dog immediately and in a sanitary and lawful manner removed and disposed of, or caused the removal and disposal of, all excreta deposited on the property by the dog.

(d)     It is a defense to prosecution under Subsection (a) or (b) that:

(1)     the property was owned, leased, or controlled by the owner of the dog;

(2)     the owner or person in control of the property had given prior consent for the dog to defecate on the property; or

(3)     the dog was a service dog being used in official law enforcement activities.

(e)     This section does not apply to a service dog that is specially trained to assist a person with a disability and that was in the custody or control of that disabled person at the time it defecated or was otherwise present on private property or on property located in a public place.  (Ord. 26024)

SEC. 7-4.9.     CONFINEMENT REQUIREMENTS FOR DOGS KEPT OUTDOORS.
    

(a)     An owner of a dog commits an offense if the fenced yard, or other outdoor pen or structure, used as the primary living area for the dog or used as an area for the dog to regularly eat, sleep, drink, and eliminate is not:

(1)     at least 150 square feet for each dog six months of age or older;

(2)     designed, constructed, and composed of material sufficient to prevent the dog's escape; and

(3)     designed in a manner that provides the dog access to the inside of a doghouse, building, or shelter that meets all requirements of Subsection (b) of this section.

(b)     A doghouse or other building or shelter for a dog must:

(1)     have a weatherproof top, bottom, and sides;

(2)     have an opening on no more than one side that allows the dog to remain dry and provides adequate shade during daylight hours to prevent overheating or discomfort to the dog;

(3)     have a floor that is level and dry;

(4)     be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests;

(5)     be of adequate size to allow the dog to stand erect with the dog's head up, to turn around easily, and to sit and lie down in a comfortable and normal position;

(6)     have sufficient clean and dry bedding material or other means of protection from the weather that will allow the dog to retain body heat when the weather is colder than what a dog of that breed and condition can comfortably tolerate;

(7)     provide a suitable means for the prompt elimination of excess liquid;

(8)     be structurally sound, maintained in good repair, and constructed with material that protects the dog from injury; and

(9)     allow the dog easy access in and out.  (Ord. 27250, sec. 7-4.9 eff. 9-25-08)

SEC. 7-4.10.     RESTRICTIONS ON UNSTERILIZED DOGS AND CATS.
    

(a)     An owner of a dog or cat commits an offense if the animal is not spayed or neutered.

(b)     It is a defense to prosecution under Subsection (a) that:

(1)     the animal is under six months of age;

(2)     a licensed veterinarian certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile:

(3)     the animal is being held for sale by a retail pet store or for adoption by animal services or an animal welfare organization;

(4)     the animal is a competition cat or competition dog;

(5)     the animal is a service animal; or

(6)     the owner holds a valid intact animal permit issued under Section 7-4.11 of this chapter for the animal.  (Ord. 27250, sec. 7-4.10 eff. 10-25-08)

SEC. 7-4.11.     INTACT ANIMAL PERMIT.
 

(a)     A person commits an offense if he breeds a dog or cat without a valid intact animal permit for the dog or cat.  A separate permit is required for each dog or cat that the person keeps unsterilized for breeding purposes.

(b)     An intact animal permit may only be issued for a dog or cat:

(1)     that is currently in compliance with the vaccination requirements of Section 7-4.1 of this chapter;

(2)     that is currently in compliance with the registration requirements of Section 7-4.2 of this chapter;

(3)     that is injected with a microchip implant and registered with a national registry for purposes of identification and/or recovery of the animal by its owner, unless a licensed veterinarian certifies that the dog or cat should not be injected with a microchip implant for health reasons;

(4)     whose owner:

(A)     is a member of a purebred dog or cat club, approved by the director, that maintains and enforces a code of ethics for breeding that includes restrictions on breeding dogs and cats with genetic defects and life threatening health problems common to the breed; or

(B)     has, at the owner's expense, satisfactorily completed a course on responsible pet ownership offered by the city or otherwise approved by the director.

(c)     To obtain an intact animal permit, a person must submit an application to the director (on a form provided by the director for that purpose) and pay an annual intact animal permit fee of $70. The intact animal permit application must include:

(1)     the name, address, and telephone number of the applicant;

(2)     the location where the dog or cat is harbored;

(3)     a description of the dog or cat;

(4)     proof that the animal is qualified for an intact animal permit under Subsection (b) of this section; and

(5)     any other information determined necessary by the director for the enforcement and administration of this section.

(d)     An intact animal permit expires one year after the date of issuance and may be renewed by applying in accordance with Subsection (c) of this section. If the director does not receive an application for a permit renewal within 45 days after the expiration of the permit, a $10 late fee will be added to the permit fee.

(e)     An intact animal permit is not transferable.

(f)     A permittee commits an offense if he allows a permitted female dog or cat to have more than one litter during the permit term.

(g)     It is a defense to prosecution under Subsection (f) that the permittee:

(1)      received written authorization from the director under Subsection (h) of this section to allow the female dog or cat to have two litters during the permit term; and

(2)     did not allow the female dog or cat to have more than the number of litters authorized by the director for the permit term

(h)      Upon request of a permittee, the director may, in writing, authorize the permittee to allow a permitted female dog or cat to have two litters during the permit term if the permittee establishes, according to regulations adopted by the director, that:

(1)     having two litters during the permit term is required to:

(A)     protect the health of the female dog or cat; or

(B)     avert a substantial economic loss to the permittee; or

(2)     previously in the permit term, the female dog's or cat's litter was euthanized or did not survive for other reasons.

(i)     A permittee commits an offense if the permittee:

(1)     allows the offspring of a female dog or cat for which he holds an intact animal permit to be sold, adopted, or otherwise transferred, regardless of compensation, before the offspring have reached at least eight weeks of age and have been vaccinated against common diseases;

(2)     fails to prominently display the intact animal permit number on any advertisement by the permittee for the sale, adoption, or other transfer of any dog or cat, regardless of compensation; or

(3)      sells, adopts, or otherwise transfers any dog or cat, regardless of compensation and fails to:

(A)      include a statement signed by the permittee attesting to knowledge of the animal's health and immunization history;

(B)     prominently display the intact animal permit number on any sales receipt or transfer document;

(C)     provide the intact animal permit number to any person who purchases, adopts, or receives any dog or cat from the permittee;

(D)     provide written information regarding the vaccination, registration, and sterilization requirements of this chapter applicable to the dog or cat; or

(E)     provide to the director (on a form provided by the director for that purpose) the name, address, and telephone number of the dog's or cat's new owner within five days after the date of the sale, adoption, or other transfer of the animal.

(j)     The director shall deny or revoke an intact animal permit if the director determines that the applicant or permittee:

(1)     failed to comply with any provision of this chapter; or

(2)      intentionally made a false statement as to a material matter on the intact animal permit application.

(k)      If the director denies or revokes an intact animal permit, the director shall notify the applicant or permittee in writing of the action and a statement of the right to an appeal.  The applicant or permittee may appeal the decision of the director to the permit and license appeal board in accordance with Section 2-96 of this code.  The filing of an appeal stays an action of the director in revoking the permit until the permit and license appeal board makes a final decision.  (Ord. 27250, sec. 7-4.11 eff. 10-25-08)

SEC. 7-4.12.     DUTY TO LOCATE OWNERS OF STRAY DOGS.
   

A person commits an offense if he takes possession of a stray dog in the city and knowingly fails to make, within 72 hours after taking possession, a reasonable effort to locate the dog's owner by:

(1)     calling the telephone number listed on the dog's tags;

(2)     taking the dog to a licensed veterinarian for a microchip, tattoo, or other identification screening and calling the owner identified through the screening;

(3)     calling 311 to request that animal services pick up the dog for identification screening and impoundment; or

(4)     delivering the dog to the city's animal shelter for identification screening and impoundment.  (Ord. 27888)

ARTICLE V. DANGEROUS DOGS.


SEC. 7-5.1.     DEFINITIONS.
    

(a)     Except where a term is otherwise defined in Subsection (b) of this section, the definitions contained in Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are incorporated into this article by refer

(b)     In this article:

(1)     BODILY INJURY means physical pain, illness, or any impairment of physical condition.

(2)     DANGEROUS DOG means a dog that:

(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; or

(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.

(3)     SERIOUS BODILY INJURY means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

(4)     UNPROVOKED means an action by a dog that is not:

(A)     in response to being tormented, abused, or assaulted by any person;

(B)     in response to pain or injury;

(C)     in protection of itself or its food, kennel, immediate territory, or nursing offspring; or

(D)     in response to an assault or attempted assault on a person.  (Ord. Nos. 26024; 27250)

SEC. 7-5.2.     STATE LAW; ANIMAL CONTROL AUTHORITY.
    

(a)     The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are incorporated into this article, and a violation of any provision of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, is an offense under this article.

(b)     The director shall serve as the animal control authority for the city for purposes of administering and enforcing this article and Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended.

(c)     Seizure, impoundment, and humane destruction of a dog that has caused death or serious bodily injury to a person is governed by Subchapter A, Chapter 822 of the Texas Health and Safety Code, as amended. (Ord. Nos. 26024; 27250)

SEC. 7-5.3.     DETERMINATION AS A DANGEROUS DOG.
    

(a)     Upon receipt of a sworn, written complaint by any person of an incident described in Section 7-5.1(b)(2)(A) or (B) of this article, the director shall investigate and conduct a hearing to determine if a dog is dangerous.  The hearing must be conducted within 30 days after receipt of the complaint.

(b)     The director shall provide notice of the date, time, and location of a hearing to the dog owner, either in person or by certified mail, return receipt requested, and to the complainant by regular mail.  A hearing must be conducted not less than 10 days after notice has been mailed or delivered to the dog owner.  At a hearing, all interested persons will be given the opportunity to present evidence on the issue of the dog's dangerousness.

(c)     If a dog has caused bodily injury to any person, the director may seize and impound the dog at the owner's expense pending the hearing and a determination of whether the dog is a dangerous dog.  If the director cannot, with due diligence, locate the owner of the dog that has been seized under this subsection, the director shall impound the dog.  If the owner of the dog has not been located before the 15th day after seizure and impoundment, the director may order the dog to be humanely destroyed.  If, during the time the dog is impounded, the owner claims the dog, the owner shall be served with notice of a hearing as provided in Subsection (b) of this section.

(d)     At the conclusion of a hearing required by this section, the director shall:

(1)     determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner;

(2)     determine that the dog is dangerous and order the owner to comply with the requirements for ownership of a dangerous dog set forth in Section 7-5.5 of this article and in Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, and, if the dog is impounded, release the dog to its owner after compliance with all applicable requirements of Subsection (f) of this section; or

(3)     determine that the dog is dangerous and order the owner to permanently remove the dog from the city within a designated period of time.

(e)     If a dog is determined to be dangerous, the director shall notify the dog owner, either in person or by certified mail, return receipt requested:

(1)     that the dog has been determined to be a dangerous dog;

(2)     whether the dog must be permanently removed from the city and the date by which the dog must be removed;

(3)      what the owner must do to comply with requirements for ownership of a dangerous dog that is allowed to remain in the city and to reclaim the dog, if impounded; and

(4)     that the owner has a right to appeal the determination of dangerousness or any order to remove the dog from the city.

(f)     An impounded dog determined by the director to be dangerous must remain impounded, or confined at a location approved by the director, and will not be released to the owner until the owner pays all fees incurred for impoundment of the dog and:

(1)     if and while the dog is allowed to remain in the city, complies with all requirements for ownership of a dangerous dog set forth in this article and Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended; or

(2)     if the dog is ordered permanently removed from the city, provides the director, in writing, with the street address, telephone number, and name of the person in control of the location outside of the city where the dog will be relocated or other evidence satisfactory to the director that the dog will be permanently removed from the city.   

(g)     If the owner of an impounded dog has not complied with Subsection (f) within 30 days after a final determination is made that an impounded dog is dangerous, the director may file a complaint in municipal court under Section 7-5.5 of this article. (Ord. Nos. 26024; 27250)

SEC. 7-5.4.     APPEALS.
    

If, under Section 7-5.3 of this article, the director determines that a dog is dangerous or orders a dangerous dog to be permanently removed from the city, that decision is final unless the dog owner files a written appeal with the municipal court within 15 days after receiving notice that the dog has been determined to be dangerous or ordered to be removed from the city.  The appeal standard is a substantial evidence review and is a civil proceeding for the purpose of affirming or reversing the director's determination of dangerousness or affirming, reversing, or modifying the director's removal order. If the municipal court allows a dangerous dog to remain in the city, the court shall order that the dog owner comply with the ownership requirements set forth in Section 7-5.5 of this article and may order additional conditions for maintaining ownership of a dangerous dog in the city. (Ord. Nos. 26024; 27250)

SEC. 7-5.5.     REQUIREMENTS FOR OWNERSHIP OF A DANGEROUS DOG; NONCOMPLIANCE HEARING.
   

(a)     In addition to complying with the requirements of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, a person shall, not later than the 30th day after learning that he is the owner of a dangerous dog:

(1)     have an unsterilized dangerous dog spayed or neutered;

(2)     register the dangerous dog with the director and pay to the director a dangerous dog registration fee of $50;

(3)     restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;

(4)     obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the director;

(5)     place and maintain on the dangerous dog a collar or harness with a current dangerous dog registration tag securely attached to it;

(6)     have the dangerous dog injected with a microchip implant and registered with a national registry for dogs; and

(7)     post a sign at each entrance to the enclosure in which the dangerous dog is confined stating "BEWARE DANGEROUS DOG."

(b)     The owner of a dangerous dog shall renew registration of the dangerous dog with the director annually and pay an annual dangerous dog registration fee to the director of $50.

(c)     The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the director not later than the 30th day after learning that the animal is dangerous.

(d)     The owner of a dangerous dog that has been ordered removed from the city shall relocate the dog to a place outside of the city within the time designated in the order.  Within five days after the expiration of the time ordered for the dog's removal, the owner shall provide the director with proof of the removal and relocation, or other disposition, of the dog.  Such proof must include the owner's written sworn affidavit stating:

(1)     that the dog is no longer located in the city; and

(2)     the name, street address, and telephone number of the person outside of the city in possession of the dog or the details of any other disposition of the dog.

(e)     Upon receipt of a sworn, written complaint by any person that the owner of a previously determined dangerous dog has failed to comply with Subsection (a) of this section or has failed to remove the dog from the city as required by order of the director or the municipal court, the municipal court shall conduct a hearing to determine whether the owner is in compliance with Subsection (a) or with an order of removal, whichever applies.  The hearing must be conducted within 30 days after receipt of the complaint, but, if the dog is already impounded, not later than 10 days after the date on which the dog was seized or delivered.  The municipal court shall provide, either in person or by mail, written notice of the date, time, and location of the hearing to the dog owner and to the complainant.  Any interested person may present evidence at the hearing.

(f)     At the conclusion of the hearing, the municipal court shall:

(1)     find that the owner of a dangerous dog is in compliance with Subsection (a) of this section or with an order of removal, whichever applies, and, if the dog is impounded, order the director to waive any impoundment fees incurred and release the dog to its owner; or

(2)     find that the owner of a dangerous dog is not in compliance with Subsection (a) of this section or with an order of removal, whichever applies, and order the director to seize and impound the dog (if the dog is not already impounded) and to:

(A)     humanely destroy the dog if the director determines that the owner has not complied with Subsection (a) of this section by the 11th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later, or release the dog to the owner if the director determines that the owner has complied with Subsection (a) before the 11th day;

(B)     release the dog to the owner if the director determines that the owner will permanently remove the dog from the city before the 11th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later, and reseize, impound, and humanely destroy the dog if the owner has not permanently removed the dog from the city by the 11th day; or

(C)     humanely destroy the dog if:

(i)     the director determines that the owner will not comply with Subsection (a) of this section by the 11th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later;

(ii)     the director determines that the owner will not permanently remove the dog from the city before the 11th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later; or

(iii)     the owner of the dog cannot be located before the 15th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later.

 (g)     The owner of the dangerous dog is responsible for all costs of seizure, acceptance, and impoundment, and all costs must be paid before the dog will be released to the owner.  (Ord. Nos. 26024; 27250)

SEC. 7-5.6.     ATTACKS BY DANGEROUS DOG; HEARING.
    

(a)     If a previously determined dangerous dog commits an act described in Section 7-5.1(b)(2)(A) or (B) of this article, the director may seize and impound the dangerous dog at the owner's expense pending a hearing before the municipal court in accordance with this section. 

(b)     Upon receipt of a sworn, written complaint by any person of an incident described in Section 7-5.1(b)(2)(A) or (B) of this article, the municipal court shall conduct a hearing to determine whether a dangerous dog committed an act described in Section 7-5.1(b)(2)(A) or (B) of this article. The hearing must be conducted within 30 days after receipt of the complaint, but, if the dog is already impounded, not later than 10 days after the date on which the dog was seized or delivered. The municipal court shall provide, either in person or by mail, written notice of the date, time, and location of the hearing to the dog owner and the complainant. Any interested person may present evidence at the hearing.

(c)     At the conclusion of the hearing, the municipal court shall:

(1)     find that the dangerous dog did not commit an act described in Section 7-5.1(b)(2)(A) or (B) of this article, and, if the dog is impounded, order the director to waive any impoundment fees incurred and release the dog to its owner;

(2)     find that the dangerous dog did commit an act described in Section 7-5.1(b)(2)(A) or (B) of this article, and order the director to seize and impound the dog (if the dog is not already impounded) and to:

(A)     humanely destroy the dog;

(B)     humanely destroy the dog if the director determines that the owner has not complied with Section 7-5.5(a) within a period of time designated by the court, or release the dog to the owner if the director determines that the owner has complied with Section 7-5.5(a) within the designated period of time;

(C)     release the dog to the owner if the director determines that the owner will permanently remove the dog from the city within a period of time designated by the court and reseize, impound, and humanely destroy the dog if the owner has not permanently removed the dog from the city within the designated period of time; or

(D)     humanely destroy the dog if the owner of the dog has not been located before the 15th day after the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later.

(d)     The owner of a dangerous dog is responsible for all costs of seizure, acceptance, and impoundment, and all costs must be paid before the dog will be released to the owner. (Ord. 27250)

SEC. 7-5.7.     PROHIBITION ON OWNING A DOG DETERMINED DANGEROUS BY ANOTHER JURISDICTION.
    

(a)     A person commits an offense if he owns a dog in the city that has been determined to be a dangerous dog by any other jurisdiction.

(b)     It is a defense to prosecution under Subsection (a) that the person owned the dog in the city on June 25, 2008. (Ord. 27250)

SEC. 7-5.8.     SURRENDER OF A DANGEROUS DOG.
   

A person who owns a dog that has been ordered to be seized or impounded under this article commits an offense if the person does not surrender the dog to the director within the time period ordered by the director or the municipal court, whichever applies. (Ord. 27250)

SEC. 7-5.9.     DANGEROUS DOG OWNED OR HARBORED BY MINOR.
    

If the owner of a dangerous dog is a minor, the parent or guardian of the minor is liable for all injuries sustained by any person or another animal in an unprovoked attack by the dog. (Ord. Nos. 26024; 27250)

SEC. 7-5.10.     DEFENSES.
    

Any defense to prosecution under Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, is a defense to prosecution for a violation under this article. (Ord. Nos. 26024; 27250)

ARTICLE VI. PROHIBITED AND REGULATED ANIMALS.


SEC. 7-6.1.     PROHIBITED ANIMALS.
    

(a)     A person commits an offense if he:

(1)     owns a prohibited animal for any purpose in the city; or

(2)     sells, exchanges, gives away, or transfers a prohibited animal to any person in the city for use, retention, resale, or transfer as a pet or as a human's companion.

(b)     It is a defense to prosecution under Subsection (a)(1) that the person is:

(1)     a federal, state, county, or municipal agency or an agent of such an agency acting in an official capacity that:

(A)     has all required state and federal licenses and permits; and

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal;

(2)     a research facility licensed by the United States Secretary of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, that:

(A)     has all required state and federal licenses and permits;

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(C)     has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the facility and specifying the location where each animal is kept;

(3)     an organization that is an accredited member of the American Zoo and Aquarium Association that:

(A)     has all required state and federal licenses and permits;

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(C)     has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the organization and specifying the location where each animal is kept;

(4)     transporting an injured, infirm, orphaned, or abandoned prohibited animal for care or treatment, if the person:

(A)     has all required state and federal licenses and permits; and

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal;

(5)     a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43 of the Parks and Wildlife Code, as amended, who is temporarily treating or caring for a sick or injured prohibited animal, if the veterinarian, humane society, animal shelter, or rehabilitator:

(A)     has all required state and federal licenses and permits; and

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal;

(6)     a transient circus company not based in the State of Texas, if:

(A)     the prohibited animal is used as an integral part of the circus performances;

(B)     the animal is kept within the city only during the time the circus is performing in the city; and

(C)     the circus:

(i)     has all required state and federal licenses and permits;

(ii)     is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(iii)     has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the circus and specifying the location where each animal is kept;

(7)     a television or motion picture production company that has temporary custody or control of the prohibited animal during the filming of a television or motion picture production in the city, if the production company:

(A)     has all required state and federal licenses and permits;

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(C)     has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the production company and specifying the location where each animal is kept;

(8)     a college or university that owns and has possession, custody, or control of the prohibited animal solely as a mascot for the college or university, if the college or university:

(A)     has all required state and federal licenses and permits;

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(C)     has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the college or university and specifying the location where each animal is kept;

(9)     transporting the prohibited animal in interstate commerce in compliance with the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, and any regulations adopted under that act, if the person:

(A)     has all required state and federal licenses and permits; and

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the prohibited animal;

(10)     a person whose only business is to supply nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the United States Secretary of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, if:

(A)     the prohibited animal is a nonhuman primate owned by and in the custody and control of the person;

(B)     the person has all required state and federal licenses and permits;

(C)     the person is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(D)     the person has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the person and specifying the location where each animal is kept;

(11)     a participant in a species survival plan of the American Zoo and Aquarium Association for the species of prohibited animal owned by or in the possession, control, or custody of the person, if:

(A)     the prohibited animal is an integral part of the species survival plan;

(B)     the person has all required state and federal licenses and permits;

(C)     the person is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(D)     the person has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the person and specifying the location where each animal is kept; or

(12)     exhibiting a prohibited animal (other than a dangerous wild animal as defined in Section 822.101 of the Texas Health and Safety Code, as amended) at the State Fair of Texas or at a special event conducted with written permission of the city, if the person:

(A)     has all required state and federal licenses and permits;

(B)     is in compliance with all federal, state, and city laws or regulations applicable to the animal; and

(C)     has on file with the director, on a form provided for that purpose, a current list describing all prohibited animals kept in the city by the person and specifying the location where each animal is kept. (Ord. 26024)

SEC. 7-6.2.     REGULATED ANIMALS.
    

(a)     A person commits an offense if he owns a regulated animal for any purpose in the city without holding a valid regulated animal permit issued for the animal under this section.

(b)     All defenses set forth in Section 7-6.1(b) relating to prohibited animals are defenses to prosecution under Subsection (a) of this section when applied to regulated animals.

(c)     A regulated animal permit may be issued only to a person who is in the business of exhibiting one or more regulated animals to the public and who:

(1)     has all required state and federal licenses and permits; and

(2)     is in compliance with all federal, state, and city laws or regulations applicable to the regulated animal.

(d)     Regulated animal permits are classified as follows:

(1)     Annual regulated animal permit. Possession of an annual regulated animal permit is required to keep a regulated animal in the city for more than 10 days within any calendar year. The permit is valid for one year after the date of issuance, unless sooner revoked by the director, and may be renewed by filing an application in accordance with this section.

(2)     Temporary regulated animal permit. Possession of a temporary regulated animal permit is required to keep a regulated animal in the city for not more than 10 days within any calendar year.  The permit is valid for a period designated by the director not to exceed 10 days.

(e)     The fees for a regulated animal permit are as follows:

          Type of Permit                    Fee

          (1)     Annual                         $500

          (2)     Temporary                    $100

(f)     A regulated animal permit is nontransferable, and the permit fee is nonrefundable.

(g)     An applicant for a regulated animal permit shall file an application with the director on a form provided for that purpose. The application must include:

(1)     the name, address, and telephone number of the applicant;

(2)     a complete identification of each regulated animal kept in the city, including species, sex, age (if known), and any distinguishing marks or coloration that would aid in the identification of the animal;

(3)     the exact location where each regulated animal is to be kept; and

(4)     any other information the director determines necessary to the enforcement and administration of this section.

(h)     An application for a regulated animal permit must be accompanied by:

(1)     the applicable regulated animal permit fee set forth in Subsection (e) of this section;

(2)     proof, in a form acceptable to the director, that the applicant has the liability insurance required in Subsection (i) of this section; and

(3)     if the applicant holds a Class "A" or Class "B" dealer's license or a Class "C" exhibitor's license issued by the United States Secretary of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, a clear and legible photocopy of the license.

(i)     An owner of a regulated animal shall maintain liability insurance acceptable to the city, in an amount of not less than $100,000 for each occurrence, that provides coverage for any damage to or destruction of property, and for any death or bodily injury to a person, caused by the regulated animal.

(j)     An owner of a regulated animal shall, at all reasonable times, allow the director or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the animal's enclosure, and the owner's records relating to the animal to ensure compliance with this section.

(k)     An owner of a regulated animal may not permanently relocate the animal to another location in the city unless the owner first notifies the director in writing of the exact location to which the animal will be relocated.

(l)     Within 10 days after the death, sale, or other disposition of a regulated animal, the owner of the animal shall notify the director in writing of that event.

(m)     An owner of a regulated animal shall immediately notify the director of any attack on a human by the animal and of any escape by the animal.

(n)     An owner of a regulated animal that escapes is liable for all costs incurred in apprehending and confining the animal. The city, animal services, and any law enforcement agency (and their employees and agents) are not liable to an owner of a regulated animal for damages arising in connection with the escape of the animal, including any liability for damage, injury, or death caused by the animal during or after its escape, or for injury to or death of the animal resulting from the apprehension or confinement of the animal after its escape.

(o)     The director may establish caging requirements and standards for the keeping and confinement of a regulated animal to ensure that the animal is kept and confined in a manner that:

(1)     protects and enhances the public's health and safety;

(2)     prevents escape by the animal; and

(3)     provides a safe, healthy, and humane environment for the animal.
(p)     An owner of a regulated animal shall keep and confine the animal in accordance with the caging requirements and standards established by the director.

(q)     For each regulated animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, and with regulations adopted under that Act relating to:

(1)     facilities and operations;

(2)     animal health and husbandry; and

(3)     veterinary care.

(r)     An owner of a regulated animal commits an offense if he fails to comply with this section.  Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.

(s)     The director shall deny issuance or renewal of a regulated animal permit if the applicant:

(1)     makes a false statement of material fact on an application for a regulated animal permit;

(2)     is not in compliance with this section or Article III of this chapter;

(3)     is not in compliance with any conditions of the permit or any rules established by the director relating to the regulated animal;

(4)     has had a regulated animal permit revoked by the director within the preceding 12 months; or

(5)     intentionally or knowingly impeded a lawful inspection by the director or the director's authorized representative.

(t)     The director shall revoke a regulated animal permit if the director determines that the permit holder has:

(1)     made a false statement of material fact on an application for a regulated animal permit;

(2)     violated a provision of this section or Article III of this chapter;

(3)     violated a condition of the permit or a rule established by the director relating to the regulated animal; or

(4)     intentionally or knowingly impeded a lawful inspection by the director or the director's authorized representation

(u)     If the director refuses to issue or renew a regulated animal permit, or revokes a regulated animal permit, the director shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of the action, including the reason for the action, and a statement of the right to an appeal.  The applicant or permit holder may appeal the decision of the director to a permit and license appeal board in accordance with Section 2-96 of this code.  The filing of a request for an appeal hearing with the permit and license appeal board stays an action of the director in revoking a permit until the permit and license appeal board makes a final decision. (Ord. 26024)

ARTICLE VII. MISCELLANEOUS.


SEC. 7-7.1.     INTERFERENCE WITH AN ANIMAL SERVICES OFFICER.
    

A person commits an offense if he interferes with, hinders, or molests any employee or agent of animal services in the performance of official duties. (Ord. 26024)

SEC. 7-7.2.     SALE OF ANIMALS FROM PUBLIC PROPERTY.     

(a)     A person commits an offense if he sells, exchanges, barters, or gives away, or offers to sell, exchange, barter, or give away, any animal from:

(1)     any public property; or

(2)     any property to which the public has access that does not have a valid certificate of occupancy allowing the sale of animals on the property.

(b)     It is a defense to prosecution under Subsection (a) that the person is:

(1)     animal services; or

(2)     an animal adoption agency. (Ord. 26024)

SEC. 7-7.3.     KEEPING OF ROOSTERS.

(a)     In this section, ROOSTER means the male of the domestic fowl.

(b)     A person commits an offense if he owns a live rooster on any premises within the city.

(c)     It is a defense to prosecution under Subsection (b) that the rooster is:

(1)     kept on premises upon which animal production is permitted under Section 51A-4.201 of the Dallas Development Code;

(2)     being exhibited at the State Fair of Texas or at a special event conducted with written permission of the city;

(3)     owned by a governmental entity or participating in a health, research, educational, or similar program conducted by a governmental entity;

(4)     owned by a medical, educational, or research institution operating in compliance with all city ordinances and state and federal laws; or

(5)     being held for slaughter in a slaughterhouse or meat packing plant operating in compliance with all city ordinances and state and federal laws.

(d)     A person who owns a live rooster commits an offense if he:

(1)     fails to confine the rooster at all times within an enclosure that is of sufficient height and strength to retain the rooster;

(2)     confines the rooster in an enclosure that is wholly or partially located less than 20 feet from any adjacent property line;

(3)     maintains the enclosure in which the rooster is confined in a manner that creates offensive odors, fly breeding, or any other nuisance or condition that is injurious to the public health, safety, or welfare; or

(4)     allows the rooster to violate the noise restrictions of Section 7-7.4 of this chapter.

(e)     For the purpose of calculating the distance requirement of Subsection (d)(2) of this section, the width of alleys, street rights-of-way, and other public rights-of-way will be used. The distance between a rooster enclosure and an adjacent property line must be measured in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the enclosure to the nearest property line. (Ord. 26024)

SEC. 7-7.4.     DISTURBANCE BY ANIMALS.
    

(a)     A person commits an offense if he knowingly owns an animal that unreasonably barks, howls, crows, or makes other unreasonable noise near a private residence.  Noise made by an animal is unreasonable under this subsection if the noise:

(1)     continues more than 15 consecutive minutes; or

(2)     exceeds the sound pressure level allowed in a residential district under the Dallas Development Code.

(b)     A person who is disturbed by an animal that unreasonably barks, howls, crows, or makes other unreasonable noise near a private residence may file a disturbance complaint with the director.  A disturbance complaint must include the name and address of the complainant, the location of the disturbance, the type of animal causing the disturbance, and the times that the animal is causing the disturbance.

(c)     The director shall mail to the animal's owner a notice that the disturbance complaint has been received.  A copy of the notice must be mailed to the complainant.

(d)     If, after receiving notice from the director that a disturbance complaint has been received, the owner continues to allow the animal to cause a disturbance:

(1)     the complainant may file a complaint, in writing, with the city attorney; or

(2)     the director may issue a citation to the owner for the violation of this section. (Ord. 26024)

SEC. 7-7.5.     VACCINATION OF FERRETS.
    

(a)     An owner of a ferret commits an offense if:

(1)     the ferret is not currently vaccinated; or

(2)     the owner fails to show a current certificate of vaccination and rabies tag for the ferret upon request by the director or a peace officer.

(b)     It is a defense to prosecution under Subsection (a) that the ferret is:

(1)     under four months of age; or

(2)     unable to be vaccinated due to health reasons as verified by a licensed veterinarian.

(c)     A licensed veterinarian who vaccinates a ferret for rabies shall issue to the owner of the ferret a current rabies tag and a certificate of vaccination and send a copy of the certificate of vaccination to the director by the 10th day of the month following the month in which the ferret was vaccinated. The certificate of vaccination must contain the following information:

(1)     name, address, and telephone number of the owner;

(2)     animal identification, including species, sex, age, size (pounds), predominant breed, and color;

(3)     vaccine used, producer, expiration date, and serial number;

(4)     date vaccinated and expiration date of the certificate of vaccination;

(5)     rabies tag number; and

(6)     veterinarian's signature and license number. (Ord. 26024)

SEC. 7-7.6.     ANIMALS AS PRIZES, PROMOTIONS, AND NOVELTIES.
A person commits an offense if he sells, exchanges, raffles, auctions, or gives away or offers to sell, exchange, raffle, auction, or give away any live animal as:

(1)      a prize;

(2)     an inducement to enter a place of amusement or a business establishment; or

(3)     an inducement to participate in a charitable fund- raising event. (Ord. 27250)

ARTICLE VIII. VIOLATIONS, PENALTIES, AND ENFORCEMENT.


SEC. 7-8.1.     VIOLATIONS; CRIMINAL AND CIVIL PENALTIES.

(a)     A person who violates a provision of this chapter, or who fails to perform an act required of him by this chapter, commits an offense.

(b)     A person violating a provision of this chapter commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.

(c)     The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.

(d)     Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed:

(1)     $2,000 if the provision violated governs public health or sanitation;

(2)     the amount fixed by state law if the violation is one for which the state has fixed a fine; or

(3)     $500 for all other offenses.

(e)     Unless specifically provided otherwise in this chapter or by state law, an offense under this chapter is punishable by a fine of not less than:

(1)     $50 for a first conviction of a violation of Section 7-2.6(f), 7-2.7(d), 7-3.1, 7-4.2(a), 7-4.5, 7-4.6, 7-4.8, 7-7.2, or 7-7.4(a).

(2)     $100 for a first conviction of a violation of Section 7-3.3, 7-4.1(a), 7-4.7, 7-4.10, 7-7.3, or 7-7.5(a); and

(3)     $150 for a first conviction of a violation of Section 7-2.4(b), 7-3.2, 7-4.3(e), 7-4.11, 7-6.1, 7-6.2, or 7-7.1.

(f)     The minimum fines established in Subsection (e) will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period.  At no time may the minimum fine exceed the maximum fine established in Subsection (d).  

(g)     Prosecution for an offense under Subsection (a) does not prevent the use of civil enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.

(h)     In addition to imposing a criminal penalty, the city may, in accordance with Section 54.012(5) of the Texas Local Government Code, bring a civil action against a person violating a provision of this chapter.  The civil action may include, but is not limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local Government Code not to exceed $1,000 for each day or portion of a day during which each violation is committed, continued, or permitted. (Ord. Nos. 26024; 27250)

SEC. 7-8.2.     ADDITIONAL ENFORCEMENT PROVISIONS.

In addition to imposing a monetary penalty against a person convicted of an offense under this chapter, a court may do one or more of the following:

(1)     Require the person, at the person's expense, to attend a responsible pet ownership program approved by the director.

(2)     Revoke any permit issued to the person under this chapter.

(3)     Order the impoundment of any animal owned by the person, forfeit the person's ownership of the animal, and award the animal to the city.

(4)     Suspend the person's right to own an animal in the city for a period of time as specified by the court.

(5)     Require the person to have any animal owned by the person spayed or neutered within a time period specified by the court.

(6)     Impose any other conditions or restrictions that would reasonably abate the violation for which the person was convicted. (Ord. 26024)

SEC. 7-8.3.     PARENT'S ULTIMATE RESPONSIBILITY.
    

If an animal is owned by a minor, the parent or guardian of the minor is responsible for all actions required of an owner in this chapter and shall be liable for any violations of this chapter by the minor. (Ord. 26024)

 

 

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