§ 1. GENERAL
A.
PURPOSE
The primary function and intent of this chapter is protection of the health, safety and welfare of the people within the city by controlling the animal population and species and establishing uniform rules for the control and eradication of rabies.
B.
ADOPTION BY REFERENCE
Animal population, animal control, prohibition and exceptions for keeping wild or exotic animals, rabies vaccination, rabies eradication, licenses, permits, fees, revocation of permits or licenses, quarantining, impoundment, nuisances, animal establishments, etc., shall be accomplished and regulated in accordance and conformance with this chapter and V.T.C.A. Health and Safety Code, § 826.001 et seq., as amended, the "Rabies Control Act of 1981," the "Rabies Control and Eradication" rules of the Texas Department of Health 169.21 through 169.33, and V.T.C.A. Health and Safety Code, § 822.041 et seq., as amended, the Vicious Dog Act, or the current or latest addition and/or revision of said rule or law which are made part of this chapter by reference provided that the exceptions and/or additions contained herein shall also apply.
C.
DEFINITIONS
For the purpose of this chapter the definitions as stated in the current or latest "Rabies Control and Eradication" rules of the Texas Department of Health shall also apply with the following exceptions and/or additions:
1.
Animal shall mean a warm or cold blooded animal.
2.
Animal control officer shall mean the city's animal control officer or his duly authorized agent or representative.
3.
Animal establishment shall mean any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel.
4.
Animal shelter shall mean any facility operated by the city, a humane society, municipal agency or any other governmental entity or their authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
5.
At large shall mean that a dog is not under the control of the owner or that of a person or persons authorized by the owner to care for said dog, either by cord, leash, chain or confinement.
6.
Auctioneer shall mean any place or facility where animals are regularly bought, sold, or traded, or where animals are sold to the highest bidder, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
7.
Circus shall mean a commercial variety show featuring animal acts for public entertainment.
8.
Confined or confinement shall mean confined within a building, house or structure or within a fenced yard or premises, so that the animal cannot escape from said building, house, structure or fenced yard or premises without human assistance.
9.
Enclosure means a house or a building or a fence or a structure/pen. The fence or structure/pen must form an enclosure suitable to prevent entry of young children and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition. The structure/pen shall provide protection from the elements for the animal. The regulatory authority shall have the right to require that the fence be higher than six (6) feet or require a secure top and/or a secure bottom be added to the structure/pen if the need is demonstrated. This additional requirement shall be based upon the type of animal to be kept in the enclosure and its anticipated ability to escape.
10.
Exotic animal shall mean the same as "wild animal."
11.
Grooming shop shall mean a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
12.
High risk animals include skunks, bats, foxes and raccoons.
13.
Hobby breeder shall mean any person engaged in the part-time recreational activity of raising or breeding animals to strengthen or further develop the species. This can include the occasional sale or trade of the offspring as a means to recover expenses and reduce the population of the animals housed. A person engaged in the hobby breeding of birds shall have no more than twenty (20) birds. Qualification as a hobby breeder shall be determined by the animal control officer.
14.
Kennel shall mean any lot, enclosure, premises, structure or building whereon four (4) or more dogs or cats or combination thereof over the age of three (3) months are held, kept, or maintained for any purpose whatsoever including commercial pet services such as doggie daycares, obedience training or grooming facilities, except a licensed veterinary clinic.
15.
Licensing authority shall have the same meaning as regulatory authority.
16.
Livestock shall mean hooved animals such as llamas, sheep, goats, bovine and equine animals, swine, poultry (including egg-producing poultry), and other animals with agricultural animal husbandry uses with the exclusion of dogs and cats.
17.
Low risk animals are all animals of the orders marsupialia, insectivora, rodentia, lagomorpha and xenartha.
18.
Multiple dwelling shall mean any structure designed and intended to accommodate more than one (1) family and includes, but is not limited to, duplex buildings and apartment buildings.
19.
Owner shall mean any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed, sheltered or allowed or permitted to remain on a person's property or property under control of said person for three (3) or more days without said person notifying the office of the regulatory authority. If the owner/keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with the specifications of this chapter.
20.
Pen shall mean a fenced or enclosed area used to hold animals whether it be a yard or pasture used for grazing, coop or hutch.
21.
Person shall mean any individual, partnership, firm, public or private corporation, association, trust or estate.
22.
Pet shop shall mean any building, establishment, premises or places used for or in the business of buying, selling, trading or boarding any species of animal which shall include, but not be limited to, gerbils, hamsters, guinea pigs, mice, rabbits, birds, dogs, cats and reptiles. This definition shall not include a licensed kennel or individual sales of animals by owners. This definition does not include hobby breeders or persons engaging in the raising or breeding of large domesticated animals such as cattle, horses or sheep.
23.
Quarantine shall mean complete and total isolation in such a place and in such a manner and for a period of time as may be prescribed by the animal control officer.
24.
Regulatory authority shall mean the animal control officer or his duly authorized agent or representative.
25.
Restraint shall mean a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object.
26.
Riding school or stable shall mean any place which has available for hire, boarding and/or riding any horse, pony, donkey, mule or burro.
27.
Stable shall mean a building in which livestock, especially horses, are kept. A building that is divided into separate stalls for individual animals but may also include an open sided shed used to shelter from the elements.
28.
T.D.H. shall mean the Texas Department of Health.
29.
Veterinary hospital shall mean any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
30.
Vicious dog shall mean a dog which is unruly, refractory or has displayed an inclination to approach or growl at a person or persons in an angry, threatening or ill-tempered manner when such person or persons was or were not doing acts ordinarily calculated to cause well-tamed dogs to respond in such manner or to bite, to bite at, to snap, or to attack a person or persons, or has displayed habits indicating a lack of docility or lack or complete taming.
31.
Wild animal shall mean and include any mammal, amphibian, reptile or fowl which is of a species which is wild by nature, and of a species which, due to size, vicious nature or other characteristic, is or may be dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, lynx, wolves, raccoons, ferrets, skunks, (whether deodorized or not), monkeys, foxes, elephants, rhinoceroses, any wild animal whose normal weight exceeds forty (40) pounds, alligators, crocodiles, bats, and all forms of poisonous reptiles. The term "wild animal" as used in this chapter shall not include gerbils, hamsters, guinea pigs, mice or rabbits.
32.
Zoological park shall mean a tract of land set aside in a natural or manmade state which displays or exhibits more than one (1) non-domesticated animal, which animals are under the control and supervision of a trained, experienced professional animal handler and cared for by a licensed veterinarian. The animal control officer may require proof of training and experience. The park shall be constructed in such a manner as to preclude the possibility of an animal escaping from such park and/or cages or pens. Park construction, pens, cages and equipment shall be designed and constructed in such a manner as to protect the animals and the public. Proof of acceptable design and construction may be required by the regulatory authority. All animals therein and their enclosures shall be approved by the animal control officer. Where required, all zoological parks shall be federally inspected and licensed. A park attendant shall be on duty at all times the park is open or accessible to the public.
D.
PENALTY
1.
Whenever in this chapter an act is prohibited or is made or declared to be unlawful or whenever in such chapter the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this chapter shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than two thousand dollars ($2,000.00). Each violation and each day the violation of this chapter continues shall constitute a separate offense.
2.
The owner of an animal which inflicts severe injury or death to a person or bites a person on public or private property or which kills a domestic animal without provocation while off the owner's property shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than two hundred dollars ($200.00) but not more than two thousand dollars ($2,000.00).
3.
It shall be a violation of this chapter for a vicious animal to kill or wound, or assist in killing or wounding, any domestic animal belonging to or in the possession of any person, or for a vicious animal to attack, assault, bite or otherwise injure any person or assist in attacking, assaulting, biting or otherwise injuring any person while out of or within the enclosure of the owner whether or not such vicious animal was on a leash and securely muzzled or whether the vicious animal escaped without fault of the owner. The regulatory authority is empowered to confiscate and destroy such vicious animal in an expeditious and humane manner. In addition the owner shall be subject to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00).
E.
ENFORCEMENT
The provisions of this chapter shall be enforced by the animal control officer or his delegated representative. It shall be a violation of this chapter to interfere with the animal control officer or his delegated humane officer or any other delegated representative of the animal control officer in the performance of their duties.
F.
ANIMAL CONTROL OFFICER MAY PROMULGATE RULES
The animal control officer shall have the power, with the approval of the city council, to prescribe and promulgate such rules and regulations, which are consistent with the provisions of this chapter and the laws of the state, as may be deemed necessary to effectively perform the duties imposed herein.
G.
DUTIES OF ANIMAL CONTROL OFFICER
Under authority of the city council, the animal control officer shall have the following duties and powers:
1.
Enforce rules.
To enforce any or all regulations contained in this chapter:
a.
The animal control officer may temporarily suspend, postpone or defer enforcement of any part, section, subsection or paragraph of this chapter in any part, section or area of the city or in the city as a whole when in his opinion said part, section, subsection or paragraph is unnecessary at a particular time to control the animal population and protect the health and safety of the people; or
b.
The animal control officer may enforce any and all requirements of this chapter in any and all parts of the city as he may deem necessary to control the animal population and protect the health and safety of the people.
2.
Collect fees.
To collect all fees set by the city council necessary to recover the costs incurred in meeting the requirements of this chapter. The animal control officer may further collect for the creditor all unpaid cost, fees or charges incurred by the animal while in violation of this chapter.
3.
Make inspections.
To make all inspections required in this chapter.
4.
To take up and impound.
To take up and impound or cause to be taken up or impounded all animals in the city, on public or private property, which are in violation of this chapter. The regulatory authority may trap, capture, shoot, tranquilize or use any other means or methods that may be deemed necessary and prudent to perform the duties imposed herein. Any person who has control or possession of an animal which is in violation of this chapter shall upon demand, turn over such animal to the regulatory authority.
H.
APPEALS FROM DECISION OF THE ANIMAL CONTROL OFFICER
Whenever in this chapter provision is made for a hearing before the animal control officer, any person aggrieved by the decision of the animal control officer following such hearing, may appeal such decision to the city manager by giving notice thereof, served upon the city secretary, within seventy-two (72) hours following the date the decision was so rendered. The city manager shall hold a hearing on the appeal within thirty (30) days following notice of appeal. Any notice of appeal shall be served in writing, stating the interest of the person appealing, the reason for the appeal, and a general description of the factual grounds upon which the appellant contends the decision of the animal control officer was incorrect.
I.
TAKING ANIMAL INTO CUSTODY; NOTICE
Every person other than the animal control officer that takes up any animal under the provisions of this chapter or otherwise shall immediately thereafter give notice thereof to the regulatory authority. Every such person, or any person in whose custody such animal may in the meantime be placed, shall upon demand deliver such animal to the regulatory authority. The animal shall be delivered to a place designated by the regulatory authority, without fee or charge, and the regulatory authority shall thereupon hold and dispose of such animal as though such animal had been found running at large and impounded by the regulatory authority.
J.
ISSUANCE OF CITATIONS
In addition to or in lieu of impounding an animal which is in violation or has violated any section or subsection of this chapter or in addition to or in lieu of suspension or revocation of a license or permit, the animal control officer or any full-time salaried police or law enforcement officer may issue to the owner of such animal or holder of such license or permit a notice of violation. Such notice shall impose upon the owner or holder of such license or permit a penalty which shall be stated on the notice, which may, at the discretion of the animal owner or holder of the permit or license, be paid to the agency designated by the regulatory authority within the time specified on the notice in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a complaint will be filed in a court of law and upon conviction of a violation of this chapter, the owner shall be punished as provided in Section 1, Subsection D, of this chapter.
K.
KEEPING OF WILD OR EXOTIC ANIMALS PROHIBITED WITH EXCEPTIONS
The primary purpose and intent of this section is to protect the public's health, safety and welfare. In this endeavor the animal control officer may limit wild and/or exotic animals within the city to persons who have the knowledge, expertise and ability of animal care and the grounds, facilities and equipment to care for such animals. It is also the purpose and intent of this section to prevent the owning, keeping or harboring of wild and/or exotic animals as pets within the city.
1.
Possession prohibited.
It shall be unlawful for any person to buy, sell, possess, keep, permit, suffer, cause or allow any wild or exotic animal upon or within any premises within the city except as permitted herein.
2.
Temporary permit.
The regulatory authority may issue a temporary permit for the keeping, care, and protection of an infant animal native to this area which has been deemed to be homeless or injured. The application for a temporary permit shall be accompanied with a letter or statement of approval from the Texas Department of Parks and Wildlife.
3.
Exceptions.
This section shall not be construed to apply to veterinary hospitals or zoological parks, performing animal exhibitions or circuses which have applied for and received a permit from the regulatory authority as provided for and required in this chapter.
L.
RELEASING OR DUMPING OF ANIMALS
1.
Violation to dump.
It shall be a violation of this chapter for any person to dump, release or abandon any dog, cat or other animal whatsoever on any property, whether public or private, within the city. An animal shall be considered abandoned if the owner has not provided care, including food, water or shelter, for three (3) or more consecutive days.
2.
Person having knowledge of dumping.
Any person having knowledge of an animal which has been or is believed to have been dumped, released or abandoned shall so notify the animal control officer and shall give all pertinent information including description and location of the animal and the name, address, car license number, or any other information or description of the person who dumped, released or abandoned the animal, if known.
3.
Keeping, harboring or feeding strays.
Any person who keeps, harbors, feeds, shelters or otherwise allows any stray animal or any animal which has been dumped, released or abandoned, to remain on the person's property for three (3) or more days without notifying the regulatory authority, shall hereby be deemed the owner of said animal.
M.
PUBLIC NUISANCE
1.
Definitions.
The following definitions are in addition to those set out in Section 1, Subsection C, of this chapter.
a.
Public nuisance, as used in this section, shall mean a condition which injures or endangers the public health, safety, and welfare, gives offense to the senses, gives material annoyance, inconvenience, or discomfort to a person of ordinary sensibilities, or interferes with the reasonable use and enjoyment of public or private property.
b.
Fowl shall mean and shall include chickens, turkeys, guineas, ducks, pigeons, peacocks, emus, and other similar birds.
c.
Owner of fowl shall mean a person, partnership, or corporation owning, keeping or harboring fowl. Fowl shall be deemed to be harbored if it is fed, sheltered or allowed or permitted to remain on a person's property or property under the control of said person for three (3) or more days.
2.
Failure to exercise proper care prohibited.
Failure of an owner to exercise proper care and control of his animal(s) or fowl and the premises where said animal(s) or fowl are kept to prevent them from becoming a public nuisance is prohibited.
3.
Condition constitutes nuisance.
a.
Animals.
All of the following conditions, situations or occurrences are hereby declared to be a public nuisance and constitute a failure of the owner to exercise proper care and control of his animal and/or the premises where said animals are or have been kept:
1.
Any animal which turns over garbage containers or scatters garbage or which otherwise damages private or public property;
2.
Any dog or livestock at large or free-roaming off of private property owned or controlled by the owner, keeper, or person in charge of said dog or livestock;
3.
Any animal that barks, whines, howls, or makes other sounds or noises in an excessive, continuous, or untimely fashion; or
4.
Any building, room, cage, kennel, yard, run, stable, shed, pen, fenced pasture, or any other place or facility where animals are kept or harbored which is not maintained in a clean and sanitary condition so as to prevent obnoxious odors, the attraction, breeding or potential breeding of flies, the attraction, harboring or breeding of rodents or potential breeding of rodents, or the creation of any other public health nuisances.
b.
Fowl.
All of the following conditions, situations or occurrences are hereby declared to be a public nuisance and constitute a failure of the owner to exercise proper care and control of his fowl and/or the premises where said fowl are or have been kept:
1.
Any fowl at large or free-roaming off of private property owned or controlled by the owner, keeper, or person in charge of said fowl;
2.
Any fowl that makes sounds or noises in an excessive, continuous, or untimely fashion; or
3.
Any building, room, cage, yard, shed, pen, or any other place or facility where fowl are kept or harbored which is not maintained in a clean and sanitary condition so as to prevent obnoxious odors, the attraction, breeding or potential breeding of flies, the attraction, harboring or breeding of rodents or potential breeding of rodents, or the creation of any other public health nuisances.
4.
Abatement.
a.
Notice.
Should the city manager, or any person designated by him, determine that a public nuisance, as defined by this section, exists within the city, he shall cause notice to be given, as appropriate, to either the owner of the animal(s) or fowl causing the condition which constitutes the nuisance or to the owner of the premises where such animal(s) or fowl are kept. Such notice shall identify the condition that constitutes the nuisance, and direct the owner to take such action as is reasonable, appropriate, and necessary to remove the nuisance. Such notice shall be delivered personally to the owner in writing, or by letter addressed to such owner at his post office address.
b.
Action.
If the owner fails or refuses to remove said nuisance within two (2) days following notice as provided in paragraph 4.a above, the city manager, or any person designated by him, may institute proceedings in municipal court against such owner for violation of the provisions of this section. Any person who shall violate any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed two thousand dollars ($2,000.00). Each day of violation shall constitute a separate offense.
N.
LIVESTOCK AND FOWL
It shall be unlawful for any person to allow or permit any cows, horses, mules, jacks, jennys, goats, sheep, swine, geese, ducks, turkeys, chickens, or any other livestock or fowl to run at large upon the streets, alleys, public highways, public parks, public lands, or upon any vacant lot or lots within the City of Santa Fe.
O.
MAINTENANCE OF STABLES, PENS, HOUSES, AND YARDS
All stables, pen, houses, and yards used for the keeping of animals or fowl within the City shall be kept in a clean sanitary condition. All such stables, pens, houses and yards shall be located at least one hundred feet (100') from any residence not occupied by the owner of such animals or fowl, except that it shall be unlawful to keep swine within five hundred feet (500') of any residence not occupied by the owners of such swine; provided, however, it shall not be considered a violation of this section if the owner of such animals or fowl obtain written permission of the owners(s) of the residence(s) located within the distance requirement.
P.
KEEPING OF BEES
It shall be unlawful to keep bees in any area of the city except in those areas where the bee hives will be located at least three hundred feet (300') or more from the nearest dwelling other than the dwelling of the owner of the bees. It shall further be unlawful to keep bees, regardless of the above limitation, in such numbers that they congregate in excessive numbers on property, other than that of the owner of the bees, in such a way as to interfere with the peaceful occupancy of such other property.
(Ordinance No. 08-2016 of September 22, 2016, Sec. 2(Exh. A))