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DANGEROUS ANIMAL ORDINANCE NO. 1564
AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING CHAPTER 3 OF THE CODE OF
ORDINANCES OF THE CITY OF TERRELL BY AMENDING SECTIONS 1 AND 12 AND ADDING
SECTION 11-A; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PROCEDURE FOR
REMOVAL OF DANGEROUS OR VICIOUS ANIMALS WITHIN THE CITY LIMITS; REGULATING
THE KEEPING OF PIT BULL DOGS WITHIN THE CITY; REQUIRING REGISTRATION AND
PROVIDING STANDARDS AND CONDITIONS FOR KEEPING PIT BULL DOGS; INCLUDING THE
PROVISION OF INSURANCE; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, the Code of Ordinances of the City of Terrell, Texas as presently
enacted does not adequately protect the public health, safety, and welfare
against vicious and dangerous animals, and requires that amendments be made
to the Code in order to provide adequate protection to the public health,
safety and welfare of the residents of the City of Terrell.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL,
TEXAS that:
ARTICLE I.
Section 1 of Chapter 3 of the Code of Ordinances shall be and the same is
hereby amended by adding subsections H and I to hereafter provide as
follows:
H. “VICIOUS OR DANGEROUS ANIMAL” shall mean:
(a) Any animal which because of its physical nature and vicious propensity
is capable of inflicting serious physical harm or death to human beings and
would constitute a danger to human life or property; or
(b) Any animal which has behaved in such a manner that the owner thereof
knows or should reasonably know that the animal is possessed of tendencies
to attach or to bite human beings or other animals;
(c) Any animal certified by a doctor of veterinary medicine, after
observation thereof, as posing a danger to human life, animal life, or
property upon the basis of a reasonable medical probability; or
(d) Any animal that commits an unprovoked attack on a person or animal on
public or private property. An “unprovoked” attach by an animal shall mean
that the animal was not hit, kicked, or struck with an object or part of a
person’s body nor was any part of the animal’s body pulled, pinched, or
squeezed by a person; or
(e) Any animal that attacks or threatens to attack a person.
H. “PIT BULL DOG” shall mean the Bull Terrier breed of
dogs; the Staffordshire Bull Terrier breed of dogs; the American Pit Bull
Terrier breed of dogs; and/or the American Staffordshire Terrier breed of
dogs.
Chapter 3 of the Code of Ordinances shall be, and the same is hereby amended
by adding Section 11-A to hereafter provide as follows:
Ordinance No. 1564 Page 2 of 2
SECTION 11-A: KEEPING OF VICIOUS OR DANGEROUS ANIMALS
It shall be unlawful to keep or harbor any vicious or dangerous animal or
animals within the city limits.
A. DISPOSITION OF VICIOUS OR DANGEROUS ANIMALS
1. Should any person desire to file a complain concerning an animal which is
believed to be a vicious or dangerous animal, a sworn complaint must be
filed with the Chief of Police of the City including the following
information:
(a) Name, address and telephone number of complainant and other witnesses;
(b) Date, time and location of any incident involving the animal;
(c) Description of the animal.
(d) Name, address and telephone number of the animal’s owner, if known;
(e) A statement regarding the animal which is believed to be a vicious and
dangerous animal, stating the facts upon which such complaint is based;
(f) A statement that the animal has exhibited vicious propensities in past
conduct, if known; and
(g) Other facts or circumstances of the incident.
1. After a sworn complaint is filed, it shall be referred to the city health
officer or his representative to set a time and place for a hearing not to
exceed twenty (20) days from the time the complaint is received. The animal
control officer shall give notice of the hearing to the animal’s owner by
personal service or by certified mail, return receipt requested, at least
ten (10) days prior to the hearing date. After the owner of the animal
receives the notice, the owner shall keep such animal at the animal shelter
or at a veterinarian’s clinic until such hearing is held by the city health
officer. After the owner of the animal received notice, the city animal
control officer shall impound the animal specified in the complaint if such
animal is found at large.
(a) The City health officer or his representative shall determine at the
hearing if the animal specified in the complaint is a vicious animal and
should be permanently removed from the city or destroyed for the protection
of the public health, safety and or his representative shall receive
testimony at the hearing concerning the incident under investigation. To
order destruction or removal of the animal for the public health, safety and
welfare, the city health officer or his representative must find all the
following facts to be true:
(1) The animal is a vicious or dangerous animal.
(2) Destruction or removal of the animal is necessary to preserve the public
health, safety, and welfare of the community. If the city health officer or
his representative orders destruction or removal of the animal and the owner
is not present at the hearing, he shall notify the owner of Ordinance No.
1564 Page 3 of 3 the decision by personal service or certified mail, return
receipt requested. If the destruction or removal of the animal is not
ordered, the city animal control officer shall return the animal to the
owner upon payment of all fees at the published rate. If the city health
officer or his representative orders the animal removed from the city, he
shall allow the owner ten (10) days to do so. The owner shall furnish the
city health officer or his representative evidence of such removal within
ten (10) days thereof.
(a) The owner may appeal a destruction or removal order to the municipal
court judge within five (5) days of the decision. If the city secretary
receives written notice of appeal within five (5) days of the decision, the
destruction or removal order shall be suspended pending final determination
of the municipal court judge; provided, that during the pendency of the
appeal, the owner shall keep such animal at the animal shelter or at a
veterinarian’s clinic. The municipal court judge shall determine the appeal
based upon the substantial evidence received by the city health officer and
may affirm, modify or reverse such decision. The city health officer shall
furnish the municipal court judge with all report, memoranda and other
tangible evidence received by him as well as a summary of the evidence and
his findings. The decision of the municipal court judge will be made by the
application of the substantial evidence rule.
(b) A person commits an offense if he knowingly possesses and fails to
release to the city animal control officer an animal that has been charged
by sworn complaint as provided in paragraph (a) of this section and whose
destruction or removal has been ordered by the city health officer; provided
that such destruction or removal order has not been appeared as provided in
paragraph (d) above.
Subsection C of Section 12 of Chapter 3 of the Code of Ordinances shall be
and the same is hereby amended to hereafter provide as follows:
C. DANGEROUS AND VICIOUS DOGS
1. It shall be unlawful for any person to allow a vicious dog or a dog with
vicious propensities, or a female dog in heat, to run at large or allow such
dog off the owner’s premises within the city limits even if said dog is
securely leashed and in control of a person of suitable age and discretion
to control and restrain the dog. Any such dog found to be in violation of
this subsection may be disposed of as provided in Section 11-A.
2. It shall be unlawful for any person to won, keep, harbor, or in any way
possess a pit bull dog within the city limits unless such pit bull dog is
property registered with the City, the registration fee paid, and said pit
bull dog maintained within the city in accordance with the requirements of
this subsection.
(a) Leash and muzzle.
No person shall permit a registered pit bull dog to go outside its kennel or
pen unless such dog is securely leashed with a leash no longer than six (6’)
feet in length. No person shall permit a pit bull dog to be kept on a chain,
rope or other type of leash outside its kennel or pen unless a person is in
physical control of the leash. Such dog shall not be leashed to inanimate
objects such as trees, posts, building, etc. All pit bull dogs on a
Ordinance No. 1564 Page 4 of 4
leash outside the animal’s kennel must be muzzled by a muzzling device
sufficient to prevent such dog from biting persons or other animals.
(b) Confinement.
All registered pit bull dogs shall be securely confined indoors or in a
securely enclosed and locked pen or fence of sufficient height to prevent
escape, except when leashed and muzzled as provided herein. Such enclosures
must have secure sides and must be locked with a key or a combination lock
when such animals are within the pens or fence. Al structures or fences that
are erected to house pit bull dogs must comply with all zoning and building
regulations of the City.
(c) Confinement indoors.
No pit bull dog may be kept on a porch, patio, or in any part of a house or
structure that would allow the dog to exit such building of its own
volition. In addition, no structure when the windows are open or when
unsecured screen windows or screen doors are the only obstacles preventing
the dog from exiting the structure.
(d) Signs.
All owners of registered pit bull dogs within the City shall display in a
prominent place on their fence a sign easily readable by the public using
the words “Beware of Dog – Pit Bull”.
(e) All owners of registered pit bull dogs shall provide proof to the City
of Liability Insurance in a single-incident amount of Twenty-five Thousand
($25,000.00) Dollars for bodily injury or death of any person or persons, or
for damage to property owned by any person which may result from the
ownership of such animal.
(f) Identification Photograph.
All owners of registered pit bull dogs shall provide to the City two (2)
color photographs of the registered animal in two (2) different poses
showing the color and approximate size of the animal.
(g) Reporting Requirements.
All owners of registered pit bull dogs shall report in writing the following
events to the Chief of Police within ten (10) days of occurrence:
(1.) Removal from the City of death of said dog;
(2.) Birth of offspring;
(3.) Current address if owner moves within the city;
(4.) Attack or bit by a pit bull dog.
ARTICLE II.
All ordinances of the City of Terrell, Texas in conflict with the provisions
of this ordinance be, and the same are, hereby repealed.
ARTICLE III.
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 unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this
Ordinance No. 1564 Page 5 of 5
Ordinance, since the same would have been enacted by such unconstitutional
phrase, clause, sentence, paragraph, or section.
ARTICLE IV.
That any person, firm or corporation violating any of the provisions of this
ordinance shall be subject to the penalties as provided for in Chapter 1,
Section G of the Code of Ordinances of the City of Terrell and each and
every day said violation shall continue shall constitute a separate offense
and; shall be subject to a separate fine as provided therein.
ARTICLE V.
This Ordinance shall take effect immediately from and after its passage and
the publication of the caption as the law in such cases provides.
PASSED AND APPROVED this 7th day of March, 1989. PASSED AND ADOPTED this
21st day of March, 1989.
DON L. LINDSEY, MAYOR ATTEST: BOBBY BISHOP, CITY SECRETARY
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