AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.01 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, in order to protect the health, safety and welfare of the Citizens of Bastrop, the City Council has determined that it is necessary to amend the current City Code related to Animal Control to make the Code harmonious with recently updated State laws related to the same;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1: That Chapter 2, Article 2.01, et seq. of the Code of Ordinances of the City of Bastrop, Texas, is hereby amended to read as follows:
ARTICLE 2.01 GENERAL PROVISIONS
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:
Altered. Means surgical sterilization of an animal.
Restraint. Means a chain, rope, tether, leash, cable or other device that is held by an individual or attaches an animal to a stationary object or trolley system.
Unaltered. Means an animal not surgically sterilized.
Part 2: That Article 2.02 'VACCINATION 7 LICENSING OF DOGS & CATS shall be amended to read as follows:
ARTICLE 2.02 ANIMAL LICENSING AND VACCINATION
Sec. 2.02.001 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 inflicts a bite, scratches, or otherwise attacks any person within the City limits, a rabies vaccine shall not be administered to the dog until that animal is released from quarantine.
Sec.2.02.008. Licensing and Fees
(a) License Required. No person shall own, keep or harbor a dog over the age of three (3) months, within the City, unless a license has been obtained for the dog owned.
(b) Administration of Licensing. The City of Bastrop will furnish licenses as provided for herein. Licenses shall be available at the following locations
1. City of Bastrop Utility Department;
2. The Bastrop Police Department; and
3. The Bastrop County animal shelter.
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(1) Application. Written applications for dog licenses shall be made upon a printed application form provided by the City and shall state the name and address of the Owner of the dog(s), and the name, breed, color, age and sex of each dog being licensed. Applications may be obtained at the locations provided for above in part (b) of this section.
(2) Conditions for License. Dog license tags shall be issued upon payment of a license fee and upon presentation of a rabies certificate issued by a licensed veterinarian showing that such vaccination was given in compliance with state law.
| (c) License Fee and Term of Licenses. |
- If the Owner presents documentation prepared and signed by a veterinarian licensed by the State of Texas which demonstrates that the dog to be licensed has been altered, the Owner shall be provided a lifetime license for such Animal, for a one time licensing fee of $5.00;
- Owners of an un-altered dog(s) shall be required to file an application for a new license for the dog(s), each year. The fee for such annual license shall be $25 per animal licensed, per year;
- No license fees shall be due or paid for any dog that is owned by a
citizen over 65 years of age, if such animal is altered. Un-altered animals owned by citizens over 65 years of age shall be licensed as set forth above in part (c)(ii).
Part 3: That Article 2.04 "IMPOUNDMENT" shall be amended to read as follows:
ARTICLE 2.04. ANIMAL IMPOUNDMENT AND RESTRAINT
Sec. 2.04.040. Safety of Animals in Motor Vehicles
(a) A person may not transport an animal in a motor vehicle on public roadways
or areas open to the public unless:
- the animal is enclosed within the vehicle; or
- if the animal is transported in an unenclosed vehicle, including a convertible, pickup truck, flatbed truck, or motorcycle, the animal shall be confined in a secure and appropriately sized vented container or confined in a manner that prevents the animal from falling or jumping from the vehicle or otherwise being injured.
(b) A person may not keep an animal in a motor vehicle in a manner in which the animal's health or life is endangered by high temperature, low temperature, or inadequate ventilation.
i. A peace officer or animal control officer may, after attempting to locate the animal's Owner, remove the animal from a vehicle using any reasonable means, including the breaking of a window or lock. If professional services are required to remove the animal, the Owner shall be responsible for any cost or fees related to the removal of the animal from the vehicle.
ii. A peace officer or animal control officer who removes an animal from a vehicle, or enclosed space, in accordance with this subsection shall not be liable for damage caused to the vehicle and/or property contained therein.
Sec.2.04.041. Restraint Requirements for Dogs on Private Property (This is a new section added)
(a) Except as provided in subsection (b), a person may not restrain a dog with a chain or tether unless the person is holding the chain or tether.
(b)The prohibition in subsection (a) does not apply to a temporary restraint, which temporary restraint shall not longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained occurring;
i. during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity;
ii. during a period that is necessary to protect the safety or welfare of a person or the dog, if the dog's Owner or handler remains in visual proximity to the dog throughout the period of restraint;
iii. while the Owner is engaged in, or actively training for, an activity for
which the license issued is associated with the use or presence of a dog.
(c) If temporary restraint is allowed as per Section 2.02.041(b), above, then during any such temporary restraint, a person may not restrain a dog:
a. in a manner that does not allow the dog to have access to necessary food, shelter and water;
b. in a manner that allows the dog to move outside the person's property.
c. in the case of extreme weather conditions, including conditions in which:
i. the actual or effective temperature is below 32 degrees Fahrenheit;
ii. a heat advisory has been issued by a local or state authority, or jurisdiction, or
iii. a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
d. between the hours of 10 p.m. or 6 a.m;
e. within 500 feet of the premises of a school;
f. by use of a restraint that unreasonably limits the dog's movement. A restraint unreasonably limits a dog's movement if the restraint:
i. uses a collar that is pinch-type, prong-type, or choke-type or one that is not properly fitted to the dog:
ii. is a length shorter than the greater of:
1. five times the length of the dog, as measured from the tip of dog's nose to the base of the dog's tail; or
2. ten (10) feet;
g. in an unsafe condition; or
h. in a manner that causes or may cause injury to the dog.
(d). A person restraining a dog with a chain or tether, whether the chain or tether is held by the person or attached to an inanimate object during a period of temporary restraint, shall attach the chain or tether to a properly fitting collar or harness worn by the dog. A person may not wrap a chain or tether directly around the dog's neck. A person may not restrain a dog, with a chain or tether that weighs more than 1/18 of the animal's body weight. A chain or tether used to restrain a dog must, by design and placement, be unlikely to become entangled.
(e) Should a violation of this Section 2.520 occur, at the discretion of a peace officer or animal control officer, after attempting to locate the animal's Owner, a peace officer or animal control officer may enter onto private property for the sole purpose of removing the animal. If professional services are required to remove the animal, the Owner is responsible for any and all costs associated therewith.
Sec. 2.04.042. Enclosure for Dogs
- An outdoor enclosure used to keep four (4) or more dogs, other than puppies less than six (6) months old, must be located at least 50 feet from an adjacent residence or business, excluding the resident or business of the Owner or handler of the dogs.
- An outdoor enclosure used as the primary living area for a dog, or used regularly as an area for the dog to eat, sleep, drink, and eliminate, must have at least 100 square feet of space for each dog six (6) months of age or older.
- All dogs left in an outdoor enclosure must have access to necessary food, shelter, and water.
- A dog may not be left in an outdoor enclosure in the case of extreme weather conditions including conditions in which:
i. the actual or effective temperature is below 32 degrees Fahrenheit;
ii. a heat advisory has been issued by a local or state authority, or jurisdiction, or
iii. a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.
Part 4: If any section or part of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that holding shall not invalidate or impair the validity, force or effect of any other section or part of this Ordinance or Code of Ordinances, City of Bastrop, Texas.
Part 5: This Ordinance supersedes and repeals all Ordinances or parts of Ordinances, if any, in conflict herewith; however, such present Ordinances shall remain in full force and effect until the effective date of this Ordinance.
Part 6: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.
READ and Acknowledged on First Reading on the 12th day of February 2008.
READ and Adopted on Second Reading on the 26th day of February 2008.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Law Offices of JC Brown,
PC City Attorney
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