Releasing agency: Animal care and control center, animal shelter, or nonprofit organization engaged in caring for animals. Replacement license: A license issued to the new owner of a dog or cat which was currently licensed with the city at the time of the transfer of the ownership of the animal.
A replacement license shall be valid only through the expiration date of the original license. Sanitary: Any condition of good order and cleanliness which discourages and limits disease transmission. Secure enclosure: A fence or structure of at least six 6 feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures which may be taken by the owner.
Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal s from escaping from the enclosure.
The enclosure shall be posted with signs on all sides in four-inch letters warning of the presence of a dangerous animal and shall include a symbol of a dangerous animal understandable by young children. Serious bodily injury: An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonable prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
Service animal: An animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability or by the virtue of a natural aptitude or acquired ability is able to provide therapeutic treatment, mitigation, safety or rescue. Sterilization: Surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce. Stray: An animal which is roaming with no physical restraint beyond the premises of an animal's owner or keeper.
Unprovoked attack by a dog: An incident in which a dog which attacked a human being or an animal was not hit, kicked, or struck by a human being with any object or part of a human being's body, nor was any part of the dog's body pulled, pinched, or squeezed by a human being, nor was the dog taunted or teased by any human being, nor was the human being in the dog's territory on the property of the dog's owner at the time of the attack.
Vaccinated animal: Unless otherwise indicated, an animal vaccinated against rabies within the past twelve 12 months by a licensed veterinarian. Vaccination certificate: The certificate issued by a licensed veterinarian on a form approved by the Texas Department of Health for presentation to the animal [care and] control section as a condition precedent to the granting of a dog or cat license and showing on its face that, at the time of such presentation, the dog or cat covered thereby has been vaccinated for rabies.
Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals.
Vis major: A loss that results immediately from a natural cause without the intervention of persons, and which could not have been prevented by the exercise of prudence, diligence, and care. Zoological park: Any permanent collection of living animals for public display, other than a pet shop or kennel, displaying or exhibiting one 1 or more species of animals.
All of the regulations provided in this chapter and the functions and duties of all officers, agents, servants or employees of the city in the enforcement of this chapter are declared to be governmental and for the benefit, health and welfare of the general public. Each day that a violation is permitted to exist shall constitute a separate offense. Any reference made in this chapter to any other law, statute, code, ordinance, rule or regulation is intended to incorporate such material as it presently exists and also any future amendments, changes, revisions, repeals or recodifications of such material, unless otherwise expressly provided.
For purposes of discharging the duties imposed by the provisions of this chapter or other applicable laws, an animal [care and] control officer may enter upon private property to the full extent permitted by law.
Where premises do not comply with the provisions of this chapter or if any health ordinance or law is not observed, the city health officer may, upon written notice to the person owning or controlling the premises, order the correction of the objectionable conditions. In addition to any criminal proceeding, failure to comply with such order shall entitle the city to obtain relief by injunction.
The applicant shall pay an application fee at the time of filing in an amount established by the city council. The applicant shall notify said persons no later than ten 10 days prior to the date set for the hearing. The permit shall remain valid if the permittee moves and properly notifies the city health officer of the change of residence.
If the animal [care and] control authority determines that any of the permittee's dogs is a dangerous dog, such determination shall subject the permit to revocation;. The notice shall specify the date, time, and place of the hearing, as well as any allegations of permit condition violations. The city shall have the burden of proof. At the conclusion of the hearing the city health officer shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity is declared a nuisance in violation of this section. Whatever the city health officer determines to be dangerous to human life or health, or that is offensive to the senses, or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance and shall be unlawful, and the specific acts, conditions and things set forth in this chapter are, among others, declared to be nuisances and prohibited and made unlawful.
Editor's note— Ord. For aggressive dogs, an enclosure shall have an outside-perimeter barrier that is a minimum height of seventy-two 72 inches when measured from the ground. Any portion of a building that is intended to form part of an enclosure must have a continuous wall inclusive of windows and doors that meets the applicable height requirement.
In considering a petition, the director may take into account factors that include, but are not limited to, zoning requirements, deed restrictions and covenants, and the size and physical characteristics of the animal or animals to be enclosed. The decision of the director shall be final and un-appealable.
Prevents the dog from advancing to within fifteen 15 feet of the edge of any public street. If a person fails to comply with this section with respect to more than one 1 dog, the person's conduct with respect to each dog constitutes a separate offense.
It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous animal other than a dog in the city unless the owner complies with the requirements of this article. If, after receiving the sworn statements of any witnesses, the animal [care and] control authority determines that the animal is a dangerous animal, it shall notify the owner of that fact. An owner may appeal the decision of municipal court in the same manner as other appeals from municipal court.
Not later than the thirtieth day after a person learns that the person is the owner of a dangerous animal, the person shall:. The owner of the dangerous animal shall microchip the animal by implanting a microchip identification device on the animal within seven 7 calendar days after being notified by the animal care and control manager or by the municipal court that such animal is dangerous.
The cost of the service shall be at the owner's expense. If the owner of an animal determined to be dangerous under this article fails or refuses to comply with all the requirements specified in section , the animal shall be seized by the animal [care and] control authority and euthanized by the animal [care and] control authority or its authorized agent or a licensed veterinarian.
The owner must place and maintain the tag on the animal's collar. If the animal has been sold or given away, the former owner shall provide the animal [care and] control office with the name, address, and telephone number of the new owner. If the new owner's address is in the city or if the animal is kept in the city, the animal [care and] control authority shall notify the new owner by certified mail, return receipt requested, or in person that the animal has been determined to be a dangerous animal and provide the new owner a copy of the requirements contained in Article III.
The new owner must be given notice to comply with the requirements for owners of dangerous animals, if the animal is physically located for any time within the city. It shall be unlawful for new owners to fail to comply with any requirement of sections and The same reporting requirements are imposed on any and all subsequent owners of the dangerous animal.
The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city. It is a defense to prosecution under section or section that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals, and that the person has temporary ownership, custody or control of the animal; provided, however, that for any person to claim under this section, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal.
It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this article and state statutes regulating dangerous dogs. It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains in the city or brings to the city a dog that has been declared dangerous outside of the city under one 1 or more of the following: i Chapter of the Texas Health and Safety Code; ii a local law or ordinance adopted in accordance with Chapter ; or iii a statute or ordinance that is substantially similar to Chapter and that was adopted by a political subdivision outside of the State of Texas.
The animal care and control authority or his or her designee may investigate all reports of dangerous dog incidents. The animal care and control authority may accept sworn statements from all victims and witnesses to the attack. If such a report is filed, the court shall order the animal care and control authority or his designee to seize the dog and the court shall issue a warrant authorizing the seizure.
The animal care and control authority shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions until the court determines one 1 of the following:. Notice shall be by hand delivery to the owner of the dog. If the owner cannot be located, notice shall be delivered to any adult at the dog owner's last known physical address or to any adult at the residence where the dog is believed to be kept, if at a location different than the owner's physical address.
The notice shall also include a statement that the owner will be notified by the court of the date and time for a hearing pursuant to section The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered. It shall be a separate violation of this division for any person to refuse or fail to surrender a dog subject to this article, or harbor, hide or secret, transport or secure the transport of a dog subject to this article, for the purpose of preventing its impoundment.
The dog's microchip shall be registered with a national registry. The court shall order the authority to return the dog to the owner if the owner has fully complied with subsection a either after a hearing or without a hearing based on the recommendation of the animal care and control authority that the owner has complied with subsection a.
During the appeal period, the dog shall remain in the custody, care and control of the animal care and control authority. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed. If animal care and control determines that the owner of a dangerous dog has failed to comply with any requirement listed in subsection a above, animal care and control Authority shall issue notice of non-compliance to the owner of the dangerous dog and said owner shall deliver the dog immediately to the animal care and control authority.
The animal care and control authority shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions. After the expiration of three 3 days, if the owner of the dangerous dog has not sufficiently presented proof to the animal care and control authority that he or she is in compliance with subsection a , the animal care and control authority shall refer the case to the municipal court for notice and hearing.
Upon selling or moving the registered dangerous dog, that owner must notify the new owner or person who has care and control of the dog that he or she is keeping or owning a dog that has been declared dangerous. Pursuant to V. The name, telephone number, and physical address of the applicant;. The total number of animals sought to be included under the permit and the species, breed, gender, and age of each animal;.
The current, valid city license number for each animal listed in the application. A statement affirming that the applicant is familiar with the provisions of this chapter and a promise to maintain all animals in accordance with applicable legal requirements. This application fee shall be in addition to all other applicable license and registration fees required under this chapter. An application fee is not refundable. Fails or refuses to submit any information or supporting documentation required under this section or pursuant to a request of the animal care and control division;.
Fails or refuses to submit the fee or documentation required under subsection b 2 ;. Provides false information on or in connection with the application;.
Has, within the preceding twenty-four 24 months, been convicted, received deferred adjudication, or pleaded guilty or no contest with respect to one 1 or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both;.
Has, within the preceding twenty-four 24 months failed to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals;.
Has, within the preceding sixty 60 months, been convicted, received deferred adjudication, or pleaded guilty or no contest with respect to one 1 or more violations of any provision of this chapter or of any state law relating to animal cruelty;. Has previously had a permit revoked pursuant to subsection e ; or.
Resides at the same physical address as another individual whose permit has been revoked pursuant to subsection e. If a permit is denied pursuant to this subsection, the animal care and control division shall issue a written statement citing the specific reason or reasons for the denial. Such appeal must be made in writing and received within thirty 30 days of the date the application was originally rejected. A permit is not transferable to another person. In particular, a permit holder must notify the animal care and control division of any change of address or telephone number no later ninety 90 days after the new address or phone number is effective.
In addition, within ninety 90 days of obtaining an animal that was not included in the original permit application, the permit holder must provide the animal control division with the species, breed, gender, age, and current, valid city license number of each such animal. Is convicted, receives deferred adjudication, or pleads guilty or no contest with respect to one 1 or more violation of this chapter, of any state law relating to the care and humane treatment of animals, or both;.
Fails to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals;. Is convicted, receives deferred adjudication, or pleads guilty or no contest with respect to a single violation of any provision of this chapter or of any state law relating to animal cruelty;.
Is discovered to have provided false or inaccurate information on or in connection with the original permit application;. Fails to license or vaccinate any animal in accordance with the requirements of state law and this chapter; or. The director may: i reinstate the permit pursuant to its original terms, ii reinstate the permit subject to the holder meeting additional specified conditions, or iii affirm the revocation.
The animal care and control division is authorized to have the name, address, and phone number of the issuing designated veterinarian or Humane Society of North Texas imprinted on one 1 side of the tag. The schedule of fees may include late fees relating to licenses, registrations, or other actions required under this article that are not accomplished voluntarily and within the time limits prescribed; such fees shall serve to off-set costs associated with staff time required to bring about compliance.
Upon proof pursuant to section , presented to the animal care and control division, no fee shall be charged for animals trained and certified by recognized professional authorities as assistance or service animals. The director may, in his or her discretion, periodically reduce the license fees adopted by the city council in order to encourage adoption in conjunction with special events.
Licenses for animals that are implanted with a microchip currently registered with a national animal-identification database may be issued for a period of up to three 3 years, provided that the animal in question has been immunized against rabies with a vaccine that is effective for the entire three-year period.
Licenses for animals that are not implanted with a microchip currently registered with a national animal-identification database may be issued for a period of up to one 1 year, provided that the animal in question has been immunized against rabies with a vaccine that is effective for the entire one-year period. Under no circumstances shall a license be issued for a period that extends beyond the time period for which the animal's most recent rabies vaccination remains in effect.
A permanent registration tag issued prior to [January 1, ,] the effective date of this article shall remain valid for the lifetime of the animal for which it was issued as long as compliance with this subsection is maintained. The animal's owner must have the animal timely vaccinated against rabies annually and provide a copy of the rabies certificate to animal [care and] control.
Failure to do so shall render the registration void. All portions of section , "License application; fee," not specifically amended shall remain in effect. If a person fails to provide satisfactory proof of compliance or correction to the animal care and control manager within the fifteen 15 days, the owner must immediately surrender the license tag or permanent registration tag for that animal to the animal care and control manager.
No person whose license has been revoked under subsection a 2 above may reapply for a period of sixty 60 months from the date of his cruelty to animals or animal cruelty law conviction.
The agreement shall be valid only for the calendar year and shall expire on December 31st. A designated veterinarian shall not charge an animal's owner a price which is greater than or less than the current annual fee. The animal care and control manager shall establish a collection procedure for the fees, a format for the tags and shall record the number of dogs and cats registered, name of owner, and other appropriate information.
The animal care and control manager also reserves the right to inspect at reasonable times the license records, rabies vaccination records, and tags on hand at a designated veterinarian's office.
The listing shall include the owner's name and address, animal species, gender, date of vaccination and whether or not the animal has been altered. Such quarantine will be subject to the following conditions:. A Secure facilities must be available at the home of the animal's owner or custodian, and must be approved by the local rabies control authority;. C The animal was wearing a current vaccination and license tag at the time of the incident;. D The animal bit person who lives at the same residence as the animal; and.
E The animal has not been quarantined for a previous bite incident. If the owner chooses that the local rabies control authority observe the animal on the first and eighth day for a dog, cat or domestic ferret, a fee will be charged by the animal care and control division according to a fee schedule approved by city council.
If the animal becomes ill during the quarantine period, the person which has possession of the animal must notify the local rabies control authority immediately. The head shall be submitted to the Texas State Department of Health laboratory for rabies diagnosis. Home quarantine described in subsection b does not apply in this subsection. If the animal dies prior to its quarantine, the owner shall submit the animal to the animal care and control center for rabies diagnosis.
Effective January 1, , the animal care and control manager shall be further authorized to impound any cat which is at large;. A hearing shall be held as soon as practicable if requested by the owner prior to the disposal or destruction of the animal as provided in this chapter.
In calculating the length of this time, the first day after impoundment shall be day one. If the owner of such impounded animal does not redeem it within three 3 days after impoundment, disposition will be in accordance with this chapter. The animal may be disposed of prior to the expiration of such time if in the professional opinion of the animal control authority disposition is necessary to avoid the unnecessary suffering of a sick or injured animal.
Impounded prohibited animals shall be available for immediate redemption by the owner after presenting photo identification of which the city shall keep a copy and paying all applicable fees. In addition, the owner of a prohibited animal must sign an agreement with the city stipulating that the owner 1 shall lawfully and immediately remove from the city limits the prohibited animal and shall not allow the prohibited animal to return to the city; and 2 shall consent to the city humanely destroying the prohibited animal if the animal returns and is found within the city limits.
If the owner of a prohibited animal fails to comply with this subsection, the prohibited animal may be either euthanized or removed from the city as determined by the animal care and control division. The owner of a prohibited animal shall pay to the city the applicable fees and costs of impoundment and handling. You are using an out of date browser. It may not display this or other websites correctly. You should upgrade or use an alternative browser. Keller Texas Chicken Ordinance.
Article Reviews 1. Leave a rating. Animals and fowl in residential areas; limitations. Impoundment fees for livestock, fowl or prohibited animals. The owner of any impounded livestock, fowl or prohibited animal shall pay whatever fee as may be charged by the constable of Tarrant County in order to redeem such animal from the constable.
Public nuisances. No person shall willfully or knowingly keep or harbor on his premises or elsewhere any animal, livestock, or fowl of any kind that makes or creates an unreasonable disturbance to the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof.
This includes, but is not limited to, animals making or creating noises by howling, barking, bawling or otherwise. A person shall be deemed to have violated terms of this section if such person shall have been notified by the animal control officer or any police officer of such disturbance and shall have failed or refused to correct such disturbance and prevent its recurrence.
Fight upon exhibition. No person shall maintain any place where fowl or any animals are suffered to fight upon exhibition, or for sport upon wager. Sale of baby fowl, ducks. It shall be unlawful for any person to sell or offer for sale, lease, rent or in any way transfer, barter or give away baby fowl or ducklings as pets or novelties, whether dyed or not dyed, colored or otherwise artificially treated; provided, however, this section shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper breeding facilities for hatcheries or stores engaged in the business of selling the same to be raised for legitimate commercial purposes.
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