Agenda Request

	City Council
	Agenda Request
Agenda Of:	12/16/08	Agenda Request No:		IV-B
Initiated By:	Mike Goodrum, Community & Environmental Services Director	Responsible Department:		Community & Environmental Services
Presented By:	Mike Goodrum, Community & Environmental Services Director	Department Head:		Mike Goodrum, Community & Environmental Services Director
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Second consideration of Animal Services Ordinance #1722
Exhibits:	Ordinance 1722
Clearances			Approval
Legal:	Aaron Dobbs, Assistant City Attorney		Executive Director:
Purchasing:	N/A		Asst. City Manager:	Karen Daly
Budget:	N/A		City Manager:	Allen Bogard
Budget
Expenditure Required: $			N/A
Amount Budgeted/Reallocation: $			N/A
Additional Appropriation: $			N/A
Recommended Action
Approve Second Consideration of Animal Services Ordinance #1722
Executive Summary
One of the key priorities of the Community & Environmental Services Department for FY08 was the enhancement of animal services to the public. These enhancements were identified in the Enhancement of Animal Services Strategic Project and the majority of those milestones have been completed. A new state-of-the-art animal shelter was recently opened to the public and other aspects of the project such as developing a volunteer program are complete. The final milestone of the project is to update the Animal Services Ordinance. The Animal Services Ordinance was last updated in the 1990s. With the recent improvements in service levels, there was a need for a thorough review. The City Attorney recommended re-codifying the ordinance so that it could be re-ordered and flow in a logical manner. City staff and the Animal Control Advisory Board thoroughly reviewed the Animal Services Ordinance and recommended five changes to the City Council at the August 26, 2008 workshop. As a result of the City Council’s feedback, the ordinance was modified to address the suggested preferences. Since the ordinance was re-codified, the City Council will be approving the entire ordinance; however, there are only five substantial changes to the ordinance. They are: Sec. 3-36. Dangerous Dogs – The amendment authorizes Sugar Land to take actions related to dangerous dogs. It requires that a dangerous dog be registered and pay a $100 fee, obtain $100,000 in liability insurance, restrained at all times, wear a dangerous dog collar and have dangerous dog signage on property. This amendment will enable Staff to adequately address aggressive animals. Sec. 3-13. Animal Waste Disposal – This change requires the removal of pet waste from private property other than that of the owner. The complaining citizen would be required to notify the offending animal’s owner in writing first before they file a complaint with the City. This change is being requested to address the large number of complaints Animal Services receives relating to animal waste. Sec. 3-27. Restraint of Animals – This ordinance change brings the City in line with the recent State Law pertaining to the humane treatment of animals. Essentially, the ordinance does not allow for dogs to be chained to a fixed object. Instead they must be on a running or trolley line, which is safer and more humane. This change would not allow the use of pinch, prong or choke type collars while restrained by a running line. Sec. 2-61 (b) Board Membership Qualifications – There are currently four members on the Animal Control Advisory Board. They are a licensed veterinarian, a municipal official, a person whose duties include the daily operation of an animal shelter and a representative from an animal rescue group. This ordinance amendment would create a fifth board member who would be a citizen of the City that actively volunteers with the Animal Services Division. Since board members have already been appointed for this fiscal year, it is recommended that the fifth board member be appointed during next year’s process. Section 2-136 (1) Adoption Fees - Currently there is not a fee to adopt animals from the City of Sugar Land. The City vaccinates the animal and then it is the owner’s responsibility to spay or neuter the animal. It has become clear to Sugar Land Animal Services, along with most agencies in the State, that to make an impact in controlling the pet population, animals should be spayed or neutered prior to being released to the public. This amendment would create a dog adoption fee of $100 and a cat adoption fee of $85. The fee would cover the direct cost to fully test and vaccinate the animals, spay or neuter them and provide for a microchip with lifetime registration.
Exhibits

ORDINANCE NO. 1722

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTERS 2 AND 3 OF THE CODE OF ORDINANCES RELATING TO ANIMAL SERVICES, ESTABLISHING ANIMAL ADOPTION FEES, AND ADDING A MEMBER TO THE ANIMAL ADVISORY BOARD.

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

Section 1. That Article II, Chapter 3 of the Code of Ordinance is amended to read as follows:

ARTICLE II. ANIMAL SERVICES.

DIVISION 1. GENERAL PROVISIONS

Sec. 3-11. Definitions. In this article:

Animal means any living vertebrate or invertebrate creature, except human beings.

Animal services means the city's animal services division.

Animal services officer means any person designated by the city to enforce the provisions of this article.

Animal services manager means the person designated by the city manager to supervise the business of animal services.

Animal rescue group means a 501(c)(3) charitable organization registered with the City that provides temporary care and custody of sick, injured, lost, abandoned, unwanted, or stray animals and provides veterinary services for the animals housed in its care under the supervision of a licensed veterinarian who is employed or retained by the organization.

Dangerous dog means a dog that makes an unprovoked attack in a place other than an enclosure in which the dog was being kept:

(1) On a person that causes bodily injury; or

(2) That causes a person to reasonably believe that the dog will attack and cause bodily injury to that person.

Fowl means one or more peacocks, peahens, chickens, guineas, turkeys, ducks, or geese.

Livestock means a goat, ostrich, rhea, llama, alpaca, emu, domesticated hog, member of the domesticated equine family, or member of the domesticated bovine family.

Owner means a person who:

(1) has title to, custody of, or provides food, water, shelter, or veterinary care for an animal; or

(2) allows an animal to remain on or about the owner’s premises for ten or more days.

Other household pet means a mammal, reptile, caged bird, or other animal usually kept as a household pet, but does not include livestock, a wild animal, a dog, a cat, or a fish.

Provocation means the conduct or action of a person or another animal that could be expected to elicit or provoke an animal to chase, snap at, attack, bite or scratch the person or other animal.

Running-at-large means an animal not confined within the boundaries of the real property of its owner and not under the direct physical control of an adult owner by leash, including an animal confined only by an electric or "invisible fence."

Vicious animal means an animal running-at-large that:

(1) Has bitten one or more persons on at least two occasions;

(2) Has killed a person or another dog, cat, other household pet, or livestock animal;

(3) Has attacked a human being, and the nature of the attack or the resulting injury might endanger the life or permanent health of the human; or

(4) Repeatedly, without provocation, chases, snaps at, attacks, or bites any person or dog, cat, or other household pet.

Wild animal means a poisonous or dangerous reptile, or any other animal which can normally be found in the wild state and is not normally capable of being domesticated, but does not include a wild animal certified for medical, biological, herpetological, or other scientific research or study.

Sec. 3-12. Running-at-large prohibited.

(a) It is unlawful for an owner or person having control of an animal to allow an animal to be running-at-large.

(b) It is unlawful for an owner or person having control of an animal to fail to take the acts necessary to prevent an animal from running-at-large.

(1) A specially trained dog that is being used with or without a leash by a blind or deaf individual to aid them within the city;

(2) In attendance at a formal training class and is under the direct supervision of the owner during the entire class.

(3) Within a vehicle being driven or parked; or

(4) Inside a designated off–leash animal recreation area owned or leased by the city.

Sec. 3-13. Animal waste disposal.

(a) It is unlawful for an owner or person having control of an animal to permit the animal to defecate on private property unless the person immediately removes and properly disposes of the feces.

(b) It is unlawful for an owner or person having control of an animal to walk the animal on private property without carrying at all times a suitable container or other suitable instrument for the removal and disposal of animal feces.

(c) Prior to filing a complaint with the city, the person whose property has been defecated on must give written notice to the owner or person having control of the animal that the animal defecated on the property and the owner or person having control of the animal failed to immediately remove and properly dispose of the feces. A copy of the written notice must be presented to the City at the time of filing the complaint.

(c) It is a defense to prosecution under this section that the animal is a specially trained dog that is being used by a blind individual.

(d) It is a defense to prosecution under this section that the animal defecates upon private property owned by the owner or person having control of the animal.

Sec. 3-14. Unreasonably noisy animals.

(a) It is unlawful and declared a nuisance for any owner or person in control of an animal to allow the animal to bark, growl, howl, whine or make any other sound loud and long enough to unreasonably disturb the peace of other people on the same, adjoining or nearby property.

(b) Prior to filing a complaint with the city, the person having been disturbed by an animal must give written notice to the owner of the animal that the animal's conduct has disturbed his peace on more than one occasion. A copy of the written notice must be presented to the city at the time of filing the complaint.

Sec. 3-15. Reporting of certain animals struck by motor vehicle. An operator of a motor vehicle who strikes a dog or cat with the vehicle must immediately stop and report the injury or death to the animal's owner. If the owner cannot be ascertained or located, the operator must immediately report the accident to the police department.

Sec. 3-16. Keeping of dogs, cats, and other household pets.

(a) It is unlawful for a person to possess or keep at any one location, including in any one building, residential dwelling, or on any one lot, more than:

(1) Four dogs over four months of age;

(2) Four cats over four months of age;

(3) A combination of four dogs and cats over four months of age;

(4) Four other household pets over four months of age; or

(5) One litter not over four months of age from any dog, cat, or other household pet.

(b) It is a defense to prosecution under this section that the animals are kept:

(1) by an animal rescue group or a city-approved individual offering foster care; or

(2) in a kennel, veterinary facility, pet store, research facility, or other nonresidential land use permitted by the city's zoning regulations that provides for the keeping of the animals.

Sec. 3-17. Keeping of livestock.

(a) The number of livestock, except swine, permitted in any area may not exceed one animal for the first two acres and two animals per acre for each additional acre over two acres of a single tract of land. This subsection does not apply to livestock kept on premises located within a district zoned M-1.

(b) It is unlawful for a person to keep swine within the city except on premises located within a district zoned M-1. The number of swine permitted may not exceed one swine six months of age or older per one-third acre for the first two acres, and two swine six months of age or older per acre for each additional acre over two acres. Swine are not permitted within 2,500 feet of any residence, church, school or business other than that of the owner.

(c) The animal services manager may waive certain requirements of this section in cases involving a scientific program, a nonprofit organization show or humane activity.

(d) An enclosure or other restrictive area for livestock must be of sufficient strength and construction to keep the livestock confined.

Sec. 3-18. Keeping of fowl.

(a) Fowl must be kept in a secure pen or enclosure that is at least 50 feet from any adjoining property, except as otherwise allowed by this section.

(b) It is unlawful to keep fowl on property zoned other than M, except fowl may be allowed to inhabit public lakes or ponds, and private lakes or ponds which are managed and maintained by an organization, company or corporation.

(c) The owner or organization in control of any lake or pond where fowl are allowed must provide care and maintenance for the fowl and property.

(d) The property owner or organization in control of the property must remove or otherwise control any fowl which become a nuisance to the residents of surrounding area or community.

Sec. 3-19. Keeping of rabbits.

(b) Rabbits must be kept in a secure pen enclosure that is at least 30 feet from any adjoining property line.

(b) It is unlawful to keep more than two rabbits and one litter less than six weeks old on property less than one acre in size.

(c) It is unlawful to keep more than six rabbits over six weeks of age per acre and two litters less than six weeks old on any property zoned other than "M."

Sec. 3-20. Keeping of wild animals. It is unlawful to keep any wild animal inside the corporate city limits. It is unlawful to release a wild animal inside the corporate limits.

Secs. 3-21--3-24. Reserved.

Division 2. HUMANE TREATMENT OF ANIMALS.

Sec. 3-25. Provisions for animals required. It is unlawful for an owner to fail to provide an animal with sufficient food, water, shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.

Sec. 3-26. Beating or tormenting of animals. It is unlawful to beat, cruelly treat, torment, overload, overwork, trap with steel jaw traps, or otherwise abuse an animal, or cause, instigate, or permit a dogfight, cockfight, bullfight, or other combat between animals or between an animal and a human.

Sec. 3-27. Restraint of animals.

(a) This section applies to the extent it is more stringent than Chapter 821 of the Texas Health & Safety Code.

(b)      An owner may not at any time leave a dog outside and unattended by use of any restraint.

(c)   Subsection (b) does not apply to a dog 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.

Sec. 3-28. Enclosure of animals in parked vehicle.

(a) It is unlawful to leave an animal enclosed in a parked vehicle in a manner that subjects the animal to extreme temperatures that could adversely affect the animal's health, safety or welfare.

(b) An animal services officer, police officer or fire fighter may use reasonable force to remove an animal from a vehicle if the person believes that an emergency exists to preserve the animal’s health, safety or welfare.

Sec. 3-29. Transportation of animals in certain trucks or trailers.

(a) It is unlawful to operate an open bed pickup truck or open flatbed truck, or to tow an open flatbed trailer, in excess of 35 miles per hour on a public street or highway while an animal occupies the bed of the truck or trailer.

(b) It is a defense to a violation of this section that the animal was secured in a "pet kennel" or other secure enclosure, or otherwise restrained by a harness manufactured for the purpose of restraining an animal by means other than neck restraints which prevents the animal from jumping or falling from the truck or trailer.

Sec. 3-30. Changing the color of certain animals. It is unlawful to:

(1) Change the natural color of any fowl or rabbit; or

(2) Possess for the purpose of sale or give away any fowl or rabbit that has had its natural color changed.

Sec. 3-31. Sale, barter, or giving away of certain animals. It is unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums, or novelties baby chickens or ducklings, or other fowl under three weeks old, or rabbits under two months old, unless the animal services manager first approves the manner or method of display.

Secs. 3-32--3-35. Reserved.

Division 3. Dangerous and Vicious Animals

Sec. 3-36. Dangerous dogs.

(a) This section applies to the extent it is more stringent than Chapter 822 of the Texas Health & Safety Code.

(b) The owner of a dangerous dog must annually register the dangerous dog with animal services and pay an annual registration fee.

(d) The owner of a dangerous dog must keep the dog restrained at all times by:

(1) Keeping the dog enclosed within fences or walls that are at least six feet high and approved by animal services;

(2) Keeping the dog within a fully-enclosed cage or pen, or within a building from which the general public is excluded, which is designed and maintained to keep the dog from escaping by leaping, digging or other means; or

(3) Transporting the dog within a fully enclosed vehicle.

(e) A dangerous dog not restrained as required by this section is considered to be running-at-large.

(f) A sign that states “Dangerous Dog” must be posted in a window on each side of a vehicle transporting a dangerous dog under Subsection (d), and the dog must be:

(1) controlled by a line or leash not more than six feet in length and which is held by a person capable of controlling the dog; and

(2) humanely muzzled.

(g) Owners of a dangerous dog must post on the premises where the dog is kept for more the 12 consecutive hours a sign provided by Animal Services informing that a dangerous dog is on the premises. The sign must be plainly visible from each street area adjacent to the premises.

Sec. 3-37. Ownership or custodianship changes of dangerous dogs.

(a) If the ownership or custodianship of a dangerous dog changes, the name and address of the new owner or custodian must be provided to animal services by the previous owner or custodian of the dog.

(b) If the new owner or custodian of a dangerous dog resides in the City, animal services must notify the new owner or custodian that:

(1) the dog is a dangerous dog;

(2) registration of the dog is not transferable; and

(3) the new owner or custodian must comply with the requirements of this division.

(c) When a person residing in the City becomes the owner or custodian of a dog that has been determined to be a dangerous dog under Section 822.0421 of the Texas Health and Safety Code, the new owner or custodian must register the dog on or before the 14th day after the date of receipt of the dog or the 14th day after the date of receipt of notice from the City that the dog has been previously determined to be a dangerous dog, whichever occurs first.

(d) If the new owner or custodian of a dangerous dog does not reside in the City, animal services must notify the new owner and the appropriate animal control authority in the area where the dog has been transferred that the dog has been previously determined to be a dangerous dog.

Sec. 3-38. Vicious animals.

(a) A peace officer or animal services officer may, in the interest of public safety, destroy a vicious animal found running-at-large.

(b) The animal services manager may order an owner of a vicious animal to remove the animal permanently from the city. An order may be appealed to the municipal court in writing within ten days of the issuance of the order. Pending appeal, the animal must be removed from the city or restrained in a manner acceptable to the animal services manager. The court hearing the appeal may uphold, reverse, or modify the order and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the City. If the court upholds the order as given by the animal services manager, the owner may not bring the animal back inside the city limits.

(c) If the owner of a vicious animal fails to remove the animal, as provided for under this section, the animal may be impounded or humanely euthanized.

(d) The owner of a vicious animal must report the disposition and relocation of the animal to the animal services manager in writing not later than the 10^th day after the expiration date for removal of the animal from the city. Each day the letter is not provided after it is due constitutes a violation and a separate offense.

(e) The animal services manager is authorized to obtain a search and seizure warrant if:

(1) A vicious animal ordered to be removed from the city has not been removed; or

(2) The owner of a vicious animal that has been involved in a bite incident or is suspected of having rabies or any other zoonotic disease fails to surrender the animal for quarantine purposes or for humane euthanasia.

Sec. 3-39. Investigation of bite or scratch incidents.

(a) All animal bite or scratch incidents that break the skin must be investigated by animal services. It is unlawful for any person to, without the permission of the animal services manager, kill or remove from the city limits any animal that has bitten any person or other animal or that has been placed under quarantine, except when it is necessary to protect the life of any person or other animal.

(b) Every animal that bites or scratches a human or attacks another animal in an unnatural manner, or has rabies or any other zoonotic disease, or is under suspicion of having rabies or any other zoonotic disease, must be immediately confined by the owner and promptly notify animal services or an animal services officer of the place where the animal is confined and the reason for the confinement. The owner may not permit the animal to come in contact with any other person or animal.

Sec. 3-40. Reserved.

Division 4. Rabies and other Zoonotic Diseases

Sec. 3-41. Designation of Local Rabies Control Authority. The animal services manager is the designated Local Rabies Control Authority and has final authority in all rabies investigations.

Sec. 3-42. Vaccination of dogs and cats.

(a) The owner of a dog or cat must have the animal vaccinated against rabies before the animal reaches four months of age, followed by a rabies vaccine booster within 12 months of the initial vaccination.

(b) After the animal has been vaccinated as required in Subsection (a), the animal must receive a vaccination within:

(1) 12 months of the last vaccination if the animal was vaccinated with an annual vaccine; or

(2) 36 months of the last vaccination if the animal was vaccinated with a triennial vaccine.

(d) The owner of a dog or cat over four months of age must have the animal wear a certificate showing that the animal has been vaccinated in accordance with this section.

Sec. 3-43. Animals exposed to other rabid or diseased animals or carcasses.

(a) The owner of an animal exposed to rabies must immediately confine the animal and promptly notify animal services of the place the animal is confined and the reason for the confinement. The owner may not permit the animal to come in contact with any person or animal.

(b) An animal exposed to rabies must be:

(1) Quarantined under veterinary supervision for at least 90 days immediately following exposure if the exposed animal is not currently vaccinated;

(2) Immediately revaccinated and quarantined under veterinary supervision for at least 45 days immediately following exposure if the exposed animal is currently vaccinated,; or

(3) Humanely euthanized, with notification to or under the supervision of animal services.

(b) It is unlawful for a person to fail or refuse to surrender an animal for supervised quarantine or humane euthanasia, as required for rabies control, when the demand is made by the animal services manager or officers acting under the manager’s discretion.

(c) The animal services manager must direct the disposition of any animal or the carcass of any animal suspected of being rabid or of having a zoonotic disease considered to be a hazard to any human being.

Sec. 3-44. Reserved.

Division 5. Impoundment, adoption, AND QUARANTINE

Sec. 3-45. Impoundment of certain animals.

(a) The following animals are subject to impoundment:

(1) Cats or dogs not wearing current vaccination certificates;

(2) An animal treated in a manner determined by the animal services manager or the designee of the animal services manager to be cruel or inhumane;

(3) An animal that has bitten, scratched, or viciously attacked a person or another animal, or that needs to be placed under observation for rabies or other zoonotic diseases, as determined by an animal services officer;

(4) An animal found running-at-large; or

(5) An animal in violation of any provision of this article.

(b) If an animal described by this section is found on the premises of any person, the owner or occupant of the premises may confine the animal in a humane manner until the owner or occupant notifies animal services to impound the animal. After animal services is notified, an animal services officer must impound the animal.

(c) Animal services must take reasonable effort to contact the owner of an animal impounded that is wearing current vaccination certificates, is microchipped, or is tattooed.

(d) An owner of an impounded animal may redeem that animal during normal business hours of animal services on payment of impoundment fees and veterinary expenses incurred by animal services for the benefit of the animal, and on compliance with the vaccination provisions under this Article. An animal that has been impounded more than four times in a 12-month period will not be released to its owner without the written approval of the animal services manager.

(e) If the owner of an impounded animal is not able to pay an impoundment fee under Subsection (d), the animal may be released to the owner if the owner:

(1) Pays a portion of the fee;

(2) Signs an agreement to pay the balance of the fee on specified dates; and

(3) Has not defaulted on a prior agreement.

(f) An animal, except a vicious, wild, or unvaccinated bite or scratch case animal, that is not reclaimed by the animal’s owner may be humanely euthanized by animal services after being held for 72 hours before euthanasia if the animal is not wearing a current vaccination certificate or 120 hours before euthanasia if the animal is wearing a current vaccination certificate.

(g) A vicious animal that is impounded may be immediately humanely euthanized as deemed appropriate by the animal services manager, unless there is reason to believe the animal has an owner. A wild animal that is impounded may be immediately humanely euthanized in a manner deemed appropriate by the manager of animal services, unless such animal is an endangered species. A wild animal that is considered an endangered species must be immediately reported and turned over to the Texas Department of Parks and Wildlife or their designee for disposition.

(h) To prevent further suffering, an animal that is nursing may be immediately humanely euthanized by animal services if the nursing animal is:

(1) Impounded without the animal’s mother; or

(2) Impounded with the animal’s mother, but where the mother cannot or will not provide nutritious milk.

(i) An impounded animal that appears to be suffering from extreme injury or illness may be humanely euthanized or given to an animal rescue group for the purpose of veterinary medical care, as determined by the animal services manager.

Sec. 3-46. Adoption of dogs and cats.

(a) An impounded dog or cat not wearing a current vaccination certificate, except those under quarantine, may be given up for adoption after 72 hours. An impounded dog or cat wearing current vaccination certificate, except those under quarantine, may be given up for adoption after being held 120 hours.

(b) If the rightful owner of the animal appears on or before the 30th day of the date of adoption, the owner may redeem the animal by paying the adoptee all documented expenses incurred by the adoptee relating to the animal and reasonable board for the animal.

(1) The animal has been classified as adoptable by the animal services officer;

(2) The prospective owner has proper facilities to care for the animal;

(3) The prospective owner obtains all necessary vaccinations for the animal; and

(4) The prospective owner agrees to have the animal sterilized in accordance with Chapter 828 of the Texas Health and Safety Code.

(d) The animal services officer may refuse to allow a person to adopt an animal if the officer has reason to believe the person:

(1) Would not be able to obtain a vaccination certificate;

(2) Would not have proper facilities to contain or care for the animal as required by this article; or

(3) Wants the animal for resale or a purpose other than pet ownership.

(e) If an adopted animal is lost, stolen, given away, or dies, the adopting owner must notify animal services in writing within seven days of the incident.

Sec. 3-47. Quarantine.

(a) An Animal Services Officer may order the quarantine of an animal involved in an incident resulting in bites or scratches that break the skin, or an animal suspected of having any zoonotic disease to be a hazard to the human or animal population.

(b) If an animal services officer or the animal services manager orders quarantine other than in a veterinary hospital, the owner is responsible for confining the animal and must comply with written procedures regarding the quarantine as provided to the owner by the animal services officer. The owner must be required to obtain the same veterinary supervision of the animal and release from quarantine as would be required under a supervised quarantine. The owner must pay all fees and expenses incurred as a result of the quarantine prior to release of the animal.

(c) The owner must surrender possession of the animal to animal services on demand for supervised quarantine. Supervised quarantine must be at a veterinary hospital or by any other method of adequate confinement approved by the animal services manager. The quarantine must be at least ten days and under the supervision of a licensed veterinarian, who must submit to animal services reports on the quarantined animal's physical condition on the first, fifth and 10th days immediately following the date of bite incidents or any of the other above-enumerated purposes for quarantine. A release from quarantine must be issued if no signs of rabies or other diseases have been observed during the quarantine period.

(d) A violation of quarantine by any person is just cause for seizure and impoundment of the quarantined animal by animal services. It is unlawful for any person to interrupt the observation period of any animal for any reason.

(e) A person having possession of a quarantined animal must immediately notify animal services if the animal escapes, becomes sick, or dies. An animal that dies while under quarantine must be immediately surrendered to animal services.

(f) An animal under quarantine for rabies must receive a rabies vaccination before the animal’s release from quarantine if the animal does not have a current vaccination certificate.

Sec. 3-48. Disposition of Cruelly Treated Animals. Sections 3-45 and 3-46 do not apply to an animal impounded under Subchapter B, Chapter 821 of the Texas Health and Safety Code.

Secs. 3-49--3-50. Reserved.

DIVISION 5. ENFORCEMENT

Sec. 3-51. Violation. It is unlawful for any person to violate a provision of this article or interfere with any animal services officer in the performance of the officer’s duties.

Section 2. That Sec. 2-61 (b) of the Code of Ordinances is amended to read as follows:

(b) Membership and qualifications. The city council appoints five members to the board. The membership must include:

(1) A licensed veterinarian;

(2) A municipal official;

(3) A person whose duties include the daily operation of an animal shelter;

(4) A representative from an animal rescue group, as that term is defined under Chapter 3, Article II of this Code; and

(5) A citizen of the City that actively volunteers with the Animal Services Division.

Section 3. That Section 2-136 (1) of the Code of Ordinances is amended to read as follows:

(1) Animal Services:

(a) Impoundment. . . . $27.25

(b) Shelter, per day . . . 11.75

i. Dogs. . . . . . 100

ii. Cats. . . . . . . 85

(d) Registration of Dangerous Dog . . . 100

Section 4. That any person found guilty of violating this ordinance will be fined not more than $500.00 for each offense. Notice of the enactment of this ordinance will be given by publishing the ordinance or its descriptive caption and penalty in the City's official newspaper one time within thirty days of passage.

Section 5. That the provisions of this ordinance are severable and the invalidity of any part of this ordinance will not affect the validity of the remainder of the ordinance.

APPROVED on first consideration on __________________________, 2008.

ADOPTED upon second consideration on _______________________, 2008.

__________________________

James A. Thompson, Mayor

ATTEST:

____________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance: