O-2018-6037 - 12/20/2018 I ORDINANCE NO. 0-2018-6037
2
3
4 AN ORDINANCE AMENDING CHAPTER 8, CODE OF ORDINANCES
5 (2018 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING
6 ANIMALS; AND PROVIDING FOR A SAVINGS CLAUSE AND
7 REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
1 o TEXAS:
11 I.
12 That Chapter 8, Code of Ordinances (2018 Edition), City of Round Rock, Texas,
13 is hereby replaced in its entirety and shall read as follows:
14 CHAPTER 8 ANIMALS
15
16 ARTICLE I. IN GENERAL
17
18 Sec. 8-1. Purpose and intent.
19
20 The purposes of this chapter are to promote the public health, safety, and general welfare of the
21 citizens of the city and to ensure the humane treatment of animals by regulating the care and
22 control of animals within the city.
23
24 Sec. 8-2. Definitions.
25 When used in this chapter, the following words, terms, and phrases, and their derivations shall
26 have the meanings ascribed to them in this section, except where the context clearly indicates a
27 different meaning:
28 Animal means any live creature, both domestic and wild, except humans. The term "animal"
29 includes fowl, fish, and reptiles.
30 Animal control means the animal control division of the city police department.
31 Animal control officer means an employee or agent of the city, designated by the chief of police to
32 administer and enforce the licensing, inspection, and enforcement requirements contained within
33 this chapter.
34 Animal hospital means any establishment maintained and operated by a licensed veterinarian for
35 surgery, diagnosis, and treatment of animal diseases and injuries.
36 Animal nuisance means any nuisance arising out of the keeping, maintaining or owning of, or
37 failure to exercise sufficient control of, an animal.
38 Animal Shelter means the Williamson County Regional Animal Shelter.
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I Apiary means a place where one or more bee hives are kept.
2 At large means that an animal is:
3 (1) On the premises of the owner and is not tied, staked, or restrained securely within an
4 enclosure or fence capable of fully and totally securing the animal; or
5 (2) Off the premises of the owner, and is not on a leash under the immediate control of a
6 person physically capable of restraining the animal or is not restrained securely within an
7 enclosure or fence capable of fully and totally securing the animal.
8 Bee means any stage of the common domestic honey bee, Apis mellifera species.
9 Bee colony means a hive and related equipment and appurtenances including bees, comb,
10 honey, pollen, and brood.
11 Cat means any member of the family felis domestics.
12 Collar means any properly fitted collar constructed of nylon, leather, or similar material,
13 specifically designed to be used for a dog.
14 Cruelty means any act or omission whereby unjustifiable physical pain, suffering or death of an
15 animal is caused or permitted, including failure to provide proper drink, air, space, adequate
16 shelter or protection from the elements, a sanitary and safe living environment, veterinary care, or
17 nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily
18 caused, such as in medical and scientific research, food processing, customary and normal
19 veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting,
20 "cruelty" shall mean a failure to employ the most humane method reasonably available.
21 Dangerous animal means one that has made an unprovoked attack on a human being or another
22 animal. A dangerous animal does not include guard or attack dogs as defined in this section, as
23 long as such guard or attack dogs are restrained and confined in compliance with article IX of this
24 chapter.
25 Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or
26 euthanasia humanely administered to an animal. The term "disposition" includes placement or
27 sale of an animal to the general public, or removal of animal from any pet shop to any other
28 location.
29 Dog means any member of the family canis familiaris.
30 Domestic animal includes livestock, caged or penned fowl, pigeons, normal household pets, such
31 as but not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish, or
32 small nonpoisonous reptiles or nonpoisonous snakes.
33 Exotic or wild animal.
34 (1) The term "exotic or wild animal" means any live monkey, alligator, crocodile, cayman,
35 raccoon, opossum, skunk, fox, wolf, hybrid wolf, sea mammal, bear, venomous snake,
36 nonhuman primate, prairie dog, African Serval, member of the feline species other than
37 domestic cat (felis domesticus), member of the canine species other than domestic dog
38 (canis familiarus) or any other animal that would require a standard of care and control
39 greater than that required for customary household pets sold by commercial pet shops or
40 livestock.
2
1 (2) The term "exotic or wild animal" does not include domestic cats (excluding hybrids
2 with ocelots or margays), domestic dogs (excluding hybrids with wolves, coyotes or
3 jackals), farm animals, rodents, and captive-bred species of common cage birds.
4 Feral cat means any member of the species felis catus that is undomesticated, wild, homeless,
5 untamed, or otherwise unaccustomed to human interaction. Other common names include stray
6 cat, barn cat, or community cat.
7
8 Feral cat colony means any population of two or more feral cats that have been released into an
9 area as part of a trap, neuter, and return program.
10
11 Flyway barrier means a solid wall, fence, dense vegetation, or combination of these materials at
12 least six feet high that extends at least 10 feet beyond the hives on each end of the colony.
13 Fowl means any goose, pheasant, chicken, prairie chicken, peacock, guinea, duck, turkey, and
14 other normally undomesticated fowl.
15 Guard or attack dog means a dog trained to attack on command or to protect persons or property,
16 and who will cease to attack upon command.
17 Hive means a structure intended to house a bee colony.
18 Impoundment means the taking into custody of an animal by any police officer, animal control
19 officer, or any authorized representative thereof.
20 Livestock means any horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenney, all
21 species of swine, sheep, goat, llama, all species of cattle, or an emu, ostrich, or rhea.
22 Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over
23 the mouth of an animal to prevent the animal from biting any person or other animal.
24 Microchip means an identifying integrated circuit placed under the skin of an animal, which uses
25 passive RFID (Radio Frequency Identification) technology to identify the animal.
26 Owner means any person or persons, firm, association or corporation, having temporary or
27 permanent custody of, sheltering or having charge of, harboring, exercising control over, or
28 having property rights to, any animal covered by this chapter, including the caretaker of a feral cat
29 colony. An animal shall be deemed to be harbored if it is fed or sheltered for three or more
30 consecutive days.
31 Properly fitted means, with respect to a collar used for a dog, a collar that (a) is the appropriate
32 size for the dog based on the dog's size and body weight, (b) does not choke the dog or impede
33 the dog's normal breathing or swallowing, and (c) is attached to the dog in a manner that does
34 not allow for escape and does not cause pain or injury to the dog.
35 Public nuisance animal means any animal that unreasonably annoys humans, endangers the life
36 or health of persons or other animals, or substantially interferes with the rights of citizens, other
37 than their owners, to enjoyment of life or property. The term "public nuisance animal" shall
38 include, but not be limited to:
39 (1) Any animal that is found running at large more than three times in a 12-month period;
40 (2) Any dog in a park or public recreation area unless the dog is controlled by a leash or
41 similar physical restraint,
3
1 (3) Any animal that damages, soils, defiles, or defecates on any property other than that
2 of its owner;
3 (4) Any animal that makes disturbing noises, including but not limited to continued and
4 repeated howling, barking, whining, or other utterances causing unreasonable
5 annoyance, disturbance, or discomfort to neighbors or others in close proximity to the
6 premises where the animal is kept or harbored;
7 (5) Any animal that causes fouling of the air by noxious or offensive odors and thereby
8 creates unreasonable annoyance or discomfort to neighbors or others in close proximity
9 to the premises where the animal is kept or harbored;
10 (6) Any animal in heat that is not confined so as to prevent attraction or contact with other
I l animals;
12 (7) Any animal, whether or not on the property of its owner, that without provocation
13 molests, attacks, or otherwise interferes with the freedom of movement of persons in a
14 public right-of-way;
15 (8) Any animal that chases motor vehicles in a public right-of-way;
16 (9) Any animal that attacks a domestic animal;
17 (10) Any animal that causes unsanitary conditions in enclosures or surroundings where
18 that animal is kept or harbored;
19 (11) Any animal that is offensive or dangerous to the public health, safety or welfare by
20 virtue of the number of animals maintained at a single residence or the inadequacy of the
21 facility.
22 Riding stable/school or academy means a camp or school where horseback riding is taught on a
23 regular basis for financial gain.
24 Sanitary means a condition of good order and cleanliness to minimize the possibility of disease
25 transmission.
26 Shelter means a clean and sturdy structure that provides the animal with protection from rain,
27 hail, sleet, snow, subfreezing temperatures, sun and excessive heat and is large enough to allow
28 the animal to stand erect, sit, turn around, and lie down in a normal manner.
29 Tract means a contiguous parcel of land under common ownership.
30 Under restraint means that an animal is secured by a leash, or securely enclosed within the real
31 property limits of the owner's premises.
32 Sec. 8-3. Nuisances.
33 It shall be unlawful for any person to keep any animal on any property located within the
34 corporate limits of the city when the keeping of such animal constitutes a public nuisance or
35 menace to public health or safety.
36 Sec. 8-4. Keeping of exotic or wild animals.
4
I It shall be unlawful for anyone to own, harbor, maintain, have in their possession, have on their
2 premises or under their control, or permit at large any exotic or wild animal without the written
3 permission of the chief of police. Such permission shall be given only if it is demonstrated to the
4 satisfaction of the chief of police that the animal will not constitute a threat to public health or
5 safety. If evidence is presented to the chief of police that an exotic or wild animal is constituting a
6 threat to public health or safety, the chief shall have the discretion to revoke previously granted
7 permission to own or keep said animal. The owner of a dangerous wild animal as defined in Sec.
8 822.101 of the Texas Health and Safety Code shall comply with the provisions of Chapter 822,
9 Subchapter E of the said Code.
10 Sec. 8-5. Limit on number of animals permitted.
11 It shall be unlawful for any person to keep animals within the city of such a number that the
12 animals constitute a public nuisance or menace to public health or safety.
13 Sec. 8-6. Limitations on number of fowl.
14 (a) This section shall not apply to property zoned AG or SF-R.
15 (b) It shall be unlawful to own or keep fowl within the corporate limits of the city unless the
16 number is limited and they are kept in enclosed pens as set forth below:
17 (1) If fowl are confined within an enclosed pen which is located 50 feet or more from any
18 building or dwelling occupied by any person other than the owner of the fowl, the number
19 of fowl is limited to no more than ten.
20 (2) If fowl are confined within an enclosed pen which is located less than 50 feet, but
21 more than 25 feet from any building or dwelling occupied by any person other than the
22 owner of the fowl, the number of fowl is limited to no more than five.
23 Secs. 8-7-8-30. Reserved.
24 ARTICLE II. LIVESTOCK
25 Sec. 8-31. Keeping of livestock.
26 (a) This article shall not apply to property zoned AG or SF-R.
27 (b) It shall be unlawful for any person to keep livestock within the corporate limits of the city
28 unless the livestock is being kept in accordance with the following restrictions:
29 (1) Livestock shall be kept on a parcel of land that is at least one acre in size.
30 (2) There shall be no more than one unit (as defined below) of livestock for the first acre
31 of land. There shall be no more than one additional unit of livestock for each additional
32 one-half acre of land in the same parcel. For the purpose of this section, units of livestock
33 shall be defined as follows:
34 a. The following types of livestock shall be counted as one head equals one unit:
35 horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenny, llama, and all
36 species of cattle;
5
I b. The following types of livestock shall be counted as one head equals one-half
2 of a unit: all species of swine; and
3 c. The following types of livestock shall be counted as one head equals one-fifth
4 of a unit: sheep, goat, emu, ostrich and rhea.
5 (3) No livestock shall be permitted to graze, forage, or otherwise roam within 50 feet of
6 any dwelling, residence, or structure used for human occupancy (other than the livestock
7 owner's dwelling or residence).
8 (4) Barns, stables, corrals, sheds, pens or other similar structure where livestock may be
9 housed, fed, or confined, or where food for livestock is stored shall not be located within
10 150 feet of any residence, business or commercial establishment or office (other than the
11 livestock owner's residence, business or commercial establishment or office), grocery
12 store, school building, church, hospital, nursing home, or restaurant or other food service
l3 establishment.
14 (5) Livestock shall be enclosed with adequate fences or barriers that will prevent such
15 livestock from damaging shrubbery or other property situated on adjacent property. Such
16 fences or barriers shall be sufficient to prevent the livestock from escaping the enclosure.
17 (6) The owner keeping any livestock shall keep all yards, barns, pens, stables, sheds or
18 other enclosures in which such animals are confined in such a manner so as not to give
19 off odors offensive to persons of ordinary sensibilities in the immediate vicinity, or to
20 breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to
21 endanger the public health, safety, or welfare, or to create a public nuisance. All yards,
22 barns, pens, stables, sheds or other enclosures in which livestock is confined shall be of
23 a size to allow said animals sufficient space to move freely and not endanger the health,
24 safety, or welfare of the animal or animals.
25 (7) Subsections (b)(1) through (4) of this section shall not apply to a licensed veterinarian
26 at the veterinarian's place of business or a riding stable/school or academy.
27 Sec. 8-32. Unlawful for livestock to be at large.
28 It shall be unlawful for any livestock to be at large off the property of the owner of the livestock.
29 The owner of the livestock found to be at large shall be responsible for the offense and no
30 culpable mental state is required.
31 Sec. 8-33. Impoundment of livestock.
32 Animal control officers are authorized to impound all livestock in violation of sections 8-31 and 8-
33 32, subject to terms and conditions established throughout this chapter. Livestock will be held by
34 a private contractor with the owner being responsible for all impound, transportation, boarding,
35 feeding and any other expenses incurred in impounding the livestock. All fees and charges must
36 be paid prior to release of the livestock.
37 Sec. 8-34. Liability.
38 To ensure the public safety and to avoid serious accidents, any livestock that is in danger of
39 getting on a public roadway will be tranquilized if possible or in extreme cases destroyed by
40 police officers or animal control officers. If it is necessary to tranquilize or destroy livestock to
41 prevent property damage or injuries, the city will not be liable for damages to the owners of said
42 livestock.
6
I ARTICLE Ill. EDUCATIONAL EXEMPTION PERMIT
2 Sec. 8-57. Exemption for educational purposes.
3 Sections 8-31(b)(1) through (4) and 8-6 shall not apply to school-age children enrolled in a public
4 or private school which offers Future Farmers of America (FFA) and/or 4-H Club programs in
5 which the class participants are required or allowed to raise project animals for education, show
6 or profit purposes as long as said children have a valid permit issued pursuant to Section 8-58
7 and in effect at the time.
8 Sec. 8-58. Permit.
9 (a) In order to qualify for the above exemption, the students are required to:
10 (1) Apply for an annual FFA/4-H project permit. Said application shall be signed by the
11 student, the student's parent or guardian, and the student's FFA/4-H teacher/instructor.
12 (2) Provide proof of enrollment in one of the listed school programs.
13 (3) Provide proof that the animals being kept are an integral part of the student's
14 participation in one of the listed school programs.
15 (4) Allow inspection by an animal control officer of the pens, cages, or other facilities and
16 property on which the animals are to be kept before issuance of the permit and at any
17 reasonable time requested thereafter.
18 (b) A permit issued under this section shall be valid only upon the premises identified on the
19 permit and is nontransferable to any other location or person.
20 (c) A permit issued under this section shall expire no later than 12 months from the date of
21 issuance, no later than the day the qualifying person ceases to be an active member in good
22 standing with the listed school program or no later than the day said permit is revoked as
23 provided below, whichever should occur first.
24 (d) An animal control officer may deny the issuance of a permit or revoke a permit previously
25 issued based on any one of the following:
26 (1) False information is provided on the application for the permit.
27 (2) Two or more convictions for violations of this article by the student or the student's
28 parent or guardian.
29 (3) If the animal control officer determines, in the officer's sole judgment, that the animals
30 cannot be or are not being kept at the location in a manner which does not create a
31 nuisance, public health hazard or otherwise violate any other provision of this article.
32 (4) Graduation of the student from high school or the student otherwise not being enrolled
33 in good standing in the listed school program.
34 ARTICLE IV. CARING FOR ANIMALS
35 Sec. 8-90. Basic care for animals.
36
7
I It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide such
2 animal with sufficient wholesome and nutritious food, potable water, veterinary care when needed
3 to prevent suffering, humane care and treatment, and adequate shelter to protect such animal
4 from hot, stormy, cold or inclement weather.
5
6 Sec. 8-91. Safety of animals in parked vehicles; removal if necessary.
7
8 (a) It shall be unlawful to leave any animal in any standing or parked vehicle in such a way as to
9 endanger the animal's health or safety. Any animal control officer or police officer is authorized to
10 use reasonable force, including the breaking of a side window, to remove an animal from a
11 vehicle whenever it appears the animal's health or safety is or soon will be endangered, and said
12 neglected or endangered animal shall be impounded.
13 (b) It shall be unlawful to leave any animal in any standing or parked vehicle unless the animal is
14 safely enclosed within the vehicle; and if the animal is in a standing or parked unenclosed vehicle,
15 including but not limited to convertibles, pickup trucks, jeeps, and flatbed trucks, the animal shall
16 be confined by a vented container or cage, or rope, or other devise cross-tied to prevent the
17 animal from falling or jumping from the motor vehicle or from strangling on a single leash.
18 Sec. 8-92. Abandonment of animals.
19
20 It shall be unlawful for any owner or custodian of any animal to willfully abandon such animal on
21 any street, road, highway or public place, or on private property when not in the care of another
22 person.
23
24 Sec. 8-93. Unsupervised animals.
25
26 If an animal control officer determines that an animal is or will be without proper care because of
27 the owner's injury, illness, incarceration, or other involuntary absence, the animal control officer
28 may impound such animal until reclaimed by its owner. The owner is responsible for all costs
29 associated with the impoundment and must pay all costs before the animal is released. If the
30 animal is not reclaimed by the owner within 72 hours from the date of impoundment, the animal
31 shall become the property of the Animal Shelter.
32
33 Sec. 8-94. Cages, pens, and enclosures.
34
35 Cages, pens and enclosures used to confine animals shall be of sufficient size to maintain all of
36 the animals within such enclosure comfortably and in good health. Said cages, pens and
37 enclosures shall be of a proper material to securely contain all of the animals within such
38 enclosures at all times.
39
40 Sec. 8-95. Rabies vaccination.
41
42 (a) It shall be unlawful for the owner of a dog or cat, or caretaker of a feral cat colony to
43 fail to inoculate the dog or cat from rabies.
44 (b) It shall be unlawful for a dog or cat to be present in the city and not be vaccinated against
45 rabies. Every owner of a dog or cat shall furnish proof of rabies vaccination upon request by
46 an animal control officer. Failure to furnish proof upon request shall create a presumption that
47 the animal has not been vaccinated for rabies. The owner of the animal shall be responsible
48 for the offense and no culpable mental state is required
49
8
I Sec. 8-96. III or injured animals.
2 If in the reasonable opinion of an animal control officer or police officer an animal's life is
3 endangered due to illness or injury, the animal may be humanely euthanized after a
4 reasonable attempt is made to contact the animal's owner.
5 Secs. 8-97-8-116. Reserved.
6 ARTICLE V. CRUELTY TO ANIMALS
7
8 Sec. 8-117: Unlawful actions.
9
10 It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, or intentionally run
11 down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary
12 pain, injury, suffering, or death to such animal; except that reasonable force may be used to drive
13 away vicious or trespassing animals. It shall be unlawful to tease, annoy, disturb, molest or irritate
14 any animal that is on a leash or confined to the owner's premises.
15
16 Sec. 8-118. Poisonous substances.
17
18 It shall be unlawful for any person, except a licensed veterinarian for humanitarian purposes, to
19 administer poison to any animal, or knowingly leave any poisonous substance of any kind or
20 ground glass in any place with the intent to injure any animal. The provisions of this section are
21 not applicable to licensed exterminators using poisons as part of a pest control program or the
22 use of commercial insecticides and rodent baits used to control insects and wild rodents.
23
24 Sec. 8-119. Violation.
25
26 If any person is found guilty of having violated any part of this article, any license or permit held
27 by such person under this chapter shall be automatically revoked.
28
29 Secs. 8-120-8-136. Reserved.
30
31 ARTICLE VI. SANITATION
32
33 Sec. 8-137. Maintaining sanitary conditions on public property.
34 It shall be unlawful for any owner or custodian of any animal to cause or allow such animal to soil,
35 defile or defecate on any public property or upon any street, sidewalk, public way, play area or
36 common grounds owned jointly by the members of a homeowners or condominium association,
37 or upon private property other than that of the owner, unless such owner or custodian
38 immediately removes and disposes of all feces deposited by such animal by the following
39 methods:
40 (1) Collection of the feces by appropriate implement and placement in a paper or plastic
41 bag or other container; and
42 (2) Removal of such bag or container to the property of the animal owner or custodian
43 and disposition thereafter in a manner as otherwise may be permitted by law.
44 Sec. 8-138. Maintaining sanitary conditions of private property.
45
46 It shall be unlawful for any person owning, harboring or keeping an animal within the city to permit
47 any waste matter from the animal to collect and remain on the property of the owner or custodian,
48 or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or
9
I offensive living condition on the owner's or custodian's property, to abutting property of others, or
2 to the animal.
3
4 Sec. 8 -139. Maintaining sanitary conditions.
5
6 It shall be unlawful for any person owning, harboring, keeping, or in charge of any animal to
7 cause unsanitary, dangerous, or offensive conditions by virtue of the size or number of animals
8 maintained at a single location or due to the inadequacy of the facilities.
9
10 ARTICLE VII. MICROCHIPPING OF DOGS AND CATS
11
12 Sec. 8-162. Microchip required.
13
14 (a) It shall be unlawful for any person to own, keep, or harbor any dog or cat over the age of four
15 months within the city unless such dog or cat has been microchipped.
16
17 (b) It shall be an affirmative defense to prosecution under subsection (a) of this section that the
18 animal was a feral cat participating in a trap, neuter, and return program approved by the city.
19
20 (c) It shall be an affirmative defense to prosecution under subsection (a) of this section that the
21 animal has been in the city for less than thirty days.
22
23 Sec. 8-163. Deadlines for Microchipping.
24
25 The owner of a dog or cat over the age of four months shall microchip said
26 animal within 30 days of the animal attaining the age of four months. The owner
27 of a dog or cat that has moved into or been annexed by the city shall microchip
28 said animal within 30 days of moving to or being annexed by the city.
29 Sec. 8-164. Updating microchip ownership information.
30 It shall be unlawful for the owner of a dog or cat to fail to keep the microchip ownership
31 information updated.
32
33
34
35
36 Secs. 8-165-8-199. Reserved.
37
38 ARTICLE VIII.RESTRAINT AND CONFINEMENT GENERALLY
39
40 Sec. 8-200. Restraint of animals.
41 (a) It shall be unlawful for any animal to be at large. An owner of an animal found to be at large
42 shall be responsible for the offense and no culpable mental state is required.
43 (b) It shall be an affirmative defense to prosecution under subsection (a) of this section that the
44 animal was a feral cat participating in a trap, neuter, and return program approved by the city.
45 Sec. 8-201. Cats exempt from leash.
10
I Although cats shall be exempt from any leash requirements, it shall be unlawful for any owner of
2 a cat to allow said cat to stray onto the property of anyone except the owner. Any cat found
3 straying onto the property of anyone except the owner shall be deemed a public nuisance and
4 shall be subject to impoundment.
5 Sec. 8-202. Tying or staking.
6 (a) It shall be unlawful for any animal to be tied or staked upon any open or unfenced lot or land
7 in a manner which allows the animal to come within ten feet of any street, park or other public
8 land or within ten feet of any sidewalk, public passageway or building. An animal tied or staked in
9 violation of this subsection shall be considered at large in violation of section 8-200.
10 (b) If an animal is tied or staked, regardless of location, it shall be unlawful for the tie, or tether
11 securing the animal to be less than ten feet in length or less than five times the length of the
12 animal, whichever is longer. It shall be unlawful to tie, tether, stake or fasten an animal in such a
13 manner as to cause it injury or pain or not permit it to reach shelter, food or water. The owner of
14 the animal or the person actually tying or staking the animal shall be responsible for the offense.
15 (c) Any collar used on a dog shall be a properly fitted collar. It shall be unlawful to use a collar
16 that is a pinch-type, prong-type, a choke-type collar.
17 (d) It shall be unlawful for any person to use a metal chain to tie or stake an animal.
18 Sec. 8-203. Invisible and electronic fences.
19 (a) It shall be unlawful to use an invisible or electronic fence as the sole method to restrain an
20 animal in accordance with this article unless the following conditions are complied with:
21 (1) A sign must be posted within restraint area that indicates an animal is being
22 restrained by an invisible or electronic fence and the type of animal being restrained. This
23 sign must be clearly visible from the street or other public place outside of the restraint
24 area.
25 (2) The invisible or electronic fence must be aligned in a manner which does not allow the
26 animal to come within ten feet of any street, park or other public land or within ten feet of
27 any sidewalk, public passageway or building.
28 (b) An animal restrained in violation of this article shall be considered at large in violation of
29 section 8-200.
30 Section 8-204: Restraint of dogs.
31 Any dog, while on a street, sidewalk, public way in any park, public square, or other public space
32 shall be restrained and secured by a leash or chain of sufficient tensile strength to restrain the
33 particular dog. Said leash or chain shall not be longer than 25 feet in a public park and shall not
34 be longer than six feet on or in any other place. An animal that is not restrained in compliance
35 with this section shall be considered at large in violation of section 8-200. This section shall not
36 apply to a dog that is within the fenced area of a designated leash-free dog park.
37 Sec. 8-205. Preventing an animal from becoming a public nuisance.
38 It shall be unlawful for any owner or custodian of any animal to fail to exercise proper care and
39 control of such animal to prevent the same from becoming a public nuisance.
11
I Sec. 8-206. Restraint when animal in heat.
2 Every female dog or cat in heat shall be confined in a building or other enclosure in such a
3 manner that such female dog or cat cannot come into contact with another animal except for
4 planned breeding. It shall be an affirmative defense to prosecution under this section that the dog
5 or cat has been spayed.
6 Sec. 8-207. Quarantining of animals exposed to rabies.
7 Any dog or cat that has rabies, or symptoms thereof, or that is suspected of having rabies, or that
8 has been exposed to rabies, shall be handled in a manner consistent with state law regarding the
9 disposition of animals exposed to rabies. It shall be unlawful for any owner to fail to comply with a
10 quarantine requirement or condition, including a home quarantine authorized by an animal control
11 officer. If an owner fails to comply, in addition to any criminal penalties, the animal shall be
12 immediately seized and impounded.
13 Sec. 8-208. Dogs permitted in outdoor dining areas.
14 A food establishment, as defined in Chapter 18, may permit a customer to be accompanied by a
15 dog in an outdoor dining area if:
16 (1) The food establishment posts a sign in a conspicuous location stating that dogs are allowed
17 in the outdoor dining area;
18 (2) The customer and the dog access the outdoor dining area directly from the exterior of the
19 food establishment;
20 (3) The dog does not enter the interior of the food establishment;
21 (4) The customer keeps the dog on a leash and controls the dog;
22 (5) The customer does not allow the dog on a seat, table, countertop, or similar surface; and
23 (6) In the outdoor dining area, the food establishment does not:
24 a. Prepare food; or
25 b. Permit open food, except for food that is being served to a customer.
26 Secs. 8-209-8-226. Reserved.
27 ARTICLE IX. RESTRAINT OF GUARD DOGS
28 Sec. 8-227. Confinement of guard dogs.
29 Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or
30 other enclosure. Any such enclosure shall be completely surrounded by a fence at least six feet in
31 height and shall be topped with an anti-climbing device constructed of angle metal braces with at
32 least three strands of equally separated barbed wire stretched between them.
33 Sec. 8-228. Areas of confinement.
34 All anti-climbing devices shall extend inward at an angle of not less than 45 degrees nor more
35 than 90 degrees when measured from the perpendicular. The areas of confinement shall all have
36 gates and entrances thereto securely closed and locked, and all fences properly maintained and
37 escape proof.
12
I Sec. 8-229. Warning sign required.
2 It shall be unlawful for any person to leave any guard or attack dog unattended in any place
3 inside any building unless a warning sign has been placed in a clearly visible location at the
4 premises, located so that it can be seen by any person before entering the premises, warning that
5 a guard or attack dog is present. It shall be unlawful for any person to leave any guard or attack
6 dog unattended in any place outside a building without a warning sign placed in a clearly visible
7 location at the premises, located so that it can be seen by any person before entering the place to
8 which the dog has access, warning that a guard dog or attack dog is present.
9 Sec. 8-230. Exemption.
10 The provisions of this article shall not apply to dogs owned or controlled by government law
1 1 enforcement agencies.
12 ARTICLE X. DANGEROUS ANIMALS
13 Sec. 8-254. Nuisance declared.
14 It is hereby declared to be a public nuisance for an owner or other person to harbor, keep, or
15 maintain a dangerous animal in the city unless the owner complies with the requirements of this
16 article.
17 Sec. 8-255. Offense.
18 It shall be unlawful for any person to own, keep, or harbor a dangerous animal within the city. For
19 purposes of this article, a person is the owner of a dangerous animal when the owner knows of
20 an unprovoked attack committed by the animal against a person or another animal, or when the
21 animal has been determined to be dangerous by the court under this article or any other court or
22 determining body.
23 Sec. 8-256. Defenses.
24 In response to the determination that an animal is a dangerous animal, it is an affirmative defense
25 that:
26 (1) The threat, injury, or damage was sustained by a person who at the time was
27 committing a willful trespass or other tort upon the premises occupied by the owner of the
28 animal;
29 (2) The person was teasing, tormenting, abusing, or assaulting the animal or has in the
30 past been observed or reported to have teased, tormented, abused, or assaulted the
31 animal;
32 (3) The person was committing or attempting to commit a crime;
33 (4) The animal attacked or killed was at the time teasing, tormenting, abusing or attacking
34 the alleged dangerous animal;
35 (5) The animal was protecting or defending a person within the immediate vicinity of the
36 animal from an unjustified attack or assault;
13
1 (6) The animal was injured and responding to pain; or
2 (7) The animal was protecting its offspring, itself, or its kennelmates.
3 Sec. 8-257. Complaints.
4 Should any person desire to file a complaint concerning an animal which is believed to be a
5 dangerous animal, a sworn, written complaint must first be filed with an animal control officer
6 containing the following information or as much information as is known to the complainant:
7 (1) Name, address, and telephone number of complainant and other witnesses;
8 (2) Date, time, and location of any incident involving the animal;
9 (3) Description of the animal;
10 (4) Name, address, and telephone number of the animal's owner, if known;
11 (5)A statement describing the facts upon which such complaint is based; and
12 (6) A statement describing any incidents where the animal has exhibited dangerous
13 propensities in past conduct, if known.
14 Sec. 8-258. Investigation.
15 After a sworn complaint is filed with the animal control officer, the animal control officer shall
16 investigate the complaint and if there be sufficient evidence to believe the animal is dangerous,
17 the animal control officer may file a complaint with the Municipal Court of the City of Round Rock
18 and request the judge of the municipal court to set a time and place for a hearing for a
19 determination.
20 Sec. 8-259. Hearing.
21 (a) Jurisdiction. The jurisdiction for the determination of a dangerous animal in a proceeding
22 brought under this article shall be vested in the Round Rock Municipal Court.
23 (b) Notice. If a complaint or application for a hearing or warrant is filed by an animal control officer
24 with the municipal court, the clerk of the court shall set the case for a hearing and shall give
25 notice of the hearing to the owner of the animal in the complaint by personal service or certified
26 mail, return receipt requested, a least ten days prior to the hearing date. Personal service may be
27 completed by the animal control officer.
28 (c) Impoundment pending hearing. If the animal has not already been impounded, the animal
29 control officer shall seize and impound the animal upon personal service of the notice of hearing
30 on the owner, or three days after the notice of hearing is mailed to the owner by certified mail,
31 return receipt requested. It shall be unlawful for a person to possess and fail to release to an
32 animal control officer an animal that has been made the subject of a hearing under this article. No
33 person shall be allowed to reclaim the animal while a hearing under this article is pending.
34 (d) Purpose of hearing. The purpose of the hearing is for the court to determine if the animal
35 specified in the complaint is a dangerous animal.
36 (e) Result of hearing.
14
1 (1) If the court finds that the animal is a dangerous animal:
2 a. The court shall order that the animal be destroyed or permanently removed
3 from the city, based on the least restrictive means necessary to protect the public
4 health, safety, and welfare of the community according to all of the evidence
5 presented.
6 b. If the owner is not present at the hearing, the clerk shall notify the owner of
7 that decision as well as the ordered disposition of the animal, by personal service
8 or certified mail, return receipt requested. Personal service may be completed by
9 the animal control officer.
10 c. The court shall order that the owner of the animal pay any fees due for the
11 impoundment of the animal prior to the release of the animal.
12 d. If the court orders the removal of the animal from the city, the owner shall have
13 five days from the date of the order to remove the animal. The owner must
14 provide proof of the removal to both the court and animal control within five days
15 after the deadline to remove. Proof of removal shall be considered adequate if
16 and only if it includes both the address of the animal's new permanent location,
17 as well as the new owner's information if applicable. If adequate proof is not
18 provided to the court within the required time, an animal control officer shall
19 investigate and if the animal is found within the city, the animal control officer
20 shall be authorized to immediately seize and impound the animal. Upon
21 impoundment of such animal, the animal becomes the property of the city and it
22 shall be humanely destroyed. If the animal has been previously removed from
23 the city or is not present in the city on the date of the hearing, not including the
24 placement of the animal in the Animal Shelter, the court shall order that the
25 animal shall be permanently banned from the city and not be allowed to return.
26 Failure to comply with these provisions in a timely manner will result in immediate
27 forfeiture of ownership of the animal and the animal becomes the property of the
28 Animal Shelter.
29 e. If the court orders the destruction of the animal, the clerk or the animal control
30 officer shall notify the facility where the animal is kept.
31 (2) If the court finds that the animal is not a dangerous animal, the animal shall be
32 released to the owner upon payment by the owner of any fees due.
33 (f) Unlawful to disobey court order. It shall be unlawful for a person to possess and fail to release
34 an animal that has been ordered destroyed or removed by the court to an animal control officer. If
35 a removed animal is found within the city, it shall be impounded and become the property of the
36 Animal Shelter.
37 Sec. 8-260. Law enforcement defense.
38 It is a defense to enforcement under this article that the person is an employee of the institutional
39 division of the state department of criminal justice or of a law enforcement agency and trains or
40 uses dogs for law enforcement or corrections purposes; provided, however, that for any person to
41 qualify for this defense, that person must be acting within the course and scope of his official
42 duties in regard to the dangerous animal.
43 Sec. 8-261. Other defenses.
15
I It is a defense to enforcement under this article that the person is a veterinarian, a peace officer,
2 a person employed by a recognized animal shelter or a person employed by the state or a
3 political subdivision of the state to deal with stray animals and has temporary ownership, custody
4 or control of the animal; provided, however, that for any person to qualify for this defense, that
5 person must be acting within the course and scope of his official duties in regard to the
6 dangerous animal.
7 Secs. 8-262-8-285. Reserved.
8 ARTICLE XI: SALE OF ANIMALS
9 Sec. 8-286. Commerce in live animals.
10 It shall be unlawful for any person to sell, trade, barter, lease, rent, give away or display for
11 commercial purposes a live animal on a roadside, public right of way, sidewalk, street, parkway or
12 any other public property or any property dedicated to public use, a commercial parking lot, or at
13 an outdoor special sale, swap meet, flea market, parking lot sale or similar event. This article
14 does not apply to a sale held on privately owned property with the written permission of the owner
15 of the property or a parking lot where the seller has the parking lot owner's written permission.
16 Sec. 8-287. Condition of sale.
17 It shall be unlawful for any person to sell, trade, barter, lease, rent, give away or display for
18 commercial purposes any animal unless the following conditions are met:
19 (1) All animals sold or transferred shall be a minimum of eight weeks of age, unless sold with the
20 mother.
21 (2) Each animal transferred shall be born and raised until at least eight weeks of age in
22 Williamson or Travis Counties at a facility operating and licensed pursuant to all
23 applicable Federal, State, and local laws and regulations.
24 (3) If the animal is kept in a cage or pen, the cage or pen must be large enough for the
25 animal to stand on all of its legs and hold its head in a natural position and not be in a
26 crouched position. The cage or pen must also have enough room for the animal to turn
27 around or move naturally without stepping on another animal, animal feces, or food or
28 water provided for the animal.
29 (4) The cage or pen must have water and food contained therein or have water and food
30 situated so that the animal has access to it through the cage or pen.
31 (5) The cage or pen must be situated so that air may circulate through it, so that any
32 animal kept therein is not exposed to extreme heat. During cold or inclement weather,
33 cages or pens shall be situated so that animals contained therein shall stay warm and
34 dry.
35 (6) The flooring of the cage or pen must be made of a solid, non-permeable material.
36 Sec. 8-288. Sale of dyed animals.
37 It shall be unlawful for any person to sell, offer for sale, raffle, offer or give as a prize, premium or
38 advertising device, give away or display any animal that has been dyed or otherwise artificially
39 colored.
16
I Secs. 8-289-8-309. Reserved.
2 ARTICLE XII. IMPOUNDMENT
3 Sec. 8-310. Property owners may impound.
4 Any person finding an animal at large upon his property may remove the same to any animal
5 shelter that will take possession of the animal. If no such shelter is available, the property owner
6 may hold the animal in his own possession and, as soon as possible, notify animal control. The
7 property owner shall provide a description of the animal and the name of the owner, if known.
8 Animal control shall dispatch an animal control officer to take possession of the animal.
9 Sec. 8-311. Reasons for impoundment.
10 In addition to any other remedies provided in this article, an animal control officer or a police
11 officer may seize, impound, and humanely confine to the Animal Shelter any of the following
12 animals:
13 (1) Any dog or cat without a valid, microchip;
14 (2)Any animal at large;
15 (3) Any animal constituting a public nuisance or considered a danger to the public;
16 (4) Any animal that is in violation of any quarantine or confinement order of the local
17 rabies control authority;
18 (5)Any unattended animal that is ill, injured, or otherwise in need of care;
19 (6)Any animal that is reasonably believed to have been abused or neglected;
20 (7)Any animal that is reasonably suspected of having rabies;
21 (8) Any animal that is charged with being potentially dangerous, or dangerous where an
22 animal control officer determines that there is a threat to public health and safety;
23 (9) Any animal that a court of competent jurisdiction has ordered impounded or
24 destroyed;
25 (10) Any animal that is considered unattended or abandoned, as in situations where the
26 owner is deceased, has been arrested or evicted from his regular place of residence;
27 (11) Any exotic or wild animal that is kept illegally;
28 (12) Any animal that is in violation of this article or whose owner is in violation of this
29 article.
30 Sec. 8-312. Issuance of notice or citation.
31 In addition to, or in lieu of, impounding an animal found at large, an animal control officer or a
32 police officer may issue to the known owner of such animal a citation for a violation of this article.
33 Sec. 8-313. Williamson County Regional Animal Shelter
17
1
2 The Animal Shelter board of directors shall have the authority to adopt reasonable rules and
3 regulations regarding the operation of the shelter, including but not limited to the following:
4
5 (1) the length of impoundment of animals
6 (2) when impounded animals become the property of the Animal Shelter,
7 (3) dealing with sick or injured animals,
8 (4) procedures for reclaiming impounded animals,
9 (5) impoundment fees
10 (6) voluntary release by owner to the Animal Shelter, and
11 (7) release in lieu of impoundment.
12
13
14 Secs. 8-313-8-341. Reserved.
15 ARTICLE XIII.ENFORCEMENT
16 Sec. 8-342. Establishment.
17 The chief of police shall appoint an animal control officer and such assistants as may be required
18 to enforce this chapter.
19 Sec. 8-343: Supervisor.
20 The supervisor of animal control is hereby designated as the local health authority for the
21 purposes of V.T.C.A., Health and Safety Code ch. 826 (Rabies Control Act of 1981) and shall be
22 responsible for performing duties and responsibilities provided herein.
23 Sec. 8-344. Enforcement duties.
24
25 (a) Animal control officers or other designees of the chief of police shall be the enforcement
26 officials for this chapter as well as all other applicable animal related ordinances contained within
27 the city code and state laws. These officials, along with police officers, shall have the authority to
28 act on behalf of the city and animal control in investigating complaints, impounding and destroying
29 animals, issuing citations, and taking other lawful actions as required to enforce the provisions of
30 this chapter and other animal related ordinances within the city code including the rules
31 established in section 26-26.
32
33 (b) An animal control officer or peace officer may apply for and obtain a warrant or other
34 legal writ from the municipal judge or justice court to seize any animal alleged to be in violation of
35 this chapter. The municipal judge or justice of the peace shall have the authority to issue such
36 warrant.
37
38
39 Sec. 8-345. Interference with animal control officer.
40
41 It shall be unlawful for any person to interfere with any animal control officer or other enforcement
42 official in the performance of his duties.
43
44 Sec. 8-346. Self defense.
45
46 Upon attack by an animal, an animal control officer can defend himself or a complainant, at his
47 discretion, taking such means as he deems necessary in that situation.
18
1
2 Sec. 8-347. Private property.
3
4 For purposes of discharging the duties imposed by this chapter, and to enforce the same, an
5 animal control officer or other authorized representative may enter upon private property to the
6 full extent permitted by law, which shall include but not be limited to entry upon private property
7 when in pursuit of any animal which he or she has reason to believe is subject to impoundment
8 pursuant to the provisions of this chapter or other applicable laws. An animal control officer shall
9 have the right to pursue and apprehend an animal which is at large or a free roaming cat onto
10 private property without first requesting permission from the owner of the property before entering
11 the property or without obtaining a search warrant.
12
13 Sec. 8-348. Entry and inspection.
14 (a) Whenever it is necessary to make an inspection to enforce any of the provisions of or to
15 perform any duty imposed by this chapter or other applicable law regarding animals, or whenever
16 an animal control officer has reasonable cause to believe that there exists in any building,
17 structure or upon any premises any violations of this chapter or other applicable law, the officer is
18 hereby authorized to enter such property at any reasonable time and to inspect the same and to
19 perform any duty imposed upon the officer by this chapter or other applicable law, provided that if
20 such property is occupied, the officer shall first present proper credentials to the occupant and
21 request to enter, explaining the reason therefor and obtaining permission from said occupant.
22 (b) Notwithstanding the foregoing, if the officer has reasonable cause to believe that the keeping
23 or the maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate
24 inspection to safeguard the animal or the public health or safety, the officer shall have the right to
25 immediately enter and make such inspection, whether or not permission to inspect has been
26 obtained. If the property is occupied, the officer shall first present proper credentials to the
27 occupant and demand entry, explaining the reasons therefor and the purpose of inspection.
28 (c) Whenever an animal control officer is denied admission to inspect any premises under this
29 chapter and the officer cannot determine whether violations exist on the premises, the animal
30 control officer is authorized to request a warrant for the inspection of the premises from the
31 municipal judge, a magistrate, or justice court to enter and inspect the premises.
32 Sec. 8-349. Violations.
33 It shall be a violation of the chapter to:
34 (1) Fail to comply with any provision of this chapter;
35 (2) Fail to comply with any lawful order of animal control, an animal control officer, or
36 police officer unless such order is lawfully stayed or reversed.
37 ARTICLE XIV.BEEKEEPING
38
39 Sec. 8-351. Apiary maintenance.
40
41 (a) A person shall keep a bee colony in a Langstroth-type hive with removable frames that is
42 maintained in sound and usable condition.
43
44 (b) A person shall provide a source of water to a bee colony to prevent the bees from
45 congregating at a water source used by a human, bird, or domestic pet.
46
19
I (c) A person shall store or dispose of bee comb or other material removed from a hive in a sealed
2 container, building, or other bee-proof enclosure.
4 Sec. 8-352. Hive location.
5
6 (a) A person may not locate a hive within 10 feet of the property line of a tract, as measured from
7 the nearest point of the hive to the property line.
8
9 (b) A person who keeps a bee colony within 25 feet of the property line of a tract, as measured
10 from the nearest point of a hive to the property line, shall establish and maintain a flyway barrier
1 1 parallel to the property line.
12
13 Sec. 8-353. Control of aggressive bee colony.
14
15 (a) A person shall immediately replace the queen in a bee colony that exhibits aggressive
16 characteristics, including stinging or attempting to sting without provocation, or a disposition
17 towards swarming. A person required to replace a queen under this subsection shall select the
18 replacement from bee stock bred for gentleness and non-swarming characteristics.
19
20 (b) As required for swarm management, a person may maintain a nucleus bee colony for each
21 two bee colonies allowed under this chapter. A person may house a nucleus bee colony in a
22 structure not exceeding a standard 9 5/8 -inch depth ten-frame hive body with no supers
23 attached. A person shall dispose of or combine a nucleus bee colony with an authorized bee
24 colony not later than the 30th day after the date the nucleus bee colony is acquired.
25
26 Sec. 8-354: Bee colony density.
27
28 A person may not keep more than:
29
30 (1) Two bee colonies on a tract one-quarter acre or smaller;
31
32 (2) Four bee colonies on a tract larger than one-quarter acre but smaller than one-half
33 acre;
34
35 (3) Six bee colonies on a tract one-half acre or more but smaller than one acre;
36
37 (4) Eight bee colonies on a tract one acre or more.
38
39 (5) A person may keep an unlimited number of bee colonies on a tract in which all hives
40 are located at least 200 feet from each property line of the tract; or adjacent to vacant
41 property for at least 200 feet from any hive. Vacant property means property that is not
42 improved for human use or occupancy, including property used as a street or highway.
43
44 Sec. 8-355. Hive identification.
45
46 (a) Except as provided in Subsection (b), a person shall post a conspicuous sign displaying the
47 apiary owner's name and telephone number at the entrance to the apiary tract.
48
49 (b) A person is not required to place owner identification on or near a bee colony located on a
50 tract on which the owner resides.
51
52 Sec. 8-356: Enforcement.
53
54 An owner found to be in violation of any provision contained herein Article XIV shall have their
55 bees declared a public nuisance and will be subject to all penalties under Section 8-3.
56
57
20
I ARTICLE XV. FERAL CATS
2
3 Sec.8-361. Establishment of a feral cat colony.
4
5 (a) A feral cat colony may be established within the city limits of Round Rock provided that the citizen
6 wishing to establish the feral cat colony agrees to become the feral cat colony caretaker and obtains
7 written permission from the animal control supervisor to be renewed on a yearly basis.
8 (b) Feral cat colonies within the city limits of Round Rock must meet the following requirements:
9
10 (1) No feral cat colony shall be established on public or private property without first
11 obtaining written permission from the property owner; and
12
13 (2) No feral cats shall be brought into a feral cat colony from outside the city limits of
14 Round Rock.
15
16 Sec. 8-362. Requirements for feral cats.
17
18 The feral cat colony caretaker shall be responsible to ensure that every cat within the feral cat
19 colony has met each of the following requirements:
20
21 (1) Sterilization by a licensed veterinarian resulting in a tipped ear for recognition
22 purposes; and
23
24 (2) Vaccination against communicable diseases, particularly rabies, in accordance with
25 best practices for feral cats by a licensed veterinarian.
26
27 Sec.8-363. Record keeping.
28
29 (a) The feral cat colony caretaker must maintain accurate records of the feral cat colonies in their
30 trap, neuter, and return program. The records must include:
31
32 (1) The location and size of each feral cat colony; and
33
34 (2) The date and veterinary clinic location for each feral cat's spay/neuter; and
35
36 (3) The date of vaccination against the rabies virus in accordance with Section 8-164.
37
38 (b) The animal control unit may request copies of these records at any time. Failure to provide
39 such records may result in the revocation of the permit to operate a feral cat colony by the animal
40 control supervisor under Section 8-361.
41
42 Sec.8-364. Enforcement.
43
44 (a) Any feral cat impounded by animal control shall be identified by its left ear tip and immediately
45 released to the appropriate feral cat colony unless one of the following exceptions is made:
46
47 (1) A feral cat has been impounded multiple times on the same property, and the property
48 owner wishes to have the feral cat declared a public nuisance under Section 8-3. If a feral
49 cat is declared a public nuisance, the feral cat colony caretaker shall be given seven (7)
50 days to relocate the cat outside of the city limits of Round Rock.
51
52 (2) A feral cat that has been determined by an animal control to require immediate
53 veterinary care shall be impounded and taken to the Williamson County Regional Animal
54 Shelter or a licensed veterinarian for any necessary treatment. If the feral cat is to be
55 reclaimed, the feral cat colony caretaker shall be responsible for paying all accrued
56 medical expenses prior to the release of the cat back into their custody.
57
21
1 (3) A feral cat has bitten any human that requires the animal to be immediately
2 quarantined for rabies observation in accordance with Chapter 826, Subchapter E of the
3 Texas Health & Safety Code. If the feral cat is to be reclaimed, the feral cat colony
4 caretaker shall be responsible for paying all accrued quarantine expenses prior to the
5 release of the cat back into their custody.
6
7 (b) Any feral cat impounded at the animal shelter under Article XV may be immediately returned
8 by any citizen to the location where it was initially trapped provided:
9
10 (1) The feral cat has met all requirements outlined by Section 8-362; and
11
12 (2) The feral cat has not been declared a public nuisance under Section 8-3.
13
14 (c) The city reserves the right to immediately seize and remove any and all feral cats from a feral
15 cat colony if:
16
17 (1) A feral cat colony violates any section contained herein Article XV; or
18
19 (2) The feral cat colony poses a risk to public health or safety due to a suspected
20 exposure to the rabies virus or any other zoonotic or epizootic diseases; or
21
22 (3) Any feral cat is declared a public nuisance under Section 8-3, and the colony
23 caretaker fails to remove the feral cat from the city limits of Round Rock within the seven
24 (7) day enforcement period; or
25
26 (4) Any other reason not listed in Section 8-364 if the animal control supervisor
27 determines continuation of the feral cat's residency is not in the best interest of the city.
28
29 III.
30
31 That Appendix A — Fees, Rates, and Charges, Chapter 8, Code of Ordinances
32 (2018 Edition), City of Round Rock, Texas, is hereby amended to read as follows:
34 APPENDIX A— FEES, RATES, AND CHARGES
35 CHAPTER 8 —ANIMALS
36 ARTICLE IV - CARING FOR ANIMALS
37
8- $5.00 per sterilized animal
166 Microchip fee $10.00 per non-sterilized
animal
8- Re-issuance microchip fee for malfunctioning/destroyed $5.00 per sterilized animal
173 microchips $10.00 per non-sterilized
animal
Medical costs Actual costs incurred
22
1 ...............2
3 II.
4
5 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
6 expressly repealed.
7 B. The invalidity of any section or provision of this ordinance shall not
8 invalidate other sections or provisions thereof.
9 C. The City Council hereby finds and declares that written notice of the date,
10 hour, place and subject of the meeting at which this Ordinance was adopted was posted
11 and that such meeting was open to the public as required by law at all times during
12 which this Ordinance and the subject matter hereof were discussed, considered and
13 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
14 Government Code, as amended.
15 READ and APPROVED on first reading this the day of
16 ( � , 2 018.
17 READ, APPROVED and ADOPTED on second reading this the day of
18 , 2018.
19
20
21 CRAIG M RGAN, ayor
22 City of Round Roc , Texas
23
24 ATTEST:
25
26
27 SARA L. WHITE, City Clerk
23