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
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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.
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