{"id":7049,"date":"2015-06-12T13:07:12","date_gmt":"2015-06-12T13:07:12","guid":{"rendered":"http:\/\/www.gypsydogops.com\/?p=7049"},"modified":"2015-06-12T15:46:34","modified_gmt":"2015-06-12T15:46:34","slug":"oak-cliff-animal-inititiative-presents-laws-for-paws","status":"publish","type":"post","link":"http:\/\/www.gypsydogops.com\/?p=7049","title":{"rendered":"Oak Cliff Animal Inititiative Presents Laws for Paws"},"content":{"rendered":"<h2><strong><span style=\"color: #00ccff;\">Coming Soon! Laws for Paws<\/span><\/strong><\/h2>\n<h3>will create advocacy thought meaningful discussions with our City and District Attorney&#8217;s offices.<\/h3>\n<p><a href=\"http:\/\/www.gypsydogops.com\/wp-content\/uploads\/2015\/06\/keep-calm-and-change-the-law_v7ee.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-medium wp-image-7069\" src=\"http:\/\/www.gypsydogops.com\/wp-content\/uploads\/2015\/06\/keep-calm-and-change-the-law_v7ee-200x300.jpg\" alt=\"keep calm and change the law_v7ee\" width=\"200\" height=\"300\" srcset=\"http:\/\/www.gypsydogops.com\/wp-content\/uploads\/2015\/06\/keep-calm-and-change-the-law_v7ee-200x300.jpg 200w, http:\/\/www.gypsydogops.com\/wp-content\/uploads\/2015\/06\/keep-calm-and-change-the-law_v7ee-683x1024.jpg 683w, http:\/\/www.gypsydogops.com\/wp-content\/uploads\/2015\/06\/keep-calm-and-change-the-law_v7ee.jpg 1728w\" sizes=\"auto, (max-width: 200px) 100vw, 200px\" \/><\/a><\/p>\n<p><span style=\"color: #00ccff;\"><strong>Goal:<\/strong> <\/span>Laws for Paws will bring animals advocates, law enforcement, and prosecutors together to re-shape city animal ordinances to better serve and protect our animals. The panel will facilitate open discussion with the community about how to advocate and update our city ordinances to make animal compliance, neglect, and abuse laws more enforceable and prosecutable.<\/p>\n<p>Dallas Animal Services is responsible for the care and control of the City\u2019s pet population by enforcing Dallas City Code, Chapter 7 \u2010 Animals and the Texas Rabies Control Act. In June 2008, the Animal Shelter Commission conducted a comprehensive overhauled of the City\u2019s Chapter 7 animal ordinances. In an effort to reinforce responsible pet ownership and education, the City Council adopted new these recommended amendments to the Animal Ordinance. The new regulations strengthened the City\u2019s laws governing animal ownership. They included:<\/p>\n<ul>\n<li>Establishing a $70 fee for Intact Animal Permits<\/li>\n<li>Limiting the number of dogs and cats in a detached single\u2010family home<\/li>\n<li>Prohibiting the use of animals as prizes<\/li>\n<li>Allowing the seizure and impoundment of a dog deemed dangerous<\/li>\n<li>Restricting tethering of unsupervised dogs to the amount of time \u2028necessary to complete a temporary task<\/li>\n<\/ul>\n<p>In 2015, the community became increasing frustrated by conflicting information and unresponsiveness from 311, 911, and Dallas Animal Services regarding information about animal ordinances, enforcement, and illegal vending of animals. To help better understand our laws, Gypsy Dog Ops and the Oak Cliff Animal Initiative invited the Assistant City Prosecutor, Mai Brock, to speak to the community about illegal vending laws as they applied to our community\u2019s animals. Ms Brock answered many of our questions, but all involved found the answers to be unsatisfactory and the illegal vending law essentially unenforceable. For example, the language for tethering laws provides for \u201ctime to complete a temporary task\u201d. The prosecutors find the definition too ambiguous and difficult\u00a0to prosecute. It was clear, the laws need to be reviewed and tightened to make compliance, enforcement, and prosecution effective.<\/p>\n<p>We have been told that part of the role of the Animal Commission is to help assess current laws and make recommendations to the city. We are not seeing that kind of overarching stewardship from the current commission and are asking the community to participate in a grass roots effort to help shape the law and allow us to take back our neighborhoods from the plague of loose incompliant animals roaming our streets as we simultaneously create and spread a spay and neuter culture in the city of Dallas.<\/p>\n<p>In 2010, the Quality of Life Committee was briefed by animal attorney Yolanda Eisenstein on: \u201c<a title=\"City Briefings_RelationshipToAnimalCruelty\" href=\"http:\/\/www3.dallascityhall.com\/committee_briefings\/briefings0310\/QOL_RelationshipAnimalCruelty_030810.pdf\" target=\"_blank\">The Relationship Between Animal Cruelty and Human Violence<\/a>\u201d. The Committee was told that, \u201cAnimal Cruelty Destabilizes Communities and Neighborhoods. The condition of a society in part is reflected in: The extent to which we obey or violate the law. The extent to which the law is enforced. Animal cruelty seen as reflecting general level of lawlessness.\u201d CC-ed on the presentation material was Assistant City Manager, AC Gonzalez, who has moved on to become the current day City Manager. Clearly, our city manager is not getting the message and does not understand the correlation between quality of life and safety in our neighborhoods with loose, incompliant animals and enforcement issues due to budget, city priorities, training, staffing, and enforceable laws.<\/p>\n<p>In 2010, the Humane Society of the United States conducted a comprehensive<a title=\"Humane Society Shelter Report\" href=\"https:\/\/www.humanewatch.org\/images\/uploads\/2010-11_HSUS_Dallas_Animal_Services.pdf\" target=\"_blank\"> shelter evaluation of Dallas Animal Services<\/a>. It was the observation of The HSUS team that the degree of enforcement of a violation depended upon the individual officer\u2019s interpretation of the infraction. The HSUS recommended DAS:<\/p>\n<ul>\n<li>Review ordinances yearly to gauge effectiveness of the animal control program and to ensure that the mission of creating safe neighborhoods for both people and pets are being met.\n<ul>\n<li>Promote the agency\u2019s website as a source of information about animal control ordinances.<\/li>\n<li>Provide ASOs with a synopsis of local animal control laws as well as pertinent state cruelty laws for distribution to the public.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>Additionally, the <a title=\"HSUS Shelter Report\" href=\"https:\/\/www.humanewatch.org\/images\/uploads\/2010-11_HSUS_Dallas_Animal_Services.pdf\" target=\"_blank\">HSUS report<\/a> found \u201cobvious dichotomy between the City Council\u2019s goals and the goals of the Animal Shelter Commission as well as the animal welfare community. The latter two placed a high priority on moving the community toward lower euthanasia rates. On the other hand, <strong>The City Council established a goal to increase impoundment<\/strong>\u2014the FY09\u201010 City Council objective to impound 37,713 animals represented an 85% increase over FY08\u201009. Industry data reveals a strong relationship between animal impoundment and animal euthanasia; as animal impoundment numbers increase, so will euthanasia numbers. <strong>This disparity in goals was fueling a continuing conflict between the City Council, DCCS leadership, DAS management and staff, the Animal Shelter Commission, the nonprofit animal welfare community, and the public<\/strong>&#8230;<strong>It was clear that the goals and priorities established by the Commission were in conflict with the DCCS\u2019S goals, as well as with the stated goals of the City Council.<\/strong>&#8221;<\/p>\n<p>So there you have it, straight from the Humane Society of the United States, the core\u00a0problem today reflects the HSUS report of conflicting interests and objectives between our elected city council and our civil servant leadership which causes friction and ineffectiveness.<\/p>\n<p>As we have identified before and by their own admission, DAS no longer picks up loose dogs as they do not see the return on investment. In 2014, DAS wrote an absurdly low number of citations for a city of our size and caliber. As we look to solve our safety and quality of life issues caused by animal issues, we propose a healthy and productive community discussion will include representatives from:<\/p>\n<ul>\n<li>DA&#8217;s office<\/li>\n<li>City Attorney \/ Specialty animal issues<\/li>\n<li>Our Community Prosecutor \/ Yulise Waters<\/li>\n<li>SPCA investigator<\/li>\n<li>SPCA leadership<\/li>\n<li>HSNT representative<\/li>\n<li>The commission rep from District 1 \/ Chris Watts<\/li>\n<li>NPO or community coordinator from the police department \/ Donna H or her recommend<\/li>\n<li>Texas Humane Legislation Network (THLN)<\/li>\n<li>Former commission members and DACA members\n<ul>\n<li><a href=\"https:\/\/www.facebook.com\/andrea.h.allen?hc_location=ufi\">\u202aAndrea H. Allen<\/a><\/li>\n<li>Julie McKinney<\/li>\n<li>Skip Trimble<\/li>\n<li><a href=\"https:\/\/www.facebook.com\/elaine.munch.7?hc_location=ufi\">Elaine McLendon Munch<\/a><\/li>\n<li><a title=\"Jonnie England FB\" href=\"https:\/\/www.facebook.com\/jonnie.england\" target=\"_blank\">Jonnie England<\/a><\/li>\n<\/ul>\n<\/li>\n<li>The community<\/li>\n<\/ul>\n<p>In 2008, DACA&#8211;Dallas Animal Cruelty Alliance was formed. Below is a sampling of DACA members. Continued consultation and collaboration with these members will be important.<\/p>\n<ul>\n<li><strong>DA\u2019s office:<\/strong>\n<ul>\n<li>Steve Wilson \/ investigator with the DA&#8217;s office.<\/li>\n<\/ul>\n<\/li>\n<li><strong>DPD<\/strong>\n<ul>\n<li>Kimberly Stratman &#8211; DPD lieutenant<\/li>\n<li>Julie Cassidy &#8211; Detective \/ Animal Shelter Commissioner<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ul>\n<li><strong>SPCA<\/strong>\n<ul>\n<li>James Bias, President of the SPCA<\/li>\n<li>Ann Barnes is currently with the HSNT but at that time, was VP at the SPCA.<\/li>\n<\/ul>\n<\/li>\n<li><strong>DAS<\/strong>\n<ul>\n<li>Adrian Vela, Field Supervisor at DAS<\/li>\n<li>Domanick Munoz (no longer employed by DAS)<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><span style=\"color: #00ccff;\"><strong>Next Steps<\/strong><\/span><br \/>\nWe have started the formal process of putting together our official panel of experts and we look forward to announcing the first \u201cLaws for Paws\u201d meeting and panel discussion soon! (please note the date on the poster is a temp placeholder) Your participation and feedback will be key to updating our laws. Thank you village for caring about our neighborhoods and our neighborhood animals.<\/p>\n<p>For your review, <a title=\"DAS link to animal law\" href=\"http:\/\/www.dallasanimalservices.org\/city_code.html\">Chapter 7 Code<\/a> with definitions and a fine schedule:<\/p>\n<div class=\"al_wrapper al_content\">\n<article class=\"node-37260 node node-local-ordinance view-mode-full clearfix\">\n<div class=\"al_summary\"><strong>Summary:\u00a0<\/strong>This comprises Dallas, Texas&#8217; animal control and dangerous dog ordinances. Among the provisions\u00a0is a requirement that an\u00a0owner 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\u00a0anti-trapping provision; a section that prohibits the carrying or transporting of\u00a0an 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\u00a0proximity to other dwellings.\u00a0Dallas 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,\u00a0a person commits an offense if he or she\u00a0breeds a dog or cat without a valid intact animal permit for the dog or cat. Other provisions include\u00a0the keeping of prohibited animals, the keeping of roosters, and noise disturbances by animals.<\/div>\n<section class=\"al_content_section\">\n<h3>ARTICLE I. GENERAL.<\/h3>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s711\">Sec. 7-1.1.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Definitions.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE II. ANIMAL SERVICES; CITY ANIMAL SHELTERS.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s721\">Sec. 7-2.1.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>State law; local rabies control authority designated.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s722\">Sec. 7-2.2.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0<strong>\u00a0 Shelters established.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s723\">Sec. 7-2.3.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Policies and procedures.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s724\">Sec. 7-2.4.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Quarantine of animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s725\">Sec. 7-2.5.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Impoundment of animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s726\">Sec. 7-2.6.\u00a0\u00a0\u00a0<\/a>\u00a0\u00a0<strong>\u00a0 Redemption of impounded animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s727\">Sec. 7-2.7.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Adoption of animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s728\">Sec. 7-2.8.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Killing or euthanasia of animals.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE III. CARE AND TREATMENT OF ANIMALS.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s731\">Sec. 7-3.1.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Proper restraint.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s732\">Sec. 7-3.2.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Sanitary conditions; maintenance of premises.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s733\">Sec. 7-3.3.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Trapping animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s734\">Sec. 7-3.4.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Unlawful placement of poisonous substances.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s735\">Sec. 7-3.5.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Transporting an animal in an open bed of a motor vehicle.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE IV. SPECIFIC REQUIREMENTS FOR DOGS AND CATS.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s741\">Sec. 7-4.1.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Vaccination of dogs and cats.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s742\">Sec. 7-4.2.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Registration of dogs and cats.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s743\">Sec. 7-4.3.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0<strong>\u00a0 Revocation and denial of registration.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s744\">Sec. 7-4.4.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Authorized registrars.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s745\">Sec. 7-4.5.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Sale of dogs and cats.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s746\">Sec. 7-4.6.\u00a0\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0<strong>Limitation on the number of dogs and cats in dwelling units.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s747\">Sec. 7-4.7.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Tethered dogs.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s748\">Sec. 7-4.8.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Defecation of dogs on public and private property; failure to carry materials and implements for the removal and disposal of dog excreta.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s749\">Sec. 7-4.9.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Confinement requirements for dogs kept outdoors.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s7410\">Sec. 7-4.10.\u00a0<\/a><strong>\u00a0\u00a0\u00a0\u00a0 Restrictions on unsterilized dogs and cats.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s7411\">Sec. 7-4.11.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Intact animal permit.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s7412\">Sec. 7-4.12.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Duty to locate owners of stray dogs.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE V. DANGEROUS DOGS.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s751\">Sec. 7-5.1.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Definitions.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s752\">Sec. 7-5.2.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>State law; animal control authority.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s753\">Sec. 7-5.3.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>\u00a0 Determination as a dangerous dog.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s754\">Sec. 7-5.4.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Appeals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s755\">Sec. 7-5.5.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Requirements for ownership of a dangerous dog; noncompliance hearing.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s756\">Sec. 7-5.6.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Attacks by dangerous dog; hearing.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s757\">Sec. 7-5.7.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Prohibition on owning a dog determined dangerous by another jurisdiction.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s758\">Sec. 7-5.8.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Surrender of a dangerous dog.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s759\">Sec. 7-5.9.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Dangerous dog owned or harbored by minor.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s7510\">Sec. 7-5.10.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Defenses.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE VI. PROHIBITED AND REGULATED ANIMALS.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s761\">Sec. 7-6.1.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Prohibited animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s762\">Sec. 7-6.2.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Regulated animals.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE VII. MISCELLANEOUS.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s771\">Sec. 7-7.1.\u00a0\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0<strong>Interference with an animal services officer.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s772\">Sec. 7-7.2.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Sale of animals from public property.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s773\">Sec. 7-7.3.\u00a0<\/a>\u00a0 \u00a0\u00a0<strong>Keeping of roosters.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s774\">Sec. 7-7.4.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Disturbance by animals.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s775\">Sec. 7-7.5.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Vaccination of ferrets.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s776\">Sec. 7-7.6.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Animals as prizes, promotions, and novelties.\u00a0<\/strong><\/p>\n<p><strong>ARTICLE VIII. VIOLATIONS, PENALTIES, AND ENFORCEMENT.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s781\">Sec. 7-8.1.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Violations; criminal and civil penalties.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s782\">Sec. 7-8.2.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Additional enforcement provisions.\u00a0<\/strong><\/p>\n<p><a href=\"https:\/\/www.animallaw.info\/local\/tx-dallas-dallas-city-code-volume-i-chapter-7-animals#s783\">Sec. 7-8.3.\u00a0<\/a>\u00a0\u00a0\u00a0\u00a0\u00a0<strong>Parent\u2019s ultimate responsibility.\u00a0<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong>ARTICLE I. GENERAL.\u00a0<\/strong><\/p>\n<p><a name=\"s711\"><\/a><strong>SEC. 7-1.1.\u00a0\u00a0\u00a0\u00a0 DEFINITIONS.\u00a0<\/strong><br \/>\nIn this chapter:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 ADOPTER means a person who adopts an animal from an animal shelter or an animal adoption agency.<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 ANIMAL means any nonhuman vertebrate.<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 ANIMAL SERVICES OFFICER means an employee of animal services whose duty it is to enforce the provisions of this chapter.<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(7)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(8)\u00a0\u00a0\u00a0\u00a0 AUTHORIZED REGISTRAR means a person issued written permission by the director to register dogs and cats in compliance with this chapter.<\/p>\n<p>(9)\u00a0\u00a0\u00a0\u00a0 CHIEF OF POLICE means the head of the police department of the city of Dallas or a designated representative.<\/p>\n<p>(10)\u00a0\u00a0\u00a0\u00a0 COMPETITION CAT means a pedigreed cat not used for breeding that:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 is of a breed recognized by and registered with an approved cat breed registry, such as the American Cat Fanciers Association, the Cat Fanciers&#8217; Association, the International Cat Association, or any other cat breed registry approved by the director; and<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 competes in cat shows or other competition events sponsored by an approved cat breed registry.<\/p>\n<p>(11)\u00a0\u00a0\u00a0\u00a0 COMPETITION DOG means a pedigreed dog not used for breeding that:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 shows or competes in a confirmation, obedience, agility, carting, herding, protection, rally, sporting, working, or other event sponsored by an approved dog breed registry.<\/p>\n<p>(12)\u00a0\u00a0\u00a0\u00a0 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. &#8220;Conviction&#8221; includes disposition of charges against a person by probation or deferred adjudication.<\/p>\n<p>(13)\u00a0\u00a0\u00a0\u00a0 CURRENTLY VACCINATED means vaccinated against rabies by a licensed veterinarian, with a rabies vaccine licensed by the U.S. Department of Agriculture, and:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 not more than 12 months have elapsed since the animal&#8217;s most recent vaccination date, if the most recent vaccination was with a one-year rabies vaccine or was the animal&#8217;s initial vaccination; or<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 not more than 36 months have elapsed since the animal&#8217;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.<\/p>\n<p>(14)\u00a0\u00a0\u00a0\u00a0 DIRECTOR means the director of the department designated by the city manager to perform the duties assigned in this chapter or the director&#8217;s authorized representative.<\/p>\n<p>(15)\u00a0\u00a0\u00a0\u00a0 DOMESTIC ANIMAL means:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 livestock;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 a dog;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 a cat;<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 a ferret;<\/p>\n<p>(E)\u00a0\u00a0\u00a0\u00a0 any bird, other than one in the Falconiforms or Strigiforms Order, that is commonly kept as a human&#8217;s companion;<\/p>\n<p>(F)\u00a0\u00a0\u00a0\u00a0 any &#8220;pocket pet,&#8221; such as a mouse, hamster, gerbil, guinea pig, or rabbit, that is commonly kept as a human&#8217;s companion;<\/p>\n<p>(G)\u00a0\u00a0\u00a0\u00a0 any fish, such as a goldfish or tropical fish, that is commonly kept as a human&#8217;s companion; and<\/p>\n<p>(H)\u00a0\u00a0\u00a0\u00a0 any non-venomous and non- constrictor reptile or amphibian that is commonly kept as a human&#8217;s companion.<\/p>\n<p>(16)\u00a0\u00a0\u00a0\u00a0 EUTHANASIA means to put an animal to death in a humane manner.<\/p>\n<p>(17)\u00a0\u00a0\u00a0\u00a0 FENCED YARD means an area that is completely surrounded by a substantial fence of sufficient strength, height, construction, materials, and design as to prevent:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 any animal confined within from escaping; or<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 the head of a dog confined within from extending over, under, or through the fence.<\/p>\n<p>(18)\u00a0\u00a0\u00a0\u00a0 FERAL CAT means any homeless, wild, or untamed cat.<\/p>\n<p>(19)\u00a0\u00a0\u00a0\u00a0 LICENSED VETERINARIAN means a person licensed to practice veterinary medicine within the United States, or an authorized representative under that person&#8217;s direct supervision.<\/p>\n<p>(20)\u00a0\u00a0\u00a0\u00a0 LIVESTOCK means any fowl, horse, mule, burro, ass, cattle, sheep, swine, goat, llama, emu, ostrich, or other common farm animal.<\/p>\n<p>(21)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(22)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(23)\u00a0\u00a0\u00a0\u00a0 OWN means to have legal right of possession or to otherwise have care, custody, possession, or control of an animal.<\/p>\n<p>(24)\u00a0\u00a0\u00a0\u00a0 OWNER means any person owning or having care, custody, possession, or control of an animal.<\/p>\n<p>(25)\u00a0\u00a0\u00a0\u00a0 PERMITTEE means a person issued an intact animal permit under Section 7-4.11 of this chapter.<\/p>\n<p>(26)\u00a0\u00a0\u00a0\u00a0 PERSON means an individual or group of individuals acting in concert, a firm, partnership, association, corporation, or other legal entity.<\/p>\n<p>(27)\u00a0\u00a0\u00a0\u00a0 PET means a domestic animal to be kept as a human&#8217;s companion.<\/p>\n<p>(28)\u00a0\u00a0\u00a0\u00a0 PROHIBITED ANIMAL means:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 a &#8220;dangerous wild animal&#8221; as that term is defined in Section 822.101 of the Texas Health and Safety Code, as amended;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 any hybrid of an animal listed in Paragraph (A) or (B) of this subsection (other than a dog-wolf hybrid).<\/p>\n<p>(29)\u00a0\u00a0\u00a0\u00a0 PROTECTIVE CUSTODY means the holding of an animal in a city animal shelter<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 due to the arrest, eviction, hospitalization, or death of the animal&#8217;s owner;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 pursuant to a court order; or<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 at the request of a law enforcement agency.<\/p>\n<p>(30)\u00a0\u00a0\u00a0\u00a0 REGULATED ANIMAL means any non-human animal other than a prohibited animal or domestic animal.<\/p>\n<p>(31)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(32)\u00a0\u00a0\u00a0\u00a0 SERVICE ANIMAL means:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 any trained animal used by a governmental agency in police and rescue work.<\/p>\n<p>(33)\u00a0\u00a0\u00a0\u00a0 STRAY means an unrestrained domestic animal that is outside the boundaries of the premises owned, leased, or legally occupied by the animal&#8217;s own.<\/p>\n<p>(34)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><strong>ARTICLE II. ANIMAL SERVICES; CITY ANIMAL SHELTERS.\u00a0<\/strong><br \/>\n<strong><a name=\"s721\"><\/a>SEC. 7-2.1.\u00a0\u00a0\u00a0\u00a0 STATE LAW; LOCAL RABIES CONTROL AUTHORITY DESIGNATED.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 The provisions of Chapters 823 and 826 of the Texas Health and Safety Code, as amended, are incorporated into this article by reference.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><a name=\"s722\"><\/a><strong>SEC. 7-2.2.\u00a0\u00a0\u00a0\u00a0 SHELTERS ESTABLISHED.\u00a0<\/strong><br \/>\nThe city council shall select and establish one or more animal shelters in the city for impoundment,<\/p>\n<p>quarantine, care, adoption, euthanasia, and other humane disposition of unwanted, stray, diseased, or vicious animals. (Ord. 26024)<\/p>\n<p><strong><a name=\"s723\"><\/a>SEC. 7-2.3.\u00a0\u00a0\u00a0\u00a0 POLICIES AND PROCEDURES.\u00a0<\/strong><br \/>\nThe 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)<\/p>\n<p><a name=\"s724\"><\/a><strong>SEC. 7-2.4.\u00a0\u00a0\u00a0\u00a0 QUARANTINE OF ANIMALS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 surrender the animal immediately to the director for quarantine at a city animal shelter;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 immediately deliver the animal to a veterinary clinic approved by the director for quarantine at the owner&#8217;s expense; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 quarantine the animal on the owner&#8217;s property in a secure enclosure approved by the director. (Ord. 26024)<\/p>\n<p><strong><a name=\"s725\"><\/a>SEC. 7-2.5.\u00a0\u00a0\u00a0\u00a0 IMPOUNDMENT OF ANIMALS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 The director or the chief of police is authorized to impound:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 any animal in the city that is not restrained by tether or leash, fenced yard, or enclosed structure;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 any animal for protective custody;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 any animal required to be quarantined under Section 7-2.4;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 any animal seized pursuant to a warrant or court order;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 any prohibited animal kept in the city in violation of Section 7-6.1; and<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 any animal posing a threat to the public health or safety.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 If an animal described in Subsection (a) is on private property or property of the animal&#8217;s owner, the impounding officer may enter the property for the purpose of impoundment or issuance of a citation, or both.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><a name=\"s726\"><\/a><strong>SEC. 7-2.6.\u00a0\u00a0\u00a0\u00a0 REDEMPTION OF IMPOUNDED ANIMALS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 a redemption fee of:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 $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<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 $27 for an animal delivered for impoundment to a city animal shelter by a city employee in the performance of official duti<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 $10 for each night the animal is housed in a city animal shelter;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 $10 for a rabies vaccination of a dog, cat, or ferret if the owner cannot show either:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 a current certificate of vaccination for the animal; or<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 proof that the animal was not vaccinated due to health reasons as verified by a licensed veterinaria<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 the applicable registration fee for a dog or cat under Section 7-4.2, if the owner cannot show proof of current registration;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 $15 for a microchip implant and initial national registration of a dog or cat, unless:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 the animal was injected with a microchip implant prior to impoundment; or<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 a licensed veterinarian certifies that the animal should not be injected with a microchip implant for health reasons; and<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 $60 for the sterilization of a dog or $40 for the sterilization of a cat, unless:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 the animal was spayed or neutered prior to impoundment;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 the animal is under six months of age;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 a licensed veterinarian certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile;<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 the animal is being held for sale by a retail pet store or for adoption by animal services or an animal welfare organization;<\/p>\n<p>(E)\u00a0\u00a0\u00a0\u00a0 the animal is a competition cat or competition dogs<\/p>\n<p>(F)\u00a0\u00a0\u00a0\u00a0 the animal is a service animal; or<\/p>\n<p>(G)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 The redemption period for an animal impounded in a city animal shelter, other than for quarantine or pursuant to a court order, is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 three days after the date of impoundment, unless Paragraph (2) or (3) of this subsection applies to the animal;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 10 days after the date of impoundment if:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 the animal is wearing a legible tag or has a microchip implant identifying its owner; or<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 the director has reason to believe the animal has an owner; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 10 days after the date of impoundment if the animal is being held for protective custody.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 The redemption period for an animal impounded for quarantine is three days after completion of the quarantine period.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong><a name=\"s727\"><\/a>SEC. 7-2.7.\u00a0\u00a0\u00a0\u00a0 ADOPTION OF ANIMALS\u00a0<\/strong><\/p>\n<p>(a) \u00a0 \u00a0 To adopt a dog or cat from animal services, the adopter shall:<\/p>\n<p>(1) \u00a0 \u00a0 complete and sign an adoption application on a form provided by the director for that purpose;<\/p>\n<p>(2) \u00a0 \u00a0 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;<\/p>\n<p>(3) \u00a0 \u00a0 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:<\/p>\n<p>(A) \u00a0 \u00a0 $85 for a dog and $55 for a cat, unless Subparagraph (B) of this paragraph applies to the adoption; or<\/p>\n<p>(B) \u00a0 \u00a0 \u00a0$43 for a dog and $27 for a cat if:<\/p>\n<p>(i) \u00a0 \u00a0 the dog or cat is at least six years of age, as determined by the director;<\/p>\n<p>(ii) \u00a0 \u00a0 \u00a0the 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<\/p>\n<p>(iii) \u00a0 \u00a0 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<\/p>\n<p>(4) \u00a0 \u00a0 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.<\/p>\n<p>(b) \u00a0 \u00a0 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. \u00a0A promotional adoption period may not exceed seven consecutive days, and no more than eight promotional adoption periods may be designated during a calendar year.<\/p>\n<p>(c) \u00a0 \u00a0 Each dog or cat adopted from animal services will be spayed or neutered prior to release of the animal to the adopter, unless:<\/p>\n<p>(1) \u00a0 \u00a0 the dog or cat is under six months of age; or<\/p>\n<p>(2) \u00a0 \u00a0 a licensed veterinarian certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile.<\/p>\n<p>(d) \u00a0 \u00a0 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:<\/p>\n<p>(1) \u00a0 \u00a0 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<\/p>\n<p>(2) \u00a0 \u00a0 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.<\/p>\n<p>(e) \u00a0 \u00a0 An adopter who signs a sterilization agreement under Subsection (d) commits an offense if he fails to:<\/p>\n<p>(1) \u00a0 \u00a0 have the adopted dog or cat spayed or neutered within the time period required under Subsection (d)(1); or<\/p>\n<p>(2) \u00a0 \u00a0 furnish confirmation of sterilization as required under Subsection (d)(2).<\/p>\n<p>(f) \u00a0 \u00a0 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:<\/p>\n<p>(1) \u00a0 \u00a0 a letter complying with Section 828.006 of the Texas Health and Safety Code, as amended, stating that the animal is dead; or<\/p>\n<p>(2) \u00a0 \u00a0 a letter complying with Section 828.007 of the Texas Health and Safety Code, as amended, stating that the animal is lost or stolen.<\/p>\n<p>(g) \u00a0 \u00a0 The director may refuse to release a dog or cat for adoption under any circumstances, including, but not limited to:<\/p>\n<p>(1) \u00a0 \u00a0 the prospective adopter or adoption agency has previously violated a provision of this chapter or has been convicted of an animal-related crime;<\/p>\n<p>(2) \u00a0 \u00a0 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;<\/p>\n<p>(3) \u00a0 \u00a0 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<\/p>\n<p>(4) \u00a0 \u00a0 the director determines that the health, safety, or welfare of the animal or of the public would be endangered<\/p>\n<p>(h) \u00a0 \u00a0 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. \u00a0(Ord. Nos. 26024; 27250; 28335)<\/p>\n<p><a name=\"s728\"><\/a><strong>SEC. 7-2.8.\u00a0\u00a0\u00a0\u00a0 KILLING OR EUTHANASIA OF ANIMALS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 The director is authorized to euthanize, or to allow a licensed veterinarian to euthanize, an animal impounded at a city animal shelter if:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the director or a licensed veterinarian determines that euthanasia is necessary to prevent the unnecessary pain and suffering of the animal;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the director or a licensed veterinarian determines that recovery of the animal from injury, disease, or sickness is in serious doubt; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 the animal is not redeemed from a city animal shelter within the applicable time period required under Section 7-2.6 of this chapter.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong>ARTICLE III. CARE AND TREATMENT OF ANIMALS.\u00a0<\/strong><br \/>\n<strong><a name=\"s731\"><\/a>SEC. 7-3.1.\u00a0\u00a0\u00a0\u00a0 PROPER RESTRAINT.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 No animal may be restrained by a tether or leash unless the animal is in the immediate possession of and accompanied by the animal&#8217;s owner.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that the animal was:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 a dog in an off-leash site established under Section 32-6.1 of this code; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 a feral cat participating in a trap, neuter, and return program approved by the director.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (b) that the animal was a dog and was tethered:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 in a manner complying with Section 7-4.7 of this chapter; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><a name=\"s732\"><\/a><strong>SEC. 7-3.2.\u00a0\u00a0\u00a0\u00a0 SANITARY CONDITIONS; MAINTENANCE\u00a0 OF\u00a0 PREMISES.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 An owner of an animal commits an offense if he fails to:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 keep any cage, pen, enclosure, or other area in which the animal is kept in a sanitary condition; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong><a name=\"s733\"><\/a>SEC. 7-3.3.\u00a0\u00a0\u00a0\u00a0 TRAPPING ANIMALS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that the trap was:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong><a name=\"s734\"><\/a>SEC. 7-3.4.\u00a0\u00a0\u00a0\u00a0 UNLAWFUL PLACEMENT OF POISONOUS SUBSTANCES.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he knowingly places a poisonous substance so that it is accessible to a domestic animal.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (b) that the poisonous substance was placed:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 pursuant to an animal control program under the direction of the director, the city public health officer, or the city environmental health officer; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 to control common rodents such as rats and mice.\u00a0 (Ord. 27250)<\/p>\n<p><strong><a name=\"s735\"><\/a>SEC. 7-3.5.\u00a0\u00a0\u00a0\u00a0 TRANSPORTING AN ANIMAL IN AN OPEN BED OF A MOTOR VEHICLE.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he carries or transports an animal within the open bed of any moving pickup, flatbed, or similar vehicle.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong>ARTICLE IV. SPECIFIC REQUIREMENTS FOR DOGS AND CATS.\u00a0<\/strong><br \/>\n<strong><a name=\"s741\"><\/a>SEC. 7-4.1.\u00a0\u00a0\u00a0\u00a0 VACCINATION OF DOGS AND CATS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 An owner of a dog or cat commits an offense<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the dog or cat is not currently vaccinated;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the dog or cat is not wearing a collar or harness with a current rabies tag securely attached to it; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that the dog or cat is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 under four months of age; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 unable to be vaccinated due to health reasons as verified by a licensed veterinarian.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 The certificate of vaccination must contain the following information:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 name, address, and telephone number of the owner<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 animal identification, including species, sex, age, size (pounds), predominant breed, and color;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 vaccine used (including whether it is a one- year or three-year rabies vaccine), producer, expiration date, and serial number;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 date vaccinated and expiration date of the certificate of vaccination;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 rabies tag number; and<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 veterinarian&#8217;s signature and license number. (Ord. 26024)<\/p>\n<p><a name=\"s742\"><\/a><strong>SEC. 7-4.2.\u00a0\u00a0\u00a0\u00a0 REGISTRATION OF DOGS AND CATS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 An owner of a dog or cat commits an offense if:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the dog or cat is not currently registered with the city under this article;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the dog or cat was under four months of age;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 the owner of the dog or cat has resided in the city less than 30 days.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 To obtain a registration receipt and registration tag for a dog or cat, the owner must present the dog&#8217;s or cat&#8217;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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 The annual registration fee is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 $7 for a spayed or neutered dog or cat; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 $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.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 No fee is required for the registration of a dog or cat that is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 used as a service animal; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 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.<\/p>\n<p>(h)\u00a0\u00a0\u00a0\u00a0 The registration receipt and registration tag are specific to the animal for which they were issued and are not transferable to another animal.<\/p>\n<p>(i)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><a name=\"s743\"><\/a><strong>SEC. 7-4.3.\u00a0\u00a0\u00a0\u00a0 REVOCATION AND DENIAL OF REGISTRATION.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 allowing the director to inspect the premises of the owner to determine that all dogs and cats have been removed from those premises; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 providing the director with a written, sworn affidavit stating that all dogs and cats have been removed from the premises.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 fails to remove all dogs and cats from his premises when required by this section. (Ord. 26024)<\/p>\n<p><a name=\"s744\"><\/a><strong>SEC. 7-4.4.\u00a0\u00a0\u00a0\u00a0 AUTHORIZED REGISTRARS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 The director may, at his sole discretion and without cause, deny or revoke the designation of any person to act as an authorized registrar.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 An authorized registrar may, as a service charge, be paid $1 for each dog or cat registration fee collected by the authorized registrar.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong><a name=\"s745\"><\/a>SEC. 7-4.5.\u00a0\u00a0\u00a0\u00a0 SALE OF DOGS AND CATS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the dog or cat is currently vaccinated or cannot be vaccinated due to health reasons as verified by a licensed veterinarian; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the person has a current registration receipt and registration tag for the dog or cat.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) if the person is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 animal services;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 an animal welfare organization; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 an animal adoption agency. (Ord. 26024)<\/p>\n<p><strong><a name=\"s746\"><\/a>SEC. 7-4.6.\u00a0\u00a0\u00a0\u00a0 LIMITATION ON THE NUMBER OF DOGS AND CATS IN DWELLING UNITS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 In this section, DWELLING UNIT has the meaning given it in Section 51A-2.102 of the Dallas Development Code, as amended.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he harbors more than:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (c) that:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the person:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 was approved by the director as a foster care provider under a foster care program sponsored by animal services or an animal welfare organization;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the person:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 harbored no additional dogs or cats on the premises of the dwelling unit on or after June 25, 2008; and<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 was in compliance with all other requirements of this chapter applicable to dogs and cats.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><strong><a name=\"s747\"><\/a>SEC. 7-4.7.\u00a0\u00a0\u00a0\u00a0 TETHERED DOGS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 allows the dog to leave the premises owned, leased, or occupied by the dog&#8217;s owner;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 allows the dog to become entangled;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 does not allow the dog access to food, water, and appropriate shelter if outside; or<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 does not meet the requirements for tethering a dog under Subsection (b) of this section.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 The following requirements apply to a dog tethered within the city:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 The dog must be properly fitted with and wearing a harness or collar made of leather or nylon.<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 The tether must be attached to the dog&#8217;s harness or collar and not directly to the dog&#8217;s neck.<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 The tether must be at least 10 feet long.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><a name=\"s748\"><\/a><strong>SEC. 7-4.8.\u00a0\u00a0\u00a0\u00a0 DEFECATION OF DOGS ON PUBLIC AND PRIVATE PROPERTY; FAILURE TO CARRY MATERIALS AND IMPLEMENTS FOR THE REMOVAL AND DISPOSAL OF DOG EXCRETA.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 An owner of a dog commits an offense if he:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 knowingly permits the dog to enter or be present on private property or on property located in a public place; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) or (b) that:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the property was owned, leased, or controlled by the owner of the dog;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the owner or person in control of the property had given prior consent for the dog to defecate on the property; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 the dog was a service dog being used in official law enforcement activities.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 (Ord. 26024)<\/p>\n<p><strong><a name=\"s749\"><\/a>SEC. 7-4.9.\u00a0\u00a0\u00a0\u00a0 CONFINEMENT REQUIREMENTS FOR DOGS KEPT OUTDOORS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 at least 150 square feet for each dog six months of age or older;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 designed, constructed, and composed of material sufficient to prevent the dog&#8217;s escape; and<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 A doghouse or other building or shelter for a dog must:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 have a weatherproof top, bottom, and sides;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 have a floor that is level and dry;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 be of adequate size to allow the dog to stand erect with the dog&#8217;s head up, to turn around easily, and to sit and lie down in a comfortable and normal position;<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(7)\u00a0\u00a0\u00a0\u00a0 provide a suitable means for the prompt elimination of excess liquid;<\/p>\n<p>(8)\u00a0\u00a0\u00a0\u00a0 be structurally sound, maintained in good repair, and constructed with material that protects the dog from injury; and<\/p>\n<p>(9)\u00a0\u00a0\u00a0\u00a0 allow the dog easy access in and out.\u00a0 (Ord. 27250, sec. 7-4.9 eff. 9-25-08)<\/p>\n<p><a name=\"s7410\"><\/a><strong>SEC. 7-4.10.\u00a0\u00a0\u00a0\u00a0 RESTRICTIONS ON UNSTERILIZED DOGS AND CATS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 An owner of a dog or cat commits an offense if the animal is not spayed or neutered.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the animal is under six months of age;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 a licensed veterinarian certifies that the dog or cat should not be spayed or neutered for health reasons or is permanently non-fertile:<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 the animal is being held for sale by a retail pet store or for adoption by animal services or an animal welfare organization;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 the animal is a competition cat or competition dog;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 the animal is a service animal; or<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 the owner holds a valid intact animal permit issued under Section 7-4.11 of this chapter for the animal.\u00a0 (Ord. 27250, sec. 7-4.10 eff. 10-25-08)<\/p>\n<p><strong><a name=\"s7411\"><\/a>SEC. 7-4.11.\u00a0\u00a0\u00a0\u00a0 INTACT ANIMAL PERMIT.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he breeds a dog or cat without a valid intact animal permit for the dog or cat.\u00a0 A separate permit is required for each dog or cat that the person keeps unsterilized for breeding purposes.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 An intact animal permit may only be issued for a dog or cat:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 that is currently in compliance with the vaccination requirements of Section 7-4.1 of this chapter;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 that is currently in compliance with the registration requirements of Section 7-4.2 of this chapter;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 whose owner:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 has, at the owner&#8217;s expense, satisfactorily completed a course on responsible pet ownership offered by the city or otherwise approved by the director.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the name, address, and telephone number of the applicant;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the location where the dog or cat is harbored;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 a description of the dog or cat;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 proof that the animal is qualified for an intact animal permit under Subsection (b) of this section; and<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 any other information determined necessary by the director for the enforcement and administration of this section.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 An intact animal permit is not transferable.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 A permittee commits an offense if he allows a permitted female dog or cat to have more than one litter during the permit term.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (f) that the permittee:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 did not allow the female dog or cat to have more than the number of litters authorized by the director for the permit term<\/p>\n<p>(h)\u00a0\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 having two litters during the permit term is required to:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 protect the health of the female dog or cat; or<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 avert a substantial economic loss to the permittee; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 previously in the permit term, the female dog&#8217;s or cat&#8217;s litter was euthanized or did not survive for other reasons.<\/p>\n<p>(i)\u00a0\u00a0\u00a0\u00a0 A permittee commits an offense if the permittee:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0\u00a0 sells, adopts, or otherwise transfers any dog or cat, regardless of compensation and fails to:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0\u00a0 include a statement signed by the permittee attesting to knowledge of the animal&#8217;s health and immunization history;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 prominently display the intact animal permit number on any sales receipt or transfer document;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 provide the intact animal permit number to any person who purchases, adopts, or receives any dog or cat from the permittee;<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 provide written information regarding the vaccination, registration, and sterilization requirements of this chapter applicable to the dog or cat; or<\/p>\n<p>(E)\u00a0\u00a0\u00a0\u00a0 provide to the director (on a form provided by the director for that purpose) the name, address, and telephone number of the dog&#8217;s or cat&#8217;s new owner within five days after the date of the sale, adoption, or other transfer of the animal.<\/p>\n<p>(j)\u00a0\u00a0\u00a0\u00a0 The director shall deny or revoke an intact animal permit if the director determines that the applicant or permittee:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 failed to comply with any provision of this chapter; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0\u00a0 intentionally made a false statement as to a material matter on the intact animal permit application.<\/p>\n<p>(k)\u00a0\u00a0\u00a0\u00a0\u00a0 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.\u00a0 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.\u00a0 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.\u00a0 (Ord. 27250, sec. 7-4.11 eff. 10-25-08)<\/p>\n<p><strong><a name=\"s7412\"><\/a>SEC. 7-4.12.\u00a0\u00a0\u00a0\u00a0 DUTY TO LOCATE OWNERS OF STRAY DOGS.\u00a0<\/strong><br \/>\nA 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&#8217;s owner by:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 calling the telephone number listed on the dog&#8217;s tags;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 taking the dog to a licensed veterinarian for a microchip, tattoo, or other identification screening and calling the owner identified through the screening;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 calling 311 to request that animal services pick up the dog for identification screening and impoundment; or<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 delivering the dog to the city&#8217;s animal shelter for identification screening and impoundment.\u00a0 (Ord. 27888)<\/p>\n<p><strong>ARTICLE V. DANGEROUS DOGS.\u00a0<\/strong><br \/>\n<strong><a name=\"s751\"><\/a>SEC. 7-5.1.\u00a0\u00a0\u00a0\u00a0 DEFINITIONS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 In this article:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 BODILY INJURY means physical pain, illness, or any impairment of physical condition.<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 DANGEROUS DOG means a dog that:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 UNPROVOKED means an action by a dog that is not:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 in response to being tormented, abused, or assaulted by any person;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 in response to pain or injury;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 in protection of itself or its food, kennel, immediate territory, or nursing offspring; or<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 in response to an assault or attempted assault on a person.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><strong><a name=\"s752\"><\/a>SEC. 7-5.2.\u00a0\u00a0\u00a0\u00a0 STATE LAW; ANIMAL CONTROL AUTHORITY.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong><a name=\"s753\"><\/a>SEC. 7-5.3.\u00a0\u00a0\u00a0\u00a0 DETERMINATION AS A DANGEROUS DOG.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 The hearing must be conducted within 30 days after receipt of the complaint.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 A hearing must be conducted not less than 10 days after notice has been mailed or delivered to the dog owner.\u00a0 At a hearing, all interested persons will be given the opportunity to present evidence on the issue of the dog&#8217;s dangerousness.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 If a dog has caused bodily injury to any person, the director may seize and impound the dog at the owner&#8217;s expense pending the hearing and a determination of whether the dog is a dangerous dog.\u00a0 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.\u00a0 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.\u00a0 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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 At the conclusion of a hearing required by this section, the director shall:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 determine that the dog is dangerous and order the owner to permanently remove the dog from the city within a designated period of time.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 that the dog has been determined to be a dangerous dog;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 whether the dog must be permanently removed from the city and the date by which the dog must be removed;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 that the owner has a right to appeal the determination of dangerousness or any order to remove the dog from the city.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><a name=\"s754\"><\/a><strong>SEC. 7-5.4.\u00a0\u00a0\u00a0\u00a0 APPEALS.\u00a0<\/strong><br \/>\nIf, 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.\u00a0 The appeal standard is a substantial evidence review and is a civil proceeding for the purpose of affirming or reversing the director&#8217;s determination of dangerousness or affirming, reversing, or modifying the director&#8217;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)<\/p>\n<p><a name=\"s755\"><\/a><strong>SEC. 7-5.5.\u00a0\u00a0\u00a0\u00a0 REQUIREMENTS FOR OWNERSHIP OF A DANGEROUS DOG; NONCOMPLIANCE HEARING.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 have an unsterilized dangerous dog spayed or neutered;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 register the dangerous dog with the director and pay to the director a dangerous dog registration fee of $50;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 place and maintain on the dangerous dog a collar or harness with a current dangerous dog registration tag securely attached to it;<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 have the dangerous dog injected with a microchip implant and registered with a national registry for dogs; and<\/p>\n<p>(7)\u00a0\u00a0\u00a0\u00a0 post a sign at each entrance to the enclosure in which the dangerous dog is confined stating &#8220;BEWARE DANGEROUS DOG.&#8221;<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 Within five days after the expiration of the time ordered for the dog&#8217;s removal, the owner shall provide the director with proof of the removal and relocation, or other disposition, of the dog.\u00a0 Such proof must include the owner&#8217;s written sworn affidavit stating:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 that the dog is no longer located in the city; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 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.\u00a0 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.\u00a0 Any interested person may present evidence at the hearing.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 At the conclusion of the hearing, the municipal court shall:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 humanely destroy the dog if:<\/p>\n<p>(i)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(ii)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(iii)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 (Ord. Nos. 26024; 27250)<\/p>\n<p><a name=\"s756\"><\/a><strong>SEC. 7-5.6.\u00a0\u00a0\u00a0\u00a0 ATTACKS BY DANGEROUS DOG; HEARING.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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&#8217;s expense pending a hearing before the municipal court in accordance with this section.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 At the conclusion of the hearing, the municipal court shall:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 humanely destroy the dog;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><a name=\"s757\"><\/a><strong>SEC. 7-5.7.\u00a0\u00a0\u00a0\u00a0 PROHIBITION ON OWNING A DOG DETERMINED DANGEROUS BY ANOTHER JURISDICTION.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that the person owned the dog in the city on June 25, 2008. (Ord. 27250)<\/p>\n<p><strong><a name=\"s758\"><\/a>SEC. 7-5.8.\u00a0\u00a0\u00a0\u00a0 SURRENDER OF A DANGEROUS DOG.\u00a0<\/strong><br \/>\nA 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)<\/p>\n<p><strong><a name=\"s759\"><\/a>SEC. 7-5.9.\u00a0\u00a0\u00a0\u00a0 DANGEROUS DOG OWNED OR HARBORED BY MINOR.\u00a0<\/strong><br \/>\nIf 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)<\/p>\n<p><strong><a name=\"s7510\"><\/a>SEC. 7-5.10.\u00a0\u00a0\u00a0\u00a0 DEFENSES.\u00a0<\/strong><br \/>\nAny 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)<\/p>\n<p><strong>ARTICLE VI. PROHIBITED AND REGULATED ANIMALS.\u00a0<\/strong><br \/>\n<strong><a name=\"s761\"><\/a>SEC. 7-6.1.\u00a0\u00a0\u00a0\u00a0 PROHIBITED ANIMALS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 owns a prohibited animal for any purpose in the city; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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&#8217;s companion.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a)(1) that the person is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 a federal, state, county, or municipal agency or an agent of such an agency acting in an official capacity that:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits; and<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 an organization that is an accredited member of the American Zoo and Aquarium Association that:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 transporting an injured, infirm, orphaned, or abandoned prohibited animal for care or treatment, if the person:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits; and<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits; and<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal;<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 a transient circus company not based in the State of Texas, if:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 the prohibited animal is used as an integral part of the circus performances;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 the animal is kept within the city only during the time the circus is performing in the city; and<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 the circus:<\/p>\n<p>(i)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits;<\/p>\n<p>(ii)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(iii)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(7)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(8)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(9)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits; and<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the prohibited animal;<\/p>\n<p>(10)\u00a0\u00a0\u00a0\u00a0 a person whose only business is to supply nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class &#8220;A&#8221; or Class &#8220;B&#8221; dealer&#8217;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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 the prohibited animal is a nonhuman primate owned by and in the custody and control of the person;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 the person has all required state and federal licenses and permits;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 the person is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(11)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 the prohibited animal is an integral part of the species survival plan;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 the person has all required state and federal licenses and permits;<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 the person is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(D)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(12)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(A)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits;<\/p>\n<p>(B)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the animal; and<\/p>\n<p>(C)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><strong><a name=\"s762\"><\/a>SEC. 7-6.2.\u00a0\u00a0\u00a0\u00a0 REGULATED ANIMALS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 has all required state and federal licenses and permits; and<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 is in compliance with all federal, state, and city laws or regulations applicable to the regulated animal.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 Regulated animal permits are classified as follows:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 The permit is valid for a period designated by the director not to exceed 10 days.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 The fees for a regulated animal permit are as follows:<\/p>\n<p>Type of Permit\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Fee<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 Annual\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $500<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 Temporary\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $100<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 A regulated animal permit is nontransferable, and the permit fee is nonrefundable.<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the name, address, and telephone number of the applicant;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 the exact location where each regulated animal is to be kept; and<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 any other information the director determines necessary to the enforcement and administration of this section.<\/p>\n<p>(h)\u00a0\u00a0\u00a0\u00a0 An application for a regulated animal permit must be accompanied by:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the applicable regulated animal permit fee set forth in Subsection (e) of this section;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 proof, in a form acceptable to the director, that the applicant has the liability insurance required in Subsection (i) of this section; and<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 if the applicant holds a Class &#8220;A&#8221; or Class &#8220;B&#8221; dealer&#8217;s license or a Class &#8220;C&#8221; exhibitor&#8217;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.<\/p>\n<p>(i)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(j)\u00a0\u00a0\u00a0\u00a0 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&#8217;s enclosure, and the owner&#8217;s records relating to the animal to ensure compliance with this section.<\/p>\n<p>(k)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(l)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(m)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(n)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(o)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 protects and enhances the public&#8217;s health and safety;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 prevents escape by the animal; and<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 provides a safe, healthy, and humane environment for the animal.<br \/>\n(p)\u00a0\u00a0\u00a0\u00a0 An owner of a regulated animal shall keep and confine the animal in accordance with the caging requirements and standards established by the director.<\/p>\n<p>(q)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 facilities and operations;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 animal health and husbandry; and<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 veterinary care.<\/p>\n<p>(r)\u00a0\u00a0\u00a0\u00a0 An owner of a regulated animal commits an offense if he fails to comply with this section.\u00a0 Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.<\/p>\n<p>(s)\u00a0\u00a0\u00a0\u00a0 The director shall deny issuance or renewal of a regulated animal permit if the applicant:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 makes a false statement of material fact on an application for a regulated animal permit;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 is not in compliance with this section or Article III of this chapter;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 is not in compliance with any conditions of the permit or any rules established by the director relating to the regulated animal;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 has had a regulated animal permit revoked by the director within the preceding 12 months; or<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 intentionally or knowingly impeded a lawful inspection by the director or the director&#8217;s authorized representative.<\/p>\n<p>(t)\u00a0\u00a0\u00a0\u00a0 The director shall revoke a regulated animal permit if the director determines that the permit holder has:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 made a false statement of material fact on an application for a regulated animal permit;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 violated a provision of this section or Article III of this chapter;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 violated a condition of the permit or a rule established by the director relating to the regulated animal; or<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 intentionally or knowingly impeded a lawful inspection by the director or the director&#8217;s authorized representation<\/p>\n<p>(u)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 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.\u00a0 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)<\/p>\n<p><strong>ARTICLE VII. MISCELLANEOUS.\u00a0<\/strong><br \/>\n<strong><a name=\"s771\"><\/a>SEC. 7-7.1.\u00a0\u00a0\u00a0\u00a0 INTERFERENCE WITH AN ANIMAL SERVICES OFFICER.\u00a0<\/strong><br \/>\nA 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)<\/p>\n<p><strong><a name=\"s772\"><\/a>SEC. 7-7.2.\u00a0\u00a0\u00a0\u00a0 SALE OF ANIMALS FROM PUBLIC PROPERTY.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 any public property; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that the person is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 animal services; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 an animal adoption agency. (Ord. 26024)<\/p>\n<p><strong><a name=\"s773\"><\/a>SEC. 7-7.3.\u00a0\u00a0\u00a0\u00a0 KEEPING OF ROOSTERS.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 In this section, ROOSTER means the male of the domestic fowl.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 A person commits an offense if he owns a live rooster on any premises within the city.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (b) that the rooster is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 kept on premises upon which animal production is permitted under Section 51A-4.201 of the Dallas Development Code;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 being exhibited at the State Fair of Texas or at a special event conducted with written permission of the city;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 owned by a governmental entity or participating in a health, research, educational, or similar program conducted by a governmental entity;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 owned by a medical, educational, or research institution operating in compliance with all city ordinances and state and federal laws; or<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 being held for slaughter in a slaughterhouse or meat packing plant operating in compliance with all city ordinances and state and federal laws.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 A person who owns a live rooster commits an offense if he:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 fails to confine the rooster at all times within an enclosure that is of sufficient height and strength to retain the rooster;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 confines the rooster in an enclosure that is wholly or partially located less than 20 feet from any adjacent property line;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 allows the rooster to violate the noise restrictions of Section 7-7.4 of this chapter.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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)<\/p>\n<p><a name=\"s774\"><\/a><strong>SEC. 7-7.4.\u00a0\u00a0\u00a0\u00a0 DISTURBANCE BY ANIMALS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 Noise made by an animal is unreasonable under this subsection if the noise:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 continues more than 15 consecutive minutes; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 exceeds the sound pressure level allowed in a residential district under the Dallas Development Code.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 The director shall mail to the animal&#8217;s owner a notice that the disturbance complaint has been received.\u00a0 A copy of the notice must be mailed to the complainant.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the complainant may file a complaint, in writing, with the city attorney; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the director may issue a citation to the owner for the violation of this section. (Ord. 26024)<\/p>\n<p><strong><a name=\"s775\"><\/a>SEC. 7-7.5.\u00a0\u00a0\u00a0\u00a0 VACCINATION OF FERRETS.\u00a0<\/strong><br \/>\n(a)\u00a0\u00a0\u00a0\u00a0 An owner of a ferret commits an offense if:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 the ferret is not currently vaccinated; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 It is a defense to prosecution under Subsection (a) that the ferret is:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 under four months of age; or<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 unable to be vaccinated due to health reasons as verified by a licensed veterinarian.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 name, address, and telephone number of the owner;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 animal identification, including species, sex, age, size (pounds), predominant breed, and color;<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 vaccine used, producer, expiration date, and serial number;<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 date vaccinated and expiration date of the certificate of vaccination;<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 rabies tag number; and<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 veterinarian&#8217;s signature and license number. (Ord. 26024)<\/p>\n<p><a name=\"s776\"><\/a><strong>SEC. 7-7.6.\u00a0\u00a0\u00a0\u00a0 ANIMALS AS PRIZES, PROMOTIONS, AND NOVELTIES.\u00a0<\/strong><br \/>\nA 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0\u00a0 a prize;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 an inducement to enter a place of amusement or a business establishment; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 an inducement to participate in a charitable fund- raising event. (Ord. 27250)<\/p>\n<p><strong>ARTICLE VIII. VIOLATIONS, PENALTIES, AND ENFORCEMENT.\u00a0<\/strong><br \/>\n<strong><a name=\"s781\"><\/a>SEC. 7-8.1.\u00a0\u00a0\u00a0\u00a0 VIOLATIONS; CRIMINAL AND CIVIL PENALTIES.\u00a0<\/strong><\/p>\n<p>(a)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(b)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(c)\u00a0\u00a0\u00a0\u00a0 The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.<\/p>\n<p>(d)\u00a0\u00a0\u00a0\u00a0 Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 $2,000 if the provision violated governs public health or sanitation;<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 the amount fixed by state law if the violation is one for which the state has fixed a fine; or<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 $500 for all other offenses.<\/p>\n<p>(e)\u00a0\u00a0\u00a0\u00a0 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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 $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).<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 $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<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 $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.<\/p>\n<p>(f)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 At no time may the minimum fine exceed the maximum fine established in Subsection (d).<\/p>\n<p>(g)\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n<p>(h)\u00a0\u00a0\u00a0\u00a0 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.\u00a0 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)<\/p>\n<p><strong><a name=\"s782\"><\/a>SEC. 7-8.2.\u00a0\u00a0\u00a0\u00a0 ADDITIONAL ENFORCEMENT PROVISIONS.\u00a0<\/strong><\/p>\n<p>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:<\/p>\n<p>(1)\u00a0\u00a0\u00a0\u00a0 Require the person, at the person&#8217;s expense, to attend a responsible pet ownership program approved by the director.<\/p>\n<p>(2)\u00a0\u00a0\u00a0\u00a0 Revoke any permit issued to the person under this chapter.<\/p>\n<p>(3)\u00a0\u00a0\u00a0\u00a0 Order the impoundment of any animal owned by the person, forfeit the person&#8217;s ownership of the animal, and award the animal to the city.<\/p>\n<p>(4)\u00a0\u00a0\u00a0\u00a0 Suspend the person&#8217;s right to own an animal in the city for a period of time as specified by the court.<\/p>\n<p>(5)\u00a0\u00a0\u00a0\u00a0 Require the person to have any animal owned by the person spayed or neutered within a time period specified by the court.<\/p>\n<p>(6)\u00a0\u00a0\u00a0\u00a0 Impose any other conditions or restrictions that would reasonably abate the violation for which the person was convicted. (Ord. 26024)<\/p>\n<p><a name=\"s783\"><\/a><strong>SEC. 7-8.3.\u00a0\u00a0\u00a0\u00a0 PARENT&#8217;S ULTIMATE RESPONSIBILITY.\u00a0<\/strong><br \/>\nIf 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)<\/p>\n<p>&nbsp;<\/p>\n<\/section>\n<\/article>\n<div class=\"al_addthis\"><\/div>\n<\/div>\n<div id=\"_atssh\"><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Coming Soon! Laws for Paws will create advocacy thought meaningful discussions with our City and District Attorney&#8217;s offices. Goal: Laws for Paws will bring animals advocates, law enforcement, and prosecutors together to re-shape city animal ordinances to better serve and protect our animals. The panel will facilitate open discussion with the community about how to advocate and update our city ordinances to make animal compliance, neglect, and abuse laws more enforceable and prosecutable. Dallas Animal Services is responsible for the care and control of the City\u2019s pet population by enforcing Dallas City Code, Chapter 7 \u2010 Animals and the Texas Rabies Control Act. In June 2008, the Animal Shelter Commission conducted a comprehensive overhauled of the City\u2019s Chapter 7 animal ordinances. In an effort to reinforce responsible pet ownership and education, the City Council adopted new these recommended amendments to the Animal Ordinance. The new regulations strengthened the City\u2019s laws governing animal ownership. They included: Establishing a $70 fee for Intact Animal Permits Limiting the number of dogs and cats in a detached single\u2010family home Prohibiting the use of animals as prizes Allowing the seizure and impoundment of a dog deemed dangerous Restricting tethering of unsupervised dogs to the amount of time \u2028necessary to complete a temporary task In 2015, the community became increasing frustrated by conflicting information and unresponsiveness from 311, 911, and Dallas Animal Services regarding information about animal ordinances, enforcement, and illegal vending of animals. To help better understand our laws, Gypsy Dog Ops and the Oak Cliff Animal Initiative invited the Assistant City Prosecutor, Mai Brock, to speak to the community about illegal vending laws as they applied to our community\u2019s animals. Ms Brock answered many of our questions, but all involved found the answers to be unsatisfactory and the illegal vending law essentially unenforceable. For example, the language for tethering laws provides for \u201ctime to complete a temporary task\u201d. The prosecutors find the definition too ambiguous and difficult\u00a0to prosecute. It was clear, the laws need to be reviewed and tightened to make compliance, enforcement, and prosecution effective. We have been told that part of the role of the Animal Commission is to help assess current laws and make recommendations to the city. We are not seeing that kind of overarching stewardship from the current commission and are asking the community to participate in a grass roots effort to help shape the law and allow us to take back our neighborhoods from the plague of loose incompliant animals roaming our streets as we simultaneously create and spread a spay and neuter culture in the city of Dallas. In 2010, the Quality of Life Committee was briefed by animal attorney Yolanda Eisenstein on: \u201cThe Relationship Between Animal Cruelty and Human Violence\u201d. The Committee was told that, \u201cAnimal Cruelty Destabilizes Communities and Neighborhoods. The condition of a society in part is reflected in: The extent to which we obey or violate the law. The extent to which the law is enforced. Animal cruelty seen as reflecting general level of lawlessness.\u201d CC-ed on the presentation material was Assistant City Manager, AC Gonzalez, who has moved on to become the current day City Manager. Clearly, our city manager is not getting the message and does not understand the correlation between quality of life and safety in our neighborhoods with loose, incompliant animals and enforcement issues due to budget, city priorities, training, staffing, and enforceable laws. In 2010, the Humane Society of the United States conducted a comprehensive shelter evaluation of Dallas Animal Services. It was the observation of The HSUS team that the degree of enforcement of a violation depended upon the individual officer\u2019s interpretation of the infraction. The HSUS recommended DAS: Review ordinances yearly to gauge effectiveness of the animal control program and to ensure that the mission of creating safe neighborhoods for both people and pets are being met. Promote the agency\u2019s website as a source of information about animal control ordinances. Provide ASOs with a synopsis of local animal control laws as well as pertinent state cruelty laws for distribution to the public. Additionally, the HSUS report found \u201cobvious dichotomy between the City Council\u2019s goals and the goals of the Animal Shelter Commission as well as the animal welfare community. The latter two placed a high priority on moving the community toward lower euthanasia rates. On the other hand, The City Council established a goal to increase impoundment\u2014the FY09\u201010 City Council objective to impound 37,713 animals represented an 85% increase over FY08\u201009. Industry data reveals a strong relationship between animal impoundment and animal euthanasia; as animal impoundment numbers increase, so will euthanasia numbers. This disparity in goals was fueling a continuing conflict between the City Council, DCCS leadership, DAS management and staff, the Animal Shelter Commission, the nonprofit animal welfare community, and the public&#8230;It was clear that the goals and priorities established by the Commission were in conflict with the DCCS\u2019S goals, as well as with the stated goals of the City Council.&#8221; So there you have it, straight from the Humane Society of the United States, the core\u00a0problem today reflects the HSUS report of conflicting interests and objectives between our elected city council and our civil servant leadership which causes friction and ineffectiveness. As we have identified before and by their own admission, DAS no longer picks up loose dogs as they do not see the return on investment. In 2014, DAS wrote an absurdly low number of citations for a city of our size and caliber. As we look to solve our safety and quality of life issues caused by animal issues, we propose a healthy and productive community discussion will include representatives from: DA&#8217;s office City Attorney \/ Specialty animal issues Our Community Prosecutor \/ Yulise Waters SPCA investigator SPCA leadership HSNT representative The commission rep from District 1 \/ Chris Watts NPO or community coordinator from the police department \/ Donna H or her recommend Texas Humane Legislation Network (THLN) Former commission members and DACA members \u202aAndrea H. Allen Julie McKinney Skip Trimble [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":7069,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[24,10,1],"tags":[],"class_list":["post-7049","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-follow-our-progress-with-the-city","category-this-that","category-uncategorized"],"jetpack_featured_media_url":"http:\/\/www.gypsydogops.com\/wp-content\/uploads\/2015\/06\/keep-calm-and-change-the-law_v7ee.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/posts\/7049","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7049"}],"version-history":[{"count":31,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/posts\/7049\/revisions"}],"predecessor-version":[{"id":7084,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/posts\/7049\/revisions\/7084"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=\/wp\/v2\/media\/7069"}],"wp:attachment":[{"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7049"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7049"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.gypsydogops.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7049"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}