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Ord 782 Amending and Approving Chapter 14 Animals TOWN OF WESTLAKE ORDINANCE NO. 782 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ("TOWN") APPROVING AND AMENDING CHAPTER 14 "ANIMALS" OF THE CODE OF ORDINANCES BY PROVIDING FOR DEFINITIONS, NUMBER OF ANIMALS; CARING FOR ANIMALS; SANITATION; PROHIBITION ON INJURING ANIMALS; ANIMALS AT LARGE; UNLAWFUL RESTRAINT; DETERMINATION AND PROCEDURE FOR DANGEROUS DOG; ADOPTING A SAVINGS CLAUSE; PROVIDING A PENALTY; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the Town Council of the Town of Westlake, Texas finds that it is in the public interest to regulate dogs, cats and other animals harbored within the Town of Westlake; and WHEREAS, the ordinance is necessary for the public safety, health, and welfare of the Town of Westlake; and WHEREAS, the ordinance was passed at a duly posted and called meeting which met all the requirements of the Open Meetings Act; WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit "A") to the Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 14 "Animals" of the Municipal Code of the Town of the Town of Westlake is amended by deleting the current Chapter 14, Article II and adding Chapter 14"Animals"Article II to read as follows: Chapter 14, Article II. DIVISION 1. - GENERALLY Sec. 14-31. -Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ord 782 Page I of 15 Adequate fencing means fence which contains livestock or any other animal upon the owner's or occupier's property and prevents same from escaping. Animal means any live creature, both domestic and wild, except humans. The term "animal" includes fowl, fish and reptiles. Animal control authority means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. Animal control officer means an employee or agent of the town, designated by the town manager to administer and enforce the licensing, inspection and enforcement requirements contained within this article. Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries. Animal nuisance means any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal. Animal shelter means any facility operated by or contracted with the town or humane society for the temporary care, confinement and detention of animals and for the humane euthanizing and other disposition of animals. The term "animal shelter" shall also include any private facility authorized by the town manager or their designee to impound, confine, detain, care for or euthanize any animal. At large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal. Auction means any place or facility where animals are bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners. Cats shall mean cats of all ages, both male and female. Collar means any neck restraint constructed of nylon, leather, or similar material, specifically designed to be used for an animal. Cruelty means any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, the term "cruelty" shall mean a failure to employ the most humane method reasonably available. Custodian means a person or agency which feeds, shelters, harbors, owns, has possession or control of, or has the responsibility to control an animal. Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. The term "disposition" includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location. Ord 782 Page 2 of 1 Domestic animal means dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement. Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, venomous snake, member of the feline species other than domestic cat (Felin domesticus), member of the canine species other than domestic dog (Canis familiaris) or any other animal that would require a standard of care and control greater than that required for domestic farm animals or customary household pets sold by commercial pet shops. Fowl means chickens, turkeys, pheasant, peacocks, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed. Guard dog and attack dog mean a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command. Harbor means to feed or shelter an animal for three or more consecutive days. Impoundment means the taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof. Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Livestock means horses, mules, donkeys, cattle, goats, sheep, Asian pot bellied pigs, swine, ostriches, emus and llamas, regardless of age, sex or breed. Owner means any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this article. Pet shop means any person, partnership or corporation, whether operated separately or in connection with another business enterprise except a licensed kennel, that buys, sells or boards any species of pets. Possession is the actual care, custody, control or management of a certain animal. Premises: (1) A parcel of land(one (1) or more contiguous lots) owned, leased or controlled by one (1) or more persons; or (2) A building or part of a building. Prohibited animals or hazardous animal means any animal not normally considered domesticated and capable of(or inclined to do) serious bodily harm to humans or other animals or fowl as determined by the city. These animals include (but are not limited to) any venomous lizard or snake, boa constrictor, python, emperor scorpion, bat, raccoon, skunk, fox, bear, elephant, kangaroo, non-human primate, including monkey and chimpanzee, antelope, deer, wolf or wolf-hybrid, lion, tiger, ocelot, bobcat or any other large cat, alligator, crocodile, feral swine, and their allies. Properly fitted means with respect to a collar, a collar that measures the circumference of a dog's neck plus approximately one inch. brd 782 Page 3 of 15 Public nuisance anitnal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to: (1) Any animal that is repeatedly found running at large; (2) Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint; (3) Any animal that damages, soils, defiles or defecates on any property other than that of its owner; (4) Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (6) Any animal in heat that is not confined so as to prevent attraction or contact with other animals; (7) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; (8) Any animal that chases motor vehicles in a public right-of-way; (9) Any animal that attacks domestic animals; (10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; (11) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities. Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary objector trolley system. Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission. Secure enclosure means a fenced area or structure that is: (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the escape or release of the animal; and (4) Clearly marked as containing a dangerous animal. Stray animal means an animal which is not on a leash or enclosed in a fenced yard. Ord 782 Page 4 of 15 Under restraint means that an animal is secured by a leash, lead 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. Vaccination means an injection of any vaccine for rabies approved by the state veterinarian and administered or supervised by a licensed veterinarian. Vicious or Dangerous animal is one that: (1) Makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Wild animal means any monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in a 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 animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. Sec. 14-32. -Nuisances. It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the town when the keeping of the animal constitutes a public nuisance or menace to public health or safety. It shall create a presumption that a person has knowledge that the animal under their control is a public nuisance or is making or creating an unreasonable disturbance if such person has been notified by the Animal Control Officer or any peace officer of such disturbance and failed or refused to correct such disturbance or prevent its recurrence. Sec. 14-33. -Keeping of exotic animals. It shall be unlawful for anyone to own or harbor any exotic animal without the written permission of the town manager or his/her designee. Such permission shall be given only if it is demonstrated to the satisfaction of the town manager or his/her designee that the animal will not constitute a threat to public health or safety. Sec. 14-34. -Number of animals kept; (a) It shall be unlawful for any person to keep more than four (4) dogs, cats or other animals within the town; except that a litter of pups, kittens or other young animals may be kept for a period of time not exceeding five months from birth. (b) The number of grazing animals may not exceed that allowed in section 14-40. Ord 782 Page 5 of 15 Sec. 14-35. - Caring for animals. (a) It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide the animal with sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, humane care and treatment, or to unnecessarily expose the animal in hot, stormy, cold or inclement weather. (b) No owner or custodian of any animal shall willfully abandon the animal on any street, road, highway or public place, or on private property when not in the care of another person. (c) It shall be unlawful for any person to confine or allow to be confined any animal in a motor vehicle or travel trailer under such conditions or for such a period of time as may endanger the health or well-being of the animal due to heat, lack of food/water, or any other circumstance which causes suffering, disability or death of the animal. Sec. 14-36. - Sanitation. (a) No owner or custodian of any animal shall cause or allow the animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property other than that of the owner, unless the owner or custodian immediately removes and disposes of all feces deposited by the animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and (2) Removal of the bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law. (b) No person owning, harboring or keeping an animal within the town shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, so as to create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. (c) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. Sec. 14-37. -Injuring and poisoning of animals prohibited. (a) It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to the animal; except that reasonable force may be used to drive away vicious or trespassing animals. (b) No person, except a licensed veterinarian for humanitarian purposes, shall administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents. Ord 782 Page 6 of 15 Sec. 14-38. - Disposition of large animals. Any animal control officer or other designated person on call who removes a large animal such as a horse, cow, mule or any other animal not acceptable by any animal hospital or shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the town to accept such animals. The disposition of any animal removed to a facility other than an animal hospital or shelter shall be handled in the same manner as though the animal were confined in an animal hospital or shelter. Sec. 14-39.—Vaccinations; Registration. (a) Registration (1) To aid in identification of the pet owner and return of the animal in the event of impoundment, all dogs and cats must be registered with the animal control authority. (2) All dogs and cats within the city, four (4) months of age or older, shall be registered annually. (3) It shall be an offense to own or harbor a dog or cat without registering said dog or cat annually. (4) In order to register a dog or cat, the owner or harborer of the dog or cat must present to the Animal Shelter a certificate from a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding twelve (12) months with a one- year serum, or within the preceding thirty-six months with a three-year serum. Such vaccination certificate shall reflect the name of the owner, his/her address, a description of the dog or cat, the date of the vaccination, the number of the vaccination tag, and the kind of vaccination used. The veterinarian shall provide the owner with a metal tag, on one (1) side of which is stamped the words "Vaccinated Against Rabies", the date of the vaccination, veterinarian, business name, and control number. This tag shall be securely attached to the collar or harness of the dog or cat at all times, and will aid in the identification of the animal. (5) Upon presentation of a certificate of vaccination and a completed application for a license to the animal shelter, an animal control officer will file the application and certificate for retention by the animal control officer and issue the owner of the dog or cat a metal tag to be securely attached to the collar or harness of the dog or cat. The tag must be worn at all times. If the original current registration tag is lost or destroyed, the owner must obtain a duplicate by paying a fee. (6) Registration shall be renewed annually. (7) If there is a change in ownership, the new owner shall have the registration transferred to his name within ten (10) days. (8) All fees for registration, duplicate tags, and registration transfer shall be the fees designated by the fee ordinance. (b) Vaccination. It shall be unlawful for any person within the town to own, keep, possess, harbor, or allow to remain upon the premises under his/her control any dog or cat Ord 782 Page 7 of 15 without having proof that such animal is immunized against rabies as required by this section. (c) This vaccination or registration requirements of this section shall not apply to fish, birds, ungulates, or any of the following list of animals: hamsters, guinea pigs, rabbits, rats, mice, gerbils. (d) The vaccination requirements of this section shall not apply to any animal which in the opinion of the licensed veterinarian would be endangered by rabies vaccination. (e) It shall be the duty of the owner, custodian or veterinarian to report to the animal control authority all cases of rabies or suspected rabies which the owner, custodian or veterinarian knows or should know. Any animal that has or is suspected of having rabies, that has symptoms of rabies, has been exposed to rabies or some other facts suggest that rabies is a concern in regard to the animal shall be quarantined as required by law and direction of the designated Animal Control authority or the town manager or designee. Sec. 14-40. -Area for keeping grazing animals. Grazing animals 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 square feet per animal. Grazing animals of less than 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 square feet per animal. Sec. 14-41. - Enforcement. (a) Animal control officers, contracted with the town or other designees of the town manager, shall be the enforcement officials for this article. These officials, along with police officers, shall have the authority to act on behalf of the town in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this article. (1) It shall be unlawful to fail to appear in accordance with the terms of a citation issued by the animal control officers. (2) If the person being cited is not present, the animal control officer may send the citation to the registered owner or alleged offender by certified mail, return receipt requested, or by a recognized overnight delivery service or by hand delivery, whereupon service shall be deemed complete. (3) It shall be a violation of this article to interfere with any animal control officer or other enforcement official in the performance of his duties. (4) The animal control officer shall have the right of ingress and egress on private property for the purpose of apprehending animals at large or upon having probable cause to believe the animal to have bitten, injured or otherwise attacked a human being or other animal or to have, or have been exposed to, rabies or another communicable disease posing a danger to the public health, safety or welfare, or Ord 782 Page 8 of 15 otherwise pose a clear and present danger to human beings or other animals. An Animal control officer shall apply for a warrant where necessary. Sec. 14-42. - Violations and penalties. (a) It shall be a violation of this article to: (1) Fail to comply with any provision of this article; and (2) Fail to comply with any lawful order of the animal control officer, or police officer unless the order is lawfully stayed or reversed. (b) Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $500.00 If a violation continues, each day's violation shall be deemed a separate offense. Secs. 14-43-14-60. -Reserved. DIVISION 2. -HOGS OR SWINE Sec. 14-61.- Keeping of hogs or swine; restrictions. It shall be unlawful for any person to keep, harbor or raise within the limits of the town more than two hogs or swine per acre of landholdings of such person within the limits of the town, or to construct, erect or maintain any pen or other enclosure for such animals which is not less than 1,000 feet from any property adjoining the property of the person keeping, harboring or raising such animals and not less than 1,000 feet from any public road within the limits of the town. Secs. 14-62-14-80. -Reserved. DIVISION 3. - RESTRAINT; CONFINEMENT; ANIMALS AT LARGE; IMPOUNDMENT; UNLAWFUL RESTRAINT OF DOG Sec. 14-81. -Restraint and confinement generally. (a) It shall be unlawful for the owner of any animal to fail to keep the animal under restraint or to permit the animal to run at large upon the streets and public ways of the town. (b) Any dog, while on a street, sidewalk, public way or in any park, public square, or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog. (c) No owner or custodian of any animal shall fail to exercise proper care and control of the animal to prevent the animal from becoming a public nuisance. (d) Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. Sec. 14-82 Unlawful restraint of dog. (a) Prohibited acts. An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: Ord 782 Page 9 of 15 (1) Between the hours of 10:00 p.m. and 6:00 a.m.; (2) Within five hundred(500) feet of the premises of a school; or (3) In the case of extreme weather conditions, including conditions in which: a. The actual or effective outdoor temperature is below 32 degrees Fahrenheit; b. The temperature exceeds 99 degrees Fahrenheit; or b. A heat advisory has been issued for the jurisdiction by the National Weather Service. (b) Restraints. In this section, a restraint shall be presumed to unreasonably limit a dog's movement if the restraint: (1) Uses a collar that is a pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (2) Is a length shorter than the greater of- a. £a. Five (5) times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or b. Ten(10) feet; (3) Is in an unsafe condition; or (4) Causes injury to the dog. (c)Affirmative Defenses. The following shall be an affirmative defense to Subsection(a): (1) A dog restrained to a running line, pulley or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type or improperly fitted collar; (2) A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state or local authority or jurisdiction; (3) A dog restrained for a reasonable period, not to exceed three (3) hours in a twenty-four- hour period and no longer than is necessary to allow the owner to complete the temporary task that requires the dog to be restrained, but those three (3) hours cannot be within the prohibited times of 10:00 p.m. to 6:00 a.m. set forth above; (4) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State if the activity for which the license is issued is associated with the use or presence of a dog. (d)Penalty. (1) A person commits an offense if the person knowingly violates this section. (2) A peace officer or animal control officer who has probable cause to believe that an owner is violating this Section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. (3) A person commits an offense if the person is provided with a statement described in subsection (d)(2) and fails to comply with this section within twenty-four (24) hours of the time the owner is provided with a statement. A first time offense under this section is a class Ord 782 Page 10 of 15 C misdemeanor. If a person has been previously convicted of this offense, the person shall be prosecuted under state law,providing for a more serious penalty. (4) If a person fails to comply with this section with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. (5) A person may be prosecuted under this law or any other law or both. (e) This section does not prohibit a person from walking a dog with a hand-held leash. (f) This section does not authorize a person to allow a dog to run at large. Sec. 14-83. -Restraint of guard dogs. (a) Every owner of a guard dog or of an attack dog shall keep the dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six feet in height and shall prevent the dog from escaping or climbing out of the enclosure. (b) The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof. (c) The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies. Sec. 14-84. -Restraint of dangerous/vicious animals; procedures and hearing (a) Every vicious animal shall be confined by its owner or an authorized agent of its owner within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not more than three feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to the animal. (b) Report of attack. The animal control department may receive a report concerning a dog or animal, which has bitten or attacked a human or animal. A complainant, who wishes the matter be heard, must file with the Westlake Municipal Court, a written sworn complaint that must contain the following known information: (1)Name, address, and telephone number of the complainant and any other witnesses; (2) Date, time and location of incident(s); (3) A complete description of the dog or animal (breed, if known, as well as color and size); (4) Name, address and telephone numbers of owners, if known, or the premises where the dog or animal is located; (5) A statement that the dog or animal has bit or attacked a person or animal; (6) A statement that the dog or animal has exhibited vicious propensities in its past conduct; and (7)Any other facts and circumstances relating to the incident. Ord 782 Page I I of 15 (c) Procedure after complaint is filed. After a sworn affidavit (complaint) is filed, the animal control department shall investigate the complaint to determine if the dog or animal is dangerous. (d) Animal service findings. The animal control department shall make a finding regarding whether or not the dog or animal is dangerous. If the dog or animal is found to be dangerous, animal services shall notify the owner of the determination by personal service or certified mail - return receipt request. The notification will advise the owner of the right to"appeal and will require that the owner perform the following requirements within thirty (30) days from receipt of the notice: (1) Register the dangerous dog or animal with the animal control department. (2) Restrain the dangerous dog or animal at all times on a leash, in the immediate control of an adult, who is at least seventeen(17) years of age, or in a secure enclosure. (3) Obtain and provide proof to the animal control department of liability insurance coverage or provide proof of such liability insurance or proof of current financial responsibility, in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog or animal causing bodily injury or other damage to a person. (4) Post on all fences that face public areas, signs that state in bold letters "DANGEROUS ANIMAL." All signs must be obtained from and approved by the animal control department. (5) Require that the dangerous dog or animal wear an orange collar and red tag at all times. All collars and tags must be obtained from and approved by the animal control department. (e) Appeal of determination. The owner of a dangerous dog or animal may appeal animal services determination to the municipal court no later than the fifteenth (15th) calendar day after being notified of the animal service determination. The municipal court shall conduct a hearing within fifteen (15) days, to determine if the dog or animal is dangerous. At such hearing the municipal court may receive testimony concerning the incident under investigation, and/or consider the affidavits and/or complaints on file, to determine if the dog or animal is dangerous. If the dog or animal is found dangerous, the municipal court shall, for the protection of the public health, safety, and welfare of the community, mandate compliance with subsection (d), or . determine whether the dog or animal should be removed from the corporate town limits of Westlake, humanely destroyed by animal services, a veterinarian, or released to an animal rescue organization. (f) Procedure when no appeal. (1) If the owner of the dangerous dog or animal does not comply with subsection (d)(1)(.)2, or (3). above, within thirty (30) days of being notified the animal has been found dangerous, nor has appealed pursuant to section (e) above, the owner shall surrender the animal to the animal control department. If the owner does not surrender the animal, then the animal control officer shall obtain from the municipal court, a warrant, authorizing the animal control department to seize the animal. Thereafter, the animal control department shall seize the animal, or order its seizure, and provide a secure and humane place for the impoundment of the animal. (2) If the owner complies with subsection (d)(1), (2), and (3) above, before the eleventh (11 th) day on which the dangerous dog or animal was seized or was surrendered to the animal control officer, the municipal court shall order the return of the dangerous dog or animal. Ord 782 Page 12 of 15 (3) If the owner has not complied with subsection(d)(1)(2), and (3), above, before the eleventh (11th) day on which the dangerous dog or animal was seized or surrendered to the animal control department, the municipal court shall, for the protection of the public health, safety, and general welfare of the community, determine whether the animal should be removed from the corporate town limits of the Westlake, humanely destroyed by the animal control department, a veterinarian, or released to an animal rescue organization. (4) The owner of an impounded dangerous dog or animal shall be held responsible for any cost or fee assessed by the city related to the seizure, impoundment, and destruction of the animal. Sec. 14-85. - Property owners may impound. Any person finding an animal at large upon his/her property may remove the animal to any animal shelter that will take possession of the animal. If no shelter is available, the property owner may hold the animal in his/her own possession, and as soon as possible, notify the animal control officer. The property owner shall provide a description of the animal and the name of the owner if known. The animal control officer shall take possession of the animal. Sec. 14-86. - Return of animal/notification to owner. (a) If the name of the owner or custodian of an animal found at large is known or can be obtained with reasonable dispatch, the animal control officer shall return the animal to the residential address of the owner. If there is no one present, the animal control officer shall leave written notice of whom the owner must contact to reclaim the animal. The officer shall then remove the animal to the nearest animal hospital or shelter that will accept the animal. (b) The animal control officer will also scan the animal for a microchip and inspect said animal to locate any tattoo that would assist in the notification and return of the animal to the registered owner. Sec. 14-87. - Impoundment. (a) In addition to any other remedies provided in this article, an animal control officer or a police officer may seize, impound and humanely confine to an animal shelter or hospital any of the following animals: (1) Any dog or cat without valid proof of rabies vaccination; (2) Any animal at large; (3) Any animal constituting a public nuisance or considered a danger to the public; (4) Any animal that is in violation of any quarantine or confinement order required by the Town; (5) Any unattended animal that is ill, injured or otherwise in need of care; (6) Any animal that is reasonably believed to have been abused or neglected; (7) Any animal that is reasonably suspected of having rabies; Ord 782 Page 13 of 15 (8) Any animal that is charged with being potentially dangerous, or dangerous where any animal control officer or the town manager determines that there is a threat to public health and safety; (9) Any animal that a court of competent jurisdiction has ordered impounded or destroyed; (10) Any animal that is considered unattended or abandoned, as in situations where the owner is deceased or has been arrested or evicted from his/her regular place of residence. (b) An animal control officer or police officer may also, or in lieu of impoundment, issue to the owner a notice of violation which will be filed with the municipal court. Sec. 14-88. -Notice to owner and redemption. (a) Upon impoundment of an animal, the animal control officer shall immediately attempt to notify the owner by telephone, visit to residence or certified mail. If the owner is unknown, the animal control officer shall post written notice for three consecutive days at the Westlake town hall describing the animal and the time and place of taking. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed, and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. (b) An owner reclaiming an impounded animal shall pay the fee of the appropriate shelter where his/her animal has been impounded. The daily rate charged for any subsequent impoundment occurring within 12 months shall be double at the rate which was charged for each day of confinement during the first impoundment. (c) Any animal not reclaimed by its owner within ten (10) working days shall become the property of the town and shall be placed for adoption in a suitable home or euthanized in a humane manner. (d) Every reasonable effort shall be made by the animal control officer, to include but not limited to, contact the animal owner by telephone, email, or any other available means of contact in an effort to notify the owner of an impounded animal. SECTION 3: That all provisions of the Ordinance not hereby amended shall remain in full force and effect. SECTION 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed the maximum amount allowed by law. SECTION 5: If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Ord 782 Page 14 of 15 SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED THIS 25TH DAY OF APRIL, 2016. LaM'Wheat, Mayor ATTEST: Kelly Edwas, Town Secretary Tom Brymer, o Manager APPROV T AL FORM: OF WEST F... = L. anton Lowr<T6Attorney x w Ord 782 Page 15 of 15 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 337635651 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/29/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2016 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33763565 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 4/28/2016 4/29/2016 I3escription �Ic afi c „C©l Depth! Linage NU Rate Amount TOWN OF WESTLAKE ORDINANCE NO. I3580 1 32 32 LINE $6.14 $392.84 TOW PF E iLAKI ; Misc Fee IIN NANCE Nth. F1 $10.00 AN F1itDINANCE OF.THE, TAS COUNCIL OF THE ,TOWN OF WESTLAKE TEXAS; ("TOWN") APPROVING AND AMENDING CHAPTER 14"ANIMALS".OF THE 'CODE OF bRPRO- VIDING AORDEFINITIONS, NUM- Net Amount: $402.84 BER OFANIMALS, CARING FOR ANIMALS; SANITATION, PROHI- SITION ON INJURING ANIMALS; ANIMALS ATiLARGE;UNLAWFUL Huta RESTi AiT` eMRMINATION ;;:R�Pte` DEBORAH JEAN BAYLOR AND 090C9bURE,FDR DANGER Notary Public,State of Texas OUS DOG;ADOPTING A AVINttS o o AUS PRO D*GA NENAL`rY, :��. = My Commission Expires DETER ININ THAT TI�IIS ORDI- "'' ':� October 29, 2019 County of Tarrant MANCE i AS I0ASSED IN AC00W %,,;�` ": DANCE WITH THS REQUIREMENT$ OF THE TEXAS'OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND PROVIDING A SEW Before me,a Notary Pa ERABILITY CLAUSE. SECTION 4:;tate this da ersonaff app B eared Chris Hoffaruf Bids&Le afCoordinator Any person violating any of the ' y p y for the Star-Te(z ram, rovlsions of-oris ordinance shall g I e deemed guilty of a misdemeanor Inc.at Fort`Worth,in Tarrant County,Texas:and who a ter bei duly sworn, and upon conviction thereof shall f y did de ose andsay that be,fined a sum not to exceed the p y maximum amount allowed b law. ement was pu PASSED AND APPROVED oN blished in the above named paper on the Crsted dates: THIS BIDS e,LECJALS DE. €h4OAY til`APRIL 2010i_ :BED AND SWORNTO BEFO E ME, .. �.,F , =,e.�-c THIS DAY OF May a h b 2016 Signed NOTARYPUBLIC - � . �Y�l \y✓ Thank You For Your Payment Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 337635651 Invoice Amount: $402.84 PO Number: Amount Enclosed: $