ORDINANCE NO

DRAFT – Proposed Changes to Chapter 4 – Animals of the City of Plano Code of Ordinances

ORDINANCE NO.______________________

AN ORDINANCE OF THE CITY OF PLANO, TEXAS, REPEALING

NOS. 94-12-16, 96-8-7, 99-8-11 CODIFIED AS CHAPTER 4, ANIMAL RE

CODE OF ORDINANCES OF THE CITY OF PLANO AND ADOP

CHAPTER 4, ANIMAL REGULATIONS, CODE OF ORDINANCES OF T

PLANO INCORPORATING UPDATES TO STATE LAW AND ADDING

REGULATING: STERILIZATION; MULTIPLE PETS; PET IDEN

THROUGH MICROCHIPS; CERTAIN BUSINESSES WHICH DE

ORDINANCE

GULATIONS,

TING A NEW

HE CITY OF

PROVISIONS

TIFICATION

AL WITH ANIMALS;

AND, THE USE OF TETHERS; PROVIDING A REPEALER CLAUSE, A

GS CLAUSE;

FFECTIVE DATE; AND PROVIDING FOR PUBLICATION.

e regulation and

on of animals; and

atistics there are

of wild animals of varying species living in

Pla

WHEREAS als

WHEREAS, many pets that become strays lose their tags and animals are abandoned

wit and

d to facilitate (1)

identification of

persons who abandon animals ; and

ates that nearly 70% of dogs involved

in attacks on hum

t or abandoned - that

have not been sterilized contribute substantially to the stray animal population; and

WHEREAS, sterilization for animals will decrease the stray and unwanted animal

population and will decrease aggressive behavior in dogs and cats; and

WHEREAS, the Centers for Disease Control, the United States Department of

Agriculture, and the American Veterinary Medical Association have all determined that chaining

or tethering is inhumane and creates dogs who are at a significantly greater risk to bite; and

WHEREAS, regulating the use of tethers will decrease the instances of inhumane

SEVERABILITY CLAUSE; A PENALTY CLAUSE; A SAVIN

PROVIDING AN E

WHEREAS, there have been amendments to state laws regarding th

protecti

WHEREAS, according to American Veterinary Medical Association st

more than 150,000 domestic animals and thousands

no; and

, there has been a 26% increase in the last year in the number of anim

impounded by the Plano Animal Services; and

hout tags, making identification of the pet impossible in some circumstances;

WHEREAS, micro chips placed under the skin of the pet are easily rea

identification of the pet; (2) the reunion of the pet with its owner, and; (3) the

WHEREAS, the Centers for Disease Control estim

ans are not sterilized;

WHEREAS, animals - either strays or pets that have become los

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treatment and injury to dogs and thereby decrease the chances of aggressive behavior by dogs;

WHEREAS, nearly 600 people are injured in Plano by animal bites and scratches each

yea

WHEREAS, the state of Texas has the highest rate of animal rabies in the country, with

969 osed in Plano in

ihood of persons

rs to expand the

doned and stray animals;

and

cal governments

nationwide spend more than $2 billion annually, to provide animal control services; and

ot designed to

large numbers of animals can create a health hazard as well as produce odors and

noi

WHEREAS, regulating the number of animals that may be housed at a particular

sues for persons

HEREAS, the health and safety of animals and residents of the City is of great

importance to the City; and

iew of all things considered, including the recommendations of

staf C lth and safety of

ions of the Code

s of the Code of

ances.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF PLANO, TEXAS THAT:

Section I.

and

r; and

cases diagnosed in 2007, and four cases of rabies in animals were diagn

2008; and

WHEREAS, with the increased animal population there is greater likel

coming into contact with dangerous, rabid or stray animals; and

WHEREAS, the City is having to spend more than one million dolla

animal shelter since it is working above or near capacity to care for aban

WHEREAS, the City spends more than $1.5 million each year, and lo

WHEREAS, keeping a large number of animals in a location n

accommodate

se that may create a nuisance for others in the area; and

location will enhance the health of the animals and decrease the nuisance is

living nearby; and

WHEREAS, upon rev

f, the City ouncil of the City of Plano deems it in the best interest of the hea

the citizens of the City of Plano to repeal the current Chapter 4, Animal Regulat

of Ordinances and to replace it by adopting a new Chapter 4, Animal Regulation

Ordin

The City Council hereby repeals in its entirety Ordinance Nos. 94-12-16,

96-8-7, 99-8-11 currently codified as Chapter 4 Animal Regulations, of the City of Plano Code

of Ordinances, and adopts this new Chapter 4, Animal Regulations to read in its entirety as

follows:

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4 – ANIMALS

AR S AND ENFORCEMENT

Th gs when used in

with one (1) or more of the

ne ter, sanitary conditions, or

protection from or twenty-four (24) or more

der.

means any permanent facility or business that has custody

ed to, pet shops,

de veterinary or

gencies, wildlife

nt, exhibition or

ses, pony rides,

shall not include

sponsored by the Animal Services

Di s or less.

r animal fighting

to, instruments designed to be attached to the

leg of a bird, such as a knife,

Animal Housing Enclosures means any pen, kennel, dog-run, or other enclosure

op and designed to

segregate an animal to a smaller portion of a fenced-in yard or property. This term does

not include the term shelter as defined in this section.

Animal Services Facility means an establishment operated by the City for the

temporary confinement, safekeeping, and control of animals which come into the custody

of the City of Plano.

Animal Services Officer means a person designated by the City to represent and

“CHAPTER

TICLE I. DEFINITION

Section 4-100. Definitions.

e following words, terms and phrases shall have the following meanin

this chapter:

Abandon means to fail to provide any animal

cessities of life including air, adequate food, potable wa

the heat, cold, or other elements of nature f

hours, or to leave in the custody of another person without their consent.

Adult animal means an animal that is four (4) months of age or ol

Animal Establishment

or control of animals within the City of Plano including, but not limit

boarding kennels, or animal auction facilities. This term does not inclu

medical facilities, research or other facilities licensed by government a

educational center, or zoological park.

Animal Exhibition means any temporary spectacle, display, eve

act featuring performing animals including, but not limited to, circu

animal exhibits, weight pull events, and petting zoos. Such exhibitions

resident or non-resident dog and cat shows which are

vision. For this definition, temporary shall mean lasting seven (7) day

Animal Fighting Paraphernalia means equipment that is used fo

purposes which includes, but is not limited

gaff, or other sharp instrument, or items used to train and

condition animals to fight, such as hanging devices or “bite sticks.”

en to the elements contained within the owner’s property limits

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act for the City in the impounding of animals, controlling of animals runn

enforcing the provisions

ing at large, and

of this chapter and all regulations relating to animals as

specially equipped or trained by a

ing criteria:

r by substantial

nd/or manner of

ises of the

lic area.

trained by some

ngth of not more

an six (6) feet.

-designated dog

irements of this

ordinance. This definition does not apply to an indigenous wild or feral

eans any facility where animals are regularly bought, sold, or traded to

th imals by private

feet, nails, coat,

Business day means a day during which the City of Plano Animal Shelter is open

fo City personnel.

injury means an injury characterized by bite or scratch wounds. This term

includes any type of injury that would cause a reasonably prudent person to seek

treatment from a medical professional or veterinarian without regard to whether the

Cat means a domesticated member of the feline family (Felis domesticus) other

than a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited feline, or

any hybrid thereof.

City means the City of Plano.

City Enforcement Agent means the City of Plano Health Director, his authorized

authorized by state or federal law.

Assistance animal means any animal

recognized organization to assist a person with a disability who has satisfactorily

completed a specific course of training in the use of the animal.

At large means an animal that meets at least one (1) of the follow

 Any animal not confined to the premises of the owne

physical means of restraint of sufficient height, strength, a

construction to preclude the animal from leaving the prem

owner or being able to come within six (6) feet of any pub

 Any animal which is not physically and continually res

person by means of a tether of proper strength and of a le

 This definition does not apply to an animal in any City

park so long as it is in compliance with all other requ

animal.

Auction m

e highest bidder. This definition does not apply to individual sales of an

owners.

Basic Grooming means maintaining the eyes, ears, beaks, hooves,

and skin of an animal.

r business and the lobby area is accessible to the public and staffed with

Bodily

rson actually sought the treatment.

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representatives, any Animal Services Officer or law enforcement officer that is employed

and/or transfers

ers, clutches, or

reater) of any breeding animal during any

tw ose of breeding,

ilty; a finding of

ted means an animal that is considered to have a current anti-

rabies vaccination according to the Texas State Rabies Control Act, as amended, and the

aking board.

uman being that

ccurs in a place

enclosure on its

 An animal that is at large and makes an unprovoked attack on a domestic

jury to, or the death of, the attacked

animal; or

k on a domestic

mal has already

made at least one unprovoked attack on a previous occasion.

Department means the City of Plano Health Department.

on may exercise

physical control over the animal in the event it should become necessary to do so to

Division means the City of Plano Animal Services Division of the Health

Department.

Dog means a domesticated member of the canine family (Canis familiaris), other

than a wolf, jackal, fox, dingo, coyote, or other prohibited canine, or any hybrid thereof.

Domestic Animal means any animal that may be kept as a pet or as livestock

within the City of Plano so long as all of the required provisions of this chapter are met,

the City of Plano.

Commercial Breeder means any owner who breeds animals

ownership of more than twelve (12) animals or more than two (2) litt

other groups of offspring (whichever is g

elve (12) consecutive month period to another person for the purp

show, personal pet, slaughter, or resale to a third person.

Conviction means: a finding of guilty after a trial; a plea of gu

deferred adjudication or disposition; or a plea of no contest.

Currently vaccina

minimum standards established by the appropriate state agency or rule-m

Dangerous animal means:

 An animal that commits an unprovoked attack on a h

causes bodily injury, serious bodily injury, or death and o

other than an enclosure in which the animal was being kept and that was

reasonably certain to prevent the animal from leaving the

own;

animal that causes serious bodily in

 An animal that is at large and makes an unprovoked attac

animal that causes bodily injury and the attacking ani

Direct physical control means precautions in place so the pers

otect the animal, a human, or another animal from harm.

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ownership of said animal is not prohibited by any international, federal, l

an i

ocal or state law,

t is not a Wild Animal, as defined herein, including but not limited to the following

cally reach total

ept for falconry

mals – Any mammal commonly kept as pets or livestock including,

sters,

, cows, alpacas,

unbranded livestock, fowl, exotic livestock, or

ent in many female

Euthanasia means the termination of a domestic animal by a person using

Feral Animal means any un-owned, untamed animal living in the wild that will

no ered a domestic

al.

Department and

his authorized designees.

Humane trap means any trap designed to capture an animal without injuring the

thod, such as microchipping, registration

tag, or tattoo, which can be used to readily trace the current ownership of an animal.

Impound means the placing of an animal in the City’s Animal Services Facility.

Inhumane Treatment of Animals means any treatment of an animal prohibited by

any provision of this chapter.

Intact means any animal that has not been sterilized.

Kennel means any lot, building, structure, enclosure, or premises where five (5) or

iman als:

 Reptiles – Any non-venomous reptile that does not typi

lengths greater than eight (8) feet;

 Birds – Any birds commonly kept as pets, or any bird k

purposes by a state and federally permitted falconer;

 Fish – Any fish commonly kept as pets; or

 Mam

but not limited to, dogs, cats, ferrets, rabbits, guinea pigs, ham

hedgehogs, rats, mice, chinchillas, sugar gliders, horses

and llamas.

Estray means any branded or

exotic fowl found running at large.

Estrus means a regular period of reproductive excitem

mammals, during which the animal seeks to mate.

ethods authorized by state law.

t voluntarily accept handling by humans despite usually being consid

anim

Health Director means the Director of the City of Plano Health

animal.

Identification means any acceptable me

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more adult animals are kept and wherein any person engages in the business of boarding,

or other animals.

ses, consisting of

onsisting of all

bovine species; sheep, consisting of all ovine sp

l swine species.

Local Rabies Control Authority (LRCA) means the person designated by the

go Safety Code, as

means any bite, scratch, or other injury to a

n and/or causes

from the animal

into an

animal by means of a hypodermic-type syringe device. Each microchip shall contain a

e for purposes of

hip implant shall

eans of notifying

operating frequency that is

able to detect a microchip that has been implanted in an animal, and displays the number

pe that activates

rs.

requested), or a

ored.

nd notification, unless otherwise defined in this chapter, a requirement to

otification shall

Offer to Transfer Ownership means to offer to convey ownership rights, in

person, electronically, or by any other means, of an animal from one person to another by

any means including, but not limited to, auctioning, selling, giving away, delivering,

trading, or bartering.

Owner means any person, partnership, corporation, association or legal entity that

harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any

animal. The occupant, owner or head of household of any premises where an animal

breeding, buying, letting for hire, training for a fee, or selling dogs, cats,

Livestock means or includes, regardless of age, sex, or breed: hor

all equine species including mules, donkeys, and jackasses; cattle, c

ecies; llamas or alpacas; goats, consisting

of all caprine species; rabbits; chickens; and pigs or hogs, consisting of al

verning body of a municipality to enforce the Texas Health and

amended.

Local Rabies Control Incident (LRCI)

person caused by a warm-blooded animal that breaks the victim’s ski

them to bleed and could therefore allow the rabies virus to be transmitted

to the person.

Microchip Implant means a passive electronic device that is injected

unique and original number that is read by an electronic scanning devic

animal identification and recovery by the animal’s owners. The microc

be supplied with an exterior collar-type tag for purposes of an external m

others that the animal has been implanted with a microchip.

Microchip Reader means an electronic scanner with an

of the microchip to its operator. The microchip reader shall be of a ty

and displays the number of a microchip manufactured by multiple vendo

Notice means by personal service, certified mail (return receipt

written notice left at the entrance to the premise where the animal is harb

Notify a

notify the Division means to contact the Division at (972) 769-4360. N

be made immediately, but only as soon as can be done so safely.

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remains for seventy-two (72) hours or more shall be rebuttably presumed

of the animal, unless the animal has been reported to the Division as a s

occupant of any premises on which a dog or cat remains or customarily

owner for purposes of this chapter. If a person under the age of seve

owns an animal the parent, legal guardian, or the head of the househ

owner for purposes of this chapter. There ma

to be the owner

tray animal. An

returns to is an

nteen (17) years

old shall be the

y be more than one person responsible for

an ossession of the

owner to act on

3 of the Code of

ic grooming for

purposes of this

ides basic grooming is not a pet grooming facility.

Plano, or other

rcement agency, specifically trained or equipped to assist

use of any horse, pony, mule, donkey, or burro to provide

rides to, or to pull wagons containing, individuals other than the animals’ owners,

ip of an animal,

e owner that occurs on the

property of either the seller or buyer.

other animals in

pliance with all stipulations of a home

trol Authority. The quarantine period

for a dog, cat, or a domestic ferret for rabies observation is 240 hours from the date and

rule.

Releasing Agency means any public or private animal pound, shelter, or humane

organization. The term does not include an individual who occasionally renders humane

assistance or shelter in the individual’s home to a dog or cat.

Restrain means to control an animal by physical means.

Secure Enclosure means an animal housing enclosure that is located inside a

animal. This term shall include persons who are in temporary p

animal, including but not limited to pet sitters and trainers.

Owner’s Agent means a person who has been authorized by the

his behalf.

Person shall have the meaning assigned in chapter 1, section 1-

Ordinances. The term person shall include the term owner.

Pet Grooming Facility means an establishment that provides bas

domestic animals but does not routinely board animals for a fee. For the

chapter, a veterinary clinic that prov

Police Service Animal means an animal owned by the City of

governmental law enfo

rsonnel in a law enforcement capacity.

Pony Ride means the

whether gratuitously or for a fee.

Private Animal Sale means the individual transfer of ownersh

other than a wild animal, by a private owner to another privat

Quarantine means to confine and isolate from human beings and

a state-approved quarantine facility or in com

quarantine when allowed by the Local Rabies Con

time of the bite, scratch or other exposure, or as specified by state law or

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separate fenced area. The enclosure must be equipped with a lock and

entry of the general public, including children. It must prevent the escap

animal. It shall be clearly marked as containing a quarantined/dangerous

have an attached roof. It must have a concrete floor or have the sides bur

two (2) feet into the ground to prevent the animal from digging out. It m

minimum of five (5) feet from any fence

must prevent the

e or release of an

animal. It must

ied not less than

ust be located a

line that abuts adjacent property or a public

ar and provided in

Serious bodily injury means bodily injury that creates a substantial risk of death or

r impairment of

tructure that is capable of providing cover and protection from

the weather. At minimum, a shelter must have three sides, a top, a bottom and be

must be large enough so that the

an prevent the loss

Sterilized means an animal rendered incapable of reproduction.

uld uphold the

d by evidence on which the administrative

Tether means any leash, chain, cord, rope, or other means of restraining an animal

a fixed point so

animal from one

) month period

iction, or plea of

Unprovoked means that the animal was not hit, kicked, pulled, struck, pinched, or

squeezed by a person with an object or part of the person’s body, or otherwise teased or

tormented in any manner.

Vaccination means the inoculation of an animal with an anti-rabies vaccine that is

licensed by the United States Department of Agriculture for use in that species and which

is administered in accordance with the label’s directions and all state laws for the purpose

of immunizing the animal against rabies.

ea. It must conform with any additional requirements as established

writing to the owner by the Animal Services Division.

that causes death, serious permanent disfigurement, or protracted loss o

the function of any bodily member or organ.

Shelter means a s

adequately ventilated. It must have bedding material. It

imal can enter, stand, turn around, and lie down, but small enough to

of body heat during cold weather.

Substantial Evidence Rule means the reviewing court sho

administrative body’s ruling if it is supporte

body could reasonably base its decision.

or the act of chaining, tying, fastening or otherwise securing an animal to

that it can move or range only within certain limits.

Transfer Ownership means to convey ownership rights of an

person to another by any means.

Twelve (12) Consecutive Month Period means the twelve (12

immediately preceding the date of the most recent impoundment, conv

guilty or no contest.

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Veterinary Hospital means any establishment maintained and

licensed veterinarian for surg

operated by a

ery, diagnosis and treatment of diseases and injuries of

ated, regardless

ild state which,

tural

characteristic(s), would constitute a danger to human life, property or domestic animals,

ral, or state law

ny reptile that

nd iguanas;

ougars, bobcats,

llos, kangaroos,

artins,

s, bats, foxes, skunks, cheetahs,

servals, caracals, hyenas, squirrels, wild rabbits, or non-human primates;

ny animal which

he Texas Rabies

Control Act;

t all of the state

and display wild or domestic animals for educational

Wildlife Rehabilitator means a person holding all current state and/or federal

ati e wild animal species in their possession

l habitat in

Zoological Park means a government-operated facility displaying or exhibiting

one or more species of non-domesticated animals.

Section 4-101. Enforcement, seizures and penalties.

(a) The Health Director shall be responsible for the enforcement of this

chapter unless otherwise provided by law or this chapter.

animals.

Wild Animal means any animal not normally considered domestic

of the state or duration of captivity, that can typically be found in a w

because of its size, vicious nature, potential disease threat, or other na

or any animal that is restricted from ownership by any international, fede

i c u i g, but not limited to, the following animals: n l d n

 Reptiles: venomous reptiles, crocodiles, alligators, a

typically reaches a total length greater than eight (8) feet, a

 Birds: emus, ostriches, or rheas;

 Mammals: ocelots, lions, tigers, jaguars, leopards, c

wolves, dingoes, coyotes, jackals, elephants, armadi

wallabies, wallaroos, oppossums, beavers, porcupines, weasels, m

minks, badgers, pandas, bears, raccoon

 Any species illegal to own under federal or state law, or a

is, or may be hereafter, listed as a “high risk” animal in t

 Any hybrid of any animal classified as a Wild Animal.

Wildlife Educational Center means an organization that has me

and federal requirements to possess

purposes.

permits needed to temporarily house the n v

with the goal of rehabilitating the animal(s) and releasing it back into its natura

accordance with all state and/or federal laws.

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( tation and upon

isdemeanor

and punished as provided in section 1-4(b) of the Code of Ordinances of

( separate animal

arate offense.

( requirement of a

( t or order from a

competent jurisdiction to enforce this chapter.

(f) and impound an

warrant or court order under the following conditions:

cause to believe

ates a nuisance as described in section 4-300(a) (2)

d inhumanely as

cause to believe

;

When the City Enforcement Agent has probable cause to believe

servation under

d in this chapter;

(5) When the City Enforcement Agent has probable cause to believe

the animal meets the definition of a Dangerous Animal as defined

in this chapter;

(6) When the City Enforcement Agent has probable cause to believe

that the animal has been involved in a LRCI.

b) Any person violating this chapter may be issued a ci

conviction thereof, the person shall be deemed guilty of a m

the City of Plano.

c) Each twenty four (24) hour period of violation, and each

or condition in violation of this chapter, shall constitute a sep

d) For the purpose of proving violations of this chapter the

culpable mental state is expressly waived

e) City Enforcement Agents are authorized to seek a warran

court of

City Enforcement Agents shall have the power to seize

animal with a

(1) When the City Enforcement Agent has probable

the animal cre

of this chapter;

(2) When the City Enforcement Agent has probable cause to believ

the animal has been abandoned or is being treate

described in this chapter;

(3) When the City Enforcement Agent has probable

the animal has rabies or has been exposed to rabies

(4)

the animal is not being quarantined for rabies ob

appropriate conditions as define

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g) City Enforcement Agents shall have the power to seize

al without a warrant or court order, with probabl

( and impound an

e cause as set forth in

lowing conditions:

perty, in all cases;

(2)

is obtained; or

Agent reasonably believes there is

or death to the

and there is

e to obtain a warrant.

is not available

pt responsibility

( rs from the time

he disposition of

ter. If no hearing is requested the

imal shall be returned to its owner upon request from the owner.

( necessary force,

, to make lawful

Section

r shall act as the Local Rabies Control Authority for the

f the Health Director position is vacant, then the Animal Services

n ol Authority.

(b) Any City Enforcement Agent shall have the authority to issue citations for

any violation of this chapter and any other power or duty stated within the

terms of this chapter.

Section 4-103. City exempt.

City facilities and operations are exempt from the requirements of this chapter.

anim

4-101(f) (1-6), under the fol

(1) On public pro

On private property, if:

a. The consent of the resident or property owner

b. The City Enforcement

imminent danger of serious bodily injury

public, other animals, or the animal in question

insufficient tim

(3) Upon the request of a peace officer if the owner

and there is no one 18 years of age or older to acce

for the animal.

h) A City Enforcement Agent shall have forty-eight (48) hou

of the animal’s seizure to request a hearing to determine t

the animal in accordance with this chap

i) The City Enforcement Agent is authorized to use

including but not limited to breaking a vehicle’s window

seizures of animals pursuant to this chapter.

4-102. Duties.

(a) The Health Directo

City. I

Manager, or his designee, shall be the Local Rabies Co tr

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ordinance of the

ions; dangerous

als;

mals; implanting microchips in animals;

d animals; local

uthority incidents; livestock capture.

his designee shall have the authority to reduce or waive

ARTICL .

Sec. 4-2 In

(a) A person commits an offense if, either through his action or omission, he:

mal over five (5)

age, unless he is

ractice veterinary medicine in the State of Texas;

(2) Transfers ownership or otherwise physically removes from its

6) weeks old, or

eaned, except as advised by a

er ownership of

f at the Animal

any other business, on public property, or with

any other person that has not agreed to be responsible for the care

of the pet;

(6) Fails to reclaim any animal that he owns from the person who had

temporary possession of the animal;

(7) Fails to notify the Division when any motor vehicle that he is in

control of strikes an animal;

ction 4-104. Fees.

All fees for this chapter shall be reviewed, set and adopted by an

city council on a regular basis. The following is not intended to be an exhaustive

listing of fees. Fees shall be assessed for: annual registrat

animals; lost registration tag; permits for animal businesses; impounded anim

boarding of animals; sterilization of ani

adoption of animals; vaccination of animals; disposal of decease

rabies control a

The Health Director or

fees under this chapter.

E II TREATMENT OF ANIMALS

00. humane treatment of animals.

(1) Docks the tail or removes the dew claws of an ani

days of age, or crops the ears of an animal of any

licensed to p

mother any dog, cat, ferret, or rabbit less than six (

any other animal that is not yet w

licensed veterinarian;

(3) Dyes or otherwise artificially colors any animal;

(4) Displays, transfers ownership, or offers to transf

any dyed or otherwise artificially colored animal;

(5) Abandons any animal that they have possession o

Services Facility,

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(8) Euthanizes his own animal in a manner other than one defined in

cle or conveyance and

animal

vehicle;

l to be placed or

r under conditions which may

f food

may cause bodily

;

imal to remain in its own filth;

, fleas, or other

rinarian or with

appropriate commercially available treatments;

bvious illness, or injury, or any

human without

e infestation or

ess;

er animal; is in

alia or training

r his care with

(17) Transfers ownership or offers to transfer ownership of any

chickens, ducklings, or rabbits younger than sixteen (16) weeks of

age in quantities of less than twelve (12) to a single purchaser;

(18) Mutilates any dead animal for reasons other than food preparation

or taxidermy. Dissection in compliance with medical or veterinary

research, medical or veterinary necropsy, and bona fide

educational use of dead animals shall not be considered mutilation;

this chapter;

(9) Carries or transports an animal in any vehi

fails to effectively restrain the animal so as to prevent the

from leaving or being accidentally thrown from the

(10) Places or confines an animal, or allows the anima

confined, in a motor vehicle or traile

endanger the health of the animal due to temperature, lack o

or water, or under other circumstances which

injury, serious bodily injury or death of the animal

(11) Causes, allows, or permits any an

(12) Owns any animal having an infestation of ticks

parasites which has not been treated by a vete

(13) Owns any animal having any o

communicable illness transmittable to animal or

having followed a proper treatment regimen for th

illn

(14) Fails to provide basic grooming for any animal;

(15) Causes, allows, or trains any animal to fight anoth

possession of any animal fighting paraphern

equipment;

(16) Fails to provide, at all times, any animal unde

adequate wholesome food, potable water, and shelte

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(19) Attaches a collar or harness to an animal that is

size so

of an inadequate

that it restricts the animal’s growth or causes damage to the

al and

ments;

er ownership of

tle with a carapace of less than four inches in length;

ressive reaction

( ed and the City

or a hearing to

nd to determine

al. The petition shall be filed within 48 hours

hour period the

urt is open for business. If a

al shall be returned to the owner

( l activities and

Section

( ity, whether on

e trap, or who

ible for checking

animal while it is in the trap, and the notification to

checked at least

ritten permission

from the Division. It shall be the responsibility of the person setting the

trap to properly label the trap indicating the owner and the date permission

was obtained from the Division.

(b) All captured domesticated animals shall be turned over to the Division,

unless the animal is captured as part of a feral animal neutering program

that has obtained written permission from the Health Director to place

traps within the City. All captured wild animals shall be turned over to the

animal’s skin;

(20) Attaches a tether that is not appropriately sized for the anim

so heavy as to restrict or burden the animal’s move

(21) Displays, transfers ownership or offers to transf

any tur

(22) Teases or taunts any animal and provokes an agg

from an animal.

d) Animals seized pursuant to this section may be impound

Enforcement Agent may petition the municipal court f

determine whether the animal was inhumanely treated a

the disposition of the anim

of the seizure. If the court is not open during this 48

petition shall be filed the next day the co

hearing is not requested then the anim

upon request of the owner.

e) This section shall not be interpreted to restrict the lega

legitimate operations of rodeos, 4H Clubs, or FFA Clubs.

4-201. Placement and baiting of animal traps and poison.

a) Humane traps shall be used to trap animals within the C

public or private property. The person who places th

requests its placement by the Division, shall be respons

the trap, the care of the

the Division of any captured animal. All traps shall be

daily.

No traps shall be placed upon public property without w

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Division, a Wildlife Educational Center, or state licensed Wildlife

ilitator as soon as possible.

(

g or placing and

ing of any steel jawed trap (commonly known as a "bear trap",

"wolf trap", “leg hold trap”, or "coyote trap"), any body hold trap

er trap designed

(2) Places any substance, article, or bait that has in any manner been

including anti-

an beings, birds,

harm animals;

lacing or placing

pping animals in any

rporate

ission by the

pply to a City

ritten permission

property;

with a trap or

the Division.

( mination of rats,

rmin, or any animal deemed a nuisance by state law,

other commercially available means

n that person’s residence, property, accessory structure, or

manufacturer’s

aken to ensure that no

human, pet, or wild animal, other than the targeted species, comes into

contact with the traps, poisons, or other means and that does not violate

any other section of this chapter.

Section 4-202. Tethering animals.

(a) A person commits an offense if he tethers an animal to a stationary object

for any length of time except as allowed by subsections (b) and (c).

Rehab

c) Offenses:

A person commits an offense if he:

(1) Places, or places and baits, or permits the placin

bait

(commonly known as “connibear trap”), or any oth

to be lethal;

treated with any poisonous or toxic substance,

freeze, or any drug in any place accessible to hum

dogs, cats or other animals with the intent to kill or

(3) Places, or places and baits a trap or permits the p

and baiting of any trap designed for tra

highway, street, alley or other public place within the co

limits of the City unless specific written perm

Division has been granted. This subsection shall not a

Enforcement Agent or an agency working with w

from the Division from placing the traps on public

(4) Removes, alters, damages, or otherwise tampers

equipment belonging to or set out at the request of

d) This section shall not be interpreted to restrict the exter

mice, insects, other ve

through the use of traps, poisons, or

when used i

commercial establishment and in accordance with the

directions as long as reasonable precautions are t

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( event, veterinary

or when needed

r animal shall be allowed

(2) The tether is attached to a properly fitting collar or harness and is

or prong-type

e used;

t or injury; and

side the person’s

perty if tethered

( a line that is strung between

enty (20) feet apart with a down line

gth is allowed as long as the requirements

d behind a fence

general public,

Section

( quately sized for

ed in a sanitary

are not allowed to breed and odors

pliance with

d the following

must be at least

twenty (20) feet from any adjacent building, excluding any

building owned by the owner of the animals;

(2) Enclosures housing five (5) or more animals must be at least fifty

(50) feet from any adjacent building, excluding any building

owned by the owner of the animals;

(3) Enclosures used as an area for a dog to regularly eat, sleep, drink,

b) Restraint on the owner’s property or for a lawful animal

treatment, grooming, training, law enforcement activity,

to protect the safety or welfare of a person o

provided that all of the following conditions are met:

(1) The animal’s owner maintains continuous, direct physical control

of the animal throughout the period of restraint;

not wrapped around the animal’s neck. Choke

collars shall not b

(3) The tether is designed and placed in a manner to prevent

entanglemen

(4) The tether does not allow the animal to move out

property or come within ten (10) feet of public pro

outside a fenced area.

c) A “skyline” type aerial trolley consisting of

two fixed points that are at least tw

that is at least five (5) feet in len

of Section 4-202(b)(2-4) are met and the animal is enclose

of adequate size and strength capable of preventing the

including children, or other animals from entering the area

4-203. Animal housing enclosure requirements.

a) All animal housing enclosures must be securely built, ade

the kind, size, and number of animals housed, maintain

condition so that flies or mosquitoes

are not offensive to adjacent residences or businesses, in com

all other requirements of this chapter, City zoning laws, an

minimum standards:

(1) Enclosures housing fewer than five (5) animals

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and/or eliminate must have at least one hundred (

100) square feet

space for each dog six months of age or older that is housed

so that the animals being housed are

/or bites

( an enclosure or

riteria set forth in this section.

animal enclosures shall meet the requirements of a secure

sure as set out in this chapter.

ARTICL I.

Section 4-300. Nuisances.

(a) of an animal and

of the following

ner’s property, or that carries

over to an adjacent property, that renders the ground, the water, the

r animal life or

to the senses or that is detrimental to the

(2) The animal to be at large as defined by this chapter;

eeding of flies,

(4) Breeding or causing to be bred any animal within the public view;

(5) Allowing any female animal in estrus to be on any public property,

or any private property not owned by the animal’s owner except to

transport said animal to a veterinarian for treatment or to a planned

breeding in compliance with all other provisions of this chapter.

there; and

(4) Enclosures shall be located

protected from inclement weather, harassment, stings and

from insects, and attacks by other animals.

b) A person commits an offense if he fails to provide

enclosures meeting the c

enclo

E II PUBLIC NUISANCES

A person commits an offense if the person is an owner

the person permits, or by insufficient control allows, any

to occur:

(1) Creation of any condition on the ow

air or the food hazardous or injurious to human o

health or that is offensive

public health;

(3) Creation of a condition conducive to the br

mosquitoes, ticks, fleas, or other pests;

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b) A person commits an offense if the person is the owner of an anim

the person f

( al and

ails to immediately remove and dispose of any excreta the

( ner of an animal and

can be used to

( ns 4-300 (b) and

the owner of the

ime it defecated;

the presence of

or was otherwise

(3) The owner of the property or person in control of the property had

e property; or

enforcement activities.

( on 4-300(a)(2, 4

due to forces of

ing at the animal

owner's residence.

(f) 0(a) (2) in any

ity Enforcement Agent may

determine if the animal is

a continuing public nuisance. After the hearing, a municipal court judge

(1) Disposition of the animal as provided in Article IV of this chapter,

except that the animal may not be returned to the location where

the animal resided at the time of the nuisance action;

(2) Exclusion from the City limits of Plano of the animal; or

(3) Return of the animal to the owner.

animal produces.

c) A person commits an offense if the person is the ow

fails to visibly have in his possession materials that

immediately remove and dispose of any excreta the animal produces.

d) It is an affirmative defense to prosecution under subsectio

(1) The property was owned, leased, or controlled by

animal at the t

(2) The animal was an assistance animal and was in

that disabled person at the time it defecated

present on the property;

given prior consent for the animal to defecate on th

(4) The animal is a police canine being used in official law

e) It is an affirmative defense to prosecution under subsecti

and 5) if the owner can show that, the animal was at large

nature, fire, or the acts of a third party who was not resid

After the third conviction for violating subsection 4-30

twelve (12) consecutive month period, a C

petition a municipal court judge for a hearing to

may order the:

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( mply with the

order within forty-eight (48) hours or within the time specified in the court

( oved from the City of Plano, the owner shall

seventy-two

AR MPOUNDMENT, REDEMPTION AND DISPOSITION OF ANIMALS

Section 4-400. Impoundment.

(a)

ies: The City Enforcement Agent shall impound and

al that exhibits

antine shall be

Enforcement Agent shall impound an

he owner of the

when the owner is being lawfully evicted from his premises and

ge or older who

ay impound an

ngerous animal: The City Enforcement Agent shall follow the

als set forth in

Inhumane treatment: The City Enforcement Agent may impound

an animal if the City Enforcement Agent has probable cause to

believe the animal has been inhumanely treated as defined by this

chapter; or

(6) LRCI: The City Enforcement Agent may impound and quarantine

an animal the Agent has probable cause to believe has been

involved in a LRCI.

g) After an order in subsection (f) is issued, the owner shall co

order.

h) If the animal is to be rem

provide the address to the Health Director in writing within

(72) hours of the order being issued.

TICLE IV. I

Impoundment:

(1) Rab

quarantine any animal that he has probable cause to believe was

exposed to or infected with rabies. Any anim

symptoms of the rabies disease during quar

euthanized;

(2) Owner’s absence: The City

animal at the request of a peace officer when t

animal has been arrested, hospitalized, is missing, has died, or

there is no person present eighteen (18) years of a

will assume responsibility for the animal;

(3) Animal at large: The City Enforcement Agent m

animal found to be at large;

(4) Da

procedures for impoundment of dangerous anim

Article IX of this chapter;

(5)

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Section 4-401. Redemption of impounded animals.

In order for a person to redeem

an impounded animal he must meet the following

( f animals:

ent proof of an

e either a rabies

ation certificate issued by a licensed veterinarian or

current rabies

ho administered

a current

fee to have a

to the release of the animal.

e time of the

business days to

current rabies

rian, the rabies

t be given within the seven (7)

ss day period, the owner must provide a signed

statement from the veterinarian stating why the vaccine

the vaccine may

ven. The owner shall provide written proof of the

administering of the vaccination to a City Enforcement

Agent within forty-eight (48) hours.

(2) Microchip required

The owner shall pay a fee to have a microchip implanted into the

animal prior to release.

equirements:

a) Conditions for redemption o

(1) Rabies vaccination required

a. For the purposes of this subsection, suffici

animal’s current rabies vaccination shall b

vaccin

verbal or written confirmation of a

vaccination by the licensed veterinarian w

the vaccination.

b. If the owner cannot prove that the animal has

rabies vaccination, the owner shall pay a

rabies vaccination given prior

c. If a vaccination cannot be given at th

redemption the owner shall have seven (7)

provide written proof of obtaining a

vaccination to the City Enforcement Agent

d. If, in the opinion of a licensed veterina

vaccination should no

busine

should be temporarily delayed and when

be gi

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(3) Sterilization required

a. The owner shall submit proof of havi

sterilized within thirty (30) days of its rel

shall be a c

ng the animal

ease. The proof

ompleted sterilization certification form

that is signed by

an provide proof

imal has a current City license and rabies

ochip or visible

wing conditions

as registered with a national registry

og, working dog

club, local breed club, local all-breed club, or

a professionally trained assistance

3. The animal was at large due to forces of nature, fire,

s not residing at

n shall be construed as permitting

sterilized dogs and cats to run at large.

elve (12) month

animal sterilized

be waived. The

y a sterilization fee and any other applicable

fees prior to the animal being returned.

e. Any animal that is impounded a second time in any

consecutive twelve (12) month period shall be sterilized

prior to redemption by the owner. This subsection shall not

apply if the animal was at large due to forces of nature, fire,

or the acts of a third party who was not residing at the

animal owner’s residence.

provided by the Animal Services Facility

the sterilizing veterinarian.

b. Subsection a. shall not apply if the owner c

that the an

vaccination, and was identified by micr

identification, and one or more of the follo

were met:

1. The animal w

or was a sporting dog, livestock d

and the owner was a member of a national breed

sporting or hunting club; or

2. The animal was

or police service animal; or

or the acts of a third party who wa

the animal owner’s residence.

c. Nothing in this subsectio

d. Upon the animal’s first impound in any tw

period, and the owner chooses to have his

prior to redemption, his impound fee shall

owner shall pa

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(4) Payment of fees

The owner must pay all applicable fees before the animal is

chapter may not

be redeemed and may be placed with a Wildlife Rehabilitator or

ealth Director’s

de the proof of

rabies vaccination required in section 4-401(a) (1) (c. or d.).

de the proof of

(b) This section shall not apply if the animal was impounded:

r and a

g is pending or shall be pending to determine the disposition

As a dangerous animal as defined in this chapter and a hearing is

or shall be pending to determine the disposition of the

mal;

period has not

Section 4-402. Disposition of animals.

(a)

o means of traceable identification shall

be kept for not less than three (3) business days, unless earlier

reclaimed by the owner or euthanized as allowed by this chapter.

(2) Animals with any type of traceable identification shall be kept for

not less than ten (10) business days, or not less than three (3)

business days from the time the owner is notified, whichever is the

shorter time period, unless earlier reclaimed by the owner or

euthanized as allowed by this chapter.

released

(5) Wild animals

Impounded wild animals kept in violation of this

Wildlife Educational Center or euthanized at the H

discretion.

(6) A person commits an offense if he fails to provi

(7) A person commits an offense if he fails to provi

sterilization required in section 4-401(a) (3) (a.).

(1) For being inhumanely treated as defined in this chapte

hearin

of the animal;

(2)

pending

ani

(3) For investigation of rabies and the quarantine

expired;

Time limits

(1) Impounded animals with n

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(3) An animal impounded at the request of a peace of

by section 4-400(a)(2) of this chapter shall be kep

ficer as required

t for not less than

ten (10) business days unless earlier reclaimed by the owner or the

an animal voluntarily

(5) An impoundment period is not required for any wild animal.

(b)

egistered or unregistered, which appears

to be suffering from serious bodily injury or disease and which is

ecover or which

nger to humans

entification and

feral nature poses a

tial risk of bodily injury to the safety of Division staff may

any re oundment period by any of the following methods.

(1)

a. or adoption dogs

the following

als to determine

on its health and

lth and age are adequate

for vaccination. However, an affirmative decision

shall not constitute a warranty of the health,

temperament, or age of the animal.

2. There will be an adoption fee for all dogs and cats

at an amount set by the Plano City Council. The fee

will include the cost of sterilization, vaccination,

implantation of a microchip, and licensing.

owner’s agent or euthanized as allowed by this chapter.

(4) An impoundment period is not required for

released to the Division by its owner.

Injured or diseased animals

(1) Any impounded animal, r

in great pain or suffering and probably will not r

appears to have an infectious disease which is a da

or to other animals may be euthanized.

(2) Any animal that is not displaying any type of id

which due to its extremely violent or

substan

be euthanized.

ivision may dispose of impounded animals after th

quired imp

Adoption

The Division shall be authorized to place f

or cats impounded by the City under

conditions:

1. The Division shall evaluate all anim

if it is an adoption candidate, based

temperament, and if its hea

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3. All animals adopted from the A

Facility shall be implanted with

nimal Services

a microchip,

vaccinated against rabies according to state

rinarian, there is

g the delay of

e animal must

the veterinarian

be delayed and

erformed. A

age of the animal if the animal is at least eight (8)

written proof of

forty-eight (48)

he sterilization

al has died.

he sterilization

rovide written

ntation to the Division stating that the animal is lost

or stolen and a copy of the police report, if any, of the theft.

ient, the letter shall be delivered not

er the date of the

describe the

nce and the date

y transfer ownership of the animal to a

releasing agency that has a signed Transfer Agreement for

Dogs and Cats on file with the Division provided that the

group sterilizes and microchips the animal prior to placing

it into an adoptive home.

b. The Division may temporarily place the animal in a foster

home that has a signed Foster Agreement for Dogs and

Cats on file with the Division;

guidelines, and sterilized.

4. If, in the opinion of a licensed vete

a legitimate health risk justifyin

sterilization, the person adopting th

provide a signed statement from

stating why the sterilization should

when the procedure may be p

legitimate health risk cannot be based solely on the

weeks old. The owner shall provide

the completed sterilization within

hours of the procedure.

b. If an adopted animal dies on or before t

completion date, the adopting person must provide written

documentation to the Division that the anim

c. If an adopted animal is lost or stolen before t

date, the adopting person must p

docume

In order to be suffic

later than the seventh (7

) business day aft

animal's disappearance and shall

circumstances surrounding the disappeara

of disappearance.

(2) Transfer to releasing agency or foster care

a. The Division ma

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(3) Euthanasia

The Division may euthanize the animal due to health,

temperament, space limitations, or as otherwise deemed necessary

( The choice of which of these options to use shall be made at the sole

law or a court

ommits an offense if he fails to provide the proof required in

r multiple pets.

An er a permit in this

section s either obtain a

permit o

( identially zoned

r more than ten (10) adult animals, no

or multi-family

5) adult animals,

h may be intact. No residence within the

or other group of

(b) y subsection (a)

e applicant shall

lication fee at the time of filing.

(1) Inspection required – Applicants shall submit to an in-home

inspection by the City Enforcement Agent prior to the issuance of

a multi-pet permit. A permit shall not be issued if the inspection

determines:

a. That the requested number of animals cannot be maintained

without creating noise or odor nuisances;

by the Health Director.

discretion of the Division unless otherwise mandated by

order.

(e) A person c

section 4-402(c) (1) (a.)(4.

TICLE V. MULTIPLE ANIMALS

Section 4-500. Permit required fo

y p son in possession of more animals than authorized without

hall have one year from the effective date of this ordinance to

r otherwise comply with this section.

a) Except as provided by this section, no single-family, res

property within the City shall harbo

more than four (4) of which may be intact. No duplex

residentially zoned property shall harbor more than five (

no more than one (1) of whic

City shall harbor more than one (1) litter, clutch,

offspring, whether whole or in part, at any time.

Any person desiring to keep more animals than allowed b

may apply with the Division for a multiple pet permit. Th

pay an app

ivision shall issue the permit if the fo

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b. That the requested number of animals cannot be maintained

on 4-500 (a);

pliance with

roof of having a

tained additional

no enforcement

during the preceding twelve (12)

inspection. The

ble hours at their

applicant’s history.

( valid for one (1)

to the applicant

( f a multiple pet

ent Agent during

reasonable hours, to make his animals, premises, facilities, equipment, and

tion.

( multi-pet permit

ity Enforcement

Agent.

(g) A person commits an offense if he harbors a greater number of animals

ple pet permit.

( e holder of a multiple pet permit

and harbors more animals than authorized in his permit.

Section 4-501. Revocation, denial and appeal.

(a) The Animal Services Manager may revoke a permit issued under section

4-500 or refuse to issue a permit if the permittee or applicant fails to meet

the standards required in section 4-500, refuses to permit inspections of

the premises, or violates any provision of this chapter.

in a healthy and sanitary environment;

c. The number of intact animals exceeds Secti

d. That any animal at the location is not in com

all provisions of this chapter.

(2) No inspection required – Applicants who provide p

current multiple pet permit, and who have not ob

animals since their last inspection, and have had

actions for violating this chapter

months, may be issued a permit by mail without

Division may require an inspection during reasona

discretion regardless of the

d) All multiple pet permits issued under this section shall be

year from the date of issuance, and shall be valid only as

and location for which it was originally issued.

e) A person commits an offense if the person is a holder o

permit and he refuses, upon request by a City Enforcem

any necessary registrations or permits available for inspec

f) A person commits an offense if the person is a holder of a

and he refuses to show his permit upon request by a C

than allowed in section 4-500(a) without obtaining a multi

h) A person commits an offense if he is th

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( Health Director.

ys of receiving

Division. If no

, the denial or

nal. Upon receiving an appeal, the

at a time and place of his designation

ing received.

( sion of the Health Director shall be final.

ay reapply for a new permit under section 4-

nce the Texas State Rabies Control Act, as

am nd the standards established by the appropriate state agency or rule-making

bo as s within the City

of Plano

Section 4-601. Rabies tag and vaccination certificate.

( Control Act to

tag affixed to a

ted collar or harness at all times. The owner shall retain the

inspection upon

Agent.

( riod of time as

the Texas State

Rabies Control Act.

( an animal and fails to

provide rabies vaccinations for the animal.

(d) A person commits an offense if he presents a rabies vaccination certificate

to a City Enforcement Agent for any animal other than the animal for

which the certificate was issued.

(e) A person commits an offense if he attaches a rabies tag to any animal’s

collar or harness other than the animal for which the tag was issued.

b) A denial or revocation of a permit may be appealed to the

The appeal must be made in writing within ten (10) da

written notice of the permit denial or revocation from the

appeal request is received within the ten-day period

revocation of the permit becomes fi

Health Director shall hold a hearing

within ten (10) days of the appeal be

c) The deci

(d) The permittee or applicant m

500 at any time.

TICLE VI. RABIES AND ZOONOSIS CONTROL

Section 4-600. State regulations adopted.

The City of Plano hereby adopts by refere

ended, a

ard minimum standards for rabies control and quarantine provision

a) All animals that are required by the Texas State Rabies

have a rabies vaccination must have their current rabies

properly fit

rabies vaccination certificate and make it available for

request by a City Enforcement

b) Rabies vaccination certificates will be valid for a pe

determined by the issuing veterinarian in accordance with

c) A person commits an offense if he is the owner of

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( mits an offense if he fails to display the rabies tag as

Se n tic disease.

( eterinarian who

ve, or suspected

avian influenza,

:H7, hantavirus,

-fever, rabies, Rocky Mountain

s, or any other

sible to humans,

( ctitioner having

the Division of

of persons or animals treated.

( as been involved in a

(d) A person commits an offense if he has knowledge of a local rabies control

t and fails to notify the Division within forty-eight (48) hours.

( potential disease

ithin twenty-four

Section

( cause to believe

Agent has probable

cause to believe has been involved in a local rabies control incident, shall

ed according to

state law and rules. The seizure of animals for quarantine shall be

pursuant to section 4-101 of this chapter.

(b) Upon request by the owner, a home quarantine maybe allowed if the

Health Director determines all state requirements for a home quarantine

are met and the owner complies with all of the following requirements:

(1) Isolates the animal from all people and pets other than those that

f) A person com

required by this section.

ctio 4-602. Notification of local rabies control incidents or zoono

a) Any licensed veterinarian or technician working for a v

diagnoses, examines, or treats any animal diagnosed to ha

to have, rabies, a non-natural infection of anthrax,

brucellosis, campylobacteriosis, Escherichia coli 0157

Lyme Disease, monkeypox, plague, Q

Spotted Fever, Salmonellosis, Tularemia, West Nile viru

zoonotic encephalitis, or other zoonotic diseases transmis

shall immediately report their findings to the Division.

b) Any physician or other medical or veterinary pra

knowledge of a local rabies control incident shall notify

the names, addresses and phone numbers

c) Any person owning or possessing an animal which h

local rabies control incident, or any other person having knowledge of the

local rabies control incident, shall notify the Division.

inciden

e) A person commits an offense if he has knowledge of any

as listed in this section and fails to notify the Division w

(24) hours.

4-603. Quarantine.

a) Any animal that a City Enforcement Agent has probable

was exposed to or is infected with rabies, or that the

be placed under quarantine. Animals shall be quarantin

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lived with the biting animal at the quarantining residence prior to

) Agrees to allow a City Enforcement Agent to inspect the animal

arantine period;

f the animal escapes

rson or animal,

n of illness;

ling at all times

times for evacuation of waste material. During

ot more than six

physical control

nce or dwelling

ss prior written approval to

tor;

e animal is

egisters and implants a microchip in the animal in compliance

with this chapter; and

state-approved

arantine period

of this chapter is

( uspected and the

nably imminent,

e a quarantine

oring dogs, cats

fine them for the

time as may be specified in the quarantine proclamation. Upon the

publication of the proclamation by local newspapers, persons owning or

harboring animals addressed by the proclamation shall confine them to

premises unless they are effectively muzzled and under the control of an

adult person by a tether not more than six (6) feet in length. After

publication of the proclamation, an animal found to be in violation of the

order or at large may be impounded or destroyed by a City Enforcement

Agent if such agent is unable, with reasonable effort, to apprehend the

the local rabies control incident;

and residence at any reasonable time during the qu

3) Agrees to contact the Division immediately i(

from the residence, dies, attacks any other pe

exhibits any change in behavior, or exhibits any sig

(4) Confines the animal inside a residence or dwel

other than

evacuation, the animal shall be kept on a tether n

(6) feet in length and must remain under the direct

of an adult at all times;

(5) Agrees to keep the animal at the approved reside

throughout the quarantine period unle

move the animal is obtained from the Health Direc

(6) Agrees to keep the animal under quarantine until th

cleared by the Health Director;

(7) R

(8) Agrees to immediately turn the animal over to a

rabies quarantine facility for the duration of the qu

as ordered by the Health Director if any section

violated.

c) Should a potential outbreak of rabies within the City be s

danger to the public safety from rabid animals be reaso

the Health Director is hereby authorized to issu

proclamation, ordering persons owning, keeping, or harb

or other warm-blooded animals to muzzle the same or con

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animal for impoundment.

d) A person commits an offense if the person fails or refuse

comply with the Health Director’s order to quarantine

residence or present for quarantine or testing

( s to immediately

at the owner’s

at a state approved rabies

bies control incident.

ARTICLE VII. ANIMAL IDENTIFICATION AND REGISTRATION

A of this ordinance

s of the animal’s

( er must have the

imal affixed to a properly fitted collar or

(b) within the City

( forms and tags furnished by the Health

Director and shall be issued subject to the provisions of this chapter.

( animal that is not

( d annually.

affixes a City registration tag to any

r or harness other than the animal for which it was issued.

(g) A person commits an offense if he is the owner of a dog, cat, or ferret over

does not have a

current a City registration tag for the animal.

ARTICLE VIII. ANIMAL BUSINESSES

Section 4-800. Permit required for animal establishments and commercial breeders.

An animal establishment, grooming facility, commercial breeder, wildlife

quarantine facility, any animal that the Health Director has probable cause

to believe has been involved in a local ra

ction 4-700. Registration Tag Required.

nimals with a current registration in place on the effective date

hall be required to comply with this section upon renewal

egistration.

a) All dogs, cats, and ferrets four (4) months of age or old

City registration tag for that an

harness at all times.

Subsection 4-700 (a) does not apply to animals temporarily

for a period not to exceed fourteen (14) days.

c) Registration tags shall be on

d) The Division shall not issue a registration tag to an

currently vaccinated against rabies.

e) Registration tags shall be renewe

(f) A person commits an offense if he

animal’s colla

the age of four (4) months within the City of Plano and

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education center or wildlife rehabilitator who is in operation bef

date of this ordinance shall have 180 day

ore the effective

s from the effective date of this

( or to become a

for an Animal

ishment or Commercial Breeder Permit. A permit shall be issued if

the following

ecting/sanitizing

easily accessible

(2) Fresh water shall be available to all animals at all times. Containers

water containers

ced, or weighted

(3) The ambient temperature in the animal housing areas is maintained

and humidity in

healthful for the

e ventilation is

nporous material

aning and disinfecting. Each cage and enclosure is of

e room to stand,

ge and enclosure

Each cage and

be kept isolated

t all animals are

ies’ needs. The

daily feeding records shall be maintained or posted in a readily

accessible location. All veterinarians’ orders must be in writing

and kept on record and available for inspection during the Animal

Establishment’s or commercial breeder’s regular business hours.

In general, all animals under six (6) months of age are to be fed at

least two (2) times per twenty four (24) hour period, or as advised

by a veterinarian, and all other animals must be fed at least one (1)

time per twenty four (24) hour period, or as advised by a

rdinance to obtain the necessary permits and registrations.

a) Persons wishing to operate an animal establishment

commercial breeder within the City of Plano must apply

Establ

the requisite fee is paid and the applicant meets

requirements:

(1) Cold and hot water and appropriate disinf

chemicals for washing and disinfecting cages are

to all parts of the animal housing areas;

are to be cleaned and disinfected each day. All

shall be removable for cleaning and mounted, pla

so the animal cannot turn them over;

between 60-79°F at all times. The temperature

individual cages are maintained at levels that are

species of animals being housed and adequat

maintained in all animal housing areas;

(4) All cages and enclosures are constructed of a no

for easy cle

sufficient size that at minimum the animal will hav

turn, and lie down in a natural position. Each ca

is thoroughly cleaned and disinfected each day.

enclosure is locked or otherwise secured to prevent the escape of

any animal being kept. Injured or ill animals shall

from healthy animals;

(5) Daily feeding records are maintained to ensure tha

fed a proper and nutritious diet specific to the spec

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veterinarian. Food for each animal shall be serve

so constructed or mounted that the animal cannot r

and be of the type that are removable for clean

feeding dishes are acceptable for one-time use on

do not require daily feedings are exem

d in a clean dish

eadily tip it over

ing. Disposable

ly. Animals that

pt from the daily feeding

ined and the

upright without

read their wings

rea. Each bird

izontal to other

e for the species

iently ventilated.

ler birds. There

e to the birds at all

asily accessible

over or

defile their contents. Injured, diseased, or dead birds shall be

ealthy birds;

needs of each

es cleaned and

ays;

(9) All dogs, cats, and ferrets four (4) months of age or older have

proof of being currently vaccinated against rabies;

(10) Written procedures are in place to notify the Division of any local

rabies control incident as required by Section 4-602 of this chapter;

requirement; however, feeding records shall be mainta

animal shall be kept in a healthful body condition;

(6) Each bird must have sufficient room to stand

touching the top of their housing area and to sp

fully without touching the side of their housing a

shall have access to a perch that is placed hor

perches in the same cage and is of adequate siz

being housed. The housing area must be suffic

Large birds shall have separate cages from smal

shall be clean water and suitable food availabl

times and all troughs or other receptacles must be e

to the birds and placed so that the birds cannot turn them

immediately removed from housing areas holding h

(7) There is sufficient clean, dry bedding to meet

individual animal;

(8) All animals are fed and watered, and all cag

disinfected every day including Sundays and holid

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b) A person commits an offense if he transfers ownership or

ownership of any anim

( offers to transfer

al without first obtaining an Animal Establishment

is chapter.

( of an Animal

a permit issued

ion, to make his

ed to service the

ent, and any necessary registrations, veterinary records,

regular business

ction may occur

has a permit issued under this section

4-800(a). Each

fense.

Se tion

( ed under section

ant fails to meet

nspections of

( Health Director.

ade in writing within ten (10) days of receiving

written notice of the permit denial or revocation from the Division. If no

the ten-day period, the denial or

g an appeal, the

irector shall hold a hearing at a time and place of his designation

within ten (10) days of the appeal being received. Based upon the

recorded evidence of the hearing, the Health Director shall make a final

ruling.

(d) The permittee or applicant may reapply for a new permit under section 4-

800 at any time.

or Commercial Breeder Permit.

(1) It is an affirmative defense to subsection 4-800(b) if the transfer

was a private sale of the animal as authorized by th

c) A person commits an offense if he is the owner

Establishment or Commercial Breeding Service and has

under this section and refuses, upon request by the Divis

animals, the portion of the premises that house or are us

animals, equipm

feeding logs or permits available for inspection during

hours. If there are no set business hours, then the inspe

during reasonable hours.

(d) A person commits an offense if he

and fails to meet the conditions set forth in section

separate condition that is not met shall constitute a separate of

4-801. Revocation, denial and appeal. c

a) The Animal Services Manager may revoke a permit issu

4-800 or refuse to issue a permit if the permittee or applic

the standards required in section 4-800, refuses to permit i

the premises, or violates this chapter in any other way.

b) A denial or revocation of a permit may be appealed to the

The appeal must be m

appeal request is received within

revocation of the permit becomes final. Upon receivin

Health D

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Se n

( property owner

imal exhibition

ance or display

on and housing

permit shall be issued for an exhibition period of not more than seven (7)

omplies with the

g conditions:

clean and free of

containers shall

imal cannot turn

housing areas is

maintained between 60-79°F at all times. The temperature in

healthful for the

e ventilation is

rs, the exhibition

at index exceeds

(4) All cages and enclosures are constructed of a nonporous material

d enclosure is of

e room to stand,

e and enclosure

Each cage and

(5) Daily feeding records are maintained to ensure that all animals are

fed a proper and nutritious diet specific to the species’ needs. The

daily feeding records shall be maintained or posted in a readily

accessible location. All veterinarians’ orders must be in writing

and kept on record and available for inspection during the Animal

Exhibition’s regular business hours. In general, all animals under

six (6) months of age are to be fed at least two (2) times per twenty

four (24) hour period, or as advised by a veterinarian, and all other

ctio 4-802. Permit required for animal exhibition.

a) The presenter or owner of the animal exhibition, or the

where the exhibit is to take place must apply for an an

permit at least thirty (30) business days before the perform

and provide exact dates, times, locations, transportati

arrangements, and animals involved in each performance or display. A

days if the animal exhibition pays the required fee and c

followin

(1) All cages or other animal housing areas are kept

wastes;

(2) Fresh water is available to all animals at all times. Containers are

to be cleaned and disinfected each day. All water

be removable for cleaning and mounted so the an

them over;

(3) If indoors, the ambient temperature in the animal

individual cages is maintained at a level that is

species of animals being housed and adequat

maintained in all animal housing areas. If outdoo

must immediately be halted if at any time the he

95°F;

for easy cleaning and disinfecting. Each cage an

sufficient size that at minimum the animal will hav

turn, and lie down in a natural position. Each cag

is thoroughly cleaned and disinfected each day.

enclosure is locked or otherwise secured to prevent the escape of

any animal being kept;

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animals must be fed at least one (1) time per twen

period, or as advised by a veterinarian. Food for e

be served in a clean dish so constructed or mounte

cannot readily tip it over and be of the type that a

cleaning. Disposable feeding dishes are accepta

use only. Animals that do not require daily feed

fro

ty four (24) hour

ach animal shall

d that the animal

re removable for

ble for one-time

ings are exempt

m the daily feeding requirement; however, feeding records shall

healthful body

upright without

ead their wings

. Each bird shall

other perches in

s being housed.

he housing area

old or

rate cages from

hall be clean water and suitable food

available to the birds at all times and all troughs or other

d placed so that

cannot turn them over or defile their contents. Injured,

removed from

(7) There is sufficient clean, dry bedding to meet needs of each

es cleaned and

ing Sundays and

e or older have

(10) Animals being used to give rides or doing other work are in good

physical condition, including their hooves or feet, and given not

less than a thirty (30) minute break for each three (3) hours

worked;

(11) All areas used by the exhibitor are thoroughly cleaned and all

wastes are properly disposed of at the conclusion of the exhibition;

be maintained and the animal shall be kept in a

condition;

(6) Each bird must have sufficient room to stand

touching the top of their housing area and to spr

fully without touching a side of their housing area

have access to a perch that is placed horizontal to

the same cage and is of adequate size for the specie

The housing area must be sufficiently ventilated. T

must be cleaned every day and disinfected when birds are s

otherwise transferred. Large birds shall have sepa

smaller birds. There s

receptacles must be easily accessible to the birds an

the birds

diseased, or dead birds shall be immediately

housing areas holding healthy birds;

individual animal;

(8) All animals are fed and watered, and all cag

disinfected every day during the exhibition, includ

holidays;

(9) All dogs, cats, and ferrets four (4) months of ag

proof of being currently vaccinated against rabies;

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(12) Written procedures are in place to notify the Division of any local

2 of this chapter;

(13) The animal exhibition is divided into three distinct areas that are

he exception of

th entrances and exits to

sible.

shall be designed so that there is a single

separate

ea. The permit

traffic to prevent

ilitate education.

otifying visitors

y are not to eat,

drink, smoke, place their hands in their mouth, or use bottles or

ing that senior

ersons who are

an increased risk

and should take extra precautions to protect

sition area;

be possessed,

al areas. The

orage or holding

(17) Exit transition areas must be designed to facilitate hand washing.

Signs shall be posted instructing visitors to wash their hands and

illustrating proper hand-washing techniques. An appropriate

number of hand washing stations shall be present in the exit

transitional area. Hand washing stations must be accessible for all

visitors, including children and persons with disabilities. Hand

washing stations shall comply with all local, state, and federal

waste water restrictions and requirements. A staff member must

rabies control incident as required by Section 4-60

separated by barriers:

a. Non-animal areas - where animals, with t

service animals, are not permitted;

b. Transition areas - located at bo

animal areas; and

c. Animal areas - where animal contact is pos

(14) The animal exhibition

entrance transition area leading to the animal area and a

exit transition area leading out of the animal ar

holder shall be responsible for controlling visitor

overcrowding in any of these areas;

(15) Entrance transition areas must be designed to fac

Signs shall be posted at all entry transition areas n

that they are entering an animal area and that the

pacifiers while in the animal area. Signs warn

citizens, pregnant women, young children, and p

immunocompromised or mentally impaired are at

of disease or illness

themselves shall also be posted in the entrance tran

(16) Strollers, food, and beverages are allowed to

prepared, served, or consumed only in non-anim

animal exhibition permit applicant must provide st

areas for these items for visitors;

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be positioned in the exit transition area at all times to encourage

or both animals

s animal food or

strollers, food,

nt in the animal

hall be removed

s for its removal

public access.

rrhea, vomiting,

e removed from

exhibited at any

t are required by state law to have a rabies

vaccination must have the appropriate documentation stating that

g exhibited must

sed veterinarian

( displayed in any

City, unless the

s chapter.

by the Division

ours, to make his animals, that portion of his premises

pment, and any

its available for

(d) A person commits an offense if he owns, manages or operates an animal

mit.

( es, or represents

ction and fails to

h animal or condition in violation

of this chapter shall constitute a separate offense.

Section 4-803. Revocation, denial and appeal.

(a) The Animal Services Manager may revoke a permit issued under section

4-802 or refuse to issue a permit if the permittee or applicant fails to meet

the standards required in section 4-802, refuses to permit inspections of

the premises, or violates this chapter in any other way.

hand washing;

(18) Animal areas must provide adequate ventilation f

and people. Visitors may not be allowed to acces

water sources. Toys, pacifiers, baby bottles,

beverages, or tobacco products may not be prese

area at any time. All manure and soiled bedding s

immediately and all animal waste and specific tool

must be stored in designated areas restricted from

Animals exhibiting any sign of illness, such as dia

nasal discharge, or malaise, shall immediately b

the animal area. No pregnant animals may be

time. All animals tha

this requirement has been met. All animals bein

have a health certificate that was issued by a licen

within the last twelve (12) months.

b) Any wild animal, as defined in this chapter, may not be

Animal Exhibition or otherwise possessed within the

possession is specifically allowed by another section of thi

exhibition that requires a permit refuses, upon request

during business h

used to house or service the animals, facilities, equi

necessary registrations, records, feeding logs or perm

inspection.

exhibition without a per

e) A person commits an offense if he owns, operate, manag

an animal exhibition and has a permit issued under this se

maintain the conditions in 4-802(a). Eac

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( Health Director.

ys of receiving

Division. If no

, the denial or

an appeal, the

f his designation

Based upon the

recorded evidence of the hearing, the Health Director shall make a final

an accelerated hearing date and the

its.

(d) The permittee or applicant may reapply for a permit under section 4-802 at

Section 4-804. Permit required

( in the City of

permit shall be

ts the following

chemicals for

, and grooming

sily accessible to all parts of the animal housing areas;

intained between

ividual cages is

ies and breed of

ntilation is maintained in all

(3) All cages and enclosures are constructed of a nonporous material

for easy cleaning and disinfecting. Each cage and enclosure is of

sufficient size that at minimum the animal will have room to stand,

turn, and lie down in a natural position. Each cage and enclosure

is thoroughly cleaned and disinfected after each use;

(4) When necessary, there is sufficient clean, dry bedding to meet

needs of each individual animal;

b) A denial or revocation of a permit may be appealed to the

The appeal must be made in writing within ten (10) da

written notice of the permit denial or revocation from the

appeal request is received within the ten-day period

revocation of the permit becomes final. Upon receiving

Health Director shall hold a hearing at a time and place o

within ten (10) days of the appeal being received.

ruling. The appellant may request

Health Director shall grant the request if scheduling perm

The decis

any time.

for pet grooming facilities.

a) Persons wishing to operate a Pet Grooming Facility with

Plano must apply for a pet grooming facility permit. A

issued if the requisite fee is paid, and the applicant mee

requirements:

(1) Cold and hot water and appropriate

disinfection/sanitizing of cages, grooming tables

utensils is ea

(2) The temperature in the animal housing areas is ma

60-79°F at all times. The temperature in ind

maintained at a level that is healthful for the spec

animals being housed and adequate ve

animal housing areas;

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(5) All animals held overnight must be fed and watere

d, and all cages

ousing animals cleaned every day including Sundays and

(6) Written procedures are in place to notify the Division of any local

2 of this chapter.

( represents a Pet

n request by the

at portion of the

use or service the animals, facilities, equipment, and

logs or permits

compliance with

(c)

4-804(a). Each

r shall constitute a separate

( r operates a Pet

ion.

Section 4-805. Revocation, denial and appeal.

( ed under section

ant fails to meet

it inspections of

( Director. The

eceiving written

or revocation from the Division. If no appeal

ay period, the denial or revocation of

the permit becomes final. Upon receiving an appeal, the Health Director

shall hold a hearing at a time and place of his designation within ten (10)

days of the appeal being received. Based upon the recorded evidence of

the hearing, the Health Director shall make a final ruling. The appellant

may request an accelerated hearing date and the Health Director shall

grant the request if scheduling permits.

holidays;

rabies control incident as required by Section 4-60

b) A person commits an offense if he owns, manages, or

Grooming Facility that requires a permit and refuses, upo

Division during business hours, to make his animals, th

premises used to ho

any necessary registrations, veterinary records, feeding

available for inspection for the purpose of ascertaining

the provisions of this chapter.

A person commits an offense if he holds a permit under this section and

fails to comply with the requirements set forth in section

animal or condition in violation of this chapte

offense.

d) A person commits an offense if he owns, manages o

Grooming Facility without the permit required by this sect

a) The Animal Services Manager may revoke a permit issu

4-804 or refuse to issue a permit if the permittee or applic

the standards required in section 4-804, refuses to perm

the premises, or violates this chapter in any other way.

b) A denial or revocation may be appealed to the Health

appeal must be made in writing within ten (10) days of r

notice of the permit denial

request is received within the ten-d

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( ittee or applicant may reapply for a new permit under section 4-

Se n

( btain a Wildlife

all comply with

Director shall require the owner or operator of the Center to present proof

permits prior to

(b) al Centers shall obtain written permission

wild animal and

eet all housing requirements set forth by the Health Director for the

( er is a non-profit

( e owns, operates or manages a Center

n request by the

service the animals, facilities, equipment, and any necessary registrations

for inspection during the establishment’s regular

business hours or at any other reasonable hour.

anages a Center

without a permit.

its Required.

A l Establishment,

An onal Center and

fai display a copy of the current permit in a public area at all

times.

Section 4-808. Wildlife Rehabilitators.

(a) All Wildlife Rehabilitators, as defined herein, shall register as a Wildlife

Rehabilitator with the Division and shall comply with any and all

applicable federal state and local regulations regarding the handling and

release of wildlife.

d) The perm

804 at any time.

ctio 4-806. Wildlife Educational Centers.

a) A Wildlife Educational Center, as defined herein, shall o

Educational Center permit from the Health Director and sh

any and all applicable local, federal and state regulations. The Health

that the Center has all the required federal and state

issuing the permit.

Permitted Wildlife Education

from the Health Director to keep any non-indigenous

shall m

purposes of safely housing the animal.

c) The Health Director shall waive the permit fee if the Cent

center.

d) A person commits an offense if h

which has a permit issued by the City and he refuses, upo

Division, to make his animals, the portion of his premises used to house or

or permits available

(e) A person commits an offense if he owns, operates or m

Section 4-807. Display of Perm

person commits an offense if he holds a permit for an Anima

imal Exhibition, Pet Grooming Facility, or Wildlife Educati

ls to prominently

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(b) ife Rehabilitator

his animals, the

ervice animals,

tions or permits

available for inspection during business hours. If there are no regular

sonable hours.

mits an offense if he operates as a Wildlife Rehabilitator

and fails to register with the Division.

Section

(a) display, transfer ownership or offer to

) months of age

ently vaccinated

against rabies.

(b) the Division, may

provided that the following conditions are

met:

plied with;

(2) All displayed animals are sterilized;

age have been

apter;

icrochip; and

ed, including the

the microchip

ization for each

ownership, or offers to transfer ownership of more than one (1) litter,

clutch, or other group of offspring per twelve (12) month period to another

person for the purpose of breeding, show, personal pet, or resale to a third

person, without first obtaining a Commercial Breeder permit, unless the

owner or person is a governmental agency acting in an official capacity or

a releasing agency acting in accordance with all other provisions of this

chapter.

A person commits an offense if he is a registered Wildl

and he refuses, upon request by the Division, to make

portion of his premises that is used to house or s

facilities, equipment, and any necessary registra

business hours, then the inspection may occur during rea

4-809. Private Animal Sales.

No owner or person shall advertise,

transfer ownership of any dog, cat, or ferret over four (4

that is not sterilized, implanted with a microchip, and curr

A releasing agency, with written permission from

transfer ownership of animals

(1) All other provisions of this chapter are com

(3) All displayed animals over three months of

vaccinated against rabies in accordance with this ch

(4) All displayed animals have been implanted with a m

(5) The agency keeps a record for each animal adopt

contact information of each new owner and

information and proof of vaccination and steril

animal adopted.

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( plays, transfers

any live animal on any

on.

( splays, transfers

wnership, or offers to transfer ownership of any live animal on any

ty that is not owned or leased by the person displaying the

ARTICLE IX. DANGEROUS ANIMALS

Section

( over the age of

l is a dangerous

all

nt evidence of

ealth Director or his designee shall

less the matter is

by agreement of all parties prior to the hearing. To be

t the

(1) Name, address and telephone number of complainant(s) and other

it resides, and, if

e owner of the

ch the complaint is

the incident or incidents which

inant to believe the animal is a dangerous animal;

escription of the

was sought and

(4) Any other facts that the complainant believes to be important.

Section 4-901. Impoundment pending hearing.

(a) Prior to the hearing the animal shall be boarded at the owner’s expense at

the Animal Services Facility, or any other state approved quarantine

facility, pending the outcome of the hearing. If the animal that is the

d) A person commits an offense if he advertises, dis

ownership, or offers to transfer ownership of

public property without written permission from the Divisi

e) A person commits an offense if he advertises, di

private proper

animal.

4-900. Complaints.

a) Upon receipt of a sworn, written complaint by any person

eighteen (18) charging that a particular domestic anima

animal as defined in this chapter, the City Enforcement Agent sh

investigate the complaint, and if there is sufficie

dangerousness, a hearing before the H

be held to determine whether the animal is dangerous, un

resolved

considered valid, the sworn, written complaints shall contain at leas

following information:

witnesses;

(2) A description of the animal and the address where

known, the name and telephone number of th

animal;

(3) A statement describing the facts upon whi

based including: a description of

cause the compla

the date, time and location of the incident; a d

injuries sustained and whether medical assistance

the outcome of that treatment;

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subject of the hearing was already impounded for being an animal at large,

the hearing.

(b) A person commits an offense if he interferes with the lawful seizure of an

( on commits an offense if he harbors, hides, transports, or secures

preventing its

( operates or manages a

y, and he fails to

leases it to any

or the animal’s whereabouts.

Subsection (d) shall not apply if the person operating or managing

ission from the

Section 4-902. Hearing.

( Animal shall be

f the complaint,

re of the animal, whichever occurs later.

( Director or his

ants by certified

t the hearing all

ence on the issue of

whether the animal is dangerous.

( l is a Dangerous

t dangerous and

fter all impound

ector shall have the

authority to refund, reduce, or waive any fees incurred to the owner.

(d) For the Health Director to deem the animal dangerous he must find that

the animal meets the definition of a Dangerous Animal as listed in Section

4-100 of this chapter and that the destruction, removal, or registration of

the animal is necessary to preserve the public health, safety, and welfare.

If the animal is determined to be dangerous, the Health Director or his

designee shall order that the owner comply with one of the following:

the animal shall remain impounded until the conclusion of

animal by a City Enforcement Agent.

c) A pers

the transport for any animal for the purpose of

impoundment.

d) A person commits an offense if the person

quarantine facility other than the Animal Services Facilit

properly confine the animal as to prevent its escape, re

person; or not be able to account f

(1)

the quarantine facility first obtains written perm

Health Director to release the animal;

a) The hearing to determine if an animal is a Dangerous

conducted within twenty (20) business days after receipt o

impoundment, or seizu

b) Notice of the hearing shall be provided by the Health

designee to the owner of the animal and the complain

mail, return receipt requested or by personal service. A

parties shall be given opportunity to present evid

c) Upon conclusion of a hearing to determine if an anima

Animal, the Health Director may find that the animal is no

order that it be promptly returned to its owner’s custody a

and board fees have been paid. The Health Dir

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(1) Euthanasia of the dangerous animal:

a. shall be ordered if the Health Director determines the

animal caused the death or serious bodily injury of a

determines the

c. may be ordered if the Health Director determines the

d caused serious

ordered if the Health Director determines the

animal was outside its enclosure or yard and caused bodily

has made at least one (1)

al or person on a

ia.

ity limits.

the owner must

h Director, in writing, the destination address

of where the animal is to reside and proof that the owner has

ervices in that area.

proof of having a microchip

pla Health Director and make

available at the Animal Services Facility the animal for scanning

e removes the animal

al; or

2. Provide proof of the implanting of the microchip; or

3. Make the animal available for scanning.

b. A person commits an offense if he removes the animal

from a state approved quarantine facility prior to complying

with the notice requirements in subsection 4-902(d) (2).

person;

b. may be ordered if the Health Director

animal caused bodily injury to a person;

animal was outside its enclosure or yard an

bodily injury or death to another animal;

d. may be

injury to another animal and

unprovoked attack against an anim

previous occasion;

e. the owner of the animal may elect euthanas

(2) Removal of the dangerous animal from within the C

Prior to the release of the animal from quarantine

provide to the Healt

alerted the agency responsible for animal s

Additionally, the owner shall furnish

im nted into the animal to the

so the City can verify the code.

a. A person commits an offense if h

from the City under this section and fails to

1. Implant a microchip in the anim

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(3) Return to the owner as a registered Dangerous A

owner demonstrates com

nimal once the

pliance with this chapter and the

howing financial

undred and fifty

mages resulting

l causing bodily

bodily injury or death to a person or another

ept on file at the

providing the name

s of the animal; the address where

d at least two (2) color

photographs that clearly identify the Dangerous Animal;

mal;

e. Posting signs giving notice of a Dangerous Animal in the

al is confined.

t both the front

r letters not less

o (2) inches high, stating “DANGEROUS ANIMAL

ON PREMISES”;

t yellow collar

visible at fifty (50) feet in normal daylight and attaching a

Division to the

e animal can be

fied;

g. Implanting a microchip into the animal and registering it

for life with the Division and a recognized national

registry;

h. Providing written notice of the animal’s designation as

dangerous to the owner or landlord of the property where

the animal will be kept;

following requirements:

a. Obtaining liability insurance coverage or s

responsibility in an amount of at least two h

thousand dollars ($250,000.00) to cover da

from an attack by the Dangerous Anima

injury, serious

animal. A certificate of insurance or other evidence of

meeting the above requirements shall be k

Animal Services Facility;

b. Registering with the City of Plano by

and address of the owner; the breed, age, sex, color and any

other identifying mark

the animal is to be kept; an

c. Having proof of animal sterilization;

d. Constructing a secure enclosure for the ani

area or on the premises in which the anim

The signs shall be conspicuously posted a

and rear property entrances and shall bea

than tw

f. Providing the animal with a fluorescen

fluorescent orange tag provided by the

collar that is worn at all times so that th

easily identi

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i. Paying the appropriate Dangerous Animal annual permit

o remain in any

zoned property.

rch, patio, or in

allow the animal

, no Dangerous

mal may be kept in a house or structure when the

from exiting the

e outside of the

less the animal

by a person of

strain the animal

als shall not be

h as trees, posts,

must be securely

ury to the animal

but shall prevent

the animal from biting other animals or human beings.

(e) claration of the

conditions as set

r fails to provide proof of meeting all

of the requirements, the animal may be euthanized on the sixteenth (16

)

the owner of a permitted

Dangerous Animal and refuses, upon request by the Division, to make

ecessary permits

(g) A person commits an offense if he is the owner of a Dangerous Animal

and he fails to comply with the requirements in 4-902(d) (3).

(h) No domestic animal may be declared a Dangerous Animal if:

(1) The threat, injury, or damage was sustained by a person who at the

time was committing a willful trespass or other tort upon the

fee;

j. No Dangerous Animal shall be allowed t

duplex or in any multi-family, residentially

No Dangerous Animal may be kept on a po

any part of a house or structure that would

to exit of its own volition. In addition

Ani

windows are open or when screen windows or screen doors

are the only obstacle preventing the animal

structure; and

k. The owner shall not allow the animal to b

owner’s residence or its secure enclosure un

is under continuous direct physical control

competent mental and physical ability to re

under all circumstances. Dangerous Anim

tethered to inanimate objects, suc

buildings, etc., for any length of time. A Dangerous

Animal that is outside its secure enclosure

fitted with a muzzle that will not cause inj

nor interfere with its vision or respiration

The owner shall have fifteen (15) days from the de

animal as dangerous to comply with all of the required

forth by this chapter. If the owne

day.

(f) A person commits an offense if he is

his animal, premises, facilities, equipment, and any n

available for inspection at any reasonable time.

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premises occupied by the owner of the animal;

(2) The person was teasing, tormenting, abusing, or assaulting the

animal or has in the past been observed to have teased, tormented,

mit a

) The animal attacked was at large at the time of the incident, unless

e of the incident

provoked attack

ast one (1) previous

injury or died

as a result of the injuries it sustained during the attack.

e incident was

g, tormenting, abusing, or attacking the alleged Dangerous

s not a domestic animal;

rson within the

ty of the animal from an unjustified attack or

animal’s breed,

Section 4-903. Dangerous Animal: escape, death or subsequent attack.

(a) In the event that a registered Dangerous Animal escapes its enclosure or

attacks a human being or another animal, the owner of the Dangerous

Animal shall notify the Division. Additionally, the owner shall provide

written documentation of the incident to the Health Director within one (1)

business day of becoming aware of the escape or attack. The written

documentation may be delivered by hand, U.S. mail or email.

(1) A person commits an offense if he fails to provide notice.

abused, or assaulted the animal;

(3) The person attacked was committing or attempting to com

crime;

the attacking animal was also at large at the tim

and:

a. The attacking animal has committed an un

on another person or animal on at le

occasion; or

b. The animal attacked suffered serious bodily

(5) The animal attacked or killed at the time of th

teasin

Animal or if the animal attacked wa

(6) The animal was protecting or defending a pe

immediate vicini

assault;

(7) The animal was injured and responding to pain; or

(8) The complaint filed against it is based solely on the

size, or physical appearance.

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ommits an offense if he fails to provide written

( the owner must

sed veterinarian

l of its body. If

a licensed veterinarian, the owner shall

to the Division

anning.

e identity of the

chip scanning.

(2) A person commits an offense if he fails to provide verification of

Section al.

(a) Prior to transferring ownership, offering to transfer ownership, or

tered Dangerous

r shall notify the

on shall include

al.

( son who resides

uired to provide

with all provisions of this

revious owner’s

the owner must

rea.

( mmits an offense if he transfers ownership without complying

with the requirements of this section.

Section 4-905. Violations of conditions by owner of a registered Dangerous Animal.

(a) In the event that any owner of a registered Dangerous Animal violates any

provision of this chapter, court order or lawful order of the Health

Director, the animal may be immediately seized and impounded by a City

Enforcement Agent.

(2) A person c

documentation.

b) In the event that a registered Dangerous Animal dies,

present the body of the animal to the Division or a licen

for verification by microchip identification before disposa

the owner presents the animal to

provide written verification of the microchip reading

within three (3) business days of the sc

(1) A person commits an offense if he fails to have th

dead animal verified by micro

the scanning as required by this subsection.

4-904. Transferring ownership of registered Dangerous Anim

otherwise moving or offering to move in any way a regis

Animal, either inside or outside the City limits, the owne

Health Director in writing of his intention. The notificati

the name and address of the proposed new owner of the anim

b) If ownership of the animal is being transferred to a per

within the City limits of Plano, the new owner will be req

proof to the Health Director of complying

chapter before the animal can be moved from the p

custody.

provide, in writing to the Health Director, proof that the new owner ha

alerted the agency responsible for animal services in that a

d) A person co

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( ediately if the

a human being or another animal.

(

( or violating any

ith safety, and the Dangerous

ng attacked, the

(e)

willful trespass,

er of the animal.

s an exception to the seizure of the animal under this section if the

cure enclosure

nimal.

ay be appealed

unicipal Court.

notice of appeal

ealth Director’s

er of the Health

pounded at the

state approved

all furnish the

urt with all reports, memoranda, and other tangible evidence received

by the Health Director as well as a summary of the evidence presented and the

f receiving notice of

appeal from the appellant. r

d tation to affirm,

m rt shall be made

b f the reviewing

Section 4-907. Animals deemed dangerous by other jurisdictions.

(a) The owner of an animal that has been determined to be dangerous by

another jurisdiction, under guidelines similar to those in this chapter, is

prohibited from bringing the animal into the City. Any animal that is

brought into the City in violation of this section shall immediately be

turned over to a City Enforcement Agent. On the sixteenth (16

) day, the

b) The registered Dangerous Animal shall be seized imm

animal bites, injures, or attacks

c) A Dangerous Animal hearing shall be held.

d) If the seizure or impoundment of a Dangerous Animal f

provision of this chapter cannot be made w

Animal is putting people or other animals at risk of bei

animal may be destroyed without prior notice to the owne

It is an exception to the seizure of the animal under this section if the

person attacked or injured was at the time committing a

crime or other tort upon the premises occupied by the own

(f) It i

animal which was injured was inside the fence line or se

area maintained by the owner of the registered Dangerous A

ction 4-906. Appeal.

Orders of the Health Director pertaining to a Dangerous Animal m

to a court of competent jurisdiction, including the Plano M

Appeals to the court shall be made by the owner filing a written

with the court not later than the fifth (5

) day after the date the H

order was entered. During the pendency of the appeal, the ord

Director shall be suspended, and the animal shall remain im

owner’s expense at the Animal Services Facility or other

quarantine facility for observation. The Health Director sh

reviewing co

Health Director’s findings within five (5) business days o

The reviewing court shall have fifteen (15) calenda

ays from the receipt of the notice of appeal and the documen

odify, or reverse the decision. The decision of the reviewing cou

y the application of the substantial evidence rule. Decisions o

ourt shall be final.

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impounded animal may be considered abandoned and

authorized in this chapter. The owner may elect to imm

the an

disposed of as

ediately remove

imal from the City and shall comply with the notice requirements of

nse if he is the owner of an animal that

be dangerous by another jurisdiction and

its.

n that states the

all animals deemed dangerous. The Dangerous

tures shall be included as well as any other

information deemed pertinent. The list shall be available at the Animal Services

s webpage.

ARTICLE .

Section 00

( ts an offense if he possesses any wild animal within the

ollowing exceptions:

a governmental

lso in possession

te and federal permits to possess the animal and

r federal

habilitator in possession of an indigenous

wild animal who holds all necessary state and federal permits to

possess the animal and is in compliance with all restrictions of the

state and/or federal permits.

(b) For the purposes of this chapter, the Health Director shall make the

determination of whether any animal in question is a domestic animal or a

wild animal and whether any wild animal is indigenous pursuant to the

definitions in section 4-100 of this chapter.

this chapter.

(1) A person commits an offe

has been determined to

brings such animal into the City lim

ction 4-908. Listing of registered Dangerous Animals.

The Health Director shall publish a list available to any citize

identifying information of

Animal’s address, description, and pic

Facility and on the City’

X WILD ANIMALS, BEES, AND LIVESTOCK

4-10 . Keeping wild animals.

a) A person commi

City of Plano, with the f

(1) A governmental agency or entity performing

function;

(2) A zoological park;

(3) A permitted Wildlife Educational Center that is a

of all necessary sta

is in compliance with all restrictions of the state and/o

permits; or

(4) A registered Wildlife Re

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( se if he is aware of a wild animal in the City of

to notify the Division.

Se n

( person commits an offense if he transfers ownership or offers to transfer

provision of this

( from giving ill,

abilitator or to a

er. This section shall not be

trict a permitted Wildlife Educational Center from

transferring wild animals to another educational center, zoological park, or

Section

(a) eir hives, or any

bees may be kept if all of

at least ten (10)

feet from the hive and not less than eight (8) feet in height that

change the flight path of the bees as they leave the hives;

lot;

(3) There is an adequate source of water within twenty (20) feet of all

ive body. Each

days after it is

(5) Each hive must be re-queened at least once every twenty-four (24)

months; and

(6) The owner notifies the City Enforcement Agent, in writing, of the

location and number of hives in his possession. Additionally, the

owner shall keep purchase receipts and written records of the exact

dates he re-queens each hive for at least two (2) years.

c) A person commits an offen

Plano and fails

ctio 4-1001. Sale of wild animals.

a) A

ownership of any wild animal, unless allowed by another

chapter.

b) This section shall not be interpreted to restrict a person

injured, or orphaned wildlife to a registered Wildlife Reh

permitted Wildlife Educational Cent

interpreted to res

other facility capable of legally caring for the animal.

-1002. Bee-keeping. 4

A person commits an offense if he keeps or allows bees, th

abandoned hives within the City limits. Honey

the following conditions are met:

(1) All hives shall be surrounded by barriers placed

(2) There shall be no more than three (3) hives per City

hives;

(4) There may be maintained one nucleus for each two (2) colonies.

The nucleus shall not exceed one ten-frame h

nucleus shall be disposed of within sixty (60)

acquired;

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( sesses bees and

is bees, premises,

e for inspection during reasonable hours.

Se n

( person commits an offense if he keeps livestock within the corporate

g ordinances of

(b) pens or enclosed

are offensive to

( anure and other

from becoming

( ces any falconry

ritten permission

granted for the

( its prior to the

within the City

of this chapter.

( al Centers, school agricultural

ns, and fair grounds, when hogs or swine are kept therein for exhibition

or veterinary treatment purposes, are exempt from this section provided

ilities meet the

inance, and are

from creating a nuisance for

any surrounding businesses or residences.

Section 4-1004. Estray.

(a) A person commits an offense if he is the owner of livestock and allows an

estray to be unattended upon any public street, alley, thoroughfare or upon

the property of another in the corporate City limits of Plano.

b) A person commits an offense if he owns, harbors, or pos

refuses, upon request by the Division, to make h

facilities, or equipment availabl

ctio 4-1003. Keeping livestock; nuisance conditions.

a) A

limits of the City, except in conformance with the zonin

the City.

A person commits an offense if he keeps livestock in

areas in such a manner as to create odors or noise which

other persons living nearby.

c) A person commits an offense if he fails to dispose of m

excrement in such a manner as to prevent the odor

offensive or causing unhealthy conditions to persons.

d) A person commits an offense if he engages in or practi

activities on any public land without obtaining prior w

from the Health Director. Permission may only be

purposes of controlling and removing avian species deemed a nuisance.

e) Any hog or swine being legally kept within the City lim

effective date of this ordinance shall be allowed to remain

so long as the owner complies with all other requirements

f) Veterinary hospitals, Wildlife Education

bar

that all pens, barns, stables, or other housing fac

requirements of the City building code and zoning ord

maintained in such a way as to prevent them

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AR NSES

Se n

( n at-large animal,

person, on his property without

Section

( A person commits an offense if he prevents, interferes with, obstructs, or

t who is in the

local or federal

( y lawful order of

ed by the Agent during the enforcement of

makes a claim of ownership for an

ws is false.

( violation of City

w that he knows is false.

Se tion 02

(a) A person commits an offense if the person transfers ownership, or offers

lly present at an

raffle, auction, or other competition; or

(b) This section shall not be interpreted to restrict any livestock from being

offered for sale at a public auction house or livestock show or barn,

provided that the sale does not otherwise violate any other section of this

chapter or any other state, local or federal law.

certificate or other document that could be exchanged for a live animal on

a subsequent date and time.

TICLE XI. MISCELLANEOUS OFFE

ctio 4-1100. Retention of animals at large.

a) A person commits an offense if the person confines a

other than one already owned by the

notifying the Division of the confinement within twenty-four (24) hours.

4-1101. Interference; Filing of False Claims or Reports.

gives false information to any City Enforcement Agen

lawful discharge of his duties under this chapter, state,

laws.

b) A person commits an offense if he fails to comply with an

a City Enforcement Agent issu

this chapter, state, local or federal laws.

animal that he kno

d) A person commits an offense if he makes a report of a

ordinance or state, local or federal la

c 4-11 . Inducement prohibited.

to transfer ownership, of any live animal which is physica

event or business as a prize or as an inducement:

(1) to enter any contest, game,

(2) to enter into a business agreement.

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Se n

( or other vehicle

animals or fowl in a residential

cle is creating odors, gases or fumes

onable sensibilities.

Section 4-1104. Slaughtering of animals within public view.

in an area that is

Section II

ctio 4-1103. Parking of vehicles used to transport animals.

a) A person commits an offense if he parks a truck, trailer,

that is used for the hauling of livestock,

area of the City of Plano and the vehi

that are offensive to a person of reas

(a) A person commits an offense if he slaughters an animal

open to the view of the general public.”

. All provisions of the Code of Ordinances of the City of Plano, codified or

unc ed, and all other

d, not in conflict

Section III.

odified, in conflict with the provisions of this Ordinance are hereby repeal

provisions of the Code of Ordinances of the City of Plano, codified or uncodifie

with the provisions of this Ordinance shall remain in full force and effect.

It is hereby declared to be the intention of the City Council that the

sec rable, and if any

utional or invalid

t affect any

tions, paragraphs, sentences, clauses, and phrases of this Ordinance are seve

phrase, clause, sentence, or section of this Ordinance shall be declared unconstit

by any court of competent jurisdiction, such unconstitutionality or invalidity shall no

other remaining phrase, clause, sentence, paragraph or section of this Ordinance.

Section IV. The repeal of any Ordinance or part of Ordinances eff

enactment of this Ordinance shall not be construed as abandoning any action no

or by virtue of such Ordinance or as discontinuing, abating, modifying or alte

accruing or

ectuated by the

w pending under

ring any penalty

to accrue, or as affecting any rights of the municipality under any section or

pro e

Section V.

visions at th time of passage of this ordinance.

Any person, firm or corporation found to be violating any term or

provision of this Ordinance, shall be subject to a fine in accordance with Section 1-4(b) of the

City Code of Ordinances for each offense. Every day a violation continues shall constitute a

separate offense.

Section VI. This Ordinance shall become effective immediately upon its passage and

publication as required by law.

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C:\Documents and Settings\Melissap\Local Settings\Temporary Internet Files\OLK72\AS Ord Ch 4 Animals Draft.doc

DULY PASSED AND APPROVED this the _________ day of __________________, 2009.

________________________________

Pat Evans, MAYOR

________________________________

CRETARY

APPROVED AS TO FORM:

________________________________

Diane C. Wetherbee, CITY ATTORNEY

ATTEST:

Diane Zucco, CITY SE