cedar park, tx chapter 2 animal controlrpoatexasoutreach.org/action_alerts/cedarpark... · a dog...

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CEDAR PARK, TX CHAPTER 2 ANIMAL CONTROL

ARTICLE 2.01 ADMINISTRATION AND GENERAL PROVISIONS

Sec. 2.01.001 Definitions

Unless specifically defined below, words and phrases used in this Chapter shall be construed so

as to give them the same meaning as they have in common usage and so as to give these

provision the most reasonable application, and as used herein, the singular shall include the

plural and the plural the singular, and the masculine shall include the feminine and the feminine

the masculine.

RPOA: “Animal” is highlighted throughout this ordinance to show the folly of your “Animal”

Definition and unintended consequences. There should be clarification in all sections as to

which animals are being referenced.

“At Large” Sections in two places should be combined for clarity and lack of conflicting

provisions.

“Unlawful Restraint” or Tethering references should all be contained in one section in order not

to conflict.

Abandon. To leave an Animal without care or custody.

Animal. Any living mammal, reptile, amphibian, fish, bird, insect, or arachnid, whether

domesticated or wild, except humans.

RPOA: This definition is used throughout the ordinance and does NOT reflect the true intent of

many provisions. We’ve highlighted the word “Animal” for you to see the problem in most

areas. It will be quite difficult to enforce the “animal” ordinance provisions regarding every

reptile, amphibian, fish, bird, insect, or arachnid, whether domesticated or wild, in Cedar Park

besides all dogs and cats. Yet that is what this ordinance mandates.

Animal Control. The Animal Control Division of the Cedar Park Police Department, including

Animal Control Officers and staff.

Animal Control Officer. An employee or agent of the City, designated by the Chief of Police, to

administer and enforce the licensing, inspection, and enforcement requirements contained within

this Chapter; the terms shall also include peace officers, code enforcement officers, and such

other persons designated by the City to enforce the provisions of this Chapter.

RPOA: Animal Ordinances should only be enforced by trained animal control officers; trained

as required by state law.

At Large. (A) Any Dog not on its Owner’s property or the property of another person with such owner’s

consent which is:

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(1) not restrained by means of a leash or chain not more than six (6) feet in length or

overhead cable/trolley system of sufficient strength to control the actions of such Dog;

RPOA: This conflicts with Article. 06.002 Unlawful Restraint of Dogs. Length of

Chain allowing 10 ft.chains, etc.

(2) not fully contained within a cage, crate, kennel, or similar enclosure; or

(3) not fully confined to such property by a confinement fence of sufficient height

and strength, excluding a buried electrical fence, or by means of a leash or chain not more

than six (6) feet in length or overhead cable/trolley system of sufficient strength to

prevent the Dog from escaping the property and so arranged that the Dog shall remain

upon the property the device is stretched to full length, and with such property owner’s

consent;

RPOA: This conflicts with Article. 06.002 Unlawful Restraint of Dogs. Length of

Chain etc.

(B) Any Livestock or Fowl on its Owner’s property or the property of another, regardless of

consent, if such Livestock or Fowl is not fully confined as required by Article 2.05 of this

Chapter; or

(C) Any Animal, other than a Dog, Cat, Livestock, or Fowl, not on its Owner’s property or the

property of another person with such owner’s consent.

Buried Electrical Fence or Invisible Fence. A training device only, and not to be constructed as

an adequate containment fence, which uses a buried wire along the perimeter of a premises that

transmits a signal to a receiver attached to the collar of the Dog, which gives the Dog an

electronic shock or other warning when the Dog approaches the buried perimeter.

Cat. Any domesticated feline or member of the family Felis domestica, not including feral or

wild felines.

Certified Assistance Animal. An Animal that is specially trained or equipped to help a person

with a disability and that: (A) is used by a person with a disability who has satisfactorily

completed a specific course of training in the use of the Animal; and (B) has been trained by an

organization generally recognized by agencies involved in the rehabilitation of persons with

disabilities as reputable and competent to provide Animals with training of this type, as defined

in Section 121.002 of the Texas Human Resources Code, as amended.

RPOA: THIS IS NOT CORRECT. The ADA defines a service animal as any guide dog, signal

dog, or other animal trained to provide assistance to an individual with a disability. Although a

number of states have programs to certify service animals, businesses may NOT insist on proof

of state certification before permitting the service animal to accompany the person with a

disability. http://www.ada.gov/qasrvc.htm

City of Cedar Park or City. The City of Cedar Park, Texas, a municipal corporation duly

formed pursuant to the laws of the State of Texas and having its principal place of business at

600 N. Bell Boulevard, Cedar Park, Texas 78613, including its officers, employees, agents, and

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representatives, and the corporate and extra-territorial boundaries within which the provisions of

this Chapter may be enforced.

Cruelly Treated. Any Animal which has been tortured, seriously overworked, unreasonably

abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, or caused

to fight with another Animal, in accordance with Section 821.021, Texas Health & Safety Code,

et seq, as amended.

Dangerous Cat. A Cat that: (A) makes an unprovoked attack on a person that causes bodily

injury and occurs in a place other than an enclosure in which the Cat was being kept and that was

reasonably certain to prevent the Cat from leaving the enclosure on its own; (B) commits

unprovoked acts in a place other than an enclosure in which the Cat was being kept and that was

reasonably certain to prevent the Cat from leaving the enclosure on its own and those acts cause

a person to reasonably believe that the Cat will attack and cause bodily injury to that person.

Dangerous Dog. A Dog that: (A) makes an unprovoked attack on a person that causes bodily

injury and occurs in a place other than an enclosure in which the Dog was being kept and that

was reasonably certain to prevent the Dog from leaving the enclosure on its own; or (B) commits

unprovoked acts in a place other than an enclosure in which the Dog was being kept and that was

reasonably certain to prevent the Dog from leaving the enclosure on its own and those acts cause

a person to reasonably believe that the Dog will attack and cause bodily injury to that person, as

defined by Texas Health & Safety Code § 822.041(2), as amended.

Dangerous Wild Animal. A lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx,

serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, or any

hybrid thereof, as defined by Section 822.101, Texas Health & Safety Code, as amended, in

addition to any Animal of a species that is wild by nature, normally found in a wild state, not

naturally tame or gentle, and/or because of its size, toxicity, vicious nature, or other

characteristics constitutes a danger to public health, safety, or welfare, including but not limited

to, the following: all non-human primates, all four-legged mammals (other than Dogs, Cats,

ferrets, gerbils, hamsters, mice, pot-bellied pigs, rabbits, and Livestock, as permitted herein this

Chapter), all venomous reptiles and amphibians of any size and constricting reptiles of six (6)

feet or more in length, all birds (other than Fowl and common household birds, as permitted by

this Chapter), alligators, bats, crocodiles, emus, ostriches, or any hybrid of such Animals.

Director. The local, state, or federal enforcement body or authorized representative having

jurisdiction over a Food Establishment, as defined by 25 TAC § 229.162(83), as amended.

Dog. Any domesticated canine or member of the family Canis lupus familiaris.

Food Establishment. (A) An operation that stores, prepares, packages, serves, vends, or otherwise provides food for

human consumption:

(1) such as a restaurant; retail food store; satellite or catered feeding location; catering

operation if the operation provides food directly to a consumer or to a conveyance used to

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transport people; market; vending location; conveyance used to transport people; institution; or

food bank; and

(2) that relinquishes possession of food to a consumer directly, or indirectly through a

delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery

service that is provided by common carriers.

(B) Food Establishment includes:

(1) an element of the operation such as a transportation vehicle or a central preparation

facility that supplies a vending location or satellite feeding location unless the vending or feeding

location is permitted by the regulatory authority; and

(2) an operation that is conducted in a mobile, stationary, temporary, or permanent facility or

location; where consumption is on or off the premises; and regardless of whether there is a

charge for the food.

(C) Food Establishment does not include:

(1) an establishment that offers only prepackaged foods that are not potentially hazardous;

(2) a produce stand that only offers whole, uncut fresh fruits and vegetables;

(3) a food processing plant;

(4) a kitchen in a private home if only food that is not potentially hazardous is prepared for

sale or service at a function such as a religious or charitable organization's bake sale if allowed

by law;

(5) an area where food that is prepared as specified in subparagraph (C)(4) of this paragraph

is sold or offered for human consumption;

(6) a bed and breakfast facility; or

(7) a private home that receives catered or home-delivered food.

As defined by Title 25 of the Texas Administrative Code, Section 229.162(40), as amended.

Fowl. Any birds belonging to the gamefowl, landfowl (Galliformes), or waterfowl

(Anseriformes) biological orders, including but not limited to poultry, chickens, guineas, laying

hens, turkeys, guineas, ducks, geese, pheasants, quails, peacocks, emus, and ostriches.

Livestock. Domesticated mammals and fowl, other than Dogs, Cats, ferrets, gerbils, hamsters,

mice, pot-bellied pigs, rabbits, and common household birds, including but not limited to horses,

cows, mules, goats, sheep, miniature horses, and other similar Animals traditionally raised in an

agricultural setting.

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Microchip or Chip. An integrated circuit placed under the skin of an Animal for purposes of

facilitating identification of the Animal.

Municipal Court. The City of Cedar Park Municipal Court, including its staff.

Off-Leash Area. A designated area of a City park facility within which Dogs may freely roam in

compliance with posted rules for such City park facility and/or area.

Owner. Any person or persons, association, or entity, including any member of Owner’s

immediate family, employee, or agent, having the right of property, care, custody, or control of

an Animal, who keeps, maintains, feeds, or harbors an Animal, or who knowingly permits an

Animal to remain on or about any premises occupied by such person or persons, firm,

association, or corporation for a period of three (3) days or more.

RPOA: If animals remain “on or about any premises occupied by persons for 3 days” – this does

not make these persons their “owners!”

Police Department. The City of Cedar Park Police Department, including its officers and staff.

Public Nuisance or Public Nuisance Animal. Any Animal within the City that unreasonably

disturbs, annoys, or alarms persons of ordinary sensibility, endangers the public health, safety, or

welfare, or substantially interferes with the rights of citizens to quiet enjoyment of life or

property, including but not limited to:

(A) An Animal that makes disturbing noises, including but not limited to, continued and repeated

howling, barking, whining, meowing, crowing, or other utterances in an excessive, continuous or

unreasonable fashion or at unreasonable hours, causing annoyance, disturbance, or discomfort to,

or disrupting the quiet enjoyment of neighbors or others in close proximity to the premises where

the Animal is kept or harbored;

(B) Any Dog in a park or public recreation area, unless the Dog is controlled by a leash or

similar physical restraint or within a designated Off-Leash Area within a City park facility, in

compliance with posted rules at such City Park facility and/or Off-Leash Area;

(C) Any Animal that damages any property other than that of its Owner;

(D) Any Animal that defecates on any common thoroughfare, street, sidewalk, passageway, road

bypass, play area, park or any place where people congregate or walk upon any public property

whatsoever, or upon any private property without the permission of the private property owner, if

the Owner of such an Animal that soils, defiles, or defecates on any of the above areas fails to

immediately remove the pet feces and droppings and place them in a designated waste receptacle

or other suitable waste container;

(E) Any Animal that is found At Large more than three (3) times;

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(F) Any Animal that causes unsanitary conditions in enclosures or surroundings where the

Animal is kept or harbored, or that causes noxious or offensive odors which would be

unreasonably annoying or discomforting to neighbors or others in close proximity to the

premises where the Animal is kept or harbored;

(G) Any female Animal in heat (estrus) that is not confined so as to prevent attraction or contact

with Animals other than the Owner’s, unless for the purpose of planned breeding in compliance

with all local, state, and federal laws;

(H) Any Animal, whether or not on the property of its Owner, that with or without provocation,

molests, attacks, or otherwise interferes with the freedom of movement of persons in a public

right-of-way;

(I) Any Dog or Cat that: (A) makes an unprovoked attack on a person that causes bodily injury

and occurs in a place other than an enclosure in which the Dog or Cat was being kept and that

was reasonably certain to prevent the Dog or Cat from leaving the enclosure on its own; or (B)

commits unprovoked acts in a place other than an enclosure in which the Dog or Cat was being

kept and that was reasonably certain to prevent the Dog or Cat from leaving the enclosure on its

own and those acts cause a person to reasonably believe that the Dog or Cat will attack and cause

bodily injury to that person;

(J) Any Animal that chases motor vehicles in a public right-of-way;

(K) Any Animal that bites, stings, pinches, attacks, or causes bodily injury to a person or

Animal;

(L) Any Dog in violation of posted rules governing a City park facility and/or Off-Leash Area;

(M) Any Dog or Cat four (4) months of age or older in excess of an aggregate total of seven (7)

being kept, maintained, fed, or harbored about the Owner’s property within a Single Family

District or Residential District, as defined and designated pursuant to Chapter 11 (Zoning) of this

Code;

RPOA: THIS SECTION SHOULD BE DELETED! NO PET LIMITS! Some people can own

and neglect one dog/cat that is a Public Nuisance and others own 15 animals that do not bother

anyone and are well cared for. Numbers of pets owned should never be the definition of “Public

Animal Nuisance.”

(N) Any Dangerous Wild Animal, as defined by Section 822.101, Texas Health & Safety Code,

or this Section, as amended; or

(O) Any Animal that is offensive or a threat to the public health, safety or welfare by virtue of

the number of Animals maintained at a single property or the inadequacy of the conditions or

facilities.

RPOA: Again … Numbers of Animals maintained at a single property does not mean they are a

nuisance or have inadequate conditions or facilities. This is covered under Animal Cruelty

Provisions. Or Barking, Noise, etc.

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Register or Registration. The responsibility of the Owner of Dog and Cat of four (4) months of

age or older to provide information to the City and obtain from the City a license for such Dog or

Cat, unless such Dog or Cat shall be temporarily within the possession of a veterinarian, pet

shop, animal shelter, or humane society.

Registration Tag or Tag. An identification tag issued by an Animal Control Officer or their

designee.

Sanitary. A condition of good order and cleanliness to minimize the possibility of disease

transmission.

Serious Bodily Injury. 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, pursuant to Section 822.001(2), Texas Health & Safety Code, as

amended.

Shelter. A structurally sound and weatherproof shelter consisting of at least three (3) sides and a

covered roof which provides access to shade from direct sunlight and regress from extremes of

temperature, thereby providing for an Animal’s health and comfort.

Tattoo. An indelible identification number placed on an Animal by means of inserting pigment

under the Animal’s skin.

Sec. 2.01.002 Administration

(A) Appointment and Duties of Animal Control Officer. The city manager or their designee

shall appoint an Animal Control Officer and such assistants as may be required to enforce the

provisions of this Chapter. An Animal Control Officer’s duties shall include enforcement of all

City and State ordinances and laws controlling the activities of wild and domestic animals within

the City and shall be empowered to take all actions provided herein this Chapter, including but

not limited to the authority to issue citations to persons who violate such laws or ordinances and

for which the individual shall appear, pursuant to the lawfully issued citation or summons, at

Municipal Court to respond to the alleged charge(s).

RPOA: Animal Ordinances should only be enforced by trained animal control officers; trained

as required by state law – NOT “such assistants as may be required.”

(B) Local Rabies Control Authority. The supervisor of Animal Control is hereby designated as

the Local Rabies Control Authority for the purposes of Chapter 826 of the Texas Health &

Safety Code (Rabies Control Act of 1982), as amended, and shall be responsible for performing

the duties and responsibilities provided herein.

Sec. 2.01.003 Enforcement; penalty

(A) Primary enforcement of the provisions of this Chapter are vested in the Animal Control

Officers; however, these provisions may also be enforced by peace officers, code enforcement

officers, and such other persons as are designated by the City. Any and all references to Animal

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Control and/or Animal Control Officer herein shall contemplate and include each of the

aforementioned individuals.

RPOA: Animal Ordinances should only be enforced by animal control officers; trained as

required by state law or code enforcement officers.

(B) Unless otherwise stated herein, the provisions of this Chapter are enforceable against an

Owner and/or their Animal as set forth herein. Owner(s) of Animal(s) alleged to be in violation

of this Chapter are responsible for such violations and subject to the penalty provisions of this

Chapter and this Code of Ordinances, as amended.

(C) It shall be unlawful for any person to interfere with, obstruct, resist or oppose any

enforcement of the provisions of this Chapter by an Animal Control Officer.

(D) In the enforcement of this Chapter, any person authorized to enforce the provisions of this

Chapter shall have the authority to immediately tranquilize, capture, restrain, and/or destroy any

animal to protect themselves, a third person, or another Animal from attack or threat of imminent

injury, to prevent an Animal from enduring further unreasonable pain or suffering as a result of

disease or injury, or when the Animal Control Officer deems such Animal a threat to the public

health, safety, or welfare.

(E) Any person authorized to enforce the provisions of this Chapter shall have the right to

pursue and apprehend an At Large Animal considered a nuisance onto private property without

first requesting permission from the owner of the private property or without obtaining a search

warrant.

RPOA: This is not true … warrant required unless possibly a matter of public safety and only

then to unfenced areas of premises.

(F) Unless otherwise provided by State law, any violation of this Chapter may be charged as a

Class C Misdemeanor; and upon conviction, an Owner shall be fined as provided for in the

general penalty provision in Section 1.01.009 of this Code of Ordinances, as amended. For those

violations that are of a continuous nature, a separate offense shall be deemed committed upon

each day during or on which a violation occurs or continues and such fine may be levied for each

day that a violation exists.

(G) If an Owner has been previously convicted of an offense under this Chapter and the Owner

is subsequently convicted of an offense under the same provision of this Chapter, the Owner may

be subject to an enhanced fine as set by the Municipal Court.

Sec. 2.01.004 Severability

If any one or more of these Sections, provisions, clauses, terms, or words of this Article or the

application of such Sections, provisions, clauses, terms, or words to any situation or

circumstance shall for any reason be held to be invalid or unconstitutional, such invalidity or

unconstitutionality shall not affect any other Sections, provisions, clauses, terms, or words of this

Article or the applications of such Sections, provisions, clauses, terms, or words to any other

situations or circumstance, and it is intended that this Article shall be severable and shall be

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construed and applied as if any such invalid or unconstitutional Section, provision, clause, terms,

or word had not been included herein.

ARTICLE 2.02 VACCINATION & REGISTRATION

Sec. 2.02.001 Vaccination

Every Dog and Cat over the age of sixteen (16) weeks shall be vaccinated against rabies, as

required by Section 169.29(a) of the Texas Administrative Code, as amended, which provides

that every owner of a Dog or Cat shall have the Animal vaccinated against rabies by the time

such an Animal is sixteen (16) weeks of age, and that the Animal must receive a rabies booster

within the twelve (12) month interval following the initial vaccination. Additionally, if the

booster was with a triennial vaccine, such Dog or Cat must thereafter be re-vaccinated within

thirty-six (36) months of the previous vaccination. If the booster was with an annual vaccine, the

animal must be re-vaccinated within twelve (12) months. Animals shall be revaccinated

thereafter within thirty-six (36) months if the previous vaccination was with a triennial rabies

vaccine or within (12) months if the previous vaccination was with an annual rabies vaccine. It

shall be unlawful for an Owner to keep, maintain, feed, or harbor within the City any Dog or Cat

over the age of sixteen (16) weeks which has not been vaccinated.

Sec. 2.02.002 Registration

(A) To facilitate identification and recovery of Dogs and Cats, every Dog and Cat over the age

of sixteen (16) weeks being kept, maintained, fed, or harbored within the City shall be

Registered, and it shall be unlawful for the Owner of any Dog or Cat over the age of sixteen (16)

weeks to keep, harbor, or maintain the Dog or Cat within the City unless a Registration fee has

been paid to and a Registration Tag provided by the City for such Dog or Cat. The Registration

fees set forth in the Appendix 1 of this Chapter shall be due and payable on or before the date of

each year that is the annual or triennial anniversary of the previous annual or triennial rabies

vaccination, respectively. The Owner of a Dog or Cat that has received a triennial vaccine may

pay the triennial Registration fee for the period corresponding to such triennial vaccination. The

Owner of the Dog or Cat shall pay a penalty of One Dollar ($1.00) for each month that the

Owner fails to pay the Registration fee.

(B) At the time of an application for Registration, the Owner of a Dog or Cat shall present a

written certificate of anti-rabies vaccination by a veterinarian. The certificate shall show the

name and address of the Owner of the Dog or Cat, shall contain a description of the color, breed,

sex and weight of the Dog or Cat, together with the type, amount, and duration of vaccine

administered and the date of administration, and shall certify that the Dog or Cat was so

vaccinated and immunized against rabies as required by Section 169.29(a) of the Texas

Administrative Code, as amended. No Registration fee shall be accepted unless accompanied by

the presentation of the current certificate of anti-rabies vaccination.

Sec. 2.02.003 Registration Tags to be issued

(A) Upon presentation to Animal Control of a completed application for Registration, a

certificate of anti-rabies vaccination, and payment of the applicable Registration fee, Animal

Control shall issue to the Owner a metallic Registration Tag which shall at all times be securely

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attached to a collar around the neck of the Dog or Cat for which said Registration fee was paid.

Any Dog or Cat not wearing such collar and Registration Tag shall constitute prima facie

evidence that such Dog or Cat is in violation of this Article.

RPOA: Cats can hang themselves wearing collars. This is so impossible to enforce and places

every dog and cat in the city subject to impoundment, even if confined to own premises.

(B) Alternatively, an Owner may submit to any licensed veterinarian within the City a

completed application for Registration, a certificate of anti-rabies vaccination, and payment of

the applicable Registration fee, and upon receipt of the same, such licensed veterinarian shall

issue to the Owner a metallic Registration Tag which shall at all times be securely attached to a

collar around the neck of the Dog or Cat for which said Registration fee was paid. Any licensed

veterinarian may obtain from Animal Control Registration Tags to be issued to an Owner under

this Article, provided such licensed veterinarian first tenders to Animal Control payment for each

requested Registration Tag. For each Registration Tag issued by a licensed veterinarian under

this Article, the issuing licensed veterinarian shall submit to Animal Control, within fourteen

(14) days of the issuance of a Registration Tag, information relating to the Registration,

including the Owner’s name, address, and phone number; the Dog or Cat’s breed, color, age, sex,

and weight; date and duration (whether annual or triennial) of the Dog or Cat’s most recent anti-

rabies vaccination; and the number of the Registration Tag issued to the Dog or Cat. If any

licensed veterinarian shall fail to comply with this Article, Animal Control may deny future

purchase of Registration Tags for issuance pursuant to this Article.

(C) Confidentiality. A licensed veterinarian collecting Registration information and issuing

Registration Tags under this Article shall not release or disclose information that is contained in

Animal Control’s registry that identifies or tends to identify the Owner or an address, telephone

number, or other personally identifying information of the Owner of the Registered Dog or Cat,

and shall not use the information for a purpose that does not directly relate to the protection of

public health and safety; except that the information may be disclosed only to a governmental

entity or a person that, under a contract with a governmental entity, provides animal control

services or animal registration services for the governmental entity for purposes related to the

protection of public health and safety, pursuant to Section 826.0311, Texas Health & Safety

Code, as amended.

Sec. 2.02.004 Issuance of duplicate Registration Tags

Should a current Registration Tag be lost or destroyed, it shall be the duty of the Owner to

procure a duplicate Registration Tag. Upon Animal Control’s receipt of an Owner’s application

for Registration, certificate of anti-rabies vaccination, and payment of the duplicate Registration

Tag fee provided for in Appendix 1 of this Chapter, Animal Control shall issue a duplicate

metallic Registration Tag which shall at all times be securely attached to a collar around the neck

of the Dog or Cat for which said duplicate Registration Tag fee was paid.

Sec. 2.02.005 Reports of rabies

(A) A person who knows of an Animal bite or scratch to an individual that the person could

reasonably foresee as capable of transmitting rabies, or who knows of an Animal that the person

suspects is rabid, shall report the incident or Animal to Animal Control, in accordance with

Section 826.041, Texas Health & Safety Code, as amended.

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(B) The report must include:

(1) the name and address of the victim and of the Animal's owner, if known; and

(2) any other information that may help in locating the victim or Animal.

(C) Animal Control shall investigate a report filed under this Section.

Sec. 2.02.006 Quarantine of Animals

(A) Animal Control or a licensed veterinarian shall quarantine or test in accordance with Section

826.042, Texas Health & Safety Code, as amended, any Animal that Animal Control or a

licensed veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or

may have exposed a person to rabies.

(B) Also in accordance with Section 826.042, Texas Health & Safety Code, as amended, an

Owner shall submit to Animal Control for quarantine an Animal that:

(1) is reported to be rabid or to have exposed an individual to rabies; or

(2) the Owner knows or suspects is rabid or has exposed an individual to rabies.

(C) A licensed veterinarian shall quarantine an Animal that:

(1) is in the possession of the licensed veterinarian; and

(2) the licensed veterinarian knows or suspects is rabid or has exposed an individual

to rabies.

Sec. 2.02.007 Release or disposition of quarantined Animal

An Animal quarantined under this Article shall be released or disposed of in accordance with

Section 826.043, Texas Health & Safety Code, as amended.

Sec. 2.02.008 Failure to quarantine

A person commits an offense if the person fails or refuses to quarantine or present for quarantine

or testing an Animal that is required to be placed in quarantine or presented for testing under this

Article, as provided by Section 826.044, Texas Health & Safety Code, as amended.

Sec. 2.02.009 Limitation of liability

A licensed veterinarian performing duties under this Article is not liable to the Owner of an

Animal for the death of or injury to the Animal except in a case of willful misconduct or gross

negligence, as provided by Section 826.047, Texas Health & Safety Code, as amended.

Sec. 2.02.010 Exemption from quarantine for police service animals

A police service animal, as defined by Section 38.151, Texas Penal Code, as amended, is exempt

from the quarantine requirement of this Article if the animal bites a person while the animal is

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under routine veterinary care or while the animal is being used for law enforcement, corrections,

prison or jail security, or investigative purposes. If after biting the person the animal exhibits

any abnormal behavior, the law enforcement agency and the animal's handler or rider, as defined

by Section 38.151, Texas Penal Code, as amended, shall make the animal available within a

reasonable time for testing by the local health authority, as provided by Section 826.048, Texas

Health & Safety Code, as amended.

ARTICLE 2.03 PUBLIC NUISANCE ANIMALS

Sec. 2.03.001 Public Nuisance Animals Prohibited

(A) Violation. It shall be unlawful for an Animal to be or create a Public Nuisance within the

City.

(B) Exceptions. It shall not be a violation of this Section:

(1) for an Owner to keep, maintain, feed, or harbor Dogs or Cats in excess of the

aggregate limit of seven (7) in the operation of a veterinary clinic, pet store, kennel,

boarding, breeding, grooming, or training facility, or in the normal course of a business

whose primary function is providing animal-related services, sales, or treatment in

compliance with the City’s Zoning Ordinance (Chapter 11 of this Code) and all

applicable local, state, and federal laws; or

RPOA: Why not? If it is a nuisance for anyone else to have 7 animals, it is a nuisance

for EVERYONE!

(2) for an Owner to keep, maintain, feed, or harbor Dogs or Cats in excess of the aggregate

limit of seven (7) if such Dogs or Cats were Registered under the Owner’s name with the

City on the date of the adoption of this revised Chapter 2 of the Code of Ordinances;

however, any such Dogs or Cats shall be counted in determining the aggregate number of

Dogs and Cats being kept, maintained, fed, or harbored about the Owner’s property, and

any Dog or Cat not so Registered shall not be exempted from the aggregate limit.

RPOA: Should be deleted – not grandfathered.

Sec. 2.03.002 Complaints of Public Nuisance Animals

(A) Whenever any person shall complain to the Animal Control Officer of an alleged Public

Nuisance Animal, an Animal Control Officer shall promptly investigate the complaint and notify

the owner of the Animal that a complaint has been received.

(B) If the Animal Control Officer does not observe a violation of this Article, then the Animal

Control Officer shall promptly provide to the complaining person a Nuisance/Dangerous Animal

Complaint Form.

(C) If the Animal Control Officer observes a violation of this Article, or receives from the

complaining person a signed and completed Nuisance/Dangerous Animal Complaint Form, then

a citation shall be issued to the Owner of the alleged Public Nuisance Animal.

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RPOA: ISSUE A CITATION JUST ON THE BASIS OF A COMPLAINT? There should

definitely be some proof required or violation observed. This will be used in neighbor to

neighbor situations.

Sec. 2.03.003 Completion and submission of Nuisance/Dangerous Animal

Complaint Form

(A) The Nuisance/Dangerous Animal Complaint Form is to be completed voluntarily, truthfully,

and accurately by the complaining person, signed, and then submitted to the Animal Control

Officer, Police Department, or Municipal Court.

(B) By submitting a Nuisance/Dangerous Animal Complaint Form, the complaining person

agrees to testify as the complaining witness if the matter should proceed to trial in Municipal

Court.

RPOA: Doesn’t the Citation mandate an appearance in Court?

ARTICLE 2.04 AT LARGE ANIMALS

Sec. 2.04.001 Unlawful to allow Animal to run At Large

(A) Violation.

. Voice command alone shall not be sufficient restraint, confinement, or control. An At Large

Animal Registered in a person’s name shall constitute prima face evidence that such person is

the Owner and such person allowed the Animal to run At Large. An At Large unregistered

Animal which consistently returns to a residence shall constitute prima face evidence that the

owner, lessee or occupant of such residence is the Owner of the Animal, and that such person

allowed the Animal to run At Large.

(B) Exceptions. It shall not be a violation of this Section:

(1) if an Animal is fully confined within its Owner’s vehicle or trailer, or the vehicle

or trailer of another with such owner’s consent, in compliance with the provisions

of this Chapter; or

(2) if a Dog is within a designated Off-Leash Area within a City park facility, in

compliance with posted rules at such City Park facility and/or Off-Leash Area.

Sec. 2.04.002 Impoundment

(A) Impoundment of Animals running At Large. An Animal Control Officer may seize any

Animal, whether or not vaccinated and/or Registered, found running At Large within the City.

(B) Registry of impounded Animals to be kept. An Animal Control Officer, upon seizing any

Animal, shall make a complete registry entering the breed, color, sex, species of such Animal,

and determine if the Animal is registered. If registered, the Animal Control Officer shall obtain

the name and address of its Owner and the number of the registration tag and make every

reasonable effort to promptly notify the Owner of the impoundment.

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(C) Liability for fees and expenses. The Owner of an impounded Animal shall be responsible

for any fees and expenses incurred by Animal Control, the Williamson County Regional Animal

Shelter, and/or their designee, for seizure, impoundment, medical treatment, and daily care and

boarding of the impounded Animal.

(D) Procedure to redeem impounded Dogs. The Owner of any impounded Dog may redeem

such Dog any time prior to the release to authorized third-party animal adoption agencies, shelter

or rescue group, or destruction as set forth hereinafter by (1) paying the fees and expenses

incurred by Animal Control, the Williamson County Regional Animal Shelter, and/or their

designee, for seizure, impoundment, medical treatment, and care and daily boarding of the

impounded Animal, and (2) having on their person a valid City Registration receipt and

certificate of anti-rabies vaccination showing the Dog to have been vaccinated as required by

Section 169.29(a) of the Texas Administrative Code, as amended. In the event the Dog is not

properly Registered prior to redemption, the Owner must Register said Dog immediately with the

City; however, if the Dog is not vaccinated at the time of redemption, the Owner shall have

vaccinated such Dog, submit to Animal Control a certificate of vaccination for such Dog, and

have such Dog Registered. Failure to submit such certificate of vaccination to Animal Control

and have such Dog Registered within seven (7) days after redemption shall be a violation of this

Section.

(E) Procedure to redeem impounded Animals, other than Dogs. The Owner of any impounded

Animal may redeem such Animal any time prior to the release to authorized third-party animal

adoption agencies, shelter or rescue group, or destruction as set forth hereinafter by paying the

fees and expenses incurred by Animal Control, the Williamson County Regional Animal Shelter,

and/or their designee, for seizure, impoundment, medical treatment, and care and daily boarding

of the impounded Animal.

(F) Authority to request and issue warrants. An Animal Control Officer may apply for and

obtain a warrant or other legal writ from the municipal judge or justice court to seize any Animal

alleged to be in violation of this Chapter. The municipal judge or justice of the peace shall have

the authority to issue such warrant.

RPOA: Citations can be issued without “seizing” animals for Unlicensed dogs/cats, etc. This

type laws turns pet owners against your ordinance at a time when your city should be

encouraging pet owners to license and vaccinate their pets with incentives. Warrants should be

issued for matters of public health and safety – not for EVERY violation of this Chapter.

Sec 2.04.003 Disposition of impounded Animals

(A) Disposition. Any Animal impounded in accordance with the provisions of this Article shall

be kept and so impounded by Animal Control, the Williamson County Regional Animal Shelter,

and/or their designee, for a minimum period of seventy-two (72) hours, unless earlier redeemed

by the Owner. During this period, an Animal Control Officer shall make all reasonable efforts to

identify and contact the Owner of an impounded Animal, including review of the City’s

Registration records, contacting persons in the area where the Animal was found, and

examination for an implanted microchip. At the expiration of the impoundment period, the City

or its designee shall become the Owner of the Animal and be authorized to release the Animal to

the adoption program or an approved animal adoption agency, shelter, or rescue group. Animals

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not deemed acceptable to any Animal adoption agency, shelter, or rescue group shall be

humanely destroyed in compliance with this Chapter. Any Animal adoption agency, shelter, or

rescue group must be registered with the State of Texas and in good standing at all times.

RPOA: There are many good individual rescuers and rescue groups in Texas that are NOT

registered with the state as a non-profit. This will limit your resources.

(B) Animal Control Officer to keep record of disposition of Animals. The Animal Control

Officer or its designee shall keep all records as may be required to show, in detail, the disposition

of all Animals impounded, fees and expenses collected, and such other information as may be

required.

Sec. 2.04.004 Quarantine and impoundment facilities

Unless otherwise expressly stated herein this Chapter, all Animals seized, impounded, or

quarantined by an Animal Control Officer under this Chapter shall be delivered to the

Williamson County Regional Animal Shelter or such other suitable and humane facility as

determined by Animal Control, in accordance with Section 826.051, Texas Health & Safety

Code, as amended.

ARTICLE 2.05 KEEPING OF LIVESTOCK AND FOWL

Sec. 2.05.001 Keeping of Livestock

No person shall keep or harbor any type of Livestock in any area of the corporate limits of the

City that is not zoned such as to permit the keeping of Livestock. Where permitted, all Livestock

weighing twenty (20) pounds or less at maturity shall be contained in a ventilated or open-air

cage, pen, coop, or enclosure and be provided adequate shelter from the elements and a

minimum of three (3) square feet of covered floor space per Animal. All areas within which

Livestock are kept or harbored shall contain clean water and suitable food accessible to the

Livestock and placed such that the Livestock cannot defile their contents, shall be at all times

kept clean and sanitary in accordance with the health and sanitation laws of the State of Texas,

shall not expose the Animal(s) to undue heat or cold, and all cages, pens, coops, and elcosures in

which Livestock are kept or harbored shall be a minimum of twenty-five (25) feet away from any

property lines.

RPOA: “Undue heat or cold” is not defined.

Sec. 2.05.002 Keeping of Fowl

No person shall keep or harbor any type of Fowl in any area of the corporate limits of the City

that is not zoned such as to permit the keeping of Fowl (see Chapter 11 of this Code). Where

permitted, all Fowl shall at all times be confined in a fully enclosed and ventilated or open-air

cage, pen, coop, or enclosure and be provided adequate shelter from the elements and a

minimum of three (3) square feet of covered floor space per Animal sufficient to allow each

Animal room to move around and stand without crowding each other; however, where permitted

on lots of one (1) acre or more, Fowl may be kept or harbored free of such confinement, so long

as the Fowl remains on its Owner’s lot. All cages, pens, coops, or enclosures and areas within

which Fowl are kept or harbored shall contain clean water and suitable food accessible to the

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Fowl and placed such that the Fowl cannot defile their contents, shall be at all times kept clean

and sanitary in accordance with the health and sanitation laws of the State of Texas, shall not

expose the Animal(s) to undue heat or cold, and shall be a minimum of twenty-five (25) feet

away from any property lines.

RPOA: “Undue heat or cold” is not defined.

Sec. 2.05.003 Livestock and Fowl not to run At Large

No person shall cause, permit, or allow Livestock or Fowl to be, and no Owner shall fail to

prevent their Livestock or Fowl from being At Large within the City.

Sec. 2.05.004 Impoundment of Livestock or Fowl

Animal Control Officers are authorized to impound all Livestock or Fowl in violation of this

Chapter, subject to terms and conditions established throughout this Chapter. Livestock will be

held by a private contractor with the Owner being responsible for all impound, transportation,

medical treatment, boarding, feeding, and any other expenses incurred in impounding the

Livestock. All fees and charges must be paid prior to release of the Livestock.

Sec. 2.05.005 Liability

If necessary to ensure the public safety and avoid injuries to persons or damage to property, any

Livestock or Fowl that is in danger of entering a public roadway may be tranquilized by an

Animal Control Officer, or, if the Livestock or Fowl cannot be tranquilized or corralled in a

timely manner and the circumstances are of an emergent nature, such Livestock or Fowl may be

destroyed by an Animal Control Officer. Neither the City nor the Animal Control Officer(s)

acting under this Article shall be liable for damages to or loss of such Livestock or Fowl.

ARTICLE 2.06 LEASHING AND UNLAWFUL RESTRAINT OF DOGS

Sec. 2.06.001 Leashing of Dogs

Any Dog, while on any common thoroughfare, street, sidewalk, passageway, road bypass, play

area, park or any place where people congregate or walk upon any public property whatsoever,

or upon any private property without the permission of the private property owner, shall be

restrained and secured by a leash or chain not more than six (6) feet in length or overhead

cable/trolley system of sufficient strength to restrain the Dog, unless such Dog is within a

designated Off-Leash Area within a City park facility, in compliance with posted rules at such

City Park facility and/or Off-Leash Area.

RPOA: This is in conflict with “At Large” Definition and Sec. 2.06.002. B2A Below which

allows up to 10 ft. chain.

Sec. 2.06.002 Unlawful Restraint of Dogs

(A) Pursuant to Texas Health & Safety Code § 821.077, as amended, an Owner may not leave a

Dog outside and unattended by use of a restraint that unreasonably limits the Dog’s movement:

RPOA: This is the most convoluted law and is UNENFORCEABLE unless an animal control

officer sits and watches 24 hours while videotaping to document. The state law is also

unenforceable as most animal control directors will tell you. Northern dog breeds love and

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thrive in cold and snow while Chihuahuas are happier the hotter the better. Setting temperatures

is ridiculous and shows a lack of knowledge regarding all animals.

(1) between the hours of 10 p.m. and 6 a.m.;

(2) within five hundred (500) feet of the premises of a school; or

(3) in the case of extreme weather conditions, including conditions in which:

(a) the actual or effective outdoor temperature is below thirty-two (32)

degrees Fahrenheit;

(b) a heat advisory has been issued by a local or state authority or jurisdiction;

or

(c) a hurricane, tropical storm, or tornado warning has been issued for the

jurisdiction by the National Weather Service.

(B) In this Section, a restraint unreasonably limits a Dog’s movement if the restraint:

(1) uses a collar that is pinch-type, prong-type, or choke-type or that is not properly

fitted to the Dog;

(2) is a length shorter than the greater of:

(a) five (5) times the length of the Dog, as measured from the tip of the Dog’s

nose to the base of the Dog’s tail; or

(b) 10 feet;

RPOA: This is in conflict with “At Large” Definition and is really stupid.

(3) is in an unsafe condition; or

RPOA: “Unsafe condition” is not defined.

(4) causes injury to the Dog.

Sec. 2.06.003 Exceptions

Pursuant to Texas Health & Safety Code § 821.078, as amended, it shall not be a violation of

Sec. 2.06.002 for a Dog to be:

(A) restrained to a running line, pulley, or trolley system and that is not restrained to the

running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or

improperly fitted collar;

(B) restrained in compliance with the requirements of a camping or recreational area as

defined by a federal, state, or local authority or jurisdiction;

(C) restrained for a reasonable period, not to exceed three (3) hours in a twenty-four (24)

hour period, and no longer than is necessary for the Owner to complete a temporary task that

requires the Dog to be restrained;

RPOA: Again how stupid is this? How will it be enforced?

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(D) restrained while the Owner is engaged in, or actively training for, an activity that is

conducted pursuant to a valid license issued by this state if the activity for which the license is

issued is associated with the use or presence of a Dog;

(E) restrained while the Owner is engaged in conduct directly related to the business of

shepherding or herding cattle or Livestock;

(F) restrained while the Owner is engaged in conduct directly related to the business of

cultivating agricultural products, if the restraint is reasonably necessary for the safety of the Dog;

(G) restrained, if a Dangerous Dog, no longer than necessary to ensure the immediate safety

of people or other Animals; or

(H) walked by a person with a hand-held leash pursuant to Sec. 2.06.001 of this Article.

ARTICLE 2.07 TREATMENT OF ANIMALS; CRUELTY

Sec. 2.07.001 Care of Animals

(A) Owners of Animals shall provide adequate food for such Animals at suitable intervals of not

more than twenty-four (24) hours and shall provide a quantity of wholesome foodstuff suitable

for the physical condition and age of the Animal, served in a clean receptacle or container,

sufficient to maintain an adequate level of nutrition for such Animal.

RPOA: Remember the “Animal” Definition which includes ALL animals, domesticated or wild,

including birds, fish, squirrels, reptiles, etc.

(B) If kept outdoors, Animals shall be provided with adequate outdoor shelter as set forth in the

definitions of this Chapter.

(C) If indoors, Animals shall be provided with adequate indoor shelter which shall mean a

properly ventilated and illuminated facility, sufficiently regulated by heating or cooling to

protect the Animal from extremes of temperature, thereby providing for its health and comfort.

RPOA: “extremes of temperature” is not defined.

(D) Animals shall be kept in areas which maintain adequate sanitation which shall mean

periodic cleaning and sanitizing of primary enclosures and housing facilities to remove excreta

and other waste materials and dirt, so as to minimize health hazards, flies or odors.

(E) Animals shall be provided with adequate space which shall mean primary enclosures, and

housing facilities shall be constructed and maintained so as to provide sufficient space to allow

each Animal to make normal postural and social adjustments with adequate freedom of

movement to maintain physical condition. Inadequate space may be indicated by evidence of

malnutrition, poor condition, debility, stress or abnormal behavior patterns.

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(F) Owners of Animals shall provide adequate veterinary care for their Animals. A sick,

diseased or injured Animal shall be provided with a proper program of care by a veterinarian or

humanely euthanized. Animals shall be provided with an adequate supply of clean, fresh potable

water provided in a sanitary manner. If potable water is not accessible to the Animal at all times,

it shall be provided daily for such duration and of sufficient quantity as necessary for the

Animals health and comfort.

Sec. 2.07.002 Suffering Animals

In the event an Animal Control Officer finds an Animal to be suffering, they shall have the right

forthwith to remove or have removed such Animal to a safe place for care at the Owner’s

expense or to euthanize the Animal when necessary to prevent further suffering. Return of the

Animal to the Owner may be withheld until the Owner has made full payment for all expenses

incurred by such removal and euthanization.

RPOA: “Suffering” is not defined. Suggest this be moved and combined in Animal Cruelty

Section.

Sec. 2.07.003 Molesting or Releasing Animals

It shall be unlawful for any person to in any manner, tease, annoy, disturb, molest or irritate an

animal that is confined to the Owner’s premises. It shall be unlawful for any person, except the

owner of an Animal or their authorized agent, to willfully open any door or gate, or otherwise

compromise the confinement of an Animal, on any private or public premises for the purposes of

enticing or enabling any Animal to leave such private or public premises.

Sec. 2.07.004 Animal Enclosures

All pens, cages, coops, or enclosures wherein Animals are kept shall be securely built and

maintained, adequate in size for the kind and number of Animals contained therein, and

maintained in a sanitary condition; such enclosures shall be cleaned and maintained so as to not

become offensive to residents or businesses adjacent thereto.

Sec. 2.07.005 Tampering With Traps and Equipment

It shall be unlawful for any person to remove, alter, damage, or otherwise tamper with any

approved traps or equipment lawfully set by an Animal Control Officer for the purpose of

capturing any Animal that may be deemed by an Animal Control Officer to be At Large or a

Public Nuisance Animal.

Sec. 2.07.006 Right to Confine Animals

Any Animal found upon the private premises of person other than the Owner, may be humanely

confined and held until such a time as the Animal Control Officer may be notified. Upon such

notification, the Animal Control Officer shall respond immediately, and impound such Animal in

accordance with the provisions of this Chapter.

Sec. 2.07.007 Restraint When Animal In Estrus

The Owner of a female Dog or Cat in estrus (heat) shall confine such female Dog or Cat in a

house or other enclosure in such a manner that such female Dog or Cat cannot come into contact

with Animals other than the Owner’s, unless for the purpose of planned breeding in compliance

with all local, state, and federal laws.

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Sec. 2.07.008 Animal cruelty prohibited

No person shall cause any Animal to be Cruelly Treated within the City.

Sec. 2.07.009 Seizure of Cruelly Treated Animals

If an Animal Control Officer has reason to believe that an Animal has been or is being Cruelly

Treated in violation of this Article, they may apply to the Municipal

Court for a warrant to seize the Animal in accordance with Section 821.022, Texas Health &

Safety Code, as amended.

Sec. 2.07.010 Hearing

The Municipal Court shall set and conduct a hearing to determine whether an Animal seized

under this Article has been Cruelly Treated, and at such hearing order disposition of the Animal

in accordance with Sections 821.023-.024, Texas Health & Safety Code, as amended.

Sec. 2.07.011 Appeal

An order of the Municipal Court under this Article may be appealed pursuant to Section 821.025,

Texas Health & Safety Code, as amended.

ARTICLE 2.08 ANIMALS CAUSING DEATH OF OR SERIOUS BODILY INJURY

TO PERSONS

Sec. 2.08.001 Offense

It shall be an offense for an Animal to cause the death of or Serious Bodily Injury to a person.

Section 2.08.002 Complaint, investigation, and citation

(A) Complaint Process. Whenever any person shall complain to an Animal Control Officer that

an Animal has bitten, attacked, or mauled a person and caused the death of or Serious Bodily

Injury to a person, the Animal Control Officer shall promptly investigate the complaint and

notify the Owner of the Animal that a complaint has been received. If the Animal Control

Officer does not observe a violation of this Article, then the Animal Control Officer shall

promptly provide to the complaining person a Nuisance/Dangerous Animal Complaint Form.

(B) Complaint Form. The Nuisance/Dangerous Animal Complaint Form is to be completed

voluntarily, truthfully, and accurately by the complaining person, signed, and then submitted to

the Animal Control Officer, Police Department, or Municipal Court. By submitting a

Nuisance/Dangerous Animal Complaint Form, the complaining person agrees to testify as the

complaining witness if the matter should proceed to trial in Municipal Court.

(C) Investigation. After receiving a completed Nuisance/Dangerous Animal Complaint Form,

an Animal Control Officer shall investigate whether the Animal bit, attacked, or mauled a person

caused the death of or Serious Bodily Injury to the person. If the Animal Control Officer

observes a violation of this Article or through their investigation reasonably believes that this

Article has been violated, the Animal Control Officer shall issue a citation to the Owner of the

Animal allegedly causing such death or Serious Bodily Injury. Further, upon receiving a signed

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and completed Nuisance/Dangerous Animal Complaint Form, the Animal Control Officer may

issue a citation to the Owner of the Animal allegedly causing the death or Serious Bodily Injury

based solely upon the submitted Nuisance/Dangerous Animal Complaint Form.

Sec. 2.08.003 Seizure of Animal causing death or Serious Bodily Injury

(A) Upon an Animal Control Officer’s observation of a bite, attack, or mauling that caused the

death of or Serious Bodily Injury to a person, or upon receipt of a completed and signed

Nuisance/Dangerous Animal Complaint Form or the sworn complaint of any person, including

the county attorney, the City attorney, or an Animal Control Officer, alleging that an Animal has

caused the death of or Serious Bodily Injury to a person, and upon a showing of probable cause

to believe that the Animal caused the death of or Serious Bodily Injury to the person, as stated in

the submitted Nuisance/Dangerous Animal Complaint Form or sworn complaint, the Municipal

Court shall order Animal Control to seize the Animal allegedly causing such death or Serious

Bodily Injury and issue a warrant authorizing the seizure pursuant to Section 822.002, Texas


(B) An Animal Control Officer shall seize the Animal allegedly causing such death or Serious

Bodily Injury or order its seizure and shall provide for the impoundment of the Animal in secure

and humane conditions until the Municipal Court orders the disposition of the Animal, in

accordance with Section 822.002, Texas Health & Safety Code, as amended.

(C) Offense. It shall be an offense for the Owner of any Animal which has bitten, attacked, or

mauled and caused the death of or Serious Bodily Injury to a person within the City to fail or

refuse to allow the seizure or impoundment of such Animal pursuant to this Article, or attempt to

interfere with such seizure or impoundment. The Animal Control Officer, or his designee, may

use reasonable means to accomplish such seizure and impoundment. Further, any Owner of such

Animal who does so fail or refuse to permit such seizure or impoundment, or attempt to interfere

with such seizure or impoundment, shall be liable in an action at law or in equity brought by the

City, or by the person so bitten, attacked, or mauled, or his parent or guardian, for any

appropriate relief which is afforded by law. Each day of such failure or refusal or interference or

attempted interference, shall constitute a separate offense.


(A) Pursuant to Section 822.003, Texas Health & Safety Code, as amended, the Municipal Court

shall set and conduct a hearing to determine whether the Animal caused the death of or Serious

Bodily Injury to a person by biting, attacking, or mauling the person. The hearing must be held

not later than the tenth (10th

) day after the date on which the warrant is issued.

(B) The Municipal Court shall give written notice of the time and place of the hearing to:

(1) the Owner of the Animal that allegedly caused the death of or Serious Bodily

Injury to a person, or the person from whom such Animal was seized; and

(2) the person who submitted the Nuisance/Dangerous Animal Complaint Form or

sworn complaint alleging such death of or Serious Bodily Injury to a person.

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(C) Any interested party, including the county attorney or City attorney, is entitled to present

evidence at the hearing.

RPOA: The animal OWNER should be entitled to present evidence at the hearing himself and

/or his attorney. Not sure this is clear.

(D) If the Municipal Court finds that the Animal caused the death of a person by biting,

attacking, or mauling the person, it shall order the Animal destroyed.

(E) If the Municipal Court finds that the Animal caused Serious Bodily Injury to a person by

biting, attacking, or mauling the person, it may order the Animal destroyed.

(F) If the Municipal Court does not find that the Animal caused the death of or Serious Bodily

Injury to a person by biting, attacking, or mauling the person, the Municipal Court shall order the

Animal released to:

(1) its Owner;

(2) the person from whom the Animal was seized; or

(3) any other person authorized to take possession of the Animal.

(G) Pursuant to Section 822.003(f) of the Texas Health & Safety Code, as amended, the

Municipal Court may not order the Animal destroyed if it finds that the Animal caused the

Serious Bodily Injury to a person by attacking, biting, or mauling the person, and:

(1) the Animal was being used for the protection of a person or person’s property, the

attack, bite, or mauling occurred in an enclosure in which the Animal was being kept,

and:

(a) the enclosure was reasonably certain to prevent the Animal from leaving

the enclosure on its own and provided notice of the presence of the Animal; and

(b) the injured person was at least eight (8) years of age, and was trespassing

in the enclosure when the attack, bite, or mauling occurred;

(2) the Animal was not being used for the protection of a person or person's property,

the attack, bite, or mauling occurred in an enclosure in which the Animal was being kept,

and the injured person was at least eight (8) years of age and was trespassing in the

enclosure when the attack, bite, or mauling occurred;

(3) the attack, bite, or mauling occurred during an arrest or other action of a peace

officer while the peace officer was using the Animal for law enforcement purposes;

(4) the Animal was defending a person from an assault or person’s property from

damage or theft by the injured person; or

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(5) the injured person was younger than eight (8) years of age, the attack, bite, or

mauling occurred in an enclosure in which the dog was being kept, and the enclosure was

reasonably certain to keep a person younger than eight (8) years of age from entering.

Sec. 2.08.005 Destruction of Animal

Pursuant to Section 822.004 of the Texas Health & Safety Code, as amended, the destruction of

an Animal ordered under this Article shall be performed by: (A) a licensed veterinarian; (B)

personnel of a recognized animal shelter or humane society who are trained in the humane

destruction of animals; or (C) personnel of a governmental agency responsible for animal control

who are trained in the humane destruction of animals. Any such destruction shall be delayed

until after the expiration of the Owner’s deadline to appeal the Court’s order under this Article or

Chapter 822 of the Texas Health & Safety Code.

ARTICLE 2.09 DANGEROUS DOGS AND CATS

Sec. 2.09.001 Applicability

The provisions of this Article shall be applicable to both Dangerous Dogs and Dangerous Cats.

Sec. 2.09.002 Offense

It shall be an offense for any person to own, keep, or harbor a Dangerous Dog or Cat within the

City, unless such Dangerous Dog or Cat is Registered as a Dangerous Dog or Cat and the Owner

has complied with all requirements under this Article.

Sec. 2.09.003 Complaints of Dangerous Dogs and Cats

(A) Complaint Process. Whenever any person shall complain to an Animal Control Officer of

an alleged Dangerous Dog or Cat, the Animal Control Officer shall promptly investigate the

complaint and notify the Owner of the Animal that a complaint has been received. If the Animal

Control Officer does not observe a violation of this Article, then the Animal Control Officer shall

promptly provide to the complaining person a Nuisance/Dangerous Animal Complaint Form.

(B) Complaint Form. The Nuisance/Dangerous Animal Complaint Form is to be completed

voluntarily, truthfully, and accurately by the complaining person, signed, and then submitted to

the Animal Control Officer, Police Department, or Municipal Court. By submitting a

Nuisance/Dangerous Animal Complaint Form, the complaining person agrees to testify as the

complaining witness if the matter should proceed to trial in Municipal Court.

(C) Investigation. After receiving a completed Nuisance/Dangerous Animal Complaint Form,

an Animal Control Officer shall investigate whether the Dog or Cat is a Dangerous Dog or Cat.

If the Animal Control Officer observes a violation of this Article or through their investigation

reasonably believes that this Article has been violated, the Animal Control Officer shall issue a

citation to the Owner of the alleged Dangerous Dog or Cat. Further, upon receiving a signed and

completed Nuisance/Dangerous Animal Complaint Form, the Animal Control Officer may issue

a citation to the Owner of the alleged Dangerous Dog or Cat based solely upon the submitted

Nuisance/Dangerous Animal Complaint Form.

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(D) Appeal. An Owner, not later than the fifteenth (15th

) day after the date the Owner is notified

that a Dog or Cat owned by the Owner is a Dangerous Dog or Cat, may appeal the determination

of the Animal Control Officer as provided by Section 822.0421, Texas Health & Safety Code, as

amended.

RPOA: This should be amended to say “not later than the fifteenth (15th

) BUSINESS

Day.”

Sec. 2.09.004 Seizure and impoundment of Dog or Cat pending hearing

(A) Upon an Animal Control Officer’s issuance of a citation under this Article, an Animal

Control Officer shall seize and impound the alleged Dangerous Dog or Cat unless and until

otherwise ordered by the Municipal Court.

(B) It shall be an offense for a person to possess and fail to release to an Animal Control Officer

an alleged Dangerous Dog or Cat that has been made the subject of a hearing under this Article.

(C) No person shall be allowed to reclaim the alleged Dangerous Dog or Cat from the time of

seizure and impoundment until a hearing under this Article has been conducted.

Sec. 2.09.005 Quarantine of Dogs or Cats causing injury

(A) Seizure and quarantine; Release. A Dog or Cat that has bitten, attacked, or mauled a person

or other Animal resulting in any wound that has broken the skin, shall be surrendered and shall

be quarantined with a licensed veterinarian or at the Williamson County Regional Animal

Shelter, at the Owner's expense, for a minimum observation period of ten (10) days or two

hundred forty (240) hours from the time of the bite, scratch, or attack. At the end of such

quarantine period, the Dog or Cat shall be released to the Owner if determined by a veterinarian

or the Local Rabies Control Authority to be free of transmissible rabies and upon payment by the

Owner of all fees. If not currently vaccinated against rabies, the Dog or Cat must be vaccinated

against rabies, also at the Owner’s expense, prior to release of the Dog or Cat to the Owner, and

the Owner shall Register the Dog or Cat within seven (7) days from the date of release.

(B) Death of quarantined Dog or Cat. If such quarantined Dog or Cat dies during the quarantine

period, the Animal Control Officer shall send the head of the Dog or Cat to the Texas

Department of Health Laboratory for testing to confirm the presence of rabies. The Animal

Control Officer shall then immediately notify the bite victim of the test results so that proper

action may be taken to safeguard the health of the victim.

(C) Fees. The Owner of the quarantined Dog or Cat is responsible for all associated fees to

either the veterinarian or shelter where the Dog or Cat is quarantined. In the event any

veterinarian confines any Dog or Cat under the provisions of this section, and the Owner of such

Dog or Cat fails or refuses to claim the same or fails to have the required vaccination or licensing

accomplished, such veterinarian shall release the quarantined Dog or Cat into the custody of

Animal Control. A quarantined Dog or Cat may be destroyed upon failure of the Owner to pay

all fees and reclaim the Dog or Cat within seventy-two (72) hours from the end of the quarantine

period. The Owner of the Dog or Cat shall still be liable to the appropriate party for all fees

incurred.

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(D) Home quarantine. Alternatively, Animal Control may permit home quarantine under the

following specific conditions: (1) the Dog or Cat was currently vaccinated for rabies at the time

of the bite, scratch, or attack; (2) a suitable place in the Owner’s home can be provided to limit

contact with the Dog or Cat to only one member of the household; (3) the Owner agrees to

provide access to an Animal Control Officer for observation during the quarantine period at least

on the first and last day; and (4) the Dog or Cat was not running At Large at the time of the bite,

scratch, or attack.

(E) Offense. It shall be an offense for the Owner of any Dog or Cat which has bitten, scratched,

or attacked and caused a wound that breaks the skin of a person or Animal within the City to fail

to or refuse to allow the quarantine of such Dog or Cat pursuant to this Article, or attempt to

interfere with such quarantine,. The Animal Control Officer, or his designee, may use

reasonable means to accomplish such quarantine. Further, any Owner of such Dog or Cat who

does so fail to or refuse to permit such quarantine, or attempt to interfere with such quarantine,

shall be liable in an action at law or in equity brought by the City, or by the person or Owner of

the Animal so bitten, scratched, or attacked, or his parent or guardian, for any appropriate relief

which is afforded by law. Each day of such failure or refusal or interference or attempted

interference, shall constitute a separate offense.


(A) The Municipal Court, upon issuance of a citation to an Owner under this Article, seizure of

a Dog or Cat under this Article, or on application under Section 2.09.006(C) of this Article, shall

set a time for a hearing to determine whether an alleged Dangerous Dog or Cat is a Dangerous

Dog or Cat or whether the Owner of the Dangerous Dog or Cat has complied with this Article.

The hearing must be held not later than the tenth (10th

) day after the date on which the alleged

Dangerous Dog or Cat is seized or delivered, pursuant to Section 822.0423(a), Texas Health &


(B) Notice. The Municipal Court shall give written notice of the time and place of the hearing

to:

(1) the Owner of the alleged Dangerous Dog or Cat or the person from whom the

alleged Dangerous Dog or Cat was seized; and

(2) the person who made the complaint.

(C) Presentation of evidence. Any interested party, including the county or city attorney, is

entitled to present evidence at the hearing, as provided by Section 822.0423(c), Texas Health &


RPOA: Again “animal owner” and counsel should be listed here to clarify.

(D) Defenses. In response to the allegation that a Dog or Cat is a Dangerous Dog or Cat, it is a

defense that:

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(1) The injury was sustained or the belief of attack and injury was held by a person

who at the time was committing a willful trespass or other tort upon the premises

occupied by the Owner of the alleged Dangerous Dog or Cat;

(2) The person was teasing, tormenting, abusing, or assaulting the alleged Dangerous

Dog or Cat or has, in the past been observed or reported to have teased, tormented,

abused, or assaulted the alleged Dangerous Dog or Cat;

(3) The person was committing or attempting to commit a crime;

(4) The Animal that was attacked or killed was at the time teasing, tormenting,

abusing or attacking the alleged Dangerous Dog or Cat;.

(5) The alleged Dangerous Dog or Cat was protecting or defending a person within

immediate vicinity of the alleged Dangerous Dog or Cat from an unjustified attack or

assault;

(6) The alleged Dangerous Dog or Cat was injured and responding to pain; or

(7) The alleged Dangerous Dog or Cat was protecting its offspring, itself, or its

kennelmates.

(D) Appeal. An Owner or applicant may appeal the decision of the Municipal Court pursuant to

Section 822.0423(d), Texas Health & Safety Code, as amended.

(E) Result of hearing. If the Court finds that an alleged Dangerous Dog or Cat is not a

Dangerous Dog or Cat, the Court shall:

(1) order the Owner to pay any fees arising from the seizure or impoundment of the

alleged Dangerous Dog or Cat within thirty (30) days of the order; and

(2) Upon payment of any such fees, order the release of the Dog or Cat to the Owner.

RPOA: Owner should not be required to pay fees if animal declared NOT dangerous.. The

accuser should pay these fees.

If the Court finds that an alleged Dangerous Dog or Cat is a Dangerous Dog or Cat, the Court,

based on the least restrictive means necessary to protect the public health, safety, and welfare of

the community according to all of the evidence presented, shall:

(1) order that the Owner of the Dangerous Dog or Cat follow all Requirements set

forth in Section 2.09.006 of this Article;

(2) order that the Dangerous Dog or Cat be permanently removed from the City; or

(3) order that the Dangerous Dog or Cat be destroyed.

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If the Court finds that an alleged Dangerous Dog or Cat is a Dangerous Dog or Cat, the Court

shall also:

(1) notify the Owner of the Court’s decision as well as the ordered disposition of the

Dangerous Dog or Cat by personal service or certified mail, return receipt requested, if

the Owner is not present at the hearing; such personal service may be completed by the

Animal Control Officer;

(2) order that the Owner of the Dangerous Dog or Cat pay any fees due for the

impoundment of the Dangerous Dog or Cat within thirty (30) days of the order; and

(3) notify the facility where the Dangerous Dog or Cat is impounded of the Court’s

decision and the ordered disposition of the Dangerous Dog or Cat by personal service or

certified mail, return receipt requested; such service may be completed by the Animal

Control Officer.

(F) Removal of Dangerous Dog or Cat. If the Court orders the removal of a Dangerous Dog or

Cat from the City, the Owner shall have five (5) days from the date of the order to remove the

Dangerous Dog or Cat. The Owner must provide proof of the removal to the Court within five

(5) days after the deadline to remove. If adequate proof is not provided to the Court within the

required time, an Animal Control Officer shall investigate and if the Dangerous Dog or Cat is

found within the City, the Animal Control Officer shall be authorized to immediately seize and

impound the Dangerous Dog or Cat. Upon impoundment of such Dangerous Dog or Cat, the

Dangerous Dog or Cat becomes the property of the City and it shall be humanely destroyed. If

the Dangerous Dog or Cat has been previously removed from the City or is not present in the

City on the date of the hearing, the Court shall order that the Dangerous Dog or Cat shall be

permanently banned from the City and not be allowed to return.

(G) Destruction of Dangerous Dog or Cat. The destruction of an Animal ordered under this

Article shall be performed by: (1) a licensed veterinarian; (2) personnel of a recognized animal

shelter or humane society who are trained in the humane destruction of animals; or (3) personnel

of a governmental agency responsible for animal control who are trained in the humane

destruction of animals. Any such destruction shall be delayed until after the expiration of the

Owner’s deadline to appeal the Court’s order under this Article or Chapter 822 of the Texas

Health & Safety Code.

(H) Disobedience of Court Order. It shall be an offense for any person to possess and fail to

release a Dangerous Dog or Cat that has been ordered destroyed or removed by the Court to an

Animal Control Officer.

Sec. 2.09.007 Requirements for Owner of Dangerous Dogs

(A) Pursuant to Section 822.042(a), Texas Health & Safety Code, as amended, not later than the

thirtieth (30th

) day after a person learns that the person is the Owner of a Dangerous Dog or Cat,

the person shall:

(1) register the Dangerous Dog or Cat with Animal Control pursuant to this Article;

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(2) restrain the Dangerous Dog of Cat at all times on a leash in the immediate control

of a person or in a secure enclosure;

(3) obtain liability insurance coverage or show financial responsibility in an amount

of at least One Hundred Thousand Dollars ($100,000) to cover damages resulting from an

attack by the Dangerous Dog or Cat causing bodily injury to a person and provide proof

of the required liability insurance coverage or financial responsibility to Animal Control;

and

(4) comply with all applicable federal, state, county, or municipal rules, regulations,

requirements, or restrictions on Dangerous Dogs and Cats.

(B) The Owner of a Dangerous Dog or Cat who does not comply with Subsection (A) shall

deliver the Dangerous Dog or Cat to Animal Control not later than the thirtieth (30th

) day after

the Owner learns that the Dog or Cat is a Dangerous Dog or Cat, as provided Section 822.042(b),


(C) If, on application of any person, the Court finds, after notice and hearing under this Article,

that the Owner of a Dangerous Dog or Cat has failed to comply with Subsection (A) or (B) of

this Section, the Court shall order Animal Control to seize the Dangerous Dog or Cat and shall

issue a warrant authorizing the seizure. Animal Control shall seize the Dangerous Dog or Cat or

order its seizure and shall provide for the impoundment of the Dangerous Dog or Cat in secure

and humane conditions, as provided Section 822.042(c), Texas Health & Safety Code, as

amended.

(D) The Owner shall pay any cost or fee assessed by Animal Control related to the

impoundment and/or destruction of the Dangerous Dog or Cat, as provided Section 822.042(d),


(E) The Court shall order Animal Control to humanely destroy the Dangerous Dog or Cat if the

Owner has not complied with Subsection (A) before the eleventh (11th

) day after the date on

which the Dangerous Dog or Cat is seized or delivered to Animal Control. The Court shall order

Animal Control to return the Dangerous Dog or Cat to the Owner if the Owner complies with

Subsection (A) before the eleventh (11th

) day after the date on which the Dangerous Dog or Cat

is seized or delivered to Animal Control, as provided Section 822.042(e), Texas Health & Safety

Code, as amended.

(F) The Court may order the humane destruction of a Dangerous Dog or Cat if the Owner of the

Dangerous Dog or Cat has not been located before the fifteenth (15th

) day after the seizure and

impoundment of the Dangerous Dog or Cat, as provided Section 822.042(f), Texas Health &


(G) As provided by Section 822.042(g), Texas Health & Safety Code, as amended, a person

learns that the person is the Owner of a Dangerous Dog or Cat when:

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(1) the Owner knows of an attack described in this Article;

(2) the Owner receives notice that a justice court, county court, or municipal court

has found that the Dog or Cat is a Dangerous Dog or Cat under Texas Health & Safety

Code § 822.0423, as amended; or

(3) the Owner is informed by Animal Control that the Dog or Cat is a Dangerous Dog

or Cat under Texas Health & Safety Code § 822.0421, as amended.

Sec. 2.09.008 Registration of Dangerous Dogs or Cats

(A) Pursuant to Section 822.043(a), Texas Health & Safety Code, as amended, an Owner of a

Dangerous Dog or Cat shall annually present to Animal Control for the Dangerous Dog or Cat:

(1) Proof of liability insurance coverage or show financial responsibility in an amount

of at least One Hundred Thousand Dollars ($100,000) to cover damages resulting from an

attack by the Dangerous Dog or Cat causing bodily injury to a person and provide proof

of the required liability insurance coverage or financial responsibility to Animal Control;

(2) Proof of current rabies vaccination of the Dangerous Dog or Cat;

(3) A written description and photographs of the secure enclosure in which the

Dangerous Dog or Cat will be kept; and

(4) Payment of an annual registration fee of Fifty Dollars ($50).

(B) Animal Control shall provide to the Owner registering a Dangerous Dog or Cat a

Registration Tag which shall at all times be securely attached to a collar around the neck of the

Dangerous Dog or Cat for which said Registration fee was paid. Any Dangerous Dog or Cat not

wearing such collar and Registration Tag shall constitute prima facie evidence that such

Dangerous Dog or Cat is in violation of this Section, as provided by Section 822.043(b), Texas


(C) If an Owner of a Registered Dangerous Dog or Cat sells or moves the Dangerous Dog or Cat

to a new address, the Owner, not later than the fourteenth (14th

) day after the date of the sale or

move, shall notify the animal control authority for the area in which the new address is located.

On presentation by the Owner of the Dangerous Dog or Cat’s prior Registration Tag and

payment of a fee of Twenty-Five Dollars ($25), the animal control authority shall issue a new

registration tag to be placed on the Dangerous Dog or Cat’s collar, as provided by Section

822.043(c), Texas Health & Safety Code, as amended.

(D) An Owner of a Registered Dangerous Dog or Cat shall notify the office in which the

Dangerous Dog or Cat was registered of any attacks the Dangerous Dog or Cat makes on people,

as provided by Section 822.043(d), Texas Health & Safety Code, as amended.

Sec. 2.09.009 Attack by Dangerous Dog or Cat

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(A) Offense. A person commits an offense if the person is the Owner of a Dangerous Dog or

Cat and the Dangerous Dog or Cat makes an unprovoked attack on another person or Animal

outside the Dangerous Dog or Cat’s enclosure and causes bodily injury to the other person or

Animal, as provided by Section 822.044(a), Texas Health & Safety Code, as amended.

(B) Destruction of Dangerous Dog or Cat. If a person is found guilty of an offense under this

Section, the Municipal Court may order the Dangerous Dog or Cat destroyed pursuant to Section

822.044(c), Texas Health & Safety Code, as amended.

(C) Defenses. Pursuant to Section 822.046, Texas Health & Safety Code, as amended, it is a

defense to prosecution under this Section that:

(1) the person is a licensed veterinarian, a peace officer, a person employed by a

recognized animal shelter, or a person employed by the state or a political subdivision of

the state to deal with stray animals and has temporary ownership, custody, or control of

the Dog or Cat in connection with that position;

(2) the person is an employee of the institutional division of the Texas Department of

Criminal Justice or a law enforcement agency and trains or uses Dogs or Cats for law

enforcement or corrections purposes.

(3) the person is a Dog trainer or an employee of a guard dog company under Chapter

1702, Occupations Code.

ARTICLE 2.10 DANGEROUS WILD ANIMALS

Sec. 2.10.001 Applicability of Article

The provisions of this Article shall apply throughout the City, except as set forth in Chapter 822,

Subchapter E, of the Texas Health & Safety Code, as amended.

Sec. 2.10.002 Dangerous Wild Animals prohibited

It shall be unlawful to keep, maintain, feed, or harbor, or have care, custody, or control of a

Dangerous Wild Animal within the City.

ARTICLE 2.11 SANITATION

Sec. 2.11.001 Maintaining sanitary conditions on private property

It shall be unlawful for any person owning, harboring or keeping an Animal within the City to

allow any waste matter from the Animal to collect and remain on the Owner’s property or on the

property of another person so as to cause or create an unhealthy, unsanitary, dangerous or

offensive living condition on the Owner’s or other person’s property, or to abutting property of

others.

Sec. 2.11.002 Maintaining sanitary conditions on public property

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It shall be unlawful for any Animal to defecate on any common thoroughfare, street, sidewalk,

passageway, road bypass, play area, park or any place where people congregate or walk upon

any public property whatsoever, or upon any private property without the permission of the

private property owner; except that it shall not be a violation if the Owner of an Animal that

soils, defiles, or defecates on any of the above areas immediately removes the pet feces and

droppings and places them in a designated waste receptacle or other suitable waste container.

Sec. 2.11.003 No Animals allowed in Food Establishments

Except as provided herein this Article, no Animal shall be allowed on the premises of any Food

Establishment, unless such Animal is (1) an edible fish or decorative fish in an aquarium,

shellfish, or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank

systems, or (2) is a patrol dog accompanying police or security officers in offices and dining,

sales, and storage areas, and sentry dogs running loose in outside fenced areas, as provided by

Title 25 of the Texas Administrative Code, Section 229.167(p)(15), as amended.

Sec. 2.11.004 Variance to permit Dogs in outdoor eating areas of Food Establishments

(A) A Food Establishment may apply to the Director for a variance of 25 TAC § 229.167(p)(15)

of the Texas Food Establishment Rules (which prohibits animals on the premises of a food

establishment), as amended, pursuant to 25 TAC § 229.171(c) of the Texas Food Establishment

Rules, as amended, and this Section. The application must be accompanied by a nonrefundable

application fee of Two Hundred Dollars ($200). A variance granted under this Section is

nontransferable and shall expire one (1) year after the date it is granted by the director, unless

sooner revoked by the director or terminated by the Food Establishment. A variance may be

renewed annually by a Food Establishment upon payment of an annual fee of Fifty Dollars ($50).

(B) If variance is granted pursuant to this Section to allow Dogs to be present in the outdoor

patio area of a Food Establishment, the Food Establishment shall comply with the following

conditions and standards in addition to any other conditions and standards established by the

director for the variance:

(1) Except as allowed under this Article and 25 TAC § 229.167(p)(15) of the Texas

Food Establishment Rules, as amended, no Dog may be present inside a Food

Establishment or on any playground area of a Food Establishment.

(2) A separate entrance must be provided from the outside of the Food Establishment

to the outdoor patio so that a Dog will have direct access to the patio without entering the

interior of the Food Establishment or any playground area of the Food Establishment. A

Dog on an outdoor patio may not be allowed within seven (7) feet of any entrance to the

interior of the Food Establishment, except when necessary to enter or exit the patio.

(3) A sign must be posted at the front entrance of the Food Establishment so that it is

easily visible to the public. The sign must state: “DOG FRIENDLY PATIO [with an

arrow showing the direction to the patio entrance] DOG ACCESS ONLY THROUGH

OUTDOOR PATIO.”

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(4) Doors equipped with self-closing devices must be provided at all entrances to the

outdoor patio from the interior of the Food Establishment.

(5) No food preparation, including mixing drinks or serving ice, may be performed in

the outdoor patio area, except that a beverage glass may be filled on the patio from a

pitcher or other container that has been filled or otherwise prepared inside the Food

Establishment.

(6) The Food Establishment shall have hand sanitizer available at or near all

entrances and exits to the Food Establishment.

(7) The outdoor patio must be continuously maintained free of visible Dog hair, Dog

dander, and other Dog-related waste or debris. The outdoor patio must be hosed down or

mopped with Animal-friendly chemicals at the beginning of each shift during which food

or beverages will be served (breakfast, lunch, dinner, or late-hours), or, if a Food

Establishment has continuous food or beverage service without designated shifts, then

every six (6) hours that the Food Establishment is open for business, except that cleaning

under this Subsection is not required if no Dog has been present on the outdoor patio

since the last cleaning. Waste created from a Dog's bodily functions must be cleaned up

with Animal-friendly chemicals within five (5) minutes after each occurrence. All Dog

waste must be disposed of outside of the Food Establishment in an appropriate waste

receptacle. Equipment used to clean the outdoor patio must be kept outside of the Food

Establishment.

(8) While on duty, wait staff or other food handlers at the Food Establishment may

not pet or have physical contact with any Dog.

(9) A Dog must be kept on a leash and remain in the control of the Owner while in

the outdoor patio area. The Dog must be currently vaccinated for rabies and wearing a

collar or harness with a current license tag attached to it.

(10) A Dog is not allowed on a seat, table, countertop, or similar surface in the outdoor

patio area.

(11) A Dog is not allowed to have contact with any dishes or utensils used for food

service or preparation at the Food Establishment.

(12) A Dog may not be given any food (including, but not limited to, dog kibble,

biscuits, and edible treats) while in the outdoor patio area, but may be given water in a

disposable container or from a container provided by the customer.

(C) An owner, officer, manager, or other person in charge of a Food Establishment commits an

offense if he, either personally or through an employee or agent, violates, allows a violation of,

or fails to comply with a term or condition of a variance granted under this Section.

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(D) A Food Establishment granted a variance under this Section shall comply with all other

applicable Texas Food Establishment Rules and the provisions of this Chapter. The Director may

deny or revoke a variance under this Section if the Food Establishment is in violation of any term

or condition of the variance as established by the director, this Chapter or State law. The Director

may also revoke the variance if thirty (30) or more demerits are assessed on two (2) consecutive

food inspections to the Food Establishment. If the Director denies or revokes the variance, the

Director shall notify the Food Establishment in writing with the reason(s) for the denial or

revocation by personal service or regular United States mail. The Food Establishment may

request a hearing if the request is in writing and is filed with the Director within ten (10) working

days of the denial or revocation. If no request for hearing is filed within the ten-day period, the

denial or revocation of the variance becomes final. If a request for hearing is filed within the ten-

day period, the Director shall hold the hearing and render a decision in writing within ten (10)

working days of receipt of the request. The decision of the Director is final.

(E) A variance obtained under this Section or other governing law regarding the provisions of

this Article shall control over the provisions of this Article 2.11 unless and until such variance is

revoked, terminated, or otherwise rendered void, invalid, or ineffective.

ARTICLE 2.12 SALE OF ANIMALS

Sec. 2.12.001 Sale of Animals prohibited

It shall be unlawful for any person to sell or make available for sale any Animal on the public

streets, alleys, rights-of-way, parks, or other public property within the City, or upon property of

another without such owner’s consent; except that is shall not be a violation of this Section for

the Williamson County Regional Animal Shelter, Humane Society, or any other shelter/rescue

operation to sell or make available for sale or adoption Dogs or Cats on public property with the

City’s approval.

Sec. 2.12.002 Enforcement; Impoundment

(A) An Animal Control Officer shall have the authority to Impound any Animal deemed to be

sold or for sale in violation of this Article.

(B) The Owner of any Animal Impounded pursuant to this Article shall be liable to the City in

the amount of the Impoundment and boarding fees charged the Owner pursuant to the provisions

of this Chapter, and any Animal Impounded pursuant to this Article shall be handled and

disposed of in the same manner as any Animal which is so confined because of being found At

Large within the City.

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APPENDIX 1 ANIMAL CONTROL RELATED FEES

Sec. 1.001 Registration fees

(a) Registration fees

(1) Annual - Altered $5.00

Annual – Unaltered $10.00

(2) Triennial – Altered $15.00

Triennial – Unaltered $30.00

(3) Penalty $1.00 for each month Owner fails

to pay Registration fee

(4) Dangerous Dog or Cat (Annual) $50.00

(c) Duplicate Registration tags $1.00/tag

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