City of Bastrop seal.City of Bastrop

Ordinance 2005-11

ORDINANCE NO. 2005-11

AN ORDINANCE REVOKING AND REPLACING CHAPTER 2, ARTICLE 2.100 ET SEQ. OF THE BASTROP CITY CODE OF ORDINANCES, RELATED TO ANIMAL CONTROL; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, under the authority granted by and the provisions of the Constitution of and laws of the State of Texas, and the Home Rule Charter of the City of Bastrop, as heretofore and hereafter amended, owners of animals within the corporate limits of the City of Bastrop, Texas, are required to comply with the Animal Control Ordinance of the City, City Code of Ordinances, Chapter 2, and amendments thereto for the public health, safety and general welfare of the citizenry of the community.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:

Part 1: That Chapter 2, Article 2.100, el seq. of the Code of Ordinances of the City of Bastrop, Texas is hereby amended to read as follows:

ARTICLE 2.100

DEPARTMENT OF ANIMAL CONTROL ESTABLISHED; OFFICE OF DIRECTOR OF ANIMAL CONTROL ESTABLISHED; FUNCTIONS. DUTIES. AND CONDUCT OF DEPARTMENT MEMBERS ESTABLISHED

(a) In order to protect the public health and welfare, to provide for the public safety, and to more effectively control, regulate and provide for animals within the City of Bastrop, there is hereby created the Department of Animal Control ("Department"), which is a division of the Bastrop Police Department. The Department shall consist of the Director of Animal Control and such other officers and employees as may be provided by the City Council.

(b) There is hereby established the office of Director of Animal Control. The Chief of Police is hereby designated Director of Animal Control. The Director shall supervise the Department employees, subject to the supervision and control of the City Manager.

(c) The Director or his/her designee shall enforce all laws and ordinances in the City pertaining to the licensing, registration, keeping, treatment, impounding and regulation of animals within the City of Bastrop. In every case and instance wherein the keeping of, or existence of, animals presents a health hazard, or threat to the public health the director of animal control shall have concurrent jurisdiction with the Bastrop County Health Department.

(d) The Director or his/her designee shall manage the City's animal shelter, or the City may contract with one or more public or private entities for the purpose of operating an animal shelter to serve the City's needs. The Director or his designee shall cause to be kept such records and make such reports concerning the activities of the Department as may be required by ordinance, the City Manager, or by the City Council.

(e) It shall be the duty of members of the Department to enforce the ordinances of the City applicable animals and to avoid the use of unnecessary force on animals while undertaking their responsibilities.

ARTICLE 2.200

DEFINITIONS AND PENALTIES

Sec. 2.202 Definitions

When used in the City of Bastrop Code of Ordinances, the following words and terms, unless the context indicates a different meaning, or unless otherwise specifically defined for application to a portion of this Article, shall be interpreted as follows:

Animal. Means live creatures, both domestic and wild, except humans. "Animal" includes fowls, fish, and reptiles.

Animal Control Officer. Means an employee or agent of the City designated by the City to investigate, administer and enforce the City of Bastrop's Code of Ordinances and laws of the State of Texas pertaining to the licensing, care and control of animals within the City.

Animal Shelter. Means any facility operated by the City or its authorized agents, which is used for the temporary care, confinement, and detention of animals and for the humane disposition and destruction of animals. The term shall also include any private or public facility authorized by the City to serve these purposes on behalf of the City.

At Large. Means that an an] mal1s off the premises of the owner, and not under the control of the owner, either by leash, cord, chain, enclosure or other restraint. The term may also include an animal that is on the premises of the owner, but is not within the direct, constant and immediate presence of a person that controls the animal and is not confined to that premises by means of leash, cord, chain, enclosure or other restraint.

Bird Sanctuary. Means a safe haven where certain species of birds (as designated by the State and Federal Environmental Statutes) that are protected from being destroyed or hunted by people.

Boarding Kennel. Means an establishment used for the purpose of boarding animals on a temporary basis and where no animals are bred or sold. [See definition of "Kennel," below.] Animal grooming parlors, where no animals are to be kept overnight, and/or veterinary clinics shall not be considered to be Boarding Kennels.

Breeding Kennel. Means an establishment designed or used for the boarding, selling or breeding of animals where more than an aggregate total of six (6) dogs and/or cats (or any combination thereof) are to be boarded, sold or bred at any single time. Animal grooming parlors, where no animals are to be kept overnight, and/or veterinary clinics shall not be considered to be Breeding Kennels.

Commercial Sales. Means sales that are managed and developed primarily for financial profit on a larger than incidental basis.

Dangerous and or Vicious Animal. Means any animal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the Texas Department of Health. Also included in the definition of "dangerous and/or vicious animal" is any animal or any pet which has attacked, bitten, or physically injured a human, other Domestic Animal or Pet Animal, and/or Livestock without adequate provocation, or which, because of temperament or training, has a known propensity to attack, bite, or physically injure human beings or Livestock. Any Wild Animal or any animal that without provocation has bitten or attacked a human being, Pet Animal, Domestic Animal and/or Livestock shall be prima_facie presumed to be dangerous and/or vicious.

Dangerous Dog(s). Means any dog that, because of its aggressive nature, training or characteristic behavior has demonstrated that it presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "Dangerous Dog" includes any dog that according to the records of the City Animal Shelter, the City Department of Animal Control, or any law enforcement agency:


(1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own,
(2) commits unprovoked acts in a place other than enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person, or
(3) as otherwise defined by State Law.
Domestic Animal. Includes dogs, cats, domesticated horses, fowl, confined hares and rabbits, and other birds and animals raised and/or maintained in confinement, any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, any animal which can be vaccinated against rabies with an approved rabies vaccine and/or any animal which has an established rabies quarantine observation period.

Estray. Includes, but is not limited to, any stray horse, stallion, mate, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, normally confined and domesticated hares and rabbits, any species of cattle, as well as other animals that are generally found in agricultural habitats.
Exotic Species. Means monkeys, alligators, crocodiles, poisonous snakes, reptiles, fish, or birds, born or whose natural habitat is considered to be outside the continental United States, including non-venomous reptiles and fish, or any other animal (other than domestic cats and dogs), that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals generally found in agricultural habitats.
Feral. Means an animal that is not domesticated, cultivated, intentionally bred or generally approachable and/or an animal that is not readily able to be handled by humans.

Harboring. Means the act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of three days or longer.
Keep. Means to retain on the premises by any means; to harbor, control, own or have custody or possession of an animal for a period of three (3) days or longer.

Kennel. A place in which a total of a combination of six (6) or more dogs or cats is kept, boarded, or trained, by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.

Livestock. Means animals that are routinely raised on a farm and/or are generally found in agricultural habitats.

Maintain. Means to feed, shelter, protect, provide for and/or bear expense of.

Multiple Pet Owner. Means a person who keeps or harbors more than six (6) cats or dogs or any combination of six (6) cats and dogs. Puppies and kittens under three (3) months of age shall not be counted for the purposes of this definition.

Public Nuisance Animal. Means any animal that unreasonably annoy humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "Public Nuisance Animal" shall include, but is not limited to, any animal that:
(1) Is found to be at large;

(2)Engages in conduct which establishes the animal as either dangerous and/or vicious;
(3) Damages, soils, despoils or defecates on private property, other than the animal owner's property, or on public property, unless such waste is immediately removed and properly disposed of by the owner of the animal.

(4) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, growling or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others who are in close proximity to the premises where the offending animal is kept, maintained or harbored;

(5) Chases vehicles or otherwise molests, attacks or interferes with other animals, or persons on public property;

(6) Produces odors or unclean conditions sufficient to annoy persons living in the vicinity of the animal(s);

(7) Is offensive or dangerous to the public health, safety, or welfare, by virtue of the number, conditions, and/or types of animals maintained by the owner(s), or

(8) Has been found by the municipal court to be a Public Nuisance Animal, by virtue of being a menace/hazard to the public health, welfare, or safety of the citizens of the community, after notice to the owner and after a hearing before the municipal court. Owner. Means any person, or entity having temporary or permanent custody of, owning, keeping, sheltering, in charge of, controlling, maintaining, having property rights to, or harboring one or more animals covered by this Ordinance.

Pet Animal. Means dogs, cats, rabbits, rodents, commercially bred ferrets, birds, nonpoisonous reptiles, and other species of animal which are sold or retained as a household pet, but shall specifically not include skunks, ferrets from natural habitats, nonhuman primates (e.g., monkeys, apes, etc.). or any other species of wild, exotic or carnivorous animal that is susceptible to, but not an animal that may be vaccinated for, rabies. The term also includes any animal that may be further restricted in this title.

Pet Shop. Any person, firm, partnership, or corporation, conducting a business at a properly zoned location, whether operated separately or in connection with another business enterprise other than a Kennel, that buys, sells or boards any animal(s).

Poultry: Fowl. Means: (1) All domesticated fowl, and (2) All game birds which are kept in captivity, but excluding birds and fowl that are harbored in any City Park or park area.

Private Breeder. Means any person or entity that breeds or allows their animals, whether
purebred or mixed breed, to produce offspring.

Prohibited Animals. Means any or all animals, including but not limited to, venomous reptiles, non-venomous reptiles over six feet (6') in length, alligators, crocodiles, caiman, elephants, rhinoceroses, skunks, raccoons, non-human primates, foxes, coyotes, bats, wolves, bears, or any hybrid of these listed animals. Any individual species and/or subspecies of the following animals: antelope, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, bobcats, lesser pandas, ferrets born in natural habitats, binturong, ostriches, emus, miniature pigs, apes or such other non-domestic species of animal not common to this area is also a Prohibited Animal, for purpose of this ordinance.

Quarantine. Means a period of ten (10) days, which time is generally used for observation of a domestic, pet or other animal to determine the health status of that animal in relation to the rabies virus.

Quarantine by Owner. Means quarantine by an animal owner, with the permission of the City under the following conditions:
(1) Animal must have current rabies vaccination and be registered with the City of Bastrop.

(2) Animal must either be inside a secure enclosed structure, i.e., house or garage, and must remain there for a minimum of ten (10) days; or if the animal is maintained outside, it must be contained within an enclosure from which it cannot escape (e.g., either a fenced area and on a chain from which it cannot break loose, or inside a covered pen or kennel from which it cannot escape). If on a chain, then the length of the chain must prevent the animal from making contact with the fenced area in which it is kept.

(3) Animal must be kept away from any other animal(s) and all people, except those that must care for it during its quarantine period.

(4) Animal may not be removed from the municipal limits of Bastrop while under quarantine, except if the removal is done by an authorized state, county or local
official.
(5) Owner shall notify animal control and the Police Department immediately if the quarantined animal becomes sick or displays any behavioral changes.

(6) Owner shall not subject the quarantined animal to any medical procedure(s) during the quarantine period, without first notifying the Animal Control Department. This
includes providing the quarantined animal with any vaccination(s).

(7) The quarantined animal must be examined by a licensed veterinarian, by no later than the close of business on the first day of home quarantine, and again on the final day of quarantine. The veterinarian shall be informed of the animal's quarantine status. Owner shall be responsible for producing proof of the required veterinarian examinations of any quarantined animal in compliance with this code.
(8) No animal that is at large or unleashed at the time of exposure related to the rabies virus may be quarantined by owner. Rather, such animals must be quarantined by the City or its designee(s).

(9)Owner must allow the Department, after giving reasonable notice, to view and confirm the health of the animal during the home quarantine period.

Rabies Vaccination. Means the vaccination of a dog, cat or other animal (domestic or otherwise) with an anti-rabies vaccine, as approved by the Texas Department of Health and as administered by a veterinarian licensed by the State of Texas.
Registered Dangerous Dogs. Means a dog that has been determined to meet the criteria of being a "Dangerous Dog" as per Section 2.903, et seq. of this Code, and/or State law, as amended from time to time, and after such dogs have been registered, by obtaining a City Permit, pursuant to Section 2.909 of this Code.
Running at Large. Means:
(1) Any animal, except a pet cat, which is not restrained by means of a leash, chain, or other apparatus of sufficient strength length or nature to control the actions of such animal, while off the owner's premises.

(2) Any animal, except a pet cat, not confined to premises of owner in a manner that prevents the animal from escaping there from.
(3) Any pet or cat which is creating a nuisance off the owner's property.
(4) Animals that are confined within a vehicle in a manner that would prevent that animal's escape and/or that would prevent contact with other persons or animals shall not be deemed to be "at large".

Serious Injury. Includes, but is not limited to, bodily injury resulting from severe attack or severe bite from an animal which produces severe pain, trauma, loss of blood or tissue, and which would cause most prudent and reasonable people to seek medical care for treatment for the injury.
Severe Attack. Includes, but is not limited to, an attack in which the animal repeatedly bites, scratches, or vigorously shakes its victim and the victim, or a person intervening, has extreme difficulty terminating the attack.

Severe Bite. Means a puncture, scratch or laceration made by an animal's teeth, which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wound, without, consideration of rabies prevention alone.

Stray Animal (including Estrays). Means any animal, for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the City.

Theatrical Exhibition. Means any exhibition or act featuring performing animals. Such exhibitions shall not include resident or nonresident dog and cat shows that are sponsored and sanctioned by the American Kennel Club, United States Kennel Club, Cat Fanciers Association or affiliates thereof, nor shall it include any horse or agricultural animal show or sale.

Veterinarian. Means any practitioner of veterinary medicine licensed by the State of Texas to practice in Texas.
Wild Animal. Means any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in the wild state. The term "wild animal" does not include: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm or agricultural animals, and captive-bred species of common cane birds and rodents.
Wild Bird. Means a bird that normally lives in a state of nature and is not ordinarily domesticated, but specifically does not include the pigeon, English sparrow, European starlings, grackles, ravens, red winged blackbirds, blackbirds, cowbirds, feral rock doves or crows.
Sec. 2.202 Penalties

(a) Any person who violates any of the provisions of Article 2 of the City of Bastrop Code of Ordinances shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $500.00. Each day of violation, each separate animal involved in a violation, and each incident of violation of this Article shall constitute a separate offense. Fines, not to exceed $500.00 per violation, are determined by the municipal court.

(b) This Ordinance, regarding Animal Control, shall control in the event that there are any conflicts between the regulations contained herein and other City Code provision.


ARTICLE 2.300 ANIMAL LICENSING

Sec. 2.301 Reserved for Future Use

Sec. 2.302 Vaccination

Every owner of a dog or cat over three (3) months of age shall have such animals vaccinated against rabies, in compliance with applicable State law. Any person establishing residence within the City shall demonstrate compliance with this requirement within ten (10) days of establishing residency. If an unvaccinated dog or cat inflicts a bite, scratch or otherwise attacks any person within the City limits, a rabies vaccine shall not be administered to the dog or cat until that animal is released from quarantine.

Sec. 2.303 Certificate of Vaccination

Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate and one copy shall be provided to the owner. The vaccination certificates shall contain all information required by State law, including, but not limited to the following information:

(1) The name, address and telephone number of the owner of the vaccinated dog or cat,
(2) The date of vaccination,
(3) The type of rabies vaccine used,
(4) The year and number of the rabies tag provided to the owner, and (5) The breed, age, color & sex of vaccinated dog or cat.

Sec. 2.304 Rabies Tag

Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the vaccinated dog and/or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance of the certificate of vaccination.

Sec. 2.305 Tag and Collar
Upon payment of the license fee, where applicable, the City shall issue to the owner a license certificate and metal tag having stamped the number corresponding with the number of the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the licensed animal. In case a tag is lost, a duplicate will be issued by the Bastrop Police Department, or its designee, upon presentation of the receipt showing the payment of license fee. Tags shall not be transferable from one animal to another, and no refunds shall be made.
Sec. 2.306 Guard Dogs

All dogs that are trained as security or guard dogs by a certified canine training professional and that are kept solely for the protection of persons and property, residential, commercial or personal, shall obtain a `Guard Dog Permit' from the Bastrop Police Department. The annual fee for a `Guard Dog Permit' shall be set by the City Council, and is as shown in the "Animal License Fee Schedule," maintained by the City Secretary. The area or premises in which any Guard Dog(s) is confined shall be conspicuously posted with warning signs bearing letters not less than two inches high stating, at a minimum: "Guard Dog on Premises."

The area or premises protected by a Guard Dog shall be subject to inspection by the Bastrop Police Department to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent the guard animal from coming in contact with the public.

Guard, Search or other trained dogs or trained animals that are used by federal, state, county, or municipal law enforcement agencies are exempt from the requirements of this section.

Sec. 2.307 Revocation of License

(a) The Director of Animal Control, or his/her designee may revoke any cat or dog license, after an informal hearing held by the Director or his designees, for any one or more of the
following reasons:

(1)Impoundment of a cat or dog by the City, two or more times during any 12-month period,

(2) Two (2) or more final convictions of a person for any violation of this Article, when such convictions relate to the cat or dog which is being considered for revocation of its license,

(3) Any combination or subsections (a)(1) and (a)(2) of this section, totaling three incidents or more, over any period of time

(b) Upon revoking the license of any cat or dog, the Animal Control Department shall notify the owner of the cat or dog or such action in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited in the U.S. mail.

(c) Upon the expiration of ten (10) calendar days after written notification of revocation is deposited in the U.S . mail, as provided above, the cat or dog that has had its license revoked shall no longer be kept, maintained or harbored within the City's corporate limits, and each 24-hour period that an animal with a revoked license remains in the City shall constitute a separate violation of this Article.

(d) Upon revocation of license, an owner of the animal with revoked license shall notify the Animal Control Department of the location to which the animal is being removed, outside of the municipal limits.

(e) An animal owner may appeal the decision of the Director of Animal Control to revoke a license of a dog or cat as a result of the informal hearing held by the Director or his designees, by writing and requesting that the decision be appealed to and reviewed by the City Manager or his designee. The City Manager's decision on the appeal of the revocation shall be final, and not subject to further appeal.

Sec. 2.308 Enforcement

For the purposes of discharging the duties imposed by this Article and to enforce its provisions, any peace officer, or animal control officer is empowered to enter upon any premises upon which an animal is kept, maintained, fed or harbored and to demand the exhibition by the owner of such animal and/or the license for such animal, in accordance with the provisions of this Article.

The owner of each animal located within the City is required to produce the license and current vaccination information for each animal in his ownership, possession or control, upon demand by an animal control officer or peace officer. Failure to do so will result in enforcement of this code, as set forth herein.

ARTICLE 2.400 KENNELS/MULTIPLE PET OWNERSHIP

Sec. 2.401 Permit Required for Kennels and Multiple Pet Owners

(a) Permits shall be required for the operation of all Kennels within the corporate limits of the City.

(b) Permits shall be required of all Multiple Pet Owners.

(c) Animal breeders shall be issued a `private breeder permit', which will permit he sale and/or transfer of puppies or kittens, on private property that is owned/controlled by the seller/transferer, breeder, unless otherwise prohibited by applicable ordinance related to the use of property (e.g., the municipal zoning ordinances) within the City's corporate limits.

The Exceptions: The above requirement for a `private breeder's permit' is not required when the offspring of Pet Animals are being sold:

(1) At a City sponsored Farmer's Market;
(2)At a City or County Animal Shelter, and/or
(3) By youth organizations performing educational or fundraising events.

(d) Individuals who are breeding/selling/transferring the offspring of their Pet Animals are permitted to sell and transfer on one occasion per calendar year, without the necessity of acquiring a City permit to do so, under this provision, unless such sales is otherwise prohibited by applicable ordinance related to the use of the property involved (i.e., the municipal zoning ordinances).

Sec. 2.402 Permits

Permits issues under Article 2.400 of the Code shall be valid for one year from date of issuance. The fees for Article 2.400 permits shall be set by the City Council, and are as shown in the "Animal License Fee Schedule" maintained by the City Secretary.

Sec. 2.403 Facility Requirements for Kennels within the City

Upon inspection by the Animal Control Department of a premises that is to be operated as a Kennel, a Permit will be issued if, in the opinion of the inspector, all of the following
conditions are met:

(1) The Kennel facility is adequate for the number and type of animals to be kept therein.
(A)The Kennel facility is of a sufficient size as to allow all animals in the Kennel to move about freely, considering the maximum possible size of the individual animal's height and weight that may be kept within the Kennel.
(B) Adequate food and fresh water is continuously provided so that each and all animals in the Kennel kept shall be maintained in good health and free of malnutrition and/or dehydration.
(C) The Kennel premises is kept in a sanitary condition and reasonably free of animal waste, parasites, insects, rodents and flies that could be harmful to the animal's health and/or to the health of the general public.
(D)Nothing about the operation of the Kennel poses any public or private nuisance within the City's corporate limits.

(2) The animals and the Kennel facility shall, at all times, be kept free of odor or stench which is offensive to a person of ordinary sensibilities.
(3)The animals in the Kennel shall at all times be maintained in a manner that does not pose a danger to the health of the animals themselves, to adjacent animals within the Kennel, or to visitors or workers in the Kennel facility .

(4) The animals in the Kennel shall not cause noise(s) or other disturbances which are offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring premises.

(5) If an applicants for, or a holders of, a Kennel Permit has been issued citations for violation of this Article 2, on two separate occasions, or possesses or controls animals covered by or to be covered by the Kennel Permit that have been impounded on two separate occasions, the Kennel Permit may be revoked (or the application for renewal of same be rejected) by the City.

(6) In the case of a Boarding Kennel, no animal may be bred, sold, or otherwise effect the transfer of ownership of an animal from within the Boarding Kennel.
Sec. 2.404 Pet Owners' Responsibilities/Applies to All Animal Ownership and Multiple Pet Ownership.
(a) The facility/residence must be adequate for the number and type of animals kept.

(1) Facility/residence must be of sufficient size to allow animals to move about freely.

(2) Adequate food and water must be provided for all animals kept, sufficient to maintain each animal in good health and free of malnutrition and/or dehydration.

(3) The facility/residence shall be continuously maintained in a sanitary condition and reasonably free of animal waste, parasites, rodents, insects and flies that could be harmful to the animal's health and/or to the health of the general public.

(b) The animals and the facility/residence must be kept free of odor or stench which is offensive to a person of ordinary sensibilities.

(c) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or to adjacent animals within the facility/residence, or to visitors or workers in the facility/residence.
(d) The animals in the facility/residence shall not cause noise(s) or other disturbances that are offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring premises.
(e) If an applicant for, or a holders of, a Multiple Pet Permit has been issued citations for violation of this Article 2, on two separate occasions, or possesses or controls animals covered by or to be covered by the Multiple Pet Permit that have been impounded on two separate occasions, the Multiple Pet Permit may be revoked (or the application for renewal of same be rejected) by the City.
Sec. 2.405 Revocation or Suspension of Kennel or Multiple Pet Ownership Permit

(a) Any Kennel or Multiple Pet Owner permitted under this chapter found to be in violation of any municipal zoning law, health law or any other applicable ordinance of the City
of Bastrop or of the State of Texas, or found to have a facility/residence maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity because of the animals owned, controlled or housed by the Kennel or Multiple Pet Owner on the premises, may have all applicable Permits suspended by the Animal Control Department, pending a final informal hearing of information and evidence related to the offenses alleged. The informal hearing on such matters shall be before the Director of Animal Control, or his designee.
(b) Upon suspension of the Permits, the Animal Control Department shall notify the Permit Holder of such action in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the Permit Holder is deposited in the U.S. mail.
(c) Upon the expiration of ten (10) days after written notification of suspension is deposited in the U.S. mail, as provided above, the Permit Holder shall no longer keep, maintain or harbor animals within the City's corporate limits, and each 24-hour period that an animal with a suspended license remains in the City shall constitute a separate violation of this Article.

(d) Upon suspension of the Permit, the holder of the revoked Permit shall notify the Animal Control Department of the location to which the animal(s) are being removed.

(e) An animal owner may appeal the decision of the Director of Animal Control to suspend a Permit, after the informal hearing is held by the Director, by appealing the decision, in writing, to the City Manager or his designee. If the City Manager determines that grounds exist for permanent or extended suspension and/or termination of the Kennel or Multiple Pet Permits, his/her decision on the matter is final and is not subject to further appeal.
Sec. 2.406 Commercial Animal Sales Permit

(a) All persons engaged in the commercial sale of any animals, domestic or otherwise, including, but not limited to, Pet Stores and stores in which pets and animals are not the central item of sale within the store such as department stores, drugstores and convenience stores, must apply for a `Commercial Animal Sales Permit' at the Animal Control Department. The Commercial Animal Sales Permit shall be issued provided the applicant meets all the provisions of this section and shall be valid for one year from the date or issuance. The fee shall be set by the City Council and is as shown in the "Animal Control Fee Schedule," maintained by the City Secretary.

(b) Those persons currently engaged in the Commercial Sales of animals, as described in this Section are required to apply for the `Commercial Animal Sales Permit' prior to engaging in the sales of any animal within the City

(c) Upon inspection of the premises by the Animal Control Department, the Permit shall be issued if, in the sole discretion of the animal control officer, all of the following conditions are met:

(1) The facility is adequate for the number and type of animals to be kept therein.
(A) The facility is of a sufficient size as to allow all animals in the facility to move about freely, considering the maximum possible size of the individual animal's height and weight that may be kept within the facility at any time.

(B) Adequate food and water is continuously provided so that each and all animals in the facility kept shall be maintained in good health and free of malnutrition and/or dehydration.

(C) The facility's premises is kept in a sanitary condition and reasonably free of animal waste, parasites, insects, rodents and flies that could be harmful to the animal's health and/or to the health of the general public.

(D)Nothing about the operation of the facility poses any public or private nuisance within the City's corporate limits.
(2) The animals and the facility shall, at all times, be kept free of odor or stench which is offensive to a person of ordinary sensibilities.
(3) The animals in the facility shall at all times be maintained in a manner that does not pose a danger to the health of the animals themselves, to adjacent animals within the facility, or to visitors or workers in the facility.
(4) The animals in the facility shall not cause noise(s) or other disturbances which are offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring premises.
(5) If an applicants for or a holders of a Commercial Animal Sales Permit has been issued citations for violation of this Article 2, on two separate occasions, the Commercial Animal Sales Permit may be revoked by the City, and issuance of or renewal of a Commercial Animal Sales Permit may be refused.
(d) The Commercial Animal Sales Permit may be revoked by the Animal Control Department if upon investigation, it is determined that the Permit Holder has failed to adhere to any of the above conditions listed in this section. Once the Commercial Animal Sales Permit has been revoked, neither the individuals nor the store whose Permit has been revoked may reapply for a period of six months and shall not engage in the sale of animals in the manner described in this section for that period.

(e) Upon revocation of the Commercial Animal Sales Permits, the Animal Control Department shall notify the Permit Holder of such action in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the Permit Holder is deposited in the U.S. mail.

(f) Upon the expiration of ten (10) days after written notification of revocation is deposited in the U.S. mail, as provided above, the Permit Holder shall no longer keep, maintain or harbor animals within the City's corporate limits, and each 24-hour period that an animal with a revoked Permit remains in the City shall constitute a separate violation of this Article.

(g) Upon revocation of the Commercial Animal Sales Permit, the holder of the revoked Commercial Animal Sales Permit shall notify the Animal Control Department of the location to which the animals are being removed.
(h) A holder of the Commercial Animal Sales Permit may appeal the decision of the Director of Animal Control to revoke a Permit, after the informal hearing is held by the Director, by requesting in writing, that the City Manager or his designee hear an appeal of the Director's decision. If the City Manager determines that grounds exist for permanent or extended revocation or termination of the Commercial Animal Sales Permits, his/her decision on the matter is final and is not subject to further appeal.

ARTICLE 2.500 ANIMAL IMPOUNDMENT

Sec. 2.501 Impoundment
a) Animals owned or harbored in violation of the Bastrop City Code of Ordinances or laws of the State of Texas may be taken into custody by an animal control officer or other designated official and impounded under the provisions of this Article.

(b) Owners of impounded pets are required to pay all fees and other costs related to the impoundment as set by the City Council and as detailed in this Article. The fees for the impoundment of pets are as shown on the "Animal Control Fee Schedule," maintained by the City Secretary.
Sec. 2.502 Disposition of Impounded Animals
(a) Dogs, Cats and Estrays Impounded Without Identification. All dogs, cats and estrays impounded by the Animal Control Department or brought to the animal shelter by a person other than the harborer or owner of that animal, and which animals do not have identification, shall be held for a minimum of 72 hours during, during which time period the owner may present proof of ownership at the shelter in order to reclaim the animal. After paying all applicable fees and costs incurred during and/or related to the impoundment of the animal, the owner or harborer may reclaim the dog/cat/estray. In the event that an animal is not claimed after 72 hours in the shelter, that dog/cat/estray shall become the property of the City of Bastrop, or its agent/designee.

(b) Dogs, Cats and Estrays that are Impounded With Identification. All dogs, cats and estrays impounded by the Animal Control Department or brought to the animal shelter by a person other than the harborer or owner of that animal that are wearing traceable identification or where an owner/harborer of the animal is otherwise known by the Department, may be held by the shelter, or its assignee, for a minimum of ten (10) business operation days of the facility, from the date the animal enters the facility, during which time the Animal Control Department, or its agent/designee, will attempt to notify the owner/harborer - as shown on the identification or as otherwise determined by the Department - of the impoundment of the animal. [Holidays and days that the facility is closed (i.e., is not generally open to the public) are specifically excluded from the minimum ten (10) day holding period, noted herein.] The owner/harborer of such animals that are impounded with identification may claim the animal from the shelter or its designee, at any time during the ten (10) day confinement period, after compliance with the requirements noted herein. Unless the owner/harborer of an animal that is impounded with identification has:

(1)Notified the Animal Control Department in writing (which shall include but is not limited to notification to the Department by facsimile), on or before the close of business on the tenth (10th) day of impoundment, of his/her intention to claim the impounded dog/cat/estray, and

(2) Has provided the Department, within the body of the writing noted in (1) above, of the date certain by which time that owner will reclaim the impounded dog/cat/estray, and

(3) Satisfies all applicable fees and other Department requirements necessary for claiming the impounded animal, and

(4) The arrangement proposed by the owner and/or harborer of the impounded animal, related to timely retrieval of the animal and payment of impoundment costs has been approved by the Director of animal control,

Then, the impounded animal(s) shall be deemed "voluntarily surrendered" by the owner/harborer, and shall become the property of the City of Bastrop, or its agent/designee as of the start of business on the eleventh (11th) day of impoundment, and the City may dispose of the animal as it deems appropriate, based upon the circumstances at hand.

(c) Animals Surrendered by the Owner/Harborer. In addition to the voluntary surrender of animals that are not timely claimed from impoundment, as noted above, all animals surrendered by the owner/harborer to the Animal Control Department, or its agent/designee, shall become the property of the City of Bastrop immediately upon completion of the owner/harborer surrender form. Fees for owner/harborer surrendered animals shall be set by the City Council and are as shown in the "Animal Control Fee Schedule," maintained by the City Secretary.
(d) Animals other than dogs, cats or estrays that are impounded. All animals, other than dogs, cats, estrays or animals holding current restricted animal permits in Bastrop, that are impounded by the Animal Control Department, or its agent/designee, or brought to the animal shelter by a person other than the owner/harborer, shall become the property of the City unless such ownership by the City is prohibited by state or federal law.

(e) Disposition of animals. Any animal that cannot be adopted or transferred to a proper and appropriate agency or person shall be euthanized by means approved by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association or by other State of Texas approved method. The euthanasia is to be administered in compliance with the laws of the State. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date or otherwise maintained in accordance with State and Federal laws.

Sec. 2.503 Animals Held on Complaint

If a complaint has been filed in municipal court against the owner and/or harborer of an impounded animal for a violation of this Ordinance, the animal shall not be released except on the order of the Animal Control Department, which may also direct the owner and/or harborer to pay any penalties for violation of this Ordinance, in addition to payment of all impoundment fees and costs incurred in accordance with this Ordinance. Surrender of an animal by the owner and/or harborer thereof, to the Animal Control Department, does not relieve or render the owner and/or harborer immune from the decision of the court related to that animal, nor from the fees, fines or other costs that may result from a violation of this Ordinance.
Sec. 2.504 Removal of Animals from Confinement

(a) Removal of animal from confinement. It shall be unlawful for any person to remove or allow to escape from any place of confinement any dog, cat or other animal which has been ordered to be confined by the Department, without the express consent of the Animal Control Department.

(b) Impounding-interfering with officers. It shall be unlawful for any person to interfere or attempt to interfere with the animal control officer or to interfere or attempt to interfere with any person acting for the City in the taking up, handling, and/or impounding of animals in the City.
Sec. 2.505 Animals at Large

(a) It shall be unlawful for any person owning and/or harboring an animal to permit such animal to run `at large' as that term is defined by Article 2.201 of this Chapter.

(b) Any officer or citizen of the City is authorized to take up and deliver to the Animal Control Department, any animal found running "at large" that may be found at large in the corporate limits of the City, subject to the applicable provisions of the law.

(c) The animal control officer or his agent and City peace officers are authorized to impound any animal that is believed to be in violation of this Ordinance. In the event the animal is on property or property of the animal's owner, the animal control officer, his/her agent, or peace officer may enter the property, other than a private dwelling, for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the Ordinance and other applicable laws.

Sec. 2.506 Confinement During Estrus

The owner/harborer of any un-neutered female dog or cat in the state of estrus ( "in heat") shall confine the animal that is in heat during such period of time, by enclosing the animal in a house, building or other secure enclosure. The area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animal(s), except for the purpose of intentional breeding of the animal by the owners/harborers. Owners/harborers who do not comply with this requirement shall be ordered to immediately remove the animal that is "in heat" from other person's or public property, and to place the animal in confined quarters. Failure to comply with the removal order of the Animal Control Department shall be a violation of this Article and the dog or cat that is "in heat," but is not confined, may be impounded as prescribed in this Ordinance. All expenses incurred as a result of this confinement shall be paid by the owner/harborer of such animals.

Sec. 2.507 Adoption of Animal
(a) All animals adopted from the animal shelter shall be neutered. If the animal has not been neutered before it leaves the animal shelter, then the person adopting the animal shall sign an adoption contract with the City stating that he/she will have the adopted animal(s) neutered and providing the date by which the surgery must be performed.

(b) It shall be the responsibility of the person adopting an animal to provide proof of neutering of each adopted animal to the Animal Control Department within thirty (30) days after the date for neutering of the animal(s), as shown on the contract for adoption.

(c) Failure to comply with this section or failure to comply with the terms of the adoption contract shall give the Animal Control Department the right to recover the adopted animal in question and revoke the animal owner's adoption contract. Such failure shall also constitute a violation of this Ordinance, and will subject the violator to fines and penalties.

(d) The fees for animal adoption shall be set by action of the City Council, and should be sufficient to cover all costs to the City of neutering, or its agent/designee, in medicating, vaccination, preparing for adoption, and otherwise caring for the animals to be adopted. The person adopting the animal shall be provided a list of fees related to the adoption, prior to the adoption agreement being signed. The fees are as shown in the "Animal Control Fee Schedule," which is maintained by the City Secretary.

Sec. 2.508 Estray and Other Livestock
It is unlawful for any owner or person in control of any horse, mule, donkey, jack, jenney, cattle, hog, goat or sheep (Estray) to permit any such animal to "run at large" on land that is not owned or otherwise controlled by the owner or harborer (e.g., via a lease or permit), or on any street, alley or other public property or place within the City's corporate limits.

Sec. 2.509 Impoundment of Estrays, Other Livestock
It shall be the duty of the Animal Control Department to take up (impound) any and all Estrays and other Livestock that may be found and upon any street, alley or upon any unenclosed lot in the City, or otherwise to be found running at large, and to confine such Estrays and other Livestock for safe keeping or destruction or other disposal by the City, as is deemed appropriate in the sole discretion of the City. Upon impoundment, the Animal Control Department shall prepare a file to be located in the Animal Control Department related to the incident of impoundment. Each entry shall include the following:
(1) The name and address of the person who notified the Animal Control Department of the Estray and other Livestock being at large;
(2) The date, time and location of the Estray and other Livestock when found;

(3) The location of the Estray and other Livestock until disposition; and
(4) A description of the animal impounded, including its breed, color, sex, age, size, all markings of any kind and other identifying characteristics.

Sec. 2.510 Advertisement of Impounded Estray or Livestock
When an Estray or other Livestock has been impounded, the Animal Control Department shall make a diligent search of the register of recorded brands in the County for the owner of the Estray or other Livestock. If the search does not reveal the owner, the Animal Control Department shall advertise the impoundment of the Estray in a newspaper of general circulation in the county at least twice during the next 15 days following impoundment and post a notice of the impoundment of the Estray or other Livestock on the public notice board of City Hall.
Sec. 2.511 Recovery by Owner
The owner of an Estray or other Livestock may recover possession of the animal at any time before the animal is sold under the terms of this article if:

(1) The owner has provided the Animal Control Department with and affidavit of ownership of the Estray or other Livestock containing at least the following information:
(A) The name and address of the owner,
(B) The date the owner discovered that the animal was missing,

(C) The property from which the animal strayed,

(D) A description of the animal including its breed, color, sex, size, all markings of any kind and any other identifying characteristics;

(2) The owner has paid all handling fees to those entitled to receive them.


Sec. 2.512 Fees
For each and every Estray or other Livestock taken and impounded there shall be paid to the City by the owner thereof or his agents the fees established by the City Council for each and every day that the animal shall remain in the custody of the Animal Control Department. The owner shall also pay for any veterinarian care or drug fees incurred for the animal(s) while in the custody of the Animal Control Department, as well as all costs associated with feeding, grooming and housing and maintaining the Estray or Livestock. Additionally, the owner shall be responsible for reimbursing the City for all costs related to advertising pursuant to this Ordinance, related to Estrays and Livestock recovered by the City and returned to the owner.
Sec. 2.513 Sale of Estray or Other Livestock
(a) If the ownership of an Estray or other Livestock is not determined within fourteen (14) days following the final advertisement required by this article, title to the Estray or other Livestock rests with the City of Bastrop and the Animal Control Department shall then cause the Estray or other Livestock to be sold at a public auction. If there are not any bidders, ownership is forfeited to the City.
(b) Title shall be deemed vested in the Animal Control Department for the purposes of passing a good title, free and clear of all claims to the purchaser at the sale. The disposition of the proceeds derived from the sale at public auction will be as follows:
(1) Pay all handling fees to those entitled to receive them, and

(2) Execute a report of sale of impounded stock; and

(3) The net proceeds remaining from the sale of the Estray or other Livestock after the handling fees have been paid shall be delivered by the Animal Control Department to the City's finance office. Such net proceeds shall be subject to claim by the original owner of the Estray or other Livestock, as provided herein, after payment to the City of all costs incurred by it in keeping and handling the strays and sale of same; and

(4) If the bids are too low, the Animal Control Department shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure.

Sec. 2.514 Recovery by Owner of Sale Proceeds

(a) Within twelve (12) months after the sale of an Estray or other Livestock under the provisions of this article the original owner of the Estray may recover the net proceeds of the sale that were delivered to the finance office if:

(1) The owner has provided the Animal Control Department with an affidavit of ownership of the animals) sold, and

(2) The Animal Control Department has accepted the affidavit of ownership, and

(3) Any proceeds remain after City costs are paid in full.

(b) After the expiration of twelve (12) months from the sale of an Estray or other Livestock as provided by this article, the sale proceeds shall revert to the City of Bastrop. If the animal was forfeited to the City due to no bidders at the auction, then the City is not to be liable to the owner for any proceeds of the sale, since no proceeds were received.

Sec. 2.515 Use of Estray or Other Livestock

During the period of time an Estray or other Livestock is held by one who impounded the Estray or other Livestock, it may be used by any person for any legal purpose that does not harm or otherwise endanger the animal.

Sec. 2.516 Death or Escape of Estray or Other Livestock

If the Estray or other Livestock dies or escapes while held by the person who impounded it, the person shall report the death or escape to the Animal Control Department. The report shall be filed in the record of the impoundment related to the animal reported as dead or escaped.

Sec. 2.517 Other Restrictions
(a) Keeping hogs prohibited, Exceptions
(1) It is unlawful and constitutes a violation of this Ordinance for a person to
keep any hog in any house, shed, pen, lot, pasture or other enclosure in the corporate limits of the City of Bastrop.

(2) This section does not apply to hogs kept temporarily (i.e., for a period not to exceed 48 consecutive hours) in shipping pens, when such holding pens are utilized for the purposes of shipment, nor does this section apply to hogs kept temporarily (i.e., for a period not to exceed 70 consecutive hours) at auction or sales pens or barns for the purpose of a hog or livestock sale or show held within the City, if in compliance with all other applicable Ordinances.

(3)The keeping of hogs by persons involved in recognized educational, agricultural, programs, such as FFA and 4-H is exempt from the blanket prohibition noted in (1) above, but such activities must comply with other applicable provision in this Article, for example those related to noises, odors and adequate housing for such
animals.

(b) Keeping animals near water supply wells.

(1) It is unlawful and constitutes a violation of this Ordinance for a person, whether for himself or as the agent, representative or servant of other(s), to participate in keeping any animal (other than Pet Animals), in any pen, pasture, lot, shelter, or enclosure, which is located within fifty feet (50') of any water supply wells, or a water supply source from which the City or any citizen of the City, obtains its water supply, as per Texas Administrative Code, Title 30, Natural Resources and Conservation, Section 290.41(c)(1)(C)(D)(F), or in violation with any other applicable state or federal law related to drinking water supplies

(c) Keeping animals and poultry/fowl restricted. It is unlawful and constitutes a violation of this Ordinance to keep any horse(s), cattle, sheep, goat, rabbit or other Livestock, including poultry/fowl, any place in the City if:
(1) within fifty (50') feet of any private residence or dwelling place of a person other than the owners of the animals or fowl;
(2) within one hundred (100') feet of any building or structure that is open to the public, with the exception of open park land; or
(3) the animals or poultry/fowl in question are being kept in any manner or location that results in noises, odors, pests, or other conditions associated with the animals or poultry/fowls that would annoy, offend or disturb the reasonable sensibilities of residents or person(s) occupying or visiting the private residences and dwelling places, or the buildings and structures which are open to the public.

While the distance provisions do not apply to open park land; the other requirements of this section relating to the manner in which animals are kept (i.e., provisions prohibiting annoyances and offensive conditions created by animals therein, shall apply.

(d) Keeping of animals and poultry/fowl -- Exceptions to Distance Restrictions Other restrictions and regulations not effected.].

(1)The distance restrictions of this chapter do not apply to property zoned as Agricultural (A) according to the Zoning Ordinance of the City of Bastrop, or to property properly zoned or used as veterinary clinics or facilities or established kennels that are for the purposes of care or boarding animals and fowl.

(2) If the owners/animal locations which are in existence at the time of the adoption of this amended Article are in full compliance with the distance requirements in effect prior to the amendment, then the distance restrictions of this amended chapter will not be applied to animals/fowl that are owned and living within the City limits prior to the passing of this Article, provided that the animals/fowl are not within fifty feet (50') of any water supply wells/sources, so long as:
*The use of the animal location is continuous from the date of the adoption of the amended Article and such use of the location is not interrupted for more than a ninety (90) day period; and
* The number of animals being kept in the animal location is not increased above the number of animals existing at the time the amended Article is adopted, except for new born animals that may remain with the mother for a period of three (3) months;
When all of the above requirements are met, then, the distance restrictions noted herein shall only be applied prospectively from the date of final adoption of this amended Article. Note, however, that at such time as the then existing animals and/or use of a location ceases or is interrupted for a period over ninety (90) consecutive days, then the exemption from these newly amended distance standards is forfeited, and all new animals and/or new locations must meet all requirements of this amended Article.
All other requirements relating to the manner in which animals are kept shall apply and are specifically not excepted from compliance and enforcement.


(3) The distance restrictions do not apply to Livestock/fowl that are being raised by members of 4-H, FFA, or other City recognized youth group, providing the animals/fowl are not within fifty feet (50') of the water supply wells sources used by citizens of the City. All other requirements relating to the manner in which animals, livestock, fowl are kept shall apply. A Permit will be issued to the group member at no charge. Violations of this Code of Ordinances will result in the revocation of Permit, and Livestock removal from the City. Hogs being raised by members of 4-H, FFA or other recognized youth groups will require a written request for a variance from the City Council with a recommendation from the Animal Control Department. No Permit for a hog will be issued without a variance from the City Council.

 Sec. 2.518 Dead Animals and Fowl

It is unlawful for any person in the City to place, or cause to be placed, or to allow to remain in or near their premises or on the premises of any other person, or in any of the streets or other public ways, any dead animal. Specifically, if any person finds dead animals or fowl upon their own property, they shall be responsible for proper removal and disposal of same. If persons see deal animals or fowl on property that is not owned or controlled by them, then they are responsible for contacting and notifying the property authority so that the animals and fowl may be properly removed.

ARTICLE 2.600 ANIMAL BITES

Sec. 2.601 Reporting Bites and Scratches

Every physician and medical practitioner who treats a person within the City for any animal bite/scratch/laceration, or any person having knowledge that an animal has bitten or scratched a person within the City shall, within twelve (12) hours of learning of this situation, report such occurrence to the City Police Department, giving the name, age, sex and precise location of the bitten/scratched person and such other information as the officer or Department may require.

Sec. 2.602 Reporting Suspected Rabies

Any veterinarian who clinically diagnoses rabies, or any person who suspects rabies in any animal, shall immediately report the incident to the Animal Control Department stating, to the best of the informant's knowledge, where such animal may be found.

Sec. 2.603 Quarantine of Dogs and Cats

(a) Disposition of suspected animals. Any dog or cat or other Pet Animal that has bitten or scratched a person shall be quarantined for observation for a period of ten (10) days from the date of the bite/scratch. The procedure and place of quarantine and observation shall be designated by the Animal Control Officer or his/her designee, in compliance with State law. If the animal is not quarantined by confinement on the owner's premises, then confinement shall be in an approved quarantine facility or veterinary hospital of the owner's choice. Such confinement shall be at the owner's expense. Stray dogs and cats, or those animals whose owners cannot be located, shall be confined for a period of 96 hours and, if unclaimed during that time, may be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination. The owner of any animal that has been reported to have inflicted a bite/scratch/laceration on any person shall, on demand, produce the animal for impoundment, as prescribed in this Article. Home quarantine, as defined in this Article, may be allowed only in those situations where permitted by State law and as agreed to by the Animal Control Department. Refusal to produce the animal involved in the biting/scratching incident shall constitute a violation of this Ordinance, and each day of such refusal to produce the animal shall constitute a separate and individual violation, subject to the penalties as stated in Section 2.202.

(b) Any Wild, Exotic, Dangerous or Vicious Animal, excluding Pet Animals, as defined in this Article and/or any animal considered high risk by State law, which has bitten or scratched a person, shall be caught and humanely killed and the brain submitted for rabies examination. Those Wild Animals which are classified as "low risk animals" shall be handled as dictated by State law in the event that they inflict bites or scratches upon a person.

ARTICLE 2.700 ANIMAL CARE

Sec. 2.701 Providing Care Required

(a) It is a violation of this Ordinance for an owner, harborer or custodian of any animal to fail to provide the animals in his/her care or custody with sufficient wholesome and nutritious
food, potable water, adequate shelter and protection from weather, veterinary care when needed to prevent suffering, grooming when lack thereof would adversely affect the health of the animal, and with humane care and treatment.
(b) "Adequate shelter" shall be construed to mean a structure which enclosed by at least three walls or sides and a roof, which structure is located such that the animal is protected from weather conditions.
Sec. 2.702 Cruel Treatment

It shall be a violation of this Ordinance for any person to willfully or maliciously strike, beat, cruelly treat, torment, mentally abuse, overload, overwork, intentionally run down with a vehicle, or otherwise cause or inflict unnecessary pain, injury, suffering or death to an animal; except that reasonable force may be used to drive away vicious, dangerous or trespassing animals. It shall be a violation of this Ordinance for any person to abuse an animal or cause, instigate or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans.
Sec. 2.703 Abandonment

It shall be a violation of this Article for a person to abandon an animal in his care, control, ownership, or custody.

Sec. 2.704 Inducement
No person shall give away any live animal as a prize or as an inducement to enter any contest, game, or other competition or an inducement to enter a place of business, offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. Exceptions shall be given to non-profit organizations.

Sec. 2.705 Poisonous Substance-Traps

No person shall place any known poisonous substance, whether mixed with food or not, in a manner that makes it likely to be eaten by any Domestic Animal or person. This section is not intended to prohibit use of herbicides, insecticides or rodent and vermin control materials. No person shall utilize steel leg-hold traps within the Bastrop City limits. This provision is not intended to include humane traps nor restrict the use of them.

Sec. 2.706 Tampering with Traps and Equipment

No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to, or set out by, the Animal Control Department or its designee.
Sec. 2.707 Theatrical Exhibits
All theatrical exhibits as defined herein shall, in addition to other requirements of this title, comply with the minimum standards of this section. Facilities shall be subject to inspection by an Animal Control officer upon his/her request, during reasonable hours.
(1) The Animal Control Department must be notified of all displays or performances, including date, time and exact location at least 48 hours in advance of a display or performance.
(2) Animal quarters shall be of sufficient size to allow each animal to stand up, lie down and turn around in a natural position without touching the sides or top or any other animal or waste.
(3) Each enclosure shall be maintained in comfortable and health temperature level as well as have adequate ventilation.
(4) No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or physical force or by causing pain or discomfort. Any whip or riding crop must be used so as to not cause injury to the animal.
(5) No animal shall be caused to fight, wrestle or be physically matched against any other animal or person.

Sec. 2.708 Injury and Destruction of Wild Birds

The City of Bastrop is hereby declared a Bird Sanctuary. Any person, who shall willfully kill or injure any Wild Bird, remove the eggs or young from the nest of a Wild Bird, or in any manner destroy the eggs or young of Wild Birds, excluding the pigeon, English sparrow, European starlings, grackles, ravens, red winged blackbirds, blackbirds, cowbirds, feral rock doves, and crows, shall be guilty of a Class C misdemeanor. Canaries, parrots, and other exotic non-game birds may be sold, purchased, and kept as domestic pets.
Nothing in Article 2 invokes the application of the Endangered Species Act of 1973, as amended, or any other federal, State or local law or regulation related to wild birds or animals unless such provisions would otherwise apply.

ARTICLE 2.800 ANIMAL NUISANCES

Sec. 2.801 Creating a Health Hazard
(a) It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the City when the keeping of such animal constitutes a public nuisance or menace to public health or safety. Any person who harbors or keeps on his/her premises, or in or about a premises under his/her control, an animal and who allows his/her premises to become a hazard to the general health and welfare of the community, or who shall allow his/her premises to give off obnoxious or offensive odors and/or noises due to the activity or presence of such animals, shall be guilty of a Class C misdemeanor.
(b) Any person who shall allow his/her animal to eliminate wastes onto public property or the private property of another, and does not remove same immediately, shall be guilty of a Class C misdemeanor.
(c) It shall be the duty of every person keeping or maintaining any animal which becomes infected of afflicted with a disease which is contagious or a threat to the life and health of other such animal(s) and fowl, or to humans, to humanely destroy said animal(s) and dispose of its remains when directed, and as directed, by the local health authority, the Department, or his/her designee.
(d) Except for animals kept by veterinarians or persons engaged in medical or scientific research, and those mounted by a taxidermist, dead animals shall be disposed of within twenty-four (24) hours of the time of death. The manner in which dead animals are disposed of shall, at minimum, comply with the established regulations of the Bastrop County Health Department and applicable State laws and regulations.
(e) Disposal of animal remains on public property is prohibited, exception, sanitary landfill. It shall be unlawful for any person to dispose of any dead animal upon the public property within the City of Bastrop, other than in the sanitary landfill. Public property shall include, but not be limited to: streets, alleys, parks, buildings and grounds owned, operated or rented by any level of government, school property, easements, rights-of-ways and drainage channels and refuse receptacles maintained by or under the control of the City of Bastrop.
Sec. 2.802 Authority to Destroy Injured/Diseased Animal
(a) The Animal Control Department or its designated representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate and notify the owner of the condition of such animal.

(b) The Animal Control Department or designated representative is authorized to destroy any animal which is known to be wild, feral, or due to its temperament or vicious behavior constitutes a threat to the public or the Animal Control Department, its representatives, employees, or designees.

ARTICLE 2.900 DANGEROUS DOGS

SECTION 2.901. Authorization
This Article is enacted pursuant to the general police power, the authorities granted to cities and towns by the Texas Constitution, the City of Bastrop's Home Rule Charter, and the State of Texas through its Health and Safety Code, Chapter 822, et seq.
SECTION 2.902. Purpose and Intent

The purpose of this Article is to promote the public health, safety, and general welfare of the citizens of the City of Bastrop. It is intended to be applicable to "dangerous" dogs, as defined herein, by ensuring responsible ownership and handling of such dogs by their owners through registration, confinement, and acquisition of liability insurance.

SECTION 2.903. Definitions

When used in this Section 2.900 of this Article, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) Dog means a domesticated animal that is a member of the canine family.
(b) Dangerous Dog, as used in Article 2.900, et seq., means any dog that, because of its aggressive nature, training or characteristic behavior has demonstrated that it presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property of others [including other animals] if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "Dangerous Dog" includes any dog that according to the records of the City Animal Shelter, the City Department of Animal Control, or any law enforcement agency:
1. makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and which enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own, or
2. commits unprovoked acts in a place other than an enclosure in which the dog was being kept and which enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person or that person's property or the property of others; or
3. as otherwise defined by State law and this Code, as amended, from time to time.

(c)Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength adequate to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered `direct control' when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or of government police dogs.
(d) Impoundment means the taking or picking up and confining of an animal by any police officer, Animal Control Officer or any other public officer under the provisions of this Ordinance.
(e) Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting people or other animals.

(f)Owner, as used in Article 2.900, et seq., means any person, partnership, corporation or other individual or legal entity temporarily or permanently owning, maintaining, harboring or keeping, or otherwise having responsibility for, the care or custody of any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or Boarding Kennel.
capable of preventing the escape or release of a dog;

(g) Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.

(h) Secure enclosure means a fenced area or structure that is:

(1) locked,
(2) capable of preventing entry of the general public, including children;
(3) capable of preventing the escape or release of a dog;
(4) clearly marked as containing a Dangerous Dog; and
(5) in conformance with all other requirements for animal enclosures contained in this Code.

(i) Under restraint means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.

SECTION 2.904. Procedure for Declaring a Dog as Dangerous
(a) An Animal Control Officer or any adult person may request, under oath, that a dog be classified as a Dangerous Dog, as defined in Section 2.903 (d) by submitting a sworn, written complaint to the City's Animal Control Officer, on a form approved by the City. Upon receipt of such complaint, the Animal Control Officer shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations, as set forth in the complaint, may be conducted by the Department or its designee.
(b) It may be a defense to the determination that a dog is dangerous and to the prosecution of the owner of that dog if, at the hearing, the owner is able to establish that:
(1) the threat, injury, or damage done by the dog was sustained by a person who at the time was committing a willful trespass or other crime upon the premises occupied by the owner of the dog; or
(2) the person who was injured was teasing, tormenting, abusing or assaulting the dog or has, in the past been reported for teasing, tormenting, abusing or assaulting the dog; or
(3) evidence demonstrates that the person attacked was committing or attempting to commit a crime; or
(4) the dog was protecting or defending a person from an unjustified threat, attack or assault, or
(5) the dog was injured and was responding to pain when it attacked.

(c) At the conclusion of its investigation, the City may:
(1) Determine that the dog is not dangerous and, if the dog has been impounded during the investigation, the City will waive any impoundment fees incurred and release the dog to its owner; or
(2) Determine that the dog is dangerous and order the owner to comply with the requirements for keeping Dangerous Dogs set forth in Section 2.908, and if the dog has been impounded during the investigation, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten (10) business days after a final determination that a dog is dangerous, the Animal Control Officer may cause the dog to be humanely destroyed.

SECTION 2.905. Notification of Dangerous Dog Declaration

(a) Within five (5) business days after declaring a dog as dangerous, the Animal Control Officer shall notify the owner by certified mail (return receipt requested, to the last known address of the owner) of the dog's designation as a Dangerous Dog and shall enclose with the notice a copy of this Ordinance detailing the specific restrictions and conditions for keeping the Dangerous Dog within the City. Notice may also be hand delivered to the owner, by the Animal Control Officer or his designee, if mailed notice is not feasible. The Animal Control Officer also shall notify the City Manager and the Police Department of the designation of any dog as a Dangerous Dog, with such notification including a general description of the dog, the identity of the current owner, the address of the dog's current location, and specify any particular requirements or conditions placed upon the dog owner, for the care and control of the Dangerous Dog.

(b) The notice shall inform the dog owner that he may request, in writing, a hearing to contest the Animal Control Officer's finding and designation within five (5) business days after the date of mailing notice of the Dangerous Dog declaration.
(c) If the Animal Control Officer cannot with due diligence locate the owner of a dog that has been seized pursuant to this Ordinance, the Animal Control Officer shall cause the dog to be impounded for not less than ten (10) business days. If after ten (10) days, the owner fails to claim the dog, the Animal Control Officer may cause the dog to be humanely destroyed.
SECTION 2.906. Hearing upon Request Related to Declaration that a Dog is Dangerous

(a) The City shall hold a hearing within ten (10) business days after receiving the dog owner's written request for a hearing related to declaration that a dog is dangerous. The City shall provide notice of the date, time and location of the hearing to the dog owner and the complainant by certified mail.

(b) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. The hearing is before the Director of Animal Control, or his designee, who will be the final decision maker in the matter. Criteria to be considered in a hearing required by this Section shall include, but is not be limited to the following:
(1) provocation,
(2) severity of attack or injury to a person or domestic animal,

(3) previous aggressive history of the dog,

(4) observable behavior of the dog,

(5) site and circumstances of the incident, and
(6) statements from interested and/or affected parties.