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HomeMy Public PortalAboutOrdinance No. 894-01 04-10-2001 • ORDINANCE NO. 894-01 AN ORDINANCE AMENDING SECTION 7 "QUARANTINE AND RABIES CONTROL" OF CHAPTER 2 "ANIMAL CONTROL" OF THE RICHLAND HILLS CODE OF ORDINANCES, AS AMENDED, TO PROVIDE FOR HOME QUARANTINE OF ANIMALS SUSPECTED OF HAVING RABIES; AMENDING SECTION 1 "DEFINITIONS" OF SAID CHAPTER 2 "ANIMAL CONTROL" TO INSERT DEFINITIONS FOR A "POTENTIALLY DANGEROUS ANIMAL" AND TO ADD FENCING MODIFICATIONS TO THE LIST OF REMEDIAL MEASURES CONTAINED THEREIN; AMENDING SECTION 11 "DANGEROUS DOGS" TO ADD PROVISIONS REGULATING POTENTIALLY DANGEROUS ANIMALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, the provisions of the Richland Hills animal control ordinance do not currently provide for home quarantine of domestic animals suspected having rabies; and WHEREAS, it is desirable to provide for home quarantine under regulations which • adequately protect the health, safety and welfare of other members of the community; and WHEREAS, the current animal control ordinance in the City of Richland Hills does not provide for regulating potentially dangerous animals; and WHEREAS, a balancing of the rights of animal owners with the rights of their neighbors and other members of the community requires that regulations be enacted to protect neighbors and members of the community from potentially dangerous animals; and WHEREAS, the following ordinance provisions are found by the Richland Hills City Council to promote the health, safety and welfare of the citizens of Richland Hills. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Subsection B "QUARANTINE OF ANIMALS WHICH HAVE BITTEN" of Section 7 "QUARANTINE AND RABIES CONTROL" of Chapter 2 "ANIMAL CONTROL" of the Richland Hills Code of Ordinances, as amended, be hereby amended to hereafter be and read as follows: • B. QUARANTINE OF ANIMALS WHICH HAVE BITTEN Every animal that bites a human or attacks another animal in an unnatural manner, shall be immediately confined by the owner, 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 the 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. The quarantine shall not be for less than ten (10) days, not including the day of the bite. A release from quarantine may be issued if a veterinarian determines that the quarantined animal does not show the clinical signs of rabies. Any veterinary hospital possessing 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. Home quarantine may be allowed, but only in the sole discretion of the Animal Control Officer. The Animal Control Officer may allow home quarantine if all criteria therefor in any applicable state laws and regulations are met, and if the Animal Control Officer is satisfied, • in the officer's sole discretion, that the animal's owner understands, and will abide by, both the applicable provisions of state law and regulations and the current rules for home quarantine as issued by the Richland Hills Animal Control Division. If the owner of a quarantined animal does not reclaim the animal within four (4) days after the expiration of the quarantine period the animal maybe disposed of as described in Section 6 above. II. That Subsection (6) "DANGEROUS ANIMAL" of Section 1 "DEFINITIONS" of Chapter 2 "ANIMAL CONTROL" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new paragraph (c), which new paragraph shall hereafter be and read as follows: (c) A "potentially dangerous animal" is an animal that displays aggressive tendencies while inside an enclosure which would cause a person of normal sensibilities to fear that person's safety, where the enclosure in which the animal is being kept is not sufficient to ensure the safety of persons on adjoining property, or the public at large. • ORDINANCE NO. 894-O1 PAGE 2 • III. That Subsection (13) "Remedial Measures" of Section 1 "DEFINITIONS" of Chapter 2 "ANIMAL CONTROL" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new paragraph (k), which new paragraph shall hereafter be and read as follows: (k) Modification of fencing. The fencing must be modified, to the extent deemed necessary by the Animal Control Officer in the Officer's sole discretion, to prevent the animal from escaping or causing injury to a person. Such modifications may include, but are not limited to, extending the height of the fence to prevent escape or access to neighboring property by jumping or climbing, securing or burying the bottom of the fence to prevent escape or access to adjoining property by digging, or a requirement that specified fencing material be used to prevent the animal from tearing down or destroying the fencing or inflicting injury through it. IV. That Section 11 "DANGEROUS DOGS" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by renaming said section "DANGEROUS DOGS . AND POTENTIALLY DANGEROUS ANIMALS", and by the addition thereto of a new Subsection D "POTENTIALLY DANGEROUS ANIMAL", which new subsection shall hereafter be and read as follows: D. POTENTIALLY DANGEROUS ANIMAL (1) If the Animal Control Officer determines that an animal fits the definition of a "potentially dangerous animal" as contained in Section 1 of this chapter, that the animal in question does have the propensity to be a danger to neighbors or the community at large, and that the method by which the animal is being restrained on the owner's property is not sufficient to ensure the safety ofpersons on adjoining property or in the community at large, the Animal Control Officer may declare the animal to be potentially dangerous. (2) The owner of an animal declared by the Animal Control Officer to be potentially dangerous may appeal such determination to the Richland Hills Municipal Court by filing with the clerk of said court, within five (5) days after the Animal Control Officer's determination, a written notice stating the owner's desire to appeal from said determination. The Municipal Court will set such matter for hearing at the earliest convenient time. At such hearing, the Animal Control • Officer shall present evidence and any witnesses desired to establish that the animal is potentially dangerous, and the owner may present any evidence indicating the animal is not potentially dangerous. At ORDINANCE NO. 894-01 PAGE 3 • the conclusion of said hearing, the Municipal Court shall make a determination whether the animal is potentially dangerous, which determination shall be final and binding on all parties. (3) When the Animal Control Officer declares an animal to be potentially dangerous, he shall also give to the owner a statement in writing listing the remedial requirements contained in Section 1 of this chapter which must be followed to minimize the risk to persons on adjoining property or the community at large. Such remedial requirements must be followed even if the determination is appealed to Municipal Court as provided herein; however, in the event of such appeal, the Animal Control Officer may modify the list of remedial measures to be followed pending the final determination by the Municipal Court. (4) No animal may be declared potentially dangerous if the aggressive behavior was directed at a person who at the time: 1. Was committing a wilful trespass or tort upon the premises occupied by the owner of the animal; or 2. Was teasing, tormenting, abusing or assaulting the animal or has in the past been observed or reported to have teased, • tormented, abused or assaulted the animal; or 3. Was committing or was attempting to commit a crime; or 4. Was prompted by the presence of another animal. V. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VI. Saving Clause. That Chapter 2 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. • ORDINANCE NO. 894-01 PAGE 4 • VII. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on thelOth day of ril , 2001, by a vote of 5 ayes, 0 nays, and 0 abstentions. ~ ~ , , , , ~ ` ~y , ; APPROVED: kP Q ~ e . C. F. Kelley, Mayor . ~ ATTEST: c" _ Terri Willis, City Secretary . APPROVED AS TO FORM AND LEGALITY: James A. Cribbs, City Attorney G:\Docs\R\RHills\Ordinances\Animal Quarantine.wpd 041701 ORDINANCE NO. 894-O1 PAGE 5 • INSTRUCTION SHEET FOR HOME QUARANTINE Rabies is a virus that is spread through the saliva of a contagious animal. An infected animal is contagious for up to ten days before its death. Infection occurs when the infected saliva comes in contact with blood through a break in the skin. Bites, obviously, but even scratches can be infected with the virus. Soap and water immediately after abite/scratch is the best prevention of infection, but quarantine of the animal is the only way to know for sure if further steps are needed. The virus spreads slowly from the injury, through the muscle tissue to the nerves and eventually to the brain. The current post exposure rabies vaccine has been 100% effective when given before the virus enters the nerve. However after the virus is in the nerve, it cannot be stopped and is 100% fatal. This is why quarantine is so important, and the reason that the rules of quarantine must be strictly followed. The following rules must be strictly adhered to in order to limit any potential spread of the virus: 1. The animal must be isolated from all persons except for the person feeding or otherwise caring for the animal. The animal must be kept in a separate room, garage or outside pen, and no access is to be allowed to anyone other than the caregiver. Any people exposed to the animal will most likely be required to receive the post exposure shots if the animal tests positive for rabies. 2. The quarantined animal cannot be moved to any location other than that approved in writing by the city. If the caregiver cannot be available to tend the animal, or the animal must be moved, the animal shall be taken to the Animal Services Center or a veterinarian. 3. The quarantined animal shall not be allowed in the same room, yard or pen with any other animal. Chain link fencing is not adequate separation between the quarantined animal and other animals in the yard or on adjacent property because chain link fencing allows nose to nose contact. 4. The quarantined animal must not be allowed to escape, taken for walks on a leash, or released for a nature call. 5. The quarantined animal must be checked by a veterinarian on the first and last day of the quarantine confinement. G:\Docs\R\RHills\Animal Quarantine Instructions.wpd 021601