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ORD 830 01/22/2008 ORDINANCE 8 3 0 AN ORDINANCE AMENDING ORDINANCE 718 ADOPTING ANIMAL CONTROL REGULATIONS FOR THE CITY OF CIBOLO, TEXAS; ADOPTING ANIMAL CONTROL REGULATIONS DESIGNED TO PROTECT THE PUBLIC HEALTH AND SAFETY; PROVIDING FOR ANIMAL CONTROL OFFICERS; REQUIRING THE LICENSING OF DOGS AND CATS; PROVIDING FOR IMPOUNDING AND DISPOSITION OF ANIMALS RUNNING AT LARGE OR OTHERWISE IN VIOLATION; PRESCRIBING REGULATIONS FOR THE CARE AND KEEPING OF ANIMALS WITHIN THE CITY LIMITS OF CIBOLO; ESTABLISHING VACCINATION REQUIREMENTS; PROVIDING PROCEDURES FOR RABIES REPORTING AND CONTROL; PROVIDING PENALTIES FOR VIOLATION; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; WHEREAS, the City Council of the City of Cibolo desires to protect the public health and safety by regulating the care and keeping of animals within the city limits and by providing vaccination and quarantine; and WHEREAS, the current ordinances does not meet recent changes in State laws pertaining to animal control regulations; and WHEREAS, the City Council of the City of Cibolo finds it necessary to establish or increase the fees charged for various permits, licenses, and penalties in order to meet the costs of administering the Animal Control and Rabies Control programs as required by State Law; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: CHAPTER 608 ANIMAL CONTROL REGULATIONS SUBCHAPTER A. GENERAL PROVISIONS Section 608.001. Definitions. 608.002. Appointment of an Animal.Control Officer. 608.003. Duties of Animal Control Officer. 608.004. Animal Shelter Provisions. 608.005 to 608.010. (Reserved) SUBCHAPTER B. LICENSES 608.011. Licensing. 608.012. Confidentiality of Certain Information in Dog and Cat Registry. 608.013 to 608.020. (Reserved) SUBCHAPTER C. ANIMAL CONTROL 608.021. Animals at Large. 608.022. Impoundment and Violation Notice. 608.023. Authority to Slay Animals Running at Large. 608.024 to 608.030. (Reserved) Page 1 of 35 SUBCHAPTER D. ANIMAL CARE 608.031. Care and Keeping of Animals. 608.032. Keeping of Domestic Animals. 608.033. Keeping of Wild Animals. 608.034. Performing Animal Exhibitions. 608.035. Animal Waste. 608.036. Storage of Feed. 608.037. Inspection of Animals and Premises. 608.038. Abatement of Conditions not Complying with this Chapter. 608.039. Loan of Live Traps. 608.040. Unauthorized Release of Impounded Animals. 608.041. Compliance with Chapter not Relief from Compliance with other Regulations. 608.042. Sell,Trade,Lease,Rent or Give Away of Live Animal on any Roadside,Public Right-of-Way, Commercial or Private Parking Lots or on Premises of Licensed Food Service Establishments Prohibited 608.043 to 608.050. (Reserved) SUBCHAPTER E. DOG AND CAT STERILIZATION 608.051. Terms as Applied to Dog and Cat Sterilization. 608.052. Sterilization of Adopted Animals. 608.053. Requirements for Adoption. 608.054. Sterilization Agreement. 608.055. Sterilization Required. 608.056. Confirmation of Sterilization. 608.057. Letter Concerning Animal's Death. 608.058. Letter Concerning Lost or Stolen Animal. 608.059. Notice of Failure to Receive Letter. 608.060. Reclamation. 608.061. Violations of this Subchapter. 608.062. Adoption Standards. 608.063. Surgery and other Veterinary Services. 608.064. Exemptions. 608.065 to 608.070. (Reserved) SUBCHAPTER E. RABIES CONTROL 608.071. Rabies Vaccination. 608.072. Confidentiality of Certain Information in Rabies Vaccination Certificate. 608.073. Pre-exposure Rabies Immunization 608.074. Reports of Exposure to Rabies. 608.075. Reporting Human Bites from Animals. 608.076. Quarantine Procedures for Animals. 608.077. Quarantine Method and Testing. 608.078. Disposition of Domestic Animals Exposed to Rabies. 608.079. Rabies Control Flow Chart. 608.080 to 608.085. (Reserved) SUBCHAPTER F. RECORDS 608.086. Records Procedures. 608.089 to 608.095. (Reserved) Page 2 of 35 SUBCHAPTER G. FEE SCHEDULE 608.096. Fee Schedule. 608.097 to 608.100. (Reserved) SUBCHAPTER H. ENFORCEMENT 608.101. Enforcement of Ordinance. 608.102 to 608.110. (Reserved) SUBCHAPTER I. PENALTIES 608.111. Penalties. 608.112 to 608.120. (Reserved) SUBCHAPTER J. REPEALER CLAUSE 608.021. Repealer Clause. 608.122 to 608.125. (Reserved) SUBCHAPTER K. SAVINGS CLAUSE 608.126. Savings Clause. 608.127 to 608.130. (Reserved)CHAPTER 608 ANIMAL CONTROL REGULATIONS SUBCHAPTER A. GENERAL PROVISIONS 608.001. Definitions. The following words, terms, and phrases when used in this Chapter shall have the meanings ascribed to them in this Subchapter, except where the context clearly indicates a different meaning. A. Altered: The surgical procedure resulting in the removal of the reproductive organs of a dog or cat to render the animal unable to reproduce B. Animal: Any live or dead vertebrate creature,warm blooded or cold blooded, domestic or wild. C. Animal at large: Any animal not under the restraint (as defined in 00. of this Section) of a person capable of controlling the animal on or off the premises of the owner. An animal within an automobile or other vehicle shall not be deemed"animal at large". D.' Animal Control Officer: Any person designated by the City of Cibolo possessing a Basic Animal Control Certification, Advanced Animal Control Certification, or certification as a Animal Control Officer issued by the Texas Department of Health(TDH) and who is qualified to perform such duties as required by this Chapter and/or State Law. E. Animal shelter: Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of holding animals under the authority of this Chapter or State Law for adoption, care, confinement, euthanasia, or impoundment. F. Auction: Any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Chapter. This Section does not apply to individual sales of animals by owners. G. Bite: Puncturing or tearing of the skin by an animal's teeth. Scrapping of the skin by an animal's Page 3 of 35 teeth with sufficient severity to break the skin and draw blood. H. Cat: Shall mean any live or dead domestic animal that is a member of the feline family (Felis Catus). Excluding hybrids. I. Circus: A commercial variety show featuring animal acts for public entertainment. J. Commercial animal establishment: Any pet shop, grooming shop, guard dog or obedience training center, animal auction,riding school or stable, zoological park, circus,performing animal exhibition, or boarding or breeding kennel. K. Currently vaccinated:Vaccinated and satisfying the following criteria: 1. The animal must have been at least three months of age at the time of vaccination. 2. At least 30 days have elapsed since the initial vaccination. 3. Not more than 12 months have elapsed since the most recent vaccination. L. Dangerous animal: Means an animal that: 1. Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and was reasonably certain to prevent the animal from leaving the enclosure on its own; or 2. Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. M. Dangerous Dog: "Dangerous dog"means a dog that: 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. N. Dangerous wild animal: Any live animal to include but not limited to a lion, tiger, ocelot, cougar, leopard, cheetah, Jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, monkey (of any kind), reptile (alligator, crocodile, or similar reptile), or any poisonous animal or reptile, or any hybrid of an animal listed in this defmition. 0. Dog: Shall mean any live or dead domestic animal that is a member of the canine family (Canis Familiaris). Excluding hybrids. P. Domestic animal: Any animal normally adapted to live in intimate association with humans or for the advantage of humans. Q. Enclosure Primary: Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a cage, compartment, hutch, pen, nm, room, or stall. R. Feral Animal: Having escaped domestication and become wild. Page 4 of 35 S. Fowl: Any live or dead bird(Gallus Galluis), of any kind; domestic or wild, cock or hen. T. Grooming shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed. U. Guard dog: Any professionally trained dog that will detect and warn its handler/owner that an intruder is present in or near an area that is being secured. Any dog that is being used to protect commercial property. V. Harboring: The act of keeping and caring for an animal or providing a premise to which the animal returns for food, shelter, or care for a period of three(3)days. W. Hybrid: Any offspring of two animals of a different species. X. Kennel or Cattery: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats; and/or a facility with separate primary enclosure's for keeping more than three animals of the same species. Y. Licensed veterinarian: A veterinarian licensed to practice veterinary medicine in one or more of the 50 states or practicing veterinary medicine on an installation of the Armed Forces or National Guard. Z. Livestock: Domestic animals used or raised on a farm, especially those kept for a profit; specifically,horses,ponies, mules, donkeys, cattle, goats, sheep and swine, regardless of age, sex or breed. AA. Local Health Authority: The City Health Inspector shall be designated as the Local Health Authority. BB. Local Rabies Control Authority: The City Animal Shelter Director or staff member(if certified by TDH) or the Animal Control Officer shall act as the Local Rabies Control Authority (Rabies Control Officer) in the event a Rabies Control Officer is not appointed and shall handle all duties required under the Rabies Control Act of 1981 and all amendments to that act. CC. Observation period: The time following a bite incident during which the biting animal's health status must be monitored. The observation period for domestic animals only is ten(10) days and will begin on the day of the bite incident(the day the bite occurred is day one). DD. Owner: Any person, partnership, firm, or corporation who has custody, control, or owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more, or if it returns to a residence or business on three separate days. EE. Performing animal exhibition: Any spectacle, display, act, or event, other than circuses, in which performing animals are used. This shall include animal amusement vendors such as, but not limited to,pony-go-round rides,commercial horseback pictures, etc. FF. Person: Individual, corporation, f l m, government or governmental subdivision, or agency, business trust, estate,partnership, association, or any other legal entity. GG. Pet or companion animal: Shall include dogs, cats, rabbits, ferrets, rodents, birds, reptiles, pot Page 5 of 35 belly pigs, and any other species of animal that is sold or retained as a household pet,but shall not include skunks,non-human primates, and any other species of wild, exotic, or carnivorous animal that may be further restricted in this Chapter. HH. Pet shop: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal. II. Possible exposure to rabies: Receipt of a bite or scratch from any warm blooded animal, animal to human or animal to animal, is reason to suspect exposure to rabies. JJ. Provocation: Any purposeful act that causes an animal to bite, scratch, or attack in protection of self, owner, or owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint and in compliance with City Ordinances would be considered provocation,irrespective of the reason for such entrance. KK. Public nuisance: Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners,to enjoyment of life or property. The term"public nuisance animal" shall mean and include,but is not limited to, any animal that: 1. Is repeatedly at large or stray; 2. Damages the property of anyone other than its owner; 3. Charges the fence,molests, intimidates, or threatens pedestrians or passersby; 4. Trespasses on school grounds; 5. Chases vehicles or pedestrians; 6. Excessively makes disturbing noises, including but not limited to continued and repeated screeching, meowing, howling, barking, whining or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; 7. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; 8. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; 9. Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; 10. Attacks other domestic animals or human beings. LL. Quarantine: Strict confinement, for the purpose of preventing the spread of disease, under restraint and prohibiting contact with another animal or humans by a closed cage, isolation kennel,rabies chamber,paddock, or in any other manner approved by the Local Health Authority Rabies Control Officer, or Animal Control Officer or at a facility approved by the Texas Department of Health. MM. Quarantine period: That portion of the observation period during which a biting animal is physically confined for observation as provided for under the quarantine method and testing section of this Chapter. NN. Rabies: An acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite, scratch, or saliva. Page 6 of 35 00. Restraint: Any animal in the presence of and under the control of a responsible person and obedient to that person's commands secured by a leash or lead (or held in the hands of the owner or keeper) At all other times, all animals shall be confined to the realty or premises of the owner of such animals by a substantial fence of sufficient strength and height to prevent such animals from escaping therefrom; or inside a house on such premises; or secured on such premises by a leash consisting of a material of sufficient strength to prevent said animals from escaping from such premises. It shall be unlawful for the leash to be arranged in a manner that allows the animal to get on or across or within eight feet of any street, park, or other public land or within eight feet of any sidewalk, public way, place or building when such leash is stretched to its full length. Any animal so arranged shall be considered dangerous to the public in general and declared a public nuisance, and shall be impounded and the owner subject to a citation. Although cats may be exempt from the leash requirement while on the premises of the owner, any cat straying on the property of anyone except its owner shall be deemed a public nuisance animal and will be subject to impoundment and the owner subject to a citation. PP. Riding school or stable: Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals,including a racetrack,trotting track, or rodeo. QQ. School Zone: A reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving public or private elementary or secondary school during the time the reduced speed limit applies. RR. Scratch: A scrape left by the claws or nails of an animal and of sufficient severity to break the skin and draw blood. For rabies control, scratch shall be included with the definition of bite. SS. Secured Enclosure: means a fenced area or structure that is: 1. Locked; 2. Capable of preventing the entry of the general public,including children; 3. capable of preventing the release or escape of the 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. TT. Sick animal: Any animal that appears to be suffering from an infectious, contagious, or communicable disease; or that is showing evidence of a physical injury, physical disorder, or traumatic injury; or that has an elevated temperature. UU. Stray: Animal running free or at large,with no physical or verbal restraint and/or appears to have no known owner. VV. Unowned animal: Any animal for which an owner has not been identified. WW. Unrestrained animal: Not in the presents of a responsible person, not restrained by leash or lead (anchored to an immovable object), no physical or verbal restraint, or not restrained by a substantial fence or pen. XX. Vaccinated: Properly injected with a rabies vaccine licensed for use in that species by the United states Department of Agriculture and administered by or under the direct supervision of a licensed veterinarian. Page 7 of 35 YY. Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals. ZZ. Vicious animal: Any animal that attacks, bites, or injures human beings or domesticated animals without adequate provocation, or which,because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals; or an individual animal that the Animal Control Officer, Police Officer, or Local Health Authority has reason to believe has a dangerous disposition,likely to be harmful to humans or other animals. AAA. Wild animal: Any animal except the common domestic species (including, but not limited to, dogs, cats,horses,cattle, swine, sheep,and goats),regardless of the state or duration of captivity. BBB. Wildlife: Any animal that occurs naturally in the wild state. CCC. Wild state: Living in its original,natural conditions;not domesticated. DDD. Zoological park: Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of non- domesticated animals. 608.002. Appointment of an Animal Control Officer. A. An Animal Control Officer(s) shall be appointed to enforce all provisions of this Chapter, including gathering up and impounding or quarantining any livestock, fowl, cats, dogs, or other domestic animals found running at large (stray) within the City limits, and gathering up or releasing back to the wild any non-domestic animals found running at large (stray) within the City limits. Animal Control Officers shall be inoculated with the rabies pre-exposure vaccination as required by the Texas Department of Health. 608.003. Duties of Animal Control Officer. A. It shall be the duty of the Animal Control Officer to keep records of all logs and reports, run reports, impound reports, bite reports, rabies quarantine reports, live trap requests, weekly disposition reports, and any other documents required or necessary to track animal ownership, violators, and complaints. To report in writing to the City Manager once each month the total number of animals impounded, the total number of animals redeemed, the total number of animals adopted, or sold to private parties, the total number of wild animals released back to the wild, and the total number of animals humanely disposed of under the provisions of this Chapter, (unless said records are kept by the Animal Shelter) and that report shall be approved and filed with the City Manager as a monthly report. B. The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with an Animal Control Officer or Humane Officer in the performance of his duties. C. It shall be the duty of the Animal Control Officer to pay all monies collected by him/her under this Chapter to the City Clerk. D. The Animal Control Officer or any Police Officer shall cause any animal (warm-blooded) involved in a bite incident to be immediately impounded and quarantined (per Section 608.076) at the City Animal Shelter or City contracted agency. Page 8 of 35 E. Records. That the Animal Control Officer shall keep an organized file by animal owners last name in which there shall be recorded all complaints, violation letters, warning letters, animal control notice door hangers, bite reports, and live trap requests. There shall be an organized file by month with a description of all animals impounded or quarantined,the date of impoundment or quarantine, the date of redemption or sale, the amount realized from the sale, the fees and expenses due for impounding or quarantining and keeping same, the name of the owner(if known) and the name of the purchaser(unless said records are kept by the Animal Shelter). 608.004. Animal Shelter Provisions. A. The Animal Shelter Director or staff shall be responsible to keep records of all logs and reports, impound reports, bite reports, rabies quarantine reports, weekly disposition reports, and any other documents required or necessary to track animals as they come into and leave the shelter. To report in writing to the Public Works Director once each month the total number of animals impounded, the total number of animals redeemed, the total number of animals adopted, or sold to private parties, the total number of wild animals released back to the wild, and the total number of animals humanely disposed of under the provisions of this Chapter, and that report shall be approved and filed with the City Administrator as a monthly report. The Animal Shelter shall be under direction of the Public Works Director. B. It shall be the duty of the Animal Shelter Director or staff to pay all monies collected by him/her under this Chapter to the City Clerk. C. It shall be the duty of the Shelter staff to propose in writing all necessary shelter rules, procedures, and guidelines regarding adoption, impounding, quarantining, and sterilization for the City Council to adopt and amend as required. D. The Animal Shelter staff and the public works department shall be responsible for the care and maintenance of the Shelter and the care of any animals at the shelter. 608.005 to 608.010. (Reserved) SUBCHAPTER B. LICENSES 608.011. Licensing. A. Any person owning, keeping, harboring or having custody of any dog or cat over three months of age within this municipality must obtain a license as herein provided. B. The City of Cibolo shall provide an application for licenses, that shall include the name, address, and phone number of the applicant, description of the dog or cat,the appropriate fee as listed in the Fee Schedule Attachment. The applicant shall show proof of rabies certificate issued by a licensed veterinarian as per Section 608.071. Page 9 of 35 C. If not revoked, licenses for the keeping of dogs and cats shall be for a period of one (1) year. The license period under this section shall begin with the rabies vaccination date and shall run for one (1)year. D. Application for license must be made within thirty days after obtaining a dog or cat over three months of age; this requirement will not apply to a nonresident keeping a dog or cat within the municipality for not longer than sixty days. E. License fees shall not be required for certified Seeing Eye dogs, hearing dogs, other certified dogs that are trained to assist the physically handicapped, or governmental Police and Fire dogs. F. Upon acceptance of the license application and fee, the City of Cibolo or its designee shall issue a durable tag stamped with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal's collar or harness. G. Each dog and cat must wear an identification tag attached to a properly fitted collar or harness at all times. Exemption for governmental Police and Fire dogs. H. The City of Cibolo or its designee shall maintain a record of the identifying numbers of all tags issued. I. It shall be the duty of the owner of any dog or cat to procure a duplicate tag from the City of Cibolo or its designee in the event that the original tag is lost or destroyed. There will be a fee charged for each replacement tag. The owner must bring the original license receipt or tag number. J. No person may use a license for any animal other than the animal for which it was issued. 608.012. Confidentiality of Certain Information in Dog and Cat Registry. A. Information that is contained in a municipal registry of dogs and cats that identifies or tends to identify the owner or an address, telephone number, or other personally identifying information of the owner of the registered dog or cat is considered confidential and not subject to disclosure to the extent allowed by law. B. The information may be disclosed only to a governmental entity for purposes related to the protection of public health and safety. A governmental entity that receives the information must maintain the confidentiality of the information, may not disclose the information to the extent allowed by law, and may not use the information for a purpose that does not directly relate to the protection of public health and safety. 608.013 to 608.020. (Reserved) Page 10 of 35 SUBCHAPTER C. ANIMAL CONTROL 608.021. Animals at Large. A. All dogs, cats, and other animals shall be kept under restraint at all times and not allowed to run at large(stray). This section shall not be construed as to prohibit trained dogs that are part of a canine unit operated by a law enforcement agency from being unrestrained while in performance of their law enforcement and public safety functions within the City limits. B. All owners shall exercise proper care and control of his/her animal(s) to prevent them from becoming a public nuisance. It shall be a violation of this Chapter for any animal to be a public nuisance. C. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. D. The Animal Control Officer may receive a complaint from any, Police Officer, or the Local Health Authority any other responsible person concerning an animal that has bitten a human being or attacked and killed another animal. The Animal Control Officer may also be the complainant concerning an individual animal that he/she has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. A complainant must be filed with the City Court Clerk a written sworn complaint that contains the following information, as applicable: 1. name, address, and telephone number of complainant and any other witnesses to the incident; 2. date,time and location of the incident; 3. description of the animal; 4. name, address, and telephone number of the animal owner(if known); 5. a statement that the animal attacked and killed another animal; 6. a statement that the animal attacked or bit a human being (refer to definitions of public nuisance,vicious animal, dangerous animal, and provocation in Section 608.001); 7. a statement that the animal has exhibited vicious propensities in past conduct(if known); and 8. other facts or circumstances of the incident. E. If a person reports an incident described by Section 608.001(M) the animal control authority may investigate the incident.If, after receiving the sworn statements of any witnesses,the animal control authority determines the dog is a dangerous dog,it shall notify the owner of that fact. 1. An owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to the City of Cibolo Municipal Court. An owner may appeal the decision of the Municipal Court in the same manner as appeal for other cases from the justice, county, or municipal court. Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: a. register the dangerous dog with the animal control authority for the area in which the dog is kept; b. restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; Page 11 of 35 c. obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or fmancial responsibility to the animal control authority for the area in which the dog is kept; and d. comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs. 2. The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog. 3. If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by this Section, that the owner of a dangerous dog has failed to comply with Subsection(a)or(b),the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. 4. The owner shall pay any cost or fee assessed by the municipality related to the seizure, acceptance,impoundment, or destruction of the dog. 5. The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority.The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. 6. The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog. 7. For purposes of this section, a person learns that the person is the owner of a dangerous dog when: a. the owner knows of an attack described in Section 608.001(M) b. the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under this Section; or c. the owner is informed by the animal control authority that the dog is a dangerous dog under Section this Section. F. Any animal within the City that shall bite, scratch, or otherwise attack a person (and that has had more than one bite report filed on said animal) who is not at the time trespassing upon the property of the owner or person having control of such animal,nor provoking or teasing such animal shall be deemed vicious or dangerous to persons or other animals and the City of Cibolo may order the following the procedures listed below, that such animal be kept muzzled, that such animal be kept within a primary enclosure, that such animal be permanently removed from the corporate limits of the City of Cibolo, or that such animal be delivered to the Animal Control Officer or a licensed Veterinary Hospital to be humanely euthanized. All of these procedures shall be at the expense of the owner. G. After a sworn complaint is filed with the City Court Clerk, the Animal Control Officer shall investigate the complaint and if there is sufficient evidence he/she may request the Municipal Judge or designee to set a time and place for a hearing. The Municipal Judge or designee shall give notice of the hearing to the animal's owner by personal service or certified mail, return receipt requested, at least ten(10)days prior to the hearing date. H. The Municipal Judge or designee shall hold such hearing and shall determine at the hearing if the animal specified in the complaint should be ordered to be kept muzzled, kept within a primary enclosure, removed from the City limits, or destroyed for the protection of the public health, safety and welfare of the community. The Municipal Judge or designee shall receive testimony at the Page 12 of 35 hearing concerning the incident under investigation. To order the removal or destruction of the animal for the public health, safety and welfare, the Municipal Judge or designee must find all the following facts to be true: 1. the animal attacked or bit a human being or attacked and killed another animal more than twice; 2. the animal is the same animal that committed the acts in(1.)of this Subsection; 3. destruction of or removal of the animal is necessary to preserve the public health, safety, and welfare of the community. To order the muzzling and/or keeping of an animal in a primary enclosure for the public health, safety and welfare,the Municipal Judge or designee must find all the following facts to be true: 1. the animal attacked or bit a human being or another animal; or the animal has a known propensity to attack, bite, or injure human beings or domesticated animals because of temperament, conditioning, or training; or it is demonstrated by the local health authority that the animal has a dangerous disposition, likely to be harmful to humans or other animals; 2. the animal is the same animal that committed the acts in(4.) of this Subsection; 3. muzzling and/or keeping of the animal in a primary enclosure is necessary to preserve the public health, safety, and welfare of the community. If the Municipal Judge or designee orders muzzling, keeping within a primary enclosure, destruction, or removal of the animal and the owner is not present at the hearing, he shall notify the owner of the decision by personal service or certified mail, return receipt requested. If the Municipal Judge or designee does not order destruction of or removal of the animal, the Animal Control Officer shall, if the animal was impounded and if any required rabies observation quarantine period has been completed, return the animal to the owner upon payment of any fees due, with the understanding that any muzzling and/or keeping within a primary enclosure orders must be followed as long as the animal remains within the City limits of Cibolo. I. An owner of an animal may appeal a destruction or removal order to a court of competent jurisdiction within five(5) days of the decision. If the Municipal Judge or designee receives written notice of the intent to appeal within five(5) days of the decision,he shall suspend the destruction or removal order pending final determination of the court. If said appeal is perfected by the filing of a petition in a court of competent jurisdiction within ten (10) days of the order of destruction or removal, he shall suspend the destruction or removal pending the outcome of the appeal. In that event the owner will have forty eight (48) hours notice to pick up the animal if it was impounded and if any required rabies observation quarantine period has been completed, and hold the animal pending the appeal. All fees due must be paid before the animal is released to the owner and the animal must be kept muzzled or within a primary enclosure if so ordered. Failure to claim the animal within forty eight(48)hours will result in the execution of the removal or destruction order. J. In the event that any animal is discovered in violation of any removal or destruction order described in (G.) above, the animal shall be immediately seized and humanely euthanized. Any animal discovered in violation of any muzzling or keeping within a primary enclosure order shall be seized and impounded,and the owner shall be prosecuted under the provisions of(J.)below. K. It shall be unlawful for any person to harbor or keep on his premises or in or about his premises or premises under his control, any vicious animal except as directed by this Subchapter. Upon conviction, harboring a vicious animal in violation of this Chapter shall result in a minimum as set in Attachment A.Fee and Fine Schedule. L. No part of this Chapter shall preclude at any time the filing of a complaint in the court of competent jurisdiction under the provisions of Chapter 822 of the State of Texas Health and Safety Code. Page 13 of 35 608.022. Impoundment and Violation Notice. A. Unrestrained dogs, cats, and public nuisance animals shall be taken by the Animal Control Officer and impounded in an animal shelter and shall be confined. Any animal that poses a threat to public health and safety, any wild animal kept illegally, or any animal that has been cruelly treated or abused shall also be impounded. For purposes of discharging the duties imposed by the provisions of this Chapter or other applicable laws, and to enforce the same, Animal Control Officers, duly authorized representatives, or employees of the City of Cibolo may enter upon private property to the full extent permitted by law (due process), which shall include but not be limited to entry upon private, unfenced property when in pursuit of any animal that he/she has reason to believe is subject to impoundment pursuant to the provisions of this Chapter or other applicable laws. When they are called on for assistance members of the Public Works Department shall assist the Animal Control Officer in gathering up and impoundment of animal's at large and stray animals in the City limits of Cibolo. B. Licensed impounded dogs, cats, and livestock (livestock does not require a City license) shall be kept for not fewer than one hundred twenty(120)hours. C. Unlicensed impounded dogs, cats, and other domestic animals shall be kept for not fewer than seventy two (72)hours. D. Feral (Wild) cats, dogs, or other animals may be kept for up to seventy two (72) hours at the discretion of the Animal Control Officer and Animal Shelter staff. E. Sick or injured animals wearing no apparent identification through which ownership can be determined may be kept for up to seventy two (72) hours at the discretion of the Animal Control Officer and Animal Shelter staff after consultation with a licensed veterinarian. F. If, by a City license tag, rabies tag, or other means the owner of an impounded animal can be identified, the Animal Control Officer shall as soon as possible upon impoundment notify the owner by direct contact,telephone,mail, or other reasonable means. G. An owner reclaiming an impounded dog or cat shall pay all impounding fees, licensing fees and boarding fees if the impounded animal is impounded at the City of Cibolo Animal Shelter according to the Fee Schedule contained in this Ordinance. Boarding fees as set by the New Braunfels Humane Society shall be paid by the owner reclaiming an impounded dog or cat if the impounded animal is taken to the New Braunfels Humane Society. If no proof of rabies vaccination can be produced, the owner may receive a citation in the mail by the City of Cibolo. Impoundment and boarding fees for all other animals shall be according to the Fee Schedule attached to this Ordinance. Upon the third(3rd) impoundment of the same animal occurring within twelve (12) months from the first impoundment, the owner shall be charged double the scheduled fees. H. No sick impounded animal shall be released to the owner until the Animal Control Officer shall be satisfied that arrangements have been made for proper treatment of the sick animal. I. Any dog or cat not reclaimed by its owner within one hundred twenty (120) hours for a licensed animal or seventy two (72) hours for an unlicensed animal shall become the property of the local government authority, contracted agency, or veterinarian holding such animal and shall be placed for adoption in a suitable home or humanely euthanized. Page 14 of 35 J. In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer, Code Enforcement Officer, or Police Officer may issue to the known owner, keeper, or competent individual at such resident or business of such animal a citation or a notice of violation. 608.023. Authority to Slay Animals Running at Large. If any animal found at large in violation of this Chapter cannot be safely taken up and impounded, such animal may, if deemed necessary, be destroyed by any authorized Police Officer, Animal Control Officer,or other qualified employee of the City of Cibolo. 608.024 to 608.030. (Reserved) SUBCHAPTER D. ANIMAL CARE 608.031. Care and Keeping of Animals. A. No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, adequate ventilation, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. B. No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause,instigate, or permit any dogfight, catfight, cockfight, or other combat between animals. C. No owner of an animal shall abandon such animal at any place or time. If an animal owner has been identified and the owned animal has been impounded by the Animal Control Officer, no owner shall allow the animal to remain in the Animal Shelter beyond the one hundred twenty(120) hour maximum for a licensed or seventy two (72) hour maximum for an unlicensed animal, for the purpose of abandoning the animal or adopting the animal at a lower cost than the fine/fee(s). D. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same might be eaten by any animal, provided that it shall be lawful for a person to expose on their own property common rat poison mixed only with vegetable substance. E. No person, except a person licensed by the Texas Parks and Wildlife Department, shall place or set out steel jaw leg and/or neck traps with the intent of trapping any animal. F. Any person who, as the operator of a motor vehicle, strikes a domestic or non-domestic animal shall as soon as practicable report such injury or death and the location of such incident to the Animal Control Officer, Police Officer, or City Municipal Office so that the animal may be picked up and the owner(if applicable)notified. 608.032.Keeping of Domestic Animals. A. It shall be unlawful for any person to own, keep, or harbor more than three(3) animals of the same species (except for livestock and fowl as covered in (D.) and (E.) of this Section) over three (3) months of age at anyone address or location within the City limits of Cibolo. No limit for fish. Page 15 of 35 B. All persons residing in the City of Cibolo who own one or more animals must keep said animals at the residential premises permanently occupied and inhabited by said animal owners. It shall be unlawful for said animal owners to keep their animal at any other location within the city limits of the City of Cibolo (except for livestock as covered in (D.) and animal(s) for the protection of property,belongings, or interests covered in(C.) of this Section). C. All persons owning animal(s) for the protection of their property, belongings, or interests at a location other than their residential premises shall be authorized to keep said animal(s) at a location other than there residential premises. When left unattended any animal(s) shall be restrained by a secure enclosure capable of being secured by a locking mechanism so designed to prevent any reasonable person from unauthorized entry. This does not presume to allow a violation of any Section or provision of this Chapter to exist. D. Livestock may be kept in any zoning district on any property, lot, or tract of land containing a minimum of two (2) acres. This provision prohibits the harboring of such animals in high-density residential areas within the corporate limits of the City of Cibolo. Livestock shall not be allowed to be staked/tied and graze in public right-of-ways. Livestock shall not be allowed to roam, graze, or be housed within fifty(50')feet of any residence on adjacent property or within two hundred (200') feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments. Prior and continued use of property with livestock shall take precedence. There shall be allowed no more than two (2)head of large livestock(horse,mule, cow, or similar animal) for the first two (2) acres and one (1) head per each acre of land after up to ten (10) acres, no limit after ten (10) acres provided adequate care is maintained, and no more than three(3)head of small livestock(hog, sheep, goat, or similar animal) for the first two (2) acres and two (2) head per acre of land after up to ten (10) acres, no limit after ten (10) acres provided adequate care is maintained. Any combination of large and small livestock will follow the guidelines of large livestock. Acreage must be contiguous, owned or leased. E. Fowl may be kept in any zoning district on any property, lot, or tract of land however it shall be the duty of every person raising or keeping chickens, turkeys, geese, guineas, ducks, pigeons, or other fowl, to keep them in a pen, coop or enclosure, that shall be a distance of at least twenty five (25') feet from their own residence and at least fifty (50') feet from any residential structure on adjacent property and shall be kept in a clean and sanitary condition; and shall also be kept in such a manner as will be reasonably calculated not to become offensive to neighbors or to the public. There shall be allowed no more than twenty(20) such fowl. F. Other small animals (such as rabbits, guinea pigs, rats, mice, hamsters, or other similar small animals), more than three (3) animals of the same species may be kept in any zoning district on any property, lot, or tract of land, however it shall be the duty of every person raising or keeping rabbits, guinea pigs, rats, mice, hamsters, or other similar small animals, to keep them in a pen, coop or enclosure,that shall be a distance of at least twenty five(25')feet from their own residence and at least fifty(50') feet from any residential structure on adjacent property and shall be kept in a clean and sanitary condition; and shall also be kept in such a manner as will be reasonably calculated not to become offensive to neighbors or to the public. Not more than twenty (20) animals. Other small animals of three (3) or less of the same species will not be required to meet the enclosure or enclosure distance requirement of this Section. G. Sections (A.), (B.), (D.), (E.), and(F.) shall not apply to animal shelters, veterinary establishments, animal hospitals operated by a licensed veterinarian, local school districts agricultural facilities, or commercial animal establishments located on property zoned for such purposes. Such establishments, however, must meet sanitation requirements, health regulations, and the Page 16 of 35 establishment must keep animals securely caged or penned. The said Sections shall not be construed to prohibit any person engaged in operating any abattoir, packing house or stockyard from keeping livestock for a reasonable length of time while awaiting their use in connection with the operation of such abattoir,packing house or stockyard that had been zoned for such use. 608.033.Keeping of Wild Animals. A. No person shall own,possess, or have custody on his premises in the City of Cibolo any dangerous wild animal or wild animal for display, training, or exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, or veterinary hospitals. B. No person shall keep or permit to be kept in the City of Cibolo any dangerous wild animal or wild animal, including a poisonous or otherwise dangerous reptile, or non-human primates, as a pet, unless licensed to do so by the Texas Parks and Wildlife Department. 608.034.Performing Animal Exhibitions. A. No performing animal exhibitions or circuses shall be permitted in which the animals are induced or encouraged to perform through the use of chemicals,mechanical, electrical, or manual devises in a manner that will cause or is likely to cause physical injury or suffering. It is not the intent of this Chapter to prohibit exhibitions such as rodeos or similar events or the manner in which they are carried out. B. All equipment used on a performing animal shall fit properly and be in good working condition. 608.035.Animal Waste. The owner of every animal shall be responsible for the removal of any feces deposited by his/her animal(s) on public walks, recreation areas, or private property including the property of the owner. It shall be a violation of this Chapter for any person to allow an animal that is under their control to: A. defecate on private property not belonging to them; B. defecate on public property, and not remove the feces deposited in a timely manner; C. allow the deposit of feces to remain on their property in such quantities that it becomes offensive to others (aromatically or sanitarily). It is not the intent of this Section to infringe upon anyone owning livestock or to prohibit anyone from keeping livestock in the limits of the City a certain amount of what may be considered offensive aroma coming from livestock will be tolerated. 608.036. Storage of Feed. All feed provided for animals shall be stored and kept in a rat proof, fly tight building, box, container, or receptacle. Livestock stables must carry out a continuous, active rat control program. The storage of bailed hays, grasses, or other similar cultivated crops shall not be required to be kept in a building,box, container,receptacle or covered. 608.037. Inspection of Animals and Premises. Animals and premises whereon animals are kept or maintained shall be subject to inspection to the full Page 17 of 35 extent permitted by law (due process) by the City at any reasonable hour, or at any hour in cases of emergency. 608.038. Abatement of Conditions not Complying with this Chapter. Whenever any premises where animals are kept are in an unsanitary condition, or the facilities are not in keeping with the provisions of this Chapter or any other regulations herein, or if any Health Ordinance or Law is not observed,the City,by written notice to the person responsible for the condition of the premises or the keeping of the animals or the person owning or in control of such premises, may order the abatement of the conditions that are not in accordance with this Chapter, State Laws, or other regulations, or conditions that constitute a public nuisance. Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the City to obtain relief by injunction. 608.039. Loan of Live Traps. A. Animal live traps will be loaned by the Animal Control Division or designee for a daily fee, the amount as set in the Fee Schedule(Section 608.096). There will be a required deposit on each trap, the amount as set in the Fee Schedule (Section 608.096) prior to the loan of each trap, refundable upon the return of the trap. Any person not returning a trap or returning an unserviceable broken trap shall be responsible for the cost of a replacement trap and forfeiture of their deposit(as part of the trap replacement cost). All funds so generated will go to buy more traps or other equipment for the animal control division. B. It shall be unlawful for any person to take, tamper with, or remove any animal from a City trap, or damage, or destroy any City owned live animal trap, or remove a trap from the position in which it is placed by an Animal Control Officer or person who has signed for said trap. C. It shall be the responsibility of the person obtaining the trap from the City to set the trap and call (within a reasonable amount of time) the Animal Control Officer or the City Municipal Office when an animal has been captured. No trap shall be set or allowed to remain set after twelve o'clock(noon) 12:00 PM on a Friday or a day before a Holiday, no trap shall be set on a Saturday, or before six (6:00 PM) on Sunday or a Holiday, or any day before a Holiday observed by the City of Cibolo, or on a Holiday that the City of Cibolo Municipal Offices are not open for regular business the day after. It shall be the responsibility of the person obtaining the trap to obtain this information. At the City's discretion they may pick up traps on Friday and reissue them Monday. 608.040. Unauthorized Release of Impounded Animals. It shall be a violation of this Chapter for anyone to release, set free, turn loose, or liberate any animal from a City vehicle, cage, carrier, kennel, trap, or shelter that has been impounded or in the custody of the Animal Shelter or Animal Control Officer. 608.041. Compliance with Chapter not Relief from Compliance with other Regulations. The keeping of any animal in accordance with the provisions of this Chapter shall not be construed to authorize the keeping of the same in violation of the Zoning Ordinance or any other Ordinance of the City. 608.042. Sell, Trade, Lease, Rent or Give Away of Live Animal on any Roadside, Public Right-of- Page 18 of 35 Way,Commercial or Private Parking Lots or on Premises of Licensed Food Service Establishments Prohibited No person shall sell, trade, lease, rent or give away any live animal on any roadside, public right-of- way, commercial or private parking lot, or on the premises of any licensed food service establishments within the City of Cibolo. 608.043 to 608.050. (Reserved) SUBCHAPTER E. DOG AND CAT STERILIZATION 608.051. Terms as Applied to Dog and Cat Sterilization The following words,terms, and phrases when used in this Subchapter shall have the meanings ascribed to them in this Subchapter and the definitions in Subchapter A. 608.001 shall also apply, except where the context clearly indicates a different meaning. A. New owner means a person who is legally competent to enter into a binding contract and who is adopting a dog or cat from a releasing agency. B. Releasing agency means a facility operated by a humane society, municipal agency, public or private animal shelter, or an animal shelter contracted by the City. C. Sterilization means the surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce. D. Veterinarian means a person licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners. 608.052. Sterilization of Adopted Animals. No unclaimed dog or cat shall be released for adoption from the Animal Shelter without being sterilized or without written agreement from the adopter guaranteeing that such animal will be sterilized within thirty(30) days for adults and by the specified date in the contract for pups and kittens. 608.053. Requirements for Adoption. Except as provided by Section 608.064, a releasing agency may not release a dog or cat for adoption unless the animal has been sterilized or the release is made to a new owner who signs an agreement to have the animal sterilized. 608.054. Sterilization Agreement. A. The sterilization agreement used by a releasing agency must contain: 1. the date of the agreement; 2. the names, addresses, and signatures of the releasing agency and the new owner; 3. a description of the animal to be adopted; 4. the sterilization completion date; and 5. a statement,printed in conspicuous, bold print,that sterilization of the animal is required under Chapter 608, Animal Control Regulation, and that a violation of this Chapter is a offense punishable as a Class C misdemeanor. Page 19 of 35 B. The sterilization completion date contained in the sterilization agreement must be: 1. the thirtieth(30th) day after the date of adoption in the case of an adult animal; 2. the thirtieth (30t'') day after a specified date estimated to be the date an adopted infant female animal becomes six months old or an adopted infant male animal becomes eight months old; or 3. if the releasing agency has a written policy recommending sterilization of certain infant animals at an earlier date,the thirtieth(30th) day after the date contained in the written policy. 608.055. Sterilization Required. A. Except as provided by this Section, a new owner who signs an agreement under Section 608.053 shall have the adopted animal sterilized on or before the sterilization completion date stated in the agreement. B. If the sterilization completion date falls on a Saturday, Sunday, or legal Holiday, the deadline is extended to the first(1st) day that is not a Saturday, Sunday, or legal Holiday. C. A releasing agency may extend the deadline for thirty (30) days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit on the number of extensions that may be granted under this Subsection. 608.056. Confirmation of Sterilization. A. Except as provided by Section 608.057 or 608.058, each new owner who signs a sterilization agreement under Section 608.053 shall deliver to the releasing agency from which the animal was adopted a letter signed by the veterinarian who performed the surgery. B. The letter must be delivered in person or by mail not later than the seventh (7th) day after the date on which the animal was sterilized. C. The letter must state that the animal has been sterilized,briefly describe the animal, and provide the date of sterilization. 608.057. Letter Concerning Animal's Death. A. If an adopted animal dies on or before the sterilization completion date agreed to under Section 608.053, the new owner shall deliver to the releasing agency a signed letter stating that the animal is dead. B. The letter must be delivered not later than the seventh(7th) day after the date of the animal's death and must describe the cause of death, if known, and provide the date of death. C. The letter required by this Section is in lieu of the letter required by Section 608.056. 608.058. Letter Concerning Lost or Stolen Animal. A. If an adopted animal is lost or stolen before the sterilization completion date agreed to under Section 608.053, the new owner shall deliver to the releasing agency a signed letter stating that the animal is lost or stolen. B. The letter must be delivered not later than the seventh (7th) day after the date of the animal's Page 20 of 35 disappearance and must describe the circumstances surrounding the disappearance and provide the approximate date of the disappearance. C. The letter required by this Section is in lieu of the letter required by Section 608.056. 608.059. Notice of Failure to Receive Letter. A releasing agency that does not receive a letter under Section 608.056, 608.057, or 608.058 on or before the expiration of the seventh (7th) day after the sterilization completion date agreed to under Section 608.053 shall cause a complaint to be filed against the new owner. It is a presumption under this law that the failure of the new owner to deliver to the releasing agency a signed letter as required under Section 608.056, 608.057, or 608.058 is the result of the new owner's refusal to have the adopted animal sterilized. The new owner may rebut this presumption at the time of the hearing with the proof required under the above-mentioned Sections. 608.060. Reclamation. A. A releasing agency that does not receive a letter under Section 608.056, 608.057, or 608.058 after the expiration of the seventh(7th) day after the sterilization completion date agreed to under Section 608.053 may promptly reclaim the animal from the new owner with no reimbursement of monies. B. A person may not prevent,obstruct, or interfere with a reclamation under this Section. 608.061. Violations of this Subchapter. A. A new owner that violates this Chapter commits an offense. B. Failure to sterilize an animal will result in the animal(s) being returned to the Animal Shelter and there shall be no monies refunded and additional action may be imposed. C. An offense under this Section is a Class C misdemeanor. 608.062. Adoption Standards. A. Each releasing agency may set its own standards for potential adopters if those standards are applied in a fair and equal manner. B. If the releasing agency is a public facility, the standards must be reasonably related to the prevention of cruelty to animals and the responsible management of dogs and cats in the interest of preserving public health and welfare. C. The Animal Shelter staff shall propose in writing all necessary shelter rules, procedures, and guidelines for animal examinations, adoption, and sterilization and present to the City Council to adopt and amend as required. D. Examination of animals by the veterinarian to determine the health status and to insure current inoculations is required prior to the release of the animal to the new owner. 1. Animals will be examined by a veterinarian prior to adoption. 2. Animals may receive inoculations or other medical treatment as recommended by a veterinarian prior to adoption. 3. All costs, debts, and/or fees created by this Subchapter shall be passed on to the adopter and Page 21 of 35 must be paid prior to receiving custody of the animal(s). E. All adoptions are considered final, however should the adoption not work out due to behavioral problems with the animal, the animal can be returned to the Animal Shelter and there shall be no monies refunded. 608.063. Surgery and other Veterinary Services. A. Surgery performed in accordance with this Chapter must be performed by a veterinarian or a full- time student of an accredited college of veterinary medicine as provided by the Veterinary Licensing Act. B. A veterinarian employed by a releasing agency may not perform non-emergency veterinary services other than sterilization on an animal that the releasing agency knows or should know has an owner. However, this subsection does not prevent a veterinarian employed by a releasing agency from performing veterinary services on an animal whose owner is indigent. 608.064. Exemptions. A. This Subchapter does not apply to: 1. a dog or cat that is claimed from a releasing agency by a person who already owns the animal; 2. a Governmental,Municipality or Agency adopting an animal; 3. a releasing agency located in a Municipality that has in effect an Ordinance providing standards for dog and cat sterilization that exceed the requirements provided by this Chapter; 4. an institution of higher education that purchases or otherwise procures a dog or cat for the purpose of biomedical research,testing, or teaching. 608.065 to 608.070. (Reserved) SUBCHAPTER E. RABIES CONTROL 608.071. Rabies Vaccination. A. It shall be unlawful for any person to own, keep, harbor, or have custody or control of a dog or cat over ninety(90) days of age within the City of Cibolo unless such dog or cat is currently vaccinated against rabies by the injection of anti-rabies vaccine by or under the direct supervision of a licensed veterinarian. Vaccinated and satisfying the following criteria: 1. The animal must have been at least three months of age at the time of vaccination. 2. At least thirty(30) days have elapsed since the initial vaccination. 3. Not more than twelve(12)months have elapsed since the most recent vaccination. B. Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificates shall contain at least the following information: 1. Owner's name,address, and telephone number. 2. The species, sex, age, size(lbs.),predominant breed, and color of the vaccinated animal. 3. The vaccine used,producer, expiration date, and serial number. 4. Date vaccinated. 5. Rabies tag number. 6. Veterinarian's signature and license number. Page 22 of 35 C. A veterinarian or person under the direct supervision of a veterinarian who vaccinates a dog or cat as required herein shall furnish the owner thereof with a metal tag bearing (stamped or etched) information such as the Veterinarians (hospital) name and telephone number, a number corresponding to the number placed on the certificate, and with lettering showing the type of immunization and the year thereof. This tag shall be attached to the properly fitted collar or harness of the dog or cat for which it is issued, and shall be worn at all times in a conspicuous place on the collar or harness (exemption for governmental Police and Fire dogs). 608.072. Confidentiality of Certain Information in Rabies Vaccination Certificate. A. Information that is contained in a rabies vaccination certificate that identifies or tends to identify the owner or an address,telephone number, or other personally identifying information of the owner of the vaccinated animal is confidential and not subject to disclosure to the extent allowed by law. B. The information may be disclosed only to a governmental entity for purposes related to the protection of public health and safety. A governmental entity that receives the information, including a county or municipality that registers dogs and cats must maintain the confidentiality of the information,may not disclose the information to the extent allowed by law and may not use the information for a purpose that does not directly relate to the protection of public health and safety. 608.073. Pre-exposure Rabies Immunization. Pre-exposure rabies immunization shall be administered to all individuals whose activities place them at a significant risk of exposure to rabies(in accordance with the(CDC) Center for Disease Control). 608.074. Reports of Exposure to Rabies. A. Any veterinarian who shall find any animal within the City limits afflicted with a disease that is transmissible from animal to man shall immediately report to the City Health Inspector such case together with the name and address of the owner and the location of the premises where the animal can be found. B. Persons having knowledge of any animal exhibiting symptoms of or exposed to rabies, or that has bitten, scratched or otherwise attacked an individual or another animal, or that the person suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall report the animal or incident to the Animal Control Officer, Rabies Control Officer, or the City Animal Shelter as soon as possible but not later than twenty four(24) hours from the time of the incident. The report shall include the name and address of any victim and the owner of the animal, if known, and any other information relating to the incident or animal. 608.075. Reporting Human Bites from Animals. Any person having knowledge of an animal bite/scratch to a human will report the incident to the Local Rabies Control Authority, Police Department, or Animal Control Division as soon as possible, but not later than twenty four(24)hours from the time of the incident. 608.076. Quarantine Procedures for Animals. A. Every animal that has rabies or symptoms thereof, or every animal that a person could reasonably suspect as having rabies, or that bites, scratches, or otherwise attacks another animal or any person Page 23 of 35 within the City of Cibolo shall be impounded at once and held for observation and quarantined at the approved quarantine facilities of the City Animal Shelter, a City contracted agency, or a licensed veterinarian. The facilities must meet the minimum state quarantine facility standards and will be subject to inspection by the Texas Department of Health. 1. DOGS AND CATS: Regardless of vaccination status, the dog or cat must be quarantined for ten(10) days or humanely destroyed, without damage to the head which must be submitted to a rabies laboratory for testing. If the animal is to be quarantined, the ten (10) day observation period begins on the day of the bite. 2. HIGH RISK ANIMALS: Skunks, bats, foxes, coyotes, and raccoons must be humanely destroyed, and their heads must be submitted for rabies testing. 3. LOW RISK ANIMALS: Opossums, shrews, moles, squirrels gophers, mice, rats, rabbits, and armadillos (marsupialila, insectivora, rodentia, lagomorpha, and zenarthra) do not need to be quarantined or tested, unless the Rabies Control Officer has reason to believe that the biting animal has rabies. 4. OTHER BITING ANIMALS: All biting animals that are not categorized as domestic,high risk, or low risk should be humanely destroyed and tested. However, a thirty(30) day quarantine as an alternative to testing is permitted. B. The owner of any dog or cat that is reported to have rabies or symptoms thereof, or to have been exposed to rabies, or to have bitten, scratched, or otherwise attacked any person or other animal within the city, or that the owner knows or suspects to be rabid or to have attacked an individual, shall submit such animal to the Rabies Control Officer, Animal Control Officer, or Animal Shelter for a quarantine period of ten days at the owner's expense. The ten (10) day observation period shall begin on the day of the bite incident. Any such animal must be immediately surrendered to the Rabies Control Officer and taken by him/her to an approved quarantine facility or the Rabies Control Officer may direct the owner of the suspect animal involved in a biting incident to have it quarantined at there family veterinary hospital(provided it is a authorized rabies quarantine facility) within twenty four (24) hours of the incident and submit proof of the quarantined and examination of the animal to the Rabies Control Officer,Animal Control Officer, or City Animal Shelter. C. The Local Health Authority or Rabies Control Officer may require an animal that has inflicted multiple bite wounds, punctures, or lacerations to the face, head, or neck of a person to be humanely destroyed and the head submitted to a Texas Department of Health certified laboratory for rabies testing. D. Any animal required to be quarantined under this Section that cannot be maintained in a secure quarantine shall be humanely destroyed and the head submitted to a Texas Department of Health certified laboratory for rabies testing. E. If the owner of an animal described in(A.) or(B.) above cannot be identified or located at the time of an investigation by the Rabies Control Officer, or if the animal was running at large (stray), the Rabies Control Officer shall impound the animal and take it to: 1. The City Animal Shelter, a City contracted agency, or local veterinarian listed on the vaccination tag if such identification tag is worn by the animal. The veterinarian shall be responsible for contacting the owner of the animal and for quarantining the animal for at least the required impound time for licensed or unlicensed animals. If the owner cannot be found during this time, the animal may be humanely destroyed for rabies diagnosis, or may be held for the remainder of the quarantine period at the expense of the veterinarian, at which time the animal shall become the property of the veterinarian. 2. The City Animal Shelter, a City contracted agency, or nearest local veterinarian if the animal has an out of city identification or a vaccination tag from an out of city veterinarian. The local Page 24 of 35 veterinarian and/or the Rabies Control Officer shall be responsible for contacting the out of city veterinarian or owner of the animal. All other provisions listed in(1.)above shall apply. 3. The City Animal Shelter, a City contracted agency, or nearest local veterinarian if the animal has no identification or vaccination tag. If the animal is documented as wild or injured, or under certain other circumstances, the animal may be quarantined for up to seventy two (72) hours at the discretion of the Rabies Control Officer after consultation with the veterinarian, at which time the animal may be humanely destroyed for rabies diagnosis. Other animals will be quarantined for seventy two (72) hours. If no owner has claimed the animal at the end of the seventy two(72)hour period,the animal may be humanely destroyed for rabies diagnosis. F. The owner of an animal quarantined under this Section shall pay to the quarantine facility the reasonable costs of the quarantine and/or disposition of the animal, including the charges for preparation and shipment of the animal's head or brain, if required,to the nearest Texas Department of Health certified laboratory for rabies testing. If the owner chooses not to pay for quarantine,the animal shall be humanely destroyed and the head submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. All quarantine related payment arrangements shall be at the discretion of the individual quarantine facility and the facility shall be responsible for the collection of monies owed. Payment maybe requested at the start of the quarantine. G. In the event the owner of such animal described in(A.) or(B.) refuses to surrender such animal on demand, or in the event the owner of such animal described in (F.) refuses to pay for the cost of quarantine or rabies testing, such action shall constitute a Class C misdemeanor and upon conviction be punishable by a minimum fine as set in Attachment A.Fee and Fine Schedule. H. The following quarantining procedures shall be observed: 1. Biting animals and animals suspected of rabies that are placed in confinement for observation must be separated from all other animals in such a manner that there is no possibility of physical contact between animals. 2. The quarantined animal must be observed at least twice daily and a note made of the animals' health status,by an Animal Shelter Operator,Rabies Control Officer or a person responsible for notifying the shelter operator or Rabies Control Officer if the animal appears ill or dies. 3. At the discretion of the Animal Shelter Operator or Rabies Control Officer the unowned animal maybe humanely destroyed for rabies diagnosis prior to the end of the quarantine period. 4. The Animal Shelter Operator or Rabies Control Officer may require a written agreement by the owner or the custodian at the time of quarantine and the animal may be disposed of according to terms of this agreement. 5. If the biting animal cannot be maintained in secure quarantine or if the owner chooses not to pay for quarantine, the animal shall be humanely destroyed and the head submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. I. Home quarantine may be permitted in some cases. The owner of the animal may request permission for home quarantine. The Rabies Control Officer may authorize home quarantine providing at the time of the bite: 1. the animal was on the owners property and not at large(stray); 2. the animal is currently vaccinated and the current rabies vaccination tag is secured to the animal (a vaccination certificate signed by a licensed veterinarian is the only acceptable proof of vaccination); 3. the animal owner has a facility that will provide the required security and isolation to house said animal and that facility must meet the minimum state quarantine facility standards; Page 25 of 35 4. the bite or scratch incident was a provoked attack; and 5. The Rabies Control Officer or a licensed veterinarian observes the animal at least on the first and last days of the quarantine. 6. At any time during the duration of the home quarantine, if the animal shows signs of unusual behavior, illness, or dies the Rabies Control Officer shall be notified immediately (within twelve (12) hours) by the person having possession of the animal. The animal shall be turned over to the Rabies Control Officer and ill animals will be taken to a licensed veterinarian for observation and dead animals will have the head submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. The release from quarantine must be accomplished in writing. J. It shall be unlawful to violate the provisions and conditions of the home quarantine as required by the Rabies Control Officer. If the owner of the animal fails to abide by all provisions and conditions required by the Rabies Control Officer when the home quarantine was granted or the animal is found in violation of these conditions, the animal shall be immediately impounded and quarantined for the remainder of the observation period at the City Animal Shelter, City contracted shelter, or an approved veterinary facility at the owner's expense. K. Exemption from quarantine requirement for Police and Fire Service Animals. A Police or Fire Service animal is exempt from the quarantine requirement of this Subchapter if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections,prison or jail security, or investigative purposes. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency, and the animal's handler or rider shall make the animal available within a reasonable time for veterinarian observation. 608.077. Quarantine Method and Testing. A. Animals quarantined at a veterinary clinic shall be observed by a licensed veterinarian at least on the first and last days of the quarantine period. If the veterinarian determines that the animal has clinical signs of the disease of rabies, the animal shall be humanely destroyed and the head or brain submitted for testing. If the veterinarian determines that the animal does not exhibit the clinical signs of the disease of rabies, the Rabies Control Officer shall obtain a form from the veterinarian with his/her signature certifying that the animal has been found to be free of the clinical signs of rabies. This form shall be returned to the Rabies Control Officer at the end of the quarantine period. B. Animals quarantined at the City Animal Shelter or a City contracted agency shall be observed at least twice daily and a note made of the animals' health status by a the Animal Shelter Operator or Rabies Control Officer, or a person responsible for notifying the shelter operator or Rabies Control Officer if the animal appears ill or dies. If the animal becomes ill it shall be taken to a licensed veterinarian for observation if the veterinarian determines that the animal has clinical signs of the disease of rabies, the animal shall be humanely destroyed and the head or brain submitted for testing. If the veterinarian determines that the animal does not exhibit the clinical signs of the disease of rabies, the animal will remain at the animal hospital for the remainder of the quarantine period. The Rabies Control Officer shall obtain a form from the veterinarian with his/her signature certifying that the animal has been found to be free of the clinical signs of rabies at the end of the quarantine period. This form shall be returned to the Rabies Control Officer at the end of the quarantine period. If the animal dies the head shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. At the end of the quarantine period the Rabies Control Officer shall notify the bite victim (or bite victims guardian) of the results and the disposition of the animal. Page 26 of 35 C. No animal shall be released from quarantine unless: 1. the owner has an unexpired rabies vaccination certificate and current City license for the animal (if the licensing requirement is applicable); or 2. the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense (transportation of the animal to the vet shall be done by the Rabies Control Officer, Animal Control Officer, or shelter personnel) and a City license (if required) is obtained at the owner's expense from the City Clerk. D. No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely destroyed in such a manner that the head is not damaged (except as outlined in Section 608.076.A.). The head shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis. E. The owner of the animal to be quarantined may request permission from the City for a home quarantine provided the following criteria can be met: 1. Secure facilities must be available at the home of the animal's owner and must be approved by the Animal Control Officer 2. The animal is currently vaccinated against rabies and posses a current City license 3. The animal was not in violation of any laws or ordinances of the City of Cibolo at the time of the incident 4. The bite was a provoked attack 5. The victim or victim's parent or legal guardian must approve the granting of a home quarantine if all other requirements have been met. The approval must be in writing on a form provided by the Animal Control Officer. 6. A licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. For the first observation, the animal will be transported by the Animal Control Officer to the local veterinarian and then returned to the location of the home quarantine by the Animal Control Officer after the observation. At the end of the observation period the owner shall transport the animal via the most direct route possible to the local veterinarian who made the initial observation for the final observation. Both observations by the veterinarian may be conducted at the location of the home quarantine if requested by the owner or required by the Animal Control Officer at the owner's expense. 7. At any time during the duration of the home quarantine, if the animal shows signs of unusual behavior, illness or dies the City shall be notified immediately (within twelve (12) hours) by the person having possession of the animal. The animal shall be turned over to the Animal Control Officer and ill animals shall be taken to a licensed veterinarian for observation and dead animals shall have their heads submitted to a Texas Department of Health certification laboratory for rabies diagnosis, at the owner's expense. 8. The owner shall be responsible for paying all rabies observation fees to the veterinarian or certified facilities of the State of Texas. 9. It shall be unlawful to violate the provisions and conditions of the home quarantine as required by the Animal Control Officer. If the owner of the animal fails to abide by all provisions and conditions required by the Animal Control Officer when the home quarantine was granted and the animal is found in violation of such conditions, then the animal shall be immediately impounded and quarantined for the remainder of the observation period at an approved facility at the owner's expense. Page 27 of 35 608.078. Disposition of Domestic Animals Exposed to Rabies. A. Unvaccinated animals that have been bitten or been directly exposed by physical contact with a rabid animal or its fresh tissues shall be humanely killed or, if sufficient justification for preserving the animal exists, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for three (3) months, and given a booster vaccination for one (1) month prior to release from isolation. B. Vaccinated animals that have been bitten or otherwise significantly been exposed to a rabid animal shall be humanely killed or, if sufficient justification for preserving the animal exists, the exposed vaccinated animal shall be given a booster rabies vaccination and placed in strict isolation for one (1)month. C. These provisions apply only to domestic animals for which an approved rabies vaccine is available. D. These provisions will be in accordance with current State Law. 608.079. Rabies Control Flow Chart. The rabies control flow chart is a recommended guideline. See attachment C. Rabies Control Flow Chart 608.080 to 608.085. (Reserved) SUBCHAPTER F. RECORDS 608.086.Records Procedures. See attachment B.Records Procedures. 608.089 to 608.095. (Reserved) SUBCHAPTER G. FEE SCHEDULE 608.096. Fee Schedule. See attachment A.Fee and Fine Schedule. 608.097 to 608.100. (Reserved) SUBCHAPTER H. ENFORCEMENT 608.101. Enforcement of Ordinance. A. Any violations of this Ordinance maybe cause for the Animal Control Officer, Rabies Control Officer,Police Officer, or Code Enforcement Officer to issue a citation for that individual to appear in Municipal Court. Page 28 of 35 B. The provisions of this Ordinance shall be enforced by those persons or agencies designated by the Municipal Authority. It shall be a violation of this Ordinance to interfere an Animal Control Officer, Rabies Control Officer, Police Officer, Code Enforcement Officer, City Health Inspector, or animal shelter staff in the performance of their duties. 608.102 to 608.110. (Reserved) SUBCHAPTER I. PENALTIES 608.111. Penalties A. Any person who shall violate any of the provisions of this Chapter, or fail to comply therewith or with any of the provisions thereof, shall be guilty of a Class C misdemeanor, and upon conviction shall be fined in a sum not less than twenty five ($25.00) dollars and not more than two thousand ($2000.00) dollars, unless specifically listed on the minimum penalty schedule in Attachment A. Fee and Fine Schedule, per violation, per day, and each violation shall be a separate offence, and each day the violation exists shall constitute a separate offence. B. Upon conviction of the specific Chapter violation listed in the Fine Schedule of Attachment A, (Those not listed shall be set by the Municipal Judge) the minimum fme shall be as set in Attachment A.Fee and Fine Schedule. C. Subsequent convictions for any residents or business (for citations issued to any person, firm, or corporation at that physical address shall be deemed subsequent violations at that residents or business) for any violation of this Chapter. 1. Second offense double the applicable fine listed in Attachment A. Fee and Fine Schedule, or previous amount set by Judge,up to and including the maximum allowed by law. 2. Third offense and each after triple the applicable fme listed in Attachment A. Fee and Fine Schedule, or previous amount set by Judge,up to and including the maximum allowed by law. 608.112 to 608.120. (Reserved) SUBCHAPTER J. REPEALER CLAUSE 608.121.Repealer Clause. That all Ordinances and/or parts of Ordinances that are in conflict with the provisions of this Ordinance be, and the same are hereby repealed and all other Ordinances and/or parts of Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in force and effect. 608.122 to 608.125. (Reserved) SUBCHAPTER K. SAVINGS CLAUSE 608.126. Savings Clause. That the terms and provisions of this Ordinance shall be deemed to be severable and that if the validity Page 29 of 35 of any section, subsection, sentence, clause, or phrase, of this Ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause, phrase of this Ordinance. SUBCHAPTER L. EFFECTIVE DATE 608.127.Effective Date. This Ordinance shall become effective upon passage by the City Council and after having been published twice in its entirety or in summary form or by publishing the caption of this ordinance twice in the City of Cibolo's Official Newspaper. 608.128 to 608.130. (Reserved) PASSED AND APPROVED THIS 2a. DAY OF Jar► vary , 2008. Signed: nife artman,Mayor nr Attest: -E-qq,i Z2--zw-e--.0 Peggy Cimics,City Secretary Page 30 of 35 Attachment A. Fee and Fine Schedule. Fee Schedule as established by the City Council of Cibolo,Texas. Veterinarian Hospital or equivalent documentation required as proof of sterilization and rabies vaccination. A. Standard Annual licensing fee. 1. Unneutered dog or cat annual fee of $ 7.00 a. Replacement lost or destroyed tag $ 2.00 2. Neutered dog or cat annual fee of $ 5.00 a. Replacement lost or destroyed tag $ 2.00 B. Impoundment fees. An impoundment fee must be paid for each animal captured. 1. Altered dog or cat with valid City license(first Impoundment) $ 35.00 2. Altered dog or cat with valid City license(second Impoundment) $ 60.00 3. Altered dog or cat with valid City license (each impoundment in excess of second impoundment) $ 85.00 4. Unaltered dog or cat with valid City license(first Impoundment) $ 45.00 5. Unaltered dog or cat with valid City license(second Impoundment) $ 70.00 6. Unaltered dog or cat with valid City license (each impoundment in excess of second impoundment) $ 95.00 7. Altered dog or cat without valid City license(first Impoundment) $ 60.00 8. Altered dog or cat without valid City license(second Impoundment) $ 85.00 9. Altered dog or cat without valid City license (each impoundment in excess of second impoundment) $110.00 10. Unaltered dog or cat without valid City license(first Impoundment) $ 70.00 11. Unaltered dog or cat without valid City license(second Impoundment) $ 95.00 12. Unaltered dog or cat without valid City license (each impoundment in excess of second impoundment) $120.00 13. Fowl or other small animals $ 25.00 14. Zoological and/or circus animal $100.00 C. Boarding fees. A boarding fee must be paid for each day and for each animal confined by the Animal Shelter or contracted agency. 1. Dog or cat per day of confinement(except for 4.Below) $ 15.00 2. Fowl or other small animal one time charge $ 8.00 3. Zoological and/or circus animal per day of confinement $300.00 4. Dog or cat per day of confinement when impounded due to incarceration of owner $ 5.00 D. Voluntary Relinquishment of Ownership(no livestock will be taken in) 1. Unneutered dog or cat $ 45.00 2. Neutered dog or cat $ 35.00 3. Other animal(except livestock) $ 35.00 E. Live Trap Fees. 1. Deposit $ 40.00 2. Daily fee $ 2.00 3. Live trap replacement Actual Cost Page 31 of 35 F. Rabies Vaccination. 1. Vaccinations for dogs and cats $ 10.00 over actual cost 2. Vaccinations for other animals $ 10.00 over actual cost Fine Schedule as established by the City Council of Cibolo,Texas. Minimum Penalty Schedule 1. Animal abandonment $ 50.00 2. No rabies vaccination $ 50.00 3. Not registered/licensed $ 30.00 4. Animal running at large, (stray) a. Unneutered dog or cat $ 90.00 b. Neutered dog or cat $ 80.00 c. Any other animal $ 50.00 d. Livestock $100.00 5. More than three(3) dogs or cats,per animal over minimum $ 30.00 6. Unconfined and/or non-muzzled vicious/dangerous animal $200.00 7. Unlawful harboring of a vicious animal $200.00 Failure to surrender animal for rabies observation $200.00 No further entries this page. Page 32 of 35 Attachment B. Records Procedures. Procedures for the keeping of the animal shelter and the animal control officers records. A. Purpose of records. Records shall be kept to show all activities of the animal shelter and the animal control officers. B. Records must be legible. C. Records shall be retained for a length of time deemed appropriate to the type of record. D. Records are necessary in legal matters. E. All records must answer: 1. WHO: examples—the animal control officer,person receiving citation,name of investigator. 2. WHAT: examples — animal captured (description necessary including tag numbers and condition at time of capture),type citation being issued,reason for investigation. 3. WHEN: examples — hours worked, time and date of capture, time and date of issuance of a citation/warning, time and date of incident that caused the issuance of citation/warning, date an investigation was begun and concluded. 4. WHERE: examples — destination point(s), location of capture, location of violation, site or location of situation under investigation. 5. WHY: examples—reason for capture of animal, specific violation that caused citation/warning, description of incident and facts pertaining to an investigation. 6. HOW: examples — method of capture, procedure for dealing with (court date), was investigation telephone or on site. Type of Records. A. Field records. 1. Animal Control Officer's daily activity log 2. Animal capture records 3. Warnings/Citations 4. Investigations B. Office records. 1. Citizen contacts 2. Animal records a. description of animal b. owner c. capture information d. impoundment information e. quarantine information(if applicable) f. final disposition 3. Laboratory records: example—rabies results 4. Financial records 5. Personnel records: example — certifications, commendations letters, C.E. hours credits, rabies immunization record(excluding confidential records to be kept by the City Administrator) 6. Periodic activity summations a. should include: number of animals impounded number of animals returned to owner Page 33 of 35 number of animals adopted out number of animals euthanized b. shall be monthly to document seasonal activity c. can be used to justify need for: new truck additional personnel more space larger budget Summary. Records should be able to trace/document every animal that passes through your operation from the time it was picked up (or the complaint was called in) until its final disposition (owner claimed or returned, adopted, destroyed, or returned to wild). Accurate documentation will provide evidence that the animal shelter activities and animal control activities are being conducted in a professional manner and should be used to support requests for needed improvements to make your job more efficient and appreciated. No further entry's this page. Page 34 of 35 Attaclunent C. Rabies Control Flow Chart. svAlicli Atli A, sy,,r TRAFS ,,,:, [REPORCEDAMMA 1,BITE- A_NDIAL CONTROL OFF 1 c:ER ' NO , A,NLMAL yEs ANIMAL ALIV r 7 .FOUND? / V Yr.S NO ANIMA' YES S , voUND 7 /OwNI.4;AT SCENE?I NO . R(')CON-MT N17.. V y ES , NEwS NET.DIA 10 :Keit IN SCA ROI DI)ES ANL LU,HAVE- NO. RABIES TAG'Olt ; FOR QUARA:sTLNE OR cril"r AG 7 ' HEAD RINoVAI.c•4'sr ANIMAL TAKEN TO Yr•='; kNnt ALv YES ANIMA' SHELTER DECONHOSED OR VET^ NO NO v ).2, ,tNoi L TAli,'EN fa ACO TO ANBLAL SHELTER A NBIAL Dc.)t:TA(ENTE D AS v YES WILD.INA TWA, OR. ANI%IAI.TA V.PA Ily At'0 OTI!FR CIRCIT3ISTANCF.S - TO VET ON TAG. , Y Es t -oWNER FOUND OR li. .oWN ER RF s PosDH.E. CON'TAr TED BY RC() : FiAt W,ARAiNlINE OH , i•NO k.HEAD RE"..10vAL COST js ANIMAL .. z QT.AEA NTTNED ANIMAL IN COMMA.NCE 0-3 DAYS AT v : WITH ALL STATE LAWs DIsCRIZTION 0V AND LOCAL 0 ROLNA N CF..ti IWO AATril err ' yrs . . . Al'11(1'.11.51I:OF 1)111? CONSULTATION OWNTR DESIRES TO ., , SAVE ANIML,ANo yEs HEAD REMOVED Br err AND SURNITTTTD SIGNED TO TIM C E Er IT RFD ,,, RELEASE . A NB1AL QUARANTLNED FOR i 0 DA,,s LABORATORY FOR FORM INCLUDING THE.DAY OF THE RITE AT i. itt ems Ill szNosis .1,,NENIAL SW:I:TER OR%TT * (PAYMENT sc.I I EDE'IJ::A RRAINC Cl.) wrrti VET BY OWNER) TEST RESULTs REPORTED TO ... . VET 115"'Dil ANIMAL O8SER1 la)ON FIRST HOME QU.I.R.ANTLNE ,..,. AND LAST DAV DI VET DE AT ', UNDER CERTAIN . VET o R HO m E okARANTINE.) ciRcums]A.No.:44 xr DZISMIZEM : Tit I:DEM''RETiON OF THE RCO NO A.NRIAL LIVES AND HEALTHY 7 ATCTBI Ii011FIED13717 ,NO71 , YES f VET CERTIFIES HEATH STATUS OF ANTs LAI. ! TEST OR (P0 11F.FREE or CLJNIcAL OBsEnA AlION SION s OF RAW Es) PORTIA"FOR RA D1Es 7 V YES N0 YES VIII'sE N Ds COPY OF -ANL\IAL ELLE ANED A VIER OWNER ' 17 itErORTTO HCO r7 PA.YS AII,VITT OR:ANIMAL sHELTER FEES.cREQUIRED VACCINATION GIN.T.N.&CIT't !IC ENM.;0DTAINF.D) tr VIC:TE“RELEAsE1) . ,, II'ST NIE in.mININ11774 K IATE STANDARD v FOR OUAR.AvriNE VAcILIT1ES VI:';' - LICENSED ATTERENARIAN ......._) RIO RABIES CONTROL oFFIcFR 'VICTIM c oNT tc.T ACO =ANTN LA I..c c)NTRoi,01411'ER ,ANBL5L UCLEAS}..1) > PIM Mt PIITHCIAN '1'1)11 -'TVA AS DEPARTMENT OF REAI.TD Page 35 of 35