HomeMy Public PortalAboutOrdinance No. 421-79 05-21-1979 ORDINANCE NO. 421
ANIMAL CONTROL ORDINANCE
AN ORDINANCE PROVIDING FOR THE CONTROL OF ANIMALS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING A VIOLATION FOR
RUNNING AT LARGE; PROVIDING FOR FEES; PROVIDING FOR QUARANTINE;
PROVIDING FOR NUISANCES; PROVIDING PROHIBITION OF CERTAIN ANIMALS:
PROVIDING FOR CONTROL OF VICIOUS ANIMALS; PROVIDING FOR REGULAT-
ION OF COMMERCIAL BUSINESSES: PROVIDING FOR REGULATION OF LIVE-
STOCK, FOWL, AND RABBITS; PROVIDING FOR SANITARY CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS,
TEXAS:
Section 1
Ordinances 31, 151, 201, 210, 214, 237 are hereby repealed.
• Section 2-l. Definitions
1. Animal - shall mean any living creature, including, but not
limited to: dogs, cats, cows, horses, birds, fish, mannals,
reptiles, insects, fowls, and livestock, but specifically
excluding human beings.
2. Wild Animal - shall mean any poisonous or dangerous reptile,
or any other animal which can normally be found in the wild
state not normally capable of being domesticated, including
but not limited to; skunks, foxes, leopards, panthers, tigers,
lions, lynx, unless certified for medical, biological, her-
petological, or other scientific research or study.
3. Vicious Animal - shall mean any individual animal of any
species that has on two previous occasions without provo-
cation attacked or bitten any person or other animal, or
any individual animal which the Animal Control Officer has
reason to believe has a dangerous disposition, or any species
of animal which the officer has reason to believe has a
dangerous disposition likely to be harmful to humans or other
animals.
4. Animal Control Officer - shall mean any person designated
by the Chief of Police to enforce the provisions of this
• ordinance.
5. Small Livestock - shall mean all types of domesticated swine,
sheep, and goats.
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6. Large Livestock. - shall mean horses or any member of the
domesticated horse family, including but not limited to:
mules, donkeys, and ponies; and all types and varieties
of cattle, bulls, and all members of the cow family.
7. Owner - shall mean any person, firm, or corporation having
title to any animal; or a person who has, harbors, or keeps,
or who causes or permits to be harbored or kept, an animal
in his care.
8. Animal Control Officer - shall mean the person designated
by the City Council to supervise all aspects of animal control.
9. Running at Large - shall mean not completely confined by a
building, wall, or fence of sufficient strength or construct-
ion to restrain the animal, except when such animal is
either on a leash, or held in the hands of the owner or
keeper, or under direct supervision of the owner within the
limits of the owner's private property.
10. Animal Control - shall mean the Animal Control Division of
the City of Richland Hills.
11. Commercial Stable - shall mean a facility where a fee is
charged to hov~~~<, pasture, or rent horses or other livestock.
Section 2-2. Enforcement
Enforcement of this ordinance shall be the responsibility
of the Chief of Police or any Animal~Cantrol Officer..
Any Animal Control Officer shall have the authority to
issue citations for any violation of this ordinance.
If the person being cited is not present, the Animal Control
Officer may send the citation to the alleged offender by reg-
istered or certified mail.
It shall be unlawful for any person to interfere with any
Animal Control Officer in the performance of his duties.
Section 2-3. Running at Large
A. It shall be unlawful for any dog or other animal po-
ssessed, kept, or harbored, to run at large, as is defined in
Section 2-1 (9) of this ordinance.
B. The Supervisor of Animal Control is authorized to
impound such animals running at large.
Section 2-4. Animal Registration
A. All dogs and cats over six months of age must be
vaccinated annually for rabies with an anti-rabies vaccine
approved by the City Health Officer and administered by a duly
3
authorized veterinarian. A metal certificate of vaccination
with the year of vaccination, a certificate number, and the name,
address and phone number of the vaccinating veterinarian, must
be securely attached to a collar or harness that must be worn
by the animal at all times. In addition to the metal certificate,
a paper certificate must be issued stating the name of the owner,
the address of the owner, description of the animal, the date of
the vaccination, the number of the metal certificate and the
kind of vaccine used.
B. No owner shall have within the city any dog or cat six
months of age or older unless such dog or cat is currently reg-
istered with the City. A current metal registration certificate
issued by the City, must be affixed to a collar or harness that
must be worn by the animal at all times. No dog or cat shall
be registered until it has a current vaccination.
Application for initial issuance or renewal of each
registration must be made by the owner in writing or in person,
and be accompanied by a fee of three dollars ($3.00), unless
the cat or dog being registered has been neutered or spayed
and proof of such surgical sterilization can be shown, then the
fee will be one dollar ($1.00). If the original current regis-
tration certificate is lost or destroyed, the owner may obtain
a duplicate registration from the City by paying a fee of one
dollar ($1.00). Dogs and cats under the age of one (1) year
shall be registered at the sterilized fee. Animals may be
exempted from sterilization or rabies vaccination provision
upon written recommendation from a veterinarian that such alter-
ation would be harmful or dangerous to the animal.
Registration certificates shall be renewed annually. The
registration period will be from January 1 to December 31. Cer-
tificates for the new period shall be available for sale at
least thirty (30} days in advance of, and sixty (60) days follow-
ing, January lst and shall constitute a valid registration upon
issuance.
Registration and/or vaccination certificates (and tags) shall
be valid only for the animal for which it was originally issued.
If there is a change in ownership of a registered dog or
cat, the new owner shall have the registration transferred to
his name. There shall be no charge for said transfer. Application
for such transfer shall be made to the City in writing or in
person.
Fee-exempt registrations may be issued for the following:
1. Police or sheriff's department dog, and
2. Dogs trained to assist the audio or visually impaired
person.
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Eligibility for fee exempt registration does not relieve
the owner of his responsibility under other provisions of this
chapter.
C. The city may refuse to register an animal, or revoke a
permit issued to any person who has been convicted in any duly
authorized court of jurisdiction in the State of Texas, or resides
with any person so convicted of any of the following:
1. Cruelty to animals as defined in the Texas Penal Code,
Article 42.11, inhumane treatment, or negligence to an
animal, and
2. Conviction of four (4) or more separate and distinct
violations of an animal control ordinance of a muni-
cipality in the State of Texas within any twelve month
period.
Any person denied such a registration may appeal the refusal
to a committee made up of the Chief of Police, or his appointed
representative, the Mayor or his appointed representative, and the
City Attorney or his appointed representative. This committee
shall uphold or overturn the refusal to issue a registration
certificate.
D. Every person having care, control, or custody of any dog
which has received guard dog training must register such dog with
the city. Any dog which has received guard dog training may be
destroyed when such dog is found running at large. The owners
or keepers of guard dogs shall be subject to the other provisions
of this seciton. An ID collar identifying the dog as a guard
dog must be worn at all times, and the dog must wear a muzzle
when out of confinement.
Section 2-5. Impoundment
A. The following animals may be impounded:
1. Cats and dogs not exhibiting evidence of being vacci-
nated or registered, as described in Section 2-5.
2. Any animal infected or kept under conditions which could
endanger the public or animal health.
3. Any animal that creates a nuisance, as defined in 2-9.
4. Any animal running-at-large, as stipulated in Section 2-5.
5. Any animal treated in a manner determined by the
Animal Control Officer to be cruel or inhumane.
6. Any animal that has bitten a human being, or needs to
be placed under observation for rabies determination.,
as determined by an Animal Control Officer.
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7. Any animal violating any provision of this ordinance.
. B. If any of the animals named in this ordinance are found
upon the premises of any person, the owner or occupant of the
premises shall have the right to confine such animal in a humane
manner until he can notify an Animal Control Officer to come and
impound such animal. When so notified, it shall be the duty of
an Animal Control Officer to have such animal impounded as herein
provided.
C. Reasonable effort shall be made by an Animal Control Off-
icer to contact the owner of any animal impounded which is wear-
ing a current registration tag; however, final responsibility for
location of an impounded animal is that of the owner.
D. The owner can resume possession of any impounded animal
upon payment of impoundment fees, handling fees, and any veteri-
narian bills incurred by Animal Control for the welfare of the
animal, and upon compliance with vaccination and registration
provisions of this code, except where prohibited in Subsections
E and F of this Section.
E. Disposition of animals impounded on the grounds of cruel
or inhumane treatment shall be determined by the court of juris-
diction.
F. If any animal is being held under quarantine or observation
• for rabies, the owner shall not be entitled to possession until
it has been released from quarantine.
G. The Mayor shall select and establish a place for impound-
ing all animals impounded under any provision of this ordinance.
H. Any animal, except vicious or wild animals, not reclaimed
by the owner may be humanely euthanized after being impounded for
96 hours, except that any animal wearing a current registration
and/or vaccination tag shall be impounded for (14) days.
I. Any impounded vicious or wild animal, unless there is
reason to believe that it has an owner, may be immediately disposed
of as may be deemed appropriate by an Animal Control Officer.
J. Any nursing baby animal impounded without the mother, or
where the mother cannot or refuses to provide nutritious milk, may
be immediately euthanized to prevent further suffering.
K. Any impounded cat or dog not wearing a registration certif-
icate may be given up for adoption after ninety six (96} hours,
except those under quarantine. Any impounded cat or dog wearing
a registration certificate may be given up for adoption on the
fifteenth (15) day of confinement. If the rightful owner appears
for his cat or dog within thirty (30} days of adoption, he may
redeem the animal by paying the adoptee all documented expenses
• incurred for the animal.
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L. An owner who no longer wishes responsibility for an animal,
or believes the animal to be in an ill or injured condition, may
sign a written waiver supplied by the Animal Control Officer
allowing the animal to be immediately euthanized in a humane
manner, provided that no warm blooded animal that has bitten a
human being shall be euthanized before expiration of the ten (10)
day quarantine period.
M. Any impounded animal that appears to be suffering from
extreme injury or illness may be euthanized or given to a non-
profit humane organization for the purpose of veterinary medical
care, as .determined by the Animal Control Officer.
Section 2-6. Impoundment Fees
A. Impoundment fees shall be: First Second Third Fourth
Imp. Imp. Imp. Imp.
in 12 in 12 in 12 in 12
Months Months Months Months
(1) Class A. Dogs and cats,
each dog or cat-spayed $10.00 $20.00 $40.00 $80.00
or neutered.
Unspayed or unneutered. $15.00 $30.00 $60.00 $120.00
(If proof of surgical
sterilization is provid-
ed within fifteen (15 )
days from the date an
animal is registered,
the difference in im-
poundment and other
fees between steriliza-
tion a.rid unsterilization
will he refunded). Dogs
and cats under the age
of one year shall be
charged the sterlilza-
tion fee. Animals may
be exempted from steri-
lization upon written
recommendation from a
licensed veterinarian
that such alternatives
would be harmful or
dangerous to the ani-
mal. Owners of these
animals are to be sub-
ject to the lower im-
poundment fee.
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First Second Third Fourth
Imp. Imp. Imp. Imp.
in 12 in 12 in 12 in 12
Months Months Months Months
(2) Class B. Small live-
stock; such as: goats, $30.00 $40.00 $50.00 $60.00
sheep, lambs, calves,
foals, and animals of
the same approximate
size and weight, each
animal
(3) Class C. Large Live-
stock; such as: cattle, $50..00 $60.00 $70.00 $80.00
horses, ponies, mules,
and animals of the same
approximate size and
weight, each animal--
(4) Class D. Wild Animals.
For wild animals requir- SAME AS CLASS C
ing capture by division
personnel (If animal al-
ready contained, impound-
ment fee is same as Class
A neutered).
•
(5) Animals not listed here-
in above shall be dis-
posed of at discretion
of Animal Control Offi-
cer.
B. A daily handling fee shall be charged for every day, or
fraction thereof, that an animal is at the animal shelter. Said
fee shall be based upon the class of animal enumerated in (A)
above.
Class A $ 5.00
Class B 5.00
Class C 7.00
Class D 7.00
C. The owner of any cat or dog bald in quarantine for obser-
vation purposes shall be charged $5.00 for every day or fraction
of a day an animal is at the animal shelter. This is in addition
to any impoundment fee.
D. Adoption
1. An individual may adopt an animal (dogs and cats only)
from the City Animal Shelter under the following
8
conditions:
• a. The animal has been classified as adoptable by the
Animal Control Officer,
b. The prospective adopter has proper facilities to
care for the animal,
c. The prospective adoptor obtains all necessary vacci-
nations and registrations at his expense.
d. The fee for adoption shall be $10.00 plus costs
incurred in item c. The purchaser of any dog or cat
must have it vaccinated, spayed, or neutered, and
obtain a license within thirty (30) days after
purchase, or the Animal Control Officer shall have
the right of immediate return of the animal to the
Animal Shelter, provided the Animal Control Officer
shall allow additional time in the case of dogs or
cats less than six (6) months of age.
2. The Animal Control Officer may refuse to allow
a person to adopt a cat or dog of whom he has
reason to believe:
a. Would not be able to obtain a registration
• certificate under restrictions of this code,
b. Would not have proper facilities to contain
or care for the animal, as required by this
code,
c. Wants the dog or cat for the purpose of re-
sale or for purposes other than pet ownership,
and
d. Would not be a suitable owner within the sole
discretion of the Animal Control Officer.
e. That the cat or dog would be a hazard to hu-
mans or other animals.
Section 2-7. Animal Quarantine
A. The Animal Control Officer shall have the authority to
order the quarantine of animals responsible for bite incidents,
or suspected of having any zoonotic disease considered to be a
hazard to the human population or other animals.
B. Every animal that bites a human or attacks another ani-
mal in an unnatural manner, or has rabies or any other zoonotic
disease, or is under suspicion of having rabies, or any other
zoonotic disease, shall be immediately confined by the owner,
9
who shall promptly notify the Animal Control Officer, of the place
where such animal is confined and the reason therefor. The owner
shall not permit such animal to come in contact with any other
person or animal. The owner shall surrender possession of such
animal to the Animal Control Officer on demand for supervised
quarantine. Supervised quarantine shall be at the animal shelter
or a veterinary hospital, or by any other method of adequate
confinement approved by the Animal Control Officer. The quaran-
tine shall be for not less than ten (10) days and shall be under
the supervision of a veterinarian, who shall submit to Animal
Control written reports as to the animal's health on the initial
day of observation and on the fifth and the tenth days immediate-
ly following the date of said bite incident or above enumerated
purposes of quarantine. A release from quarantine may be issued
if no signs of rabies or other diseases have been observed during
the quarantine period.
Any animal quarantined other than at the Animal Shel-
ter shall be observed by the same veterinarian throughout the
entire required quarantine period in the same manner as outlined
above, and the owner shall immediately notify the Animal Control
Officer as to the veterinarian supervising the quarantine.
If the Animal Control Officer orders quarantine other
than in the Animal Shelter or veterinary hospital, the owner
shall be responsible for confining the animal. He shall also
be required to obtain the same veterinary supervision of the an-
imal, and release from quarantine as required in a veterinary
hospital or at the animal shelter.
C. The violation of quarantine by any person shall be
just cause for seizure and impoundment of the quarantined
animal by Animal Control. It shall be unlawful for any person
to interrupt the observation period.
D. All animal bite reports shall be investigated by
Animal Control. Without permission of the Animal Control Off-
icer, it shall be unlawful for any person to kill or remove
from the city limits any animal that has bitten a person or
other animal, or that has been placed under quarantine, except
when it is necessary to kill such animal to protect the life
of any person or other animal.
E. The Animal Control Officer shall direct the dis-
position of any animal suspected of being rabid or having any
other zoonotic disease considered to be a hazard to any other
animal or human being.
F. The carcass of any dead animal exposed to rabies,
or suspected of having been rabid, shall, upon demand, be
surrendered to the Animal Control Officer.
G. Every animal that has been bitten by another animal
shall be immediately confined by the owner, who shall prompt-
ly notify the Animal Control Officer of the place where such
animal is confined, and reason therefor. The owner shall not
permit such animal to come in contact with any person or animal.
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Any animal exposed to rabies shall be handled in one
of the following manners:
1. Humane destruction, with notification to, or under super-
vision of, Animal Control Officer.
2. If not currently vaccinated, quarantine in a veterinary
hospital for at least six (6) months immediately follow-
ing the date of the exposure; or
3. If currently vaccinated, immediate revaccination and
quarantine for at least thirty (30) days immediately
following the date of the exposure.
H. No person shall fail or refuse to surrender an animal for
supervised quarantine or humane destruction, as required herein
for rabies control, when demand therefor is made by an Animal
Control Officer.
I. Any person having possession of, or responsibility for,
any quarantined animal shall immediately notify the Animal Control
Officer if such animal escapes, or becomes or appears to become
sick, or dies; and, in case of death of the animal while under
quarantine, shall immediately surrender the dead animal to the
Animal Control Officer for diagnostic purposes.
Section 2-8. Animal Nuisance
The following shall be considered a public nuisance and shall
be unlawful:
A. The keeping of any animal, which causes frequent or long
continued offensive odors in the vicinity.
B. The keeping of any animal in such a manner as to endanger
the public health; to annoy neighbors by the accumulation
of animal wastes which cause foul and offensive odors,
or are considered to be a hazard to any other animal or
human being; or by continued presence on the premises of
another.
C. All animal pens, stables or enclosures in which any ani-
mal may be kept or confined which, from use, have become
offensive to a person of ordinary sensitivities.
D. The keeping of bees in such a manner as to deny the law-
ful use of adjacent property or endanger personal health
and welfare.
E. Persistent laxness in supervision of animals that this
results in disturbance to persons of ordinary sensibilities.
F. It shall be unlawful for any person to harbor or keep on
his premises, or in or about his premises, or premises
under his control, any dog or animal of the dog kind,
which by loud or unusual barking or howling shall cause
the peace or quiet of the neighborhood or the occupants
11
of adjacent premises to be disturbed.
Section 2-9. Prohibited Animals
A. It shall be unlawful for any person to sell, offer for
sale, barter, or give away as toys, premiums or novelties, baby '
chickens, ducklings or other fowl under three (3) weeks old;
rabbits under two (2) months old; unless the manner or method of
display is first approved by the Animal Control Officer.
B. It shall be unlawful to color, dye, stain, or otherwise
change the natural color of any chickens, ducklings, other fowl,
or rabbits, or to possess for the purpose of sale or to be given
away, any of the above mentioned animals which have been so col-
ored.
C. It shall be unlawful to keep any wild animal inside the
City of Richland Hills.
D. It shall be unlawful to release or allow to run-at-
large any wild or vicious animal.
Section 2-10. Vicious Animals
A. Any vicious animal found running-at-large may be destroy-
ed by any peace officer or animal control officer in the interest
of public safety.
B. The Animal Control Officer may order any owner or person
having care, control, or custody of any vicious animal to take
such animal permanently from the city. This animal must be re-
moved immediately following receipt of such an order, even if
an appeal is initiated. This order may be appealed in writing
within ten (10) days to a committee made up of the Chief of Police
or his representative, the Mayor or his representative, and the
City Attorney or his representative. Such committee may uphold,
reverse or modify the Animal Control Officer order, and may
stipulate restrictions on the animal as a condition to allowing
the animal to remain in the city. If the committee upholds the
Animal Control Officer's order, the owner or person having care,
control, or custody shall not bring the animal back inside the
city limits.
C. If the owner or person having care, custody or control
of a vicious animal fails to remove such animal as provided for
in Subsections A and B of this section, such animal may be im-
pounded and/or destroyed.
D. The owner or person having care, custody, or control of
a vicious animal must report the disposition and relocation of
such animal to the Animal Control Officer, in writing, within ten
(10) days after the expiration date for removal of such animal
from the city. Each day thereafter such information is not pro-
vided shall constitute a separate offense.
E. The Animal Control Officer shall be authorized to obtain
a search and seizure warrant if there is reason to believe that
an animal ordered removed from the city for being vicious has not
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been so removed.
Section 2-11. Commercial Business
A. No person shall conduct the commercial business of sell-
ing, grooming, breeding, showing, exhibiting or boarding of animals
without a valid permit from the Animal Control Officer.
B. Every person engaged in the business of buying, selling,
grooming, breeding, showing, exhibiting or boarding of animals,
and all persons who conduct animal club shows, must comply with
all existing regulations governing said business or show, and
shall maintain said animals in compliance with this code so as not
to endanger the public or animal health or safety, or create a
nuisance.
C. Every person holding a permit hereunder shall maintain
accurate records of all transactions involving animals, which
records shall show the date, type of animal, animal registration
number, and parties to such transaction. Such records shall be
kept for a period of one-year and must be available for inspection
upon request by the Animal Control Officer.
D. Application for permits shall be made to the Animal Con-
trol Officer on forms furnished by Animal Control. The appli-
cation will not be approved until certification has been received
from appropriate city officials that the zoning, construction and
facility comply with existing ordinances for establishments hous-
ing such business. If the permit application is approved by the
Animal Control Officer, he shall issue the permit upon payment of
the appropriate fee.
The Animal Control Officer shall make any inspections
necessary to assure compliance under this chapter. Animals shall
be kept under sanitary conditions so as not to endanger the pub-
lic or animal health, or create a nuisance.
E. All permits issued under this section shall be valid for
the following 12 months and shall be renewed annually thereafter
by proper written application and payment of fee. No permit
issued under this section shall be renewed without the approval of
the Animal Control Officer. Permits to show or exhibit animals
(rodeos, circuses, shows, etc.) shall be valid only for the thirty-
day period immediately following issue. No permit shall be trans-
ferable.
F. The Following fees shall be charged for:
1. Show or exhibition $10.00
2. Grooming $10.00
3. Dealer (Retail and/or Wholesale $25.00
Distributor)
4. Commercial (not covered by Dealer) $25.00
5. Commercial Stables $25.00
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Persons requiring more than one such permit shall be
charged one fee for all of the permits. Such fee shall be equal
to the amount of the highest individual permit fee which would
have been charged if the permits had been separately issued.
G. In cases involving a scientific or educational program,
a nonprofit organization's show, exhibition, or humane activity,
or animals owned by the city, the Animal Control Officer may
waive requirements of this section concerning permits, fees, or
conditions, within his discretion.
H. All businesses described in this Section must display
the required permits in public view at said business.
I. Licensed veterinarians and veterinary clinics are ex-
empt from this Section.
J. The Animal Control Officer may revoke any permit for
failure to comply with regulations contained herein. Revocation
may be appealed within ten (10) days to an Administrative Appeals
Board comprised of the Mayor or his representative, the Police
Chief or his representative, and the City Attorney or his repre-
sentative.
K. Any form of animal trapping or poisoning without a permit
from the Animal Control Officer is prohibited.
Section 2-12. Livestock
A. It shall be unlawful for a person to keep any swine
within the city limits.
B. It shall be unlawful for any person to keep a cow or
horse on any premises, the overall area of which is less than one-
third (1/3) of an acre for each cow or horse kept, or keep
more than can be cared for under sanitary conditions and not
create a public nuisance and, in no event, exceed the permitted
number of adults, and their foals or calves up to six (6) months
of age. The number of cows or horses permitted shall not ex-
ceed one adult per one-third (1/3) acre for the first acre, and
two (2) adults per acre for each additional acre over two (2)
acres of a single tract of land. The persons in lawful poss-
ession of the premises, as owner or tenant, may keep thereon cows
or horses belonging to others, but limitation to number of cows
or horses on the premises and the area and distance requirements
of this article shall still apply; and keeping of cows or horses
for others shall not be done as a business in violation of the
zoning ordinance.
C. Any enclosure, pen, corral, or other restrictive areas
for small livestock shall consist of a solid wall stretching from
the ground to at least four (4) feet in height, that does not
sway or give way when tested by an Animal Control Officer, or
shall consist of a fence. Such a fence must have at least sixteen
(16) guage wire arranged in a grid pattern (hogwire) with the max-
imum size of any grid in the wire being seven and one-half (7")
inches by twelve (12'")inches. This wire pattern must stretch con-
14
tinously from the ground to a least thirty-two (32) inch-
es above the ground. Above this wire pattern must be stretched
tautly at least two (2) strands of at least sixteen (16) gauge
wire with one of these strands at least four (4) feet above the
ground. The maximum distance allowed between fence posts shall
be fifteen (15) feet. The fence posts must not sway more than
six (6) inches when tested by an Animal Control Officer. Trees
may not be used as fence posts.
Gates for such a small livestock enclosure shall be
mounted on hinges to a solid wall or fence post and stretch from
the ground to at least four (4) feet above the ground. Such a
gate must connect with another fence post or solid wall in such
a manner that small livestock cannot pass through it, and the gate
itself must be constructed so that there is not an opening in it
larger than seven and one-half (7 Z) inches by twelve (12) inches.
Such gates must have a latch or chain attached, capable of keeping
the gate closed when tested by an Animal Control Officer. Gates
must be kept closed except when a human being is passing through
a gate.
D. Any enclosure, corral, or restrictive area for large
livestock shall consist of a solid wall stretching from the
ground to at least four (4) feet above the ground, that does not
sway or give way when tested by an Animal Control Officer; or
shall consist of a fence. Such a fence must have at least 16
gauge wire stretched tautly between fence posts. Such a fence
shall have at least four strands of wire with one strand one (1)
foot above the ground and one strand at least four feet above the
ground, with the two other strands uniformly spaced between the
top and bottom strands. The maximum distance between fence posts
shall be fifteen (15) feet. The fence posts must not sway more
than six (6) inches when tested by an Animal Control Officer.
Trees may not be used as fence posts.
Gates for large livestock shall be mounted on hinges to
a solid wall or fence and stretch from one (1) foot above the
ground to at least four (4) feet above the ground. Such a gate
must connect with another fence post or solid wall in such a man-
ner that large livestock cannot pass through it, and the gate
itself must be constructed so that there is not an opening in it
large enough for large livestock to pass through. Such gates
must have a latch or chain attached capable of keeping the gate
closed when tested by an Animal Control Officer. Gates must be
kept closed, except when a human being is actually passing
through a gate.
E. When small and large livestock are kept together the
standards for small livestock must be met.
F. It shall be unlawful for any person, firm, or corpor-
ation to keep on premises under-his or its control, within the
city limits, any small or large livestock in such a manner that
15
the livestock will be quartered closer than fifty (50) feet from
any human living quarters, other than the owner or keeper's living
quarters.
G. Male equines (horses) capable of breeding will be confined
in such a manner that said animal will not be dangerous to human
beings, and all breeding will be under the control of the owner
or handler.
Section 2-13. Fowls & Rabbits
The owner or person in possession of animals shall keep yards,
pens, and enclosures in which such animals are confined in such
a manner so as not to give off odors offensive to persons of ord-
inary sensibilities residing in the vicinity, or to breed or
attract flies, mosquitoes, or other noxious insects, or, in any
manner, to endanger the public health or safety, or create a
public nuisance.
All persons keeping such animals shall comply with the follow-
ing sanitary regulations:
1. Manure and droppings shall be removed from pens, stables,
yards, cages and other enclosures at least twice weekly
and handled or disposed of in such manner as to keep the
premises free of any nuisance.
2. Mound storage of droppings or manure between such remov-
als shall be permitted only under such conditions as to
protect against the breeding of flies and to prevent
migration of fly larvae (maggots) into the surrounding
soil.
3. The feeding of vegetables, meat scraps, or garbage shall
be done only in impervious containers or on an impervious
platform.
4. Watering troughs or tanks shall be provided which shall
be equipped with adequate facilities for draining the
overflow so as to prevent the breeding of flies, mos-
quitoes, or other insects.
5. No putrescible material shall be allowed to accumulate
on the premises, and all such material used to feed
which is unconsumed shall be removed and disposed of
by burial or other sanitary means.
6. Any pen or enclosure shall be maintained in such a manner
as to be not less than five (5) feet from any adjoining
residentially zoned property.
Section 2-15. Pet Care
The following are established as guidelines for pet and ani-
mal care and not intended to contravene with the provisions for
animal cruelty as contained in the Texas Penal Code.
A. No owner shall fail to provide his animals with sufficient
good and wholesome food and water, proper shelter and protection from
16
the weather, veterinary care when needed to prevent suffering, and
with humane care and treatment.
B. No person shall beat, cruelly ill-treat, torment, overload,
overwork, or otherwise abuse an animal; or cause, instigate, or
permit any dogfight, cockfight, bullfight, or other combat between
animals or between animals and humans.
C. No owner of an animal shall abandon such animal.
D. No person shall crop a dog's ears, except when a licensed
veterinarian issues a signed certificate that the operation is
necessary for the dog's health and comfort, and in no event shall
any person except a licensed veterinarian perform such an operation.
E. Any person who, as the operator of a motor vehicle, strikes
a domestic animal shall stop at once and render such assistance
as may be possible and shall immediately report such injury or
death to the appropriate local law enforcement agency.
Section 2
Penalty
Any person, firm, or corporation violating any provision of
this code shall, upon conviction, be punished in accordance with
Section 1-5 of this code.
Section 1-5. General penalty for violations of Code; continuing violations
Whenever in this Code or in any ordinance of the city an act
is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or wherever in such Code or ordinance the doing
of any act is required or the failure to do any act is declared to
be unlawful, and no specific penalty is provided therefor, the
violations of any such provision of this Code or any such ordinance
shall be punished by a fine of not exceeding two hundred dollars
($200.00); provided, however, that no penalty shall be greater or
less than the penalty provided for the same or a similar offense
under the laws of the state. Each day any violation of this Code
or of any ordinance shall continue shall constitute a separate
offense.
Section 3
Savings Clause
It is hereby declared to be the intention of the City Council
of the City of Richland Hills, that the sections paragraphs, sen-
tences, clauses and phrases of this code are severable; and, if
any phrase, clause, sentence, paragraph or section of this ord-
inance shall be declared unconstitutional, such unconstitutionality
or invalidity shall not affect any of the remaining phrases, clau-
ses, sentences, paragraphs or sections of this ordinance since
the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional or
invalid phrase, clause, sentence, paragraph or section.
17
Section 4
That all ordinances or parts of ordinances found to be in
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict.
Section 5
The position of Animal Control Officer of Richland Hills
is hereby continued.
Such Animal Control Officer and assistant shall be approved,
employed by and assigned to the City of Richland Hills Police
Department, and the compensation of such officers shall be deter-
mined from time to time by the City Council.
Section 6
This ordinance shall become effective upon adoption and
publication as required by law.
PASSED AND APPROVED on the 21st day of May, 1979.
THE CITY OF RICHLAND HILLS,
BY
Ma o
ATTEST:
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