Lowry Crossing Civic Hub

Chapter 2: Animal Control

City of Lowry Crossing, TX Code of Ordinances

ARTICLE 2.01

GENERAL PROVISIONS

§ 2.01.001 Definitions.

As used in this chapter, the following terms are defined as set forth below:

Abandon. To leave unattended for more than seventy-two (72) hours or without making reasonable

arrangements for assumption of custody by another person.

Animal. Any living creature, including but not limited to dogs, cats, cows, horses, birds, fish,

mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings.

Animal control authority. The individual employed, contracted with, designated or appointed by the

city for the purpose of enforcing the provisions of this chapter and state laws relating to the health,

care, and safety of animals. This term also includes employees or agents of the animal control authority

acting on the animal control authority’s behalf.

Animal shelter. A facility that collects, impounds, or keeps stray homeless, abandoned, or unwanted

animals and operates in compliance with state law.

Animal units. Animal units (AU) are used in the permitting, registration and the environmental review

process because they allow equal standards for all animals based on size and manure production. An

AU is calculated by multiplying the number of animals by an animal unit factor for the specific type of

animal. When more than one type of animal is planned for a property, the AU is the sum of the AU for

each type of animal.

Apiary. Any place where one (1) or more colonies of bees are located.

At-large. An animal shall be deemed to be at large when it is off the property of its owner or the private

property of another with permission, and not under the physical restraint (as defined in this section) of

a person.

Beekeeper. A person who owns or has charge of one (1) or more colonies of bees.

Beekeeping equipment. Anything used in the operation of an apiary, such as hive bodies, supers,

frames, top and bottom boards, and extractors.

Carcass. The dead body of an animal.

Carrion. The decaying flesh of dead animals.

Cat. All species or varieties of Felis catus, male or female.

Colony. Bees in any hive including queens, workers, or drones.

Cruelly treat. Includes the following: Torture, seriously overwork, unreasonably abandon,

unreasonably deprive of necessary food, care, or shelter, cruelly confined, caused to fight with another

animal, or subjected to conduct prohibited by section 21.09, Penal Code.

Dam. A female parent of an animal.

Dangerous dog. For the purpose of and procedures for identifying, declaring, and regulating dangerous

dogs, the city declares that it follows the provisions of the Texas Health and Safety Code section 822,

subchapters A and D, as amended. A dangerous dog. Any dog that, according to the records of the

appropriate authority:

(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other

than an enclosure in which the dog was being kept and that was reasonably certain to prevent the

dog from leaving the enclosure on its own; or

(2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and

that was reasonably certain to prevent the dog from leaving the enclosure on its own and those

acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that

person; or

(3) Any dog that the animal control authority has deemed dangerous.

Dangerous wild animal. Any animal defined as a dangerous wild animal the Texas Health and Safety

Code section 822.101, as amended, and the following:

(1) A lion;

(2) A tiger;

(3) An ocelot;

(4) A cougar;

(5) A leopard;

(6) A cheetah;

(7) A jaguar;

(8) A bobcat;

(9) A lynx;

(10) A serval;

(11) A caracal;

(12) A hyena;

(13) A bear;

(14) A coyote;

(15) A jackal;

(16) A baboon;

(17) A chimpanzee;

(18) An orangutan;

(19) A gorilla; or

(20) Any hybrid of animal listed in this definition.

Dog. All members of Canis familiaris, male and female.

Euthanasia/euthanize. The act of causing the death of an animal by a method that complies with the

applicable methods, recommendations, and procedures as set forth in the American Veterinary Medical

Association Guidelines for the Euthanasia of Animals.

Harboring of animals. The permanent or temporary keeping, caring, and raising of an animal, including

but not limited to, feeding and providing water for the animal.

Hive. A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which

may be used to house bees.

Honeybee. The common honeybee, Apis mellifera species, at any stage of development, but not

including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.

Impoundment. To seize and take custody of an animal by the animal control authority, law enforcement

officer, or veterinarian.

Kennel. Any lot, building, structure, enclosure, or property wherein five or more dogs, five or more

cats, or five or more dogs and cats in the aggregate are kept or maintained at any time for the purpose

of engaging in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling

dogs and/or cats. The term “kennel” does not include a grooming parlor where no animals are kept

overnight, or a veterinary clinic.

Law enforcement officer. Any peace officer as defined in the Texas Code of Criminal Procedure article

2.12.

Local rabies control authority. The officer designated to act as the local rabies control authority for the

purposes of enforcing the Local Rabies Control Act of 1981.

Litter. The group of offspring born at the same time from a multiparous animal.

Livestock. Horses, mules, cattle, poultry, hogs, goats and sheep of any and all kinds, fallow deer,

llamas, alpacas, emus and ostriches, and shall include both the male and female species of such

animals.

Mason bee. The common mason or blue orchard bee in the genus Osmia, of the family Megachilidae.

Multiple pet owner. A person who keeps or harbors more than five dogs, five cats or any combination

of five dogs and cats that are older than sixteen (16) weeks.

Owner. A person who owns or has custody or control of an animal.

Person. Any individual, firm, association, partnership, or corporation or any other legal entity.

Police animal. Any animal used by a law enforcement agency or its officers in the administration of

official duties.

Prohibited animal. An animal not normally considered domesticated, including, but not limited to,

a venomous lizard, poisonous snake, raccoon, skunk, fox, bear, elephant, kangaroo, monkey,

chimpanzee, antelope, white tail or mule deer, any protected, threatened, or endangered species as

defined by the state parks and wildlife commission and the U.S. Fish and Wildlife Service, or any other

wild animal capable of, or included to do, serious bodily harm to humans, or animals or fowl.

Proper enclosure of a dangerous dog. Secure enclosure of a dangerous dog means a fenced area or

structure that is:

(1) Locked;

(2) Capable of preventing the entry of the general public, including children;

(3) Capable of preventing the escape or release of a dog;

(4) Clearly marked as containing a dangerous dog; and

(5) In conformance with the requirements for enclosures established by the local animal control

authority.

Property. Property a person is entitled to possess or occupy under a lease or other agreement, or

because of ownership. This includes the land, together with any buildings or structures situated

thereon, a residence or a dwelling.

Quarantine. Strict confinement of an animal under restraint by closed cage or paddock, on private

premises approved by the animal control authority.

Rabies. An acute viral disease of man and animal affecting the central nervous system and usually

transmitted by an animal bite.

Restraint.

(1) When on an owner’s property, to control an animal by physical means sufficient for that animal

so that it remains on the premises of the owner so long as the restraint does not violate the terms

of section 2.02.001 “animals at-large”; or

(2) When off an owner’s property, by means of a cage, or leash, or rope under the direct control of a

person; or

(3) Within a vehicle being driven or parked on the streets.

Sanitary. Keeping property in a condition as to not negatively impact the hygiene and health of the

community, by using measures to guard against infection or disease.

Secure. To take steps that a reasonable person would take to ensure a dog remains on the owner’s

property, including confining the dog in an enclosure that is capable of preventing the escape or release

of the dog.

Serious bodily injury. An injury characterized by severe bite wounds or severe ripping and tearing of

muscle that would cause a reasonably prudent person to seek treatment from a medical professional and

would require hospitalization without regard to whether the person actually sought medical treatment.

Stray animal. Roaming with no physical restraint beyond the premises of an animal’s owner or keeper.

Unprovoked. An action by an animal that is not in response to be tormented, abused, teased or assaulted

by any person; in response to pain or injury; or in protection for itself or its food, kennel, immediate

territory or nursing offspring.

Vaccinated. Properly injected with a rabies vaccine licensed for use in that species by the United States

Department of Agriculture and administered by a veterinarian licensed to practice in the state in an

amount sufficient to provide an immunity.

Veterinarian. A person licensed to practice veterinary medicine.

Vicious animal. Any individual animal that has on two previous occasions, without provocation,

attacked or bitten any person or other animal, or any individual animal which the local health authority

or his representative has reason to believe has a dangerous disposition likely to be harmful to humans

or other animals.

Weaning. The process of removal of the offspring from the dam as a source of nutrition and

conditioning.

Wild animal. Includes all species of animals that commonly exist in a natural unconfined state and

are usually not domesticated. This shall apply regardless of state or duration of captivity. The term

shall include but is not limited to: foxes, panthers, wolves, alligators, crocodiles, apes, elephants,

rhinoceroses, and all forms of poisonous or constricting reptiles, and other like animals. This term is

also inclusive of the definition in section 822 of the Texas Health and Safety Code.

(Ordinance 309 adopted 12/11/18)

§ 2.01.002 Enforcement.

(a) Enforcement of this chapter shall be the responsibility of the animal control authority;

(b) The animal control authority shall have the authority to issue citations for any violation of this

chapter;

(c) If a person cited is not present, the animal control authority may send notice of violation to the

alleged offender by registered or certified mail or may place the notice on the front door of the

offender’s residence;

(d) The animal control authority, after being refused access to a building, structure, or property, or

any part thereof, shall be authorized to obtain a search and seizure warrant if the animal control

authority is able to demonstrate probable cause to believe that there may be a violation of this

chapter, or that there is a need to inspect and to verify compliance with this chapter or any permit

or order issued hereunder, or to protect the overall public health, safety and welfare of the

community;

(e) It shall be unlawful for any person to interfere with the animal control authority in the

performance of his/her duties;

(f) The animal control authority shall have the authority to cause an animal to be impounded in

accordance to the provisions of this chapter;

(g) The animal control authority shall have the authority to use a tranquilizer gun in the lawful

discharge of his/her duties; and

(h) Police animals are exempt from the provisions of this chapter.

(Ordinance 309 adopted 12/11/18)

§ 2.01.003 Fees.

All fees for transporting animals, impoundment or quarantine of animals (including daily handling

costs), disposal of animals, or permit fees are stated on the schedule of fees adopted by the city and

used by the animal control authority.

(Ordinance 309 adopted 12/11/18)

ARTICLE 2.02

CARE AND CONTROL

§ 2.02.001 Animals at-large.

(a) It shall be unlawful for any person to allow an animal possessed, kept or harbored, other than a

cat, to go beyond the property line of where the animal is harbored unless the animal is under the

physical restraint of the owner, or a person authorized by the owner, by leash, cord, chain, rope,

or enclosed animal carrier;

(b) Upon the complaint to the animal control authority that a cat has caused a nuisance or hazard to

the health or welfare of the human or animal population, a law enforcement officer may

determine such cat to be at-large as defined in this chapter;

(c) The animal control authority is authorized to impound any animal found to be at-large;

(d) The animal control authority is authorized to pursue animals onto private and public property for

the purpose of impounding animals that roam at large in violation of this chapter.

(Ordinance 309 adopted 12/11/18)

§ 2.02.002 Treatment of animals, food, water, and shelter.

(a) It is unlawful for a person to cruelly treat an animal or to treat an animal in an inhumane manner;

(b) A person shall provide necessary food and water to an animal in his charge or custody;

(c) It is an offense to abandon an animal without making adequate arrangements for the treatment

and care of the animal;

(d) A person shall provide shelter for animals, other than pastured livestock, that provides protection

from the elements, in compliance with all city codes regulating zoning and accessory structures;

(e) A person commits an offense if the person leaves a dog outside and unattended by use of a

restraint that unreasonably limits the dog’s movement:

(1) Between 10:00 p.m. and 6:00 a.m.;

(2) Within 500 feet of any school property;

(3) In the case of extreme weather conditions, including:

(A) Outdoor temperature below 32 degrees Fahrenheit;

(B) Heat advisory has been issued; or

(4) A restraint unreasonably limits a dog’s movement if:

(A) It involves a pinch-type, prong-type, or choke-type of collar;

(B) Is shorter than 10 feet;

(D) Causes injury to the dog.

(f) A person commits an offense if the person restrains an animal in a manner that prevents the

animal from accessing adequate shelter, food, and water; or in such a manner that the animal

could become entangled or injured;

(g) It shall be unlawful for a person to confine an animal in such a manner that prevents the animal

from being able to stand to its full height, to stretch out, to turnaround and lie down, or to make

normal postural adjustments comfortably for an unreasonable amount of time;

(h) It shall be unlawful for a person to confine an animal in such a way that the animal is forced to

stand or lay in its own feces, urine, standing water, or other unsanitary conditions; and

(i) It shall be unlawful for a person to confine an animal in a parked or standing vehicle, a trailer, or

an enclosure under such circumstances and for such a time as to endanger the animal’s health,

safety, or welfare. Law enforcement officers or the animal control authority may, after attempting

to locate the animal’s owner, remove the animal from a vehicle or enclosed space using any

reasonable means, including breaking a window or lock. If professional services are required to

remove the animal, the owner is responsible for the cost. Law enforcement officers or the animal

control authority who removes an animal from a vehicle or enclosed space in accordance with

this subsection is not liable for any resulting property damage.

(Ordinance 309 adopted 12/11/18)

§ 2.02.003 Rabies vaccination requirements for dogs and cats.

(a) The city hereby adopts chapter 826, Texas Health and Safety Code, entitled “Rabies Control Act

of 1981” in its entirety.

(b) The city hereby appoints the animal control authority as the local rabies control authority for the

municipality.

(c) The owner, keeper, or harborer of any cat or dog within the limits of the city commits an offense

if the person possesses a cat or dog that is older than 16 weeks of age if that cat or dog does not

have a current and unexpired rabies vaccination.

(d) The owner, keeper, or harborer of any cat or dog within the limits of the city commits an offense

if the person is unable to provide a current and valid owner vaccination certificate when requested

by the animal control authority.

(e) For purposes of enforcing this section, any person who has control of a cat or dog or an person

who lives in the same residence as the cat or dog may be presumed the “owner, keeper, or

harborer” of the cat or dog.

(f) It is a defense to prosecution if the owner, keeper, or harborer of any cat or dog provides evidence

that the cat or dog had current rabies vaccination, by a licensed veterinarian, on the day of the

offense.

(Ordinance 309 adopted 12/11/18)

§ 2.02.004 Maximum number of animals per property.

(a) It shall be unlawful for any person to harbor more than five (5) dogs or cats over the age of sixteen

(16) weeks, or any combination thereof, on any one (1) property that is one (1) acre or less within

the city.

(b) For properties greater than one (1) acre, a person may only harbor five (5) dogs or cats over the

age of sixteen (16) weeks, or any combination thereof, unless the person has a valid and current

multiple pet owner permit granted in accordance with this chapter.

(c) A person with a valid and current multiple pet owner permit may not harbor more dogs, cats, or

combination thereof than permitted by the permit.

(d) An animal shelter in compliance with all state laws, including duly trained animal control

officers, inspected by licensed veterinarians, and in compliance with all regulations for housing

and sanitation; and in compliance with all local regulations, including the city’s comprehensive

zoning ordinance, as amended, is exempt from this section.

(e) It is an affirmative defense to prosecution that a person was temporarily providing shelter for a

dog or cat, defined as no more than fourteen (14) days within a one-month period, because of a

force majeure such as war, strike, riot, tornado, flood, earthquake, or other unforeseen superior

force.

(Ordinance 309 adopted 12/11/18)

§ 2.02.005 Defecation of animals on public or private property.

It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a

sanitary manner, feces left by a dog, cat, or other animal being owned, handled, or controlled by that

person:

(1) Upon a public area, including but not limited to walks, parks, recreation areas, sidewalks,

parkways, public streets, alleys, school grounds, any common areas of an apartment house, or

any common area of an office or commercial building; or

(2) Upon private property other than the property of the owner, handler or controller of such animal.

(Ordinance 309 adopted 12/11/18)

§ 2.02.006 Sanitary conditions.

It shall be unlawful for any person in the city to allow property upon which an animal is kept to become

unsanitary, a danger to human health, allow for the spread of disease or infection, or create a breading

ground for insects and rodents.

(Ordinance 309 adopted 12/11/18)

§ 2.02.007 Animal nuisances.

A person commits an offense if he or she allows an animal nuisance to exist within the city. Animal

nuisances are those conditions that cause inconvenience, hazards, or annoyance to a person of

reasonable sensibilities. The following items are hereby declared animal nuisances:

(1) Harboring an animal in a manner that violates city zoning regulations;

(2) Harboring an animal in violation of this chapter;

(3) Allowing an animal, other than a cat, to roam beyond the boundaries of a person’s property;

(4) Keeping any animal within the city limits that cause frequent, excessive, or long continuous noise

including, but not limited to, barking, whining, crying, meowing, crowing, howling, or other

animal-related noise that interferes with the public peace and comfort of any person of ordinary

sensibilities;

(A) It shall serve as prima facie evidence of a violation of this section for a person to allow an

unprovoked animal to cause noise in violation of the city’s noise ordinance or in excess of

fifteen (15) minutes.

(5) Harboring animals in a manner as to be offensive through a lack of maintenance;

(6) Allow any pen, enclosure, yard, or other place used for the keeping of animals to become

unsanitary, offensive by reason of odor, or a visual nuisance;

(7) To create a condition that is favorable for disease;

(8) To create any condition that is a breeding ground for fleas, ticks, insects, rodents, or other vectors;

(9) Allowing cats to jump on, damage, dig in, deposit feces, or in any way interfere with property

belonging to other persons, including automobiles and gardens;

(10) Allowing dogs to chase vehicles or persons on the public roadways or sidewalks within the city;

(11) Allowing the carcass or carrion from an animal to remain on property; or

(12) Allowing an accumulation of feces or other animal byproducts to accumulate on property in such

a manner that offends a reasonable person with ordinary senses.

(Ordinance 309 adopted 12/11/18)

ARTICLE 2.03

MULTIPLE PET OWNER PERMIT

§ 2.03.001 Permit required.

No person shall keep or harbor more than five dogs, five cats, or combination of five dogs and cats

without obtaining a multiple pet owner permit. For purposes of this section, a maximum of one litter

of puppies or kittens less than sixteen (16) weeks of age may be excluded from the count.

(Ordinance 309 adopted 12/11/18)

§ 2.03.002 Standards.

A residential dwelling for which a multiple pet permit is issued shall comply with all of the following:

(1) Animals must be kept on a lot that exceeds one acre in size, or two adjacent lots that exceed one

acre in the aggregate;

(2) Lots that are less than one acre in size are not eligible for a multiple pet owner permit pursuant to

this section;

(3) Shall be kept in a sanitary condition at all times to allow for healthy conditions and treatment of

each animal, free from waste, parasites, insects, and flies that could be harmful to an animal’s

health and/or to the health of the general public;

(4) Shall be free of odor or stench which would be offensive to a person of ordinary sensibilities;

(5) Shall be subject to inspection by an authorized representative of the city at reasonable times to

determine compliance with the provisions of a multiple pet owner permit, this article, and any

applicable law, rule or regulation;

(6) Adequate food and water shall be provided at all times for all animals, so that each animal is

maintained in good health and free from malnutrition and/or dehydration;

(7) The animals must be maintained in a manner that does not pose a danger to the health of the

animals themselves, or to animals on adjacent property;

(8) The animals must not cause noise that is offensive or disturbing to a person of ordinary

sensibilities, including continuous noise for longer than fifteen (15) minutes;

(9) Must provide proper and adequate protection from the elements, that is, rain, heat, cold, and

similar elements.

(Ordinance 309 adopted 12/11/18)

§ 2.03.003 Issuance of permit; conditions; revocation.

A multiple pet owner permit may be issued in accordance with and subject to the following:

(1) Application.Any person the age of eighteen years or older who desires to keep or harbor more

than five (5) dogs or cats, or any combination thereof, in a residential dwelling may apply for a

multiple pet owner permit from the city. The application shall be submitted to the city secretary

on a form provided by the city, which form shall include, among other things, the following

(and each of the following shall remain true and correct at all times following the issuance of the

permit and while the person is a multiple pet owner):

(A) A statement by the applicant that all dogs and cats that are sixteen (16) weeks of age or

older will be at all times fully vaccinated against rabies and dewormed;

(B) A statement that the applicant understands and agrees that the residential dwelling with

respect to which a permit is issued may be inspected by an authorized representative of the

city at reasonable times to determine compliance with the provisions of a multiple pet owner

permit, this article and any applicable law, rule or regulation;

(as existing or as may be amended from time to time) and will abide by and comply with

the same at all times;

(D) The applicant shall not have been issued citations for violation of this article on two (2)

separate occasions, or animals covered by or to be covered by the permit have not been

impounded on two (2) separate occasions.

(2) Inspection of property; issuance or denial.

(A) The city’s animal control authority shall, within ten (10) days of the receipt by the city

secretary of the application that has been fully completed, review the application and inspect

the property which is the subject of the application. If the application, and the property

following inspection by the city, are determined to comply with the requirements set forth

herein and all of the provisions set forth in this article, the city’s animal control authority

shall issue a multiple pet owner permit.

(B) If a permit is denied, the applicant may appeal the denial by filing with the city secretary,

within ten (10) days following the date that the applicant receives notice of the denial, a

written appeal of the denial to the city council. The city council shall schedule consideration

of the appeal within a reasonable period of time, but in any event not later than thirty (30)

days after the date the written appeal is received by the city secretary. If an appeal is filed,

the decision of the city council regarding the application for a permit shall be final.

(3) Duration; transfer; fee.A multiple pet owner permit shall be valid for a period of one (1) year

from the date of its issuance. A multiple pet owner permit is not transferable or assignable and is

limited to the property for which it is issued. No permit fee is required.

(4) Revocation; reinstatement.

(A) Once issued, a multiple pet owner permit may be revoked by the city’s animal control

authority if the officer determines that:

(i) Any of the animals kept or harbored pursuant to the multiple pet owner permit

repeatedly or regularly cause a stench or odor which is offensive to a person of

ordinary sensibilities;

(ii) Any animal kept or harbored pursuant to the multiple pet owner permit is kept or

harbored in a manner which is dangerous to the health of the animal or to any other

animal, including, without limitation, depriving an animal of necessary food, care or

shelter or the cruel treatment of any animal;

(iii) Any animal kept or harbored pursuant to the multiple pet owner permit repeatedly or

regularly causes noise which is offensive or disturbing to a person of ordinary

sensibilities on adjoining, adjacent or neighboring property, including noise that

continues for fifteen minutes;

(iv) Unsanitary conditions exist at the property applicable to the multiple pet owner permit

to such an extent that those conditions create a possible medium of the transmission of

disease to the animals kept there or to human beings; or

(v) The property applicable to the multiple pet owner permit are not regularly maintained

in accordance with the terms of the multiple pet owner permit and this article.

(B) Prior to revocation, written notice shall be given to the permittee. Such notice shall set forth:

(i) The grounds upon which the city will seek revocation of the permit;

(ii) The specific conditions upon which the city will rely in seeking revocation of the

permit;

(iii) That a hearing regarding the revocation will be held before the city council;

(iv) The date, time and place of such hearing;

(v) That the permittee may appear in person and/or be represented by counsel, may

present testimony and may cross-examine all witnesses.

party may present witnesses in his own behalf, each party has the right to cross-examine all

witnesses, and only evidence presented before the hearing officer at such hearing may be

considered in rendering the order. If the permittee fails to appear at the hearing at the time,

place and date specified, the city shall present sufficient evidence to establish a prima facie

case showing that conditions exist at the multiple pet owner property which are grounds for

suspension of the permit as set forth above.

(D) After completion of the hearing, the city council shall make written findings as to whether

or not grounds exist for revocation of the permit. If the city council finds that grounds do

exist for revocation of the permit, the city council may revoke the permit; however, in lieu

of revoking the permit, the city council may:

(i) Deny the request for revocation if the council finds that the needs of the animals and

the public interest will be adequately protected by a warning; or

(ii) Defer its revocation decision and:

a. Establish conditions consistent with this article regarding the property applicable

to the multiple pet owner permit and a period of time (not to exceed sixty (60)

days following the date of the hearing) for the permittee to comply with the

same;

b. Set a date for a hearing (which hearing shall be conducted as set forth in

subsection (C) above) and determination by the city council as to whether or not

the permittee has complied with such conditions; and

c. At such subsequent hearing, if the city council finds that the permittee has not

complied with the conditions, the city council may revoke the permit.

A copy of the written findings shall be provided to the permittee.

(E) If a multiple pet owner permit is revoked, the number of dogs and/or cats that had been kept

or harbored on the property for which the permit was issued shall be reduced so that there

are there are no more than five (5) dogs or cats, or any combination thereof, kept or harbored

at such property. Such reduction shall be accomplished as soon as possible, but in any case

no later than ten (10) days after notice that the permit has been revoked was served on or

given to the permittee.

(F) In the event a permit is revoked, the city shall not be liable to the permittee for any refund

of any part of the permit fee, if any.

(G) Reinstatement of a permit that has been revoked shall require application and payment of a

permit fee as if it were an initial application; provided, however, no permit shall be issued

to the same permittee if the permittee has been convicted of any offense involving cruelty

to animals, no permit shall be issued to the same permittee within sixty (60) days of the date

a permit has been revoked, and no permit shall be issued for the same location unless it is

shown that adequate precautions have been taken so that the conditions under which the

permit was revoked shall not reoccur. If there is a dispute between the city’s inspector and

a person applying for a permit for a location for which a permit was revoked as to whether

adequate precautions have been taken so that the conditions under which the permit was

revoked will not reoccur, the applicant may request a hearing before the city council. Such

hearing shall be conducted under the same procedures as a hearing for a revocation of a

permit; however, the burden shall be on the applicant to show that adequate precautions

have been taken so that the conditions under which the permit was revoked will not reoccur.

(Ordinance 309 adopted 12/11/18)

§ 2.03.004 Service of notices.

A notice or other delivery provided for in this article may be served or given by personal delivery, or

by certified mail, return receipt requested, or by posting the notice or delivery on or near the front door

of the property where the kennel (multiple pet owner property) is located if personal service cannot be

obtained and the notice or delivery has been sent certified mail, returned receipt requested, and returned

undelivered.

(Ordinance 309 adopted 12/11/18)

ARTICLE 2.04

KENNELS

§ 2.04.001 Location; permit required.

A kennel is not allowed in any zoning district of the city except as may be authorized by the zoning

ordinance(s) of the city. Where the same is so authorized, a kennel may not be operated until such time

as a permit for the operation thereof has been issued by the city.

(Ordinance 309 adopted 12/11/18)

§ 2.04.002 Standards.

A kennel shall comply with all of the following:

(1) Shall be of sufficient size so as to allow each animal to move about freely, and the size of the

facility shall be in proportion to the size of each individual animal’s height and weight;

(2) Shall be kept in a sanitary condition at all times to allow for healthy conditions and treatment of

each animal, free from waste, parasites, insects, and flies that could be harmful to an animal’s

health and/or to the health of the general public;

(3) Shall be free of odor or stench which would be offensive to a person of ordinary sensibilities;

(4) Shall be located no closer than 400 feet from any residence, other than the residence of the kennel

owner or operator, if the kennel is located in the residence of the kennel owner or operator (this

does not affect any zoning regulations regarding to kennels in residential areas);

(5) Shall be subject to inspection by an authorized representative of the city at reasonable times to

determine compliance with the provisions of a kennel permit, this article and any applicable law,

rule or regulation;

(6) Adequate food and water shall be provided at all times for all animals kept within a kennel, so

that each animal is maintained in good health and free from malnutrition and/or dehydration;

(7) Must provide proper and adequate protection from the elements, that is, rain, heat, cold, and

similar elements.

(Ordinance 309 adopted 12/11/18)

§ 2.04.003 Issuance of permit; conditions; revocation.

A kennel permit may be issued in accordance with and subject to the following:

(1) Application.If a person desires to operate a kennel within the city, the person shall apply for a

permit to operate the same from the city. The application shall be submitted to the city secretary

on a form provided by the city, which form shall include, among other things, the following

(and each of the following shall remain true and correct at all times following the issuance of the

permit and while the kennel is being operated):

(A) A statement by the applicant that all dogs and cats in the kennel that are four months of age

or older will be, at all times, fully vaccinated against rabies and dewormed;

(B) A drawing of the kennel (to show, among other things, the types of materials to be used and

all kennel dimensions) and the property on which the kennel is to be located, showing the

proposed location of the kennel and all improvements on the property, and the location and

distance from the kennel to the nearest adjacent residence (other than the residence, if any,

in which the kennel will be located);

(D) A statement that the kennel will at all times be kept in a clean and sanitary state;

(E) A statement that the applicant understands and agrees that the kennel is subject to inspection

by an authorized representative of the city at reasonable times for the purpose of

determining compliance with the provisions of a kennel permit, this article and any

applicable law, rule or regulation;

(F) A statement that the applicant acknowledges and understands the provisions of this article

(as existing or as may be amended from time to time) and will abide by and comply with

the same at all times; and

(G) A written reference from the local and licensed veterinarian verifying that the owner has

historically provided routine and necessary care to animals, and that the veterinarian will be

providing care and vaccinations to the animals kept at the kennel.

(2) Inspection of property; issuance or denial.

(A) The city’s animal control or code enforcement officer shall, within ten days of the receipt

by the city secretary of the application that has been fully completed, review the application

and inspect the property where the proposed kennel is to be located. If the application and

the property (after inspection) are determined to comply with the requirements for the

application and the kennel set forth herein, the city’s animal control officer or code

enforcement officer shall issue a kennel permit. The permit shall include the drawing of the

kennel and surrounding property and property submitted with the application and as

approved by the city.

(B) The kennel shall be constructed and operated only as shown on such drawing; no

modification or changes thereto are permitted without the approval by the city of an

amendment to the permit.

within 10 days following the date that the applicant receives notice of the denial, a written

appeal of the denial to the city council. The city council shall schedule consideration of the

appeal within a reasonable period of time, but in any event not later than 30 days after the

date the written appeal is received by the city secretary. If an appeal is filed, the decision of

the city council regarding the application for a permit shall be final.

(3) Duration; transfer; fee.A kennel permit shall be valid for a period of one (1) year from the date

of its issuance. A kennel permit is not transferable or assignable. No permit fee is required.

(4) Revocation; reinstatement.

(A) Once issued, a kennel permit may be revoked by the city’s animal control officer or code

enforcement officer if the officer determines that:

(i) Any of the animals kept or harbored pursuant to the kennel permit repeatedly or

regularly cause a stench or odor which is offensive to a person of ordinary sensibilities;

(ii) Any animal kept or harbored pursuant to the kennel permit is kept or harbored in a

manner which is dangerous to the health of the animal or to any other animal,

including, without limitation, depriving an animal of necessary food, care or shelter or

the cruel treatment of any animal;

(iii) Any animal kept or harbored pursuant to the kennel permit repeatedly or regularly

causes noise which is offensive or disturbing to a person of ordinary sensibilities on

adjoining, adjacent or neighboring property;

(iv) Unsanitary conditions exist at the kennel to such an extent that those conditions create

a possible medium of the transmission of disease to the animals kept there or to human

beings; or

(v) The kennel is not regularly maintained in accordance with the terms of the kennel

permit and this article.

(B) Prior to revocation, written notice shall be given to the permittee or the person in charge of

the kennel. Such notice shall set forth:

(i) The grounds upon which the city will seek revocation of the permit;

(ii) The specific conditions upon which the city will rely in seeking revocation of the

permit;

(iii) That a hearing regarding the revocation will be held before the city council;

(iv) The date, time and place of such hearing;

(v) That the permittee may appear in person and/or be represented by counsel, may

present testimony and may cross-examine all witnesses.

party may present witnesses in his own behalf, each party has the right to cross-examine all

witnesses, and only evidence presented before the hearing officer at such hearing may be

considered in rendering the order. If the permittee fails to appear at the hearing at the time,

place and date specified, the city shall present sufficient evidence to establish a prima facie

case showing that conditions exist at the kennel which are grounds for suspension of the

permit as set forth above.

(D) After completion of the hearing, the city council shall make written findings as to whether

or not grounds exist for revocation of the permit. If the city council finds that grounds do

exist for revocation of the permit, the city council may revoke the permit; however, in lieu

of revoking the permit, the city council may:

(i) Deny the request for revocation if the council finds that the needs of the animals and

the public interest will be adequately protected by a warning; or

(ii) Defer its revocation decision and:

a. Establish conditions consistent with this article regarding the kennel and a period

of time (not to exceed 60 days following the date of the hearing) for the permittee

to comply with the same;

b. Set a date for a hearing (which hearing shall be conducted as set forth in

subsection (C) above) and determination by the city council as to whether or not

the permittee has complied with such conditions; and

c. At such subsequent hearing, if the city council finds that the permittee has not

complied with the conditions, the city council may revoke the permit.

A copy of the written findings shall be provided to the permittee.

(E) If a permit is revoked, no animal shall be accepted or placed in the kennel and all animals at

the kennel on the date the permit is revoked shall be removed therefrom as soon as possible,

but in any case no later than ten days after notice that the permit has been revoked was

served on or given to the permittee.

(F) In the event a permit is revoked, the city shall not be liable to the permittee for any refund

of any part of the permit fee, if any.

(G) Reinstatement of a permit that has been revoked shall require application and payment of a

permit fee as if it were an initial application; provided, however, no permit shall be issued

to the same permittee if the permittee has been convicted of any offense involving cruelty

to animals, no permit shall be issued to the same permittee within 60 days of the date a

permit has been revoked, and no permit shall be issued for the same location unless it is