85-20 O - Control and Protection of Animals I
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CITY OF PROSPER, TEXAS, ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONTROL AND PROTECTION OF
ANIMALS IN GENERAL; SETTING REQUIREMENT FOR REGISTRATION;
RABIES VACCINATION ; REGULATING THE LOCAL ENCLOSURES FOR
ANIMALS ; PROVIDING FOR CONTROL OF DANGEROUS ANIMALS ;
PROVIDING FOR EXLEPTIONS ; PROVIDING FOR A PENALTY ;
PROVIDING FOR CONSTITUTIONALITY; PROVIDING FOR THE PUB-
LICATION OF THE CAPTION OF THIS ORDINANCE AND AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER,
TEXAS:
SECTION I : Definitions :
A) "Person" shall mean any individual , firm , association ,
;artnership or corporation .
B) "At large" shall mean off the premises of the owner
and not under the control of the owner or other
persons authorized by the owner to care for the
animal by leash , cord , chain or otherwise .
C) "Owner" shall mean any person or persons owning ,
keeping or harboring any animal .
D) "Vaccination" shall mean an injection of a vaccine ,
approved by the State veterinarian .
E) "Inhumane Treatment" shall mean any treatment to any
animal which deprives the animal of necessary
114 sustenance, including food , water and protection
from weather , or any treatment of any animal such
as overloading , overworking , tormenting , beating ,
mutilating or teasing , or other abnormal treatment
as may be determined by the Mayor .
SECTION II: The owner of each and every animal which is a
member of the canine or feline family is hereby required to have such
animal vaccinated against rabies by a legally licensed veterinarian
at least once a year .
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The owner of such animal is hereby required to make applrca-
tion to the tax assessor-collector of the City for a registration
permit . Such application shall contain information on the animal ' s
description , date of immunization and name , address and telephone
number of the owner . Upon completion of the application and payment
of the permit fee of $1 . 00 , a metal tag will be issued to the owner
to be attacncu to one animal' s collar .
The failure of the owner , in this respect , shall have the same
effect as if no vaccination had been secured for such animal .
SECTION III: It shall be unlawful for the owner of a domestic
animal to allow the same to be at large within the limits of the
• City and each owner of any domestic animal shall retain such
domestic animal within an area of the following minimum requirements :
The area shall be surrounded by a fence of sufficient
size to restrain the animal . A shelter shall be
maintained with at least three ( 3) sides and a roof ;
said enclosure to be located at least 50 feet away
from any occupied building . Adequate food and water
shall be provided . Noxious odors shall be controlled .
The minimum area shall be as follows :
5, 000 square feet per horse
4 5 ,000 square feet per cow
2 ,000 square feet per goat and sheep
1 ,000 square feet per 12 head of domestic fowl
It is strictly prohibited and unlawful for any person to keep
swine within the limits of the City .
SECTION IV: It shall ¢e the duty of any city employee and said
employee is hereby authorized to take up any animal found running at
large in violation of this Ordinance , within the limits of the City
and confine such animal in the Pound designated by the Mayor in a
notice to be posted in a public place for three ( 3 ) days during which
time the owner of such animal showing satisfactory proof of his right
16111110 of possession thereof , may redeem such animal upon the payment of a
pound fee plus a sustenance charge in the amounts then charged by the
said pound and in addition thereto , the owner shall pay for a rabies
vaccination for such animal as otherwise required herein .
SECTION V: If the owner of any animal so impounded shall not
apply for the redemption of such animal and pay such fees and charges
as herein required within three ( 3 ) days from the time such animal
is confined , the animal shall be destroyed humanely by or under the
direction of the Animal Warden in charge of the Pound designated in
Section IV hereof , or sold to the highest bidder for cash in order to
• defray the cost of impoundment .
SECTION VI : If any person shall make written complaint to the
Mayor that an animal has bitten or attacked any person within the
limits of the City, it shall be the duty of the Chief of Police to
direct the owner of such animal to keep it securely confined so as to
absolutely prevent such animal from being in contact with a person
or other animals for not less than ten ( 10 ) consecutive days and then
to release such animal only upon written permission from the Mayor.
SECTION VII: It shall be unlawful for any person to permit any
vicious or dangerous animal owned or kept by him to be at large on
any public premise or upon any private premise or under the control of
such person within the limits of the city, whether such animal shall
have been vaccinated or not .
Proof of the fact that such animal has bitten or attacked any
person or other animal at any place where such person or other animal
is legally entitled to be , shall be prima facie evidence that such
animal is vicious or dangerous within the meaning of this Ordinance .
SECTION VIII : It shall be unlawful for any person to commit any
inhumane treatment against any animal ; keep or harbor any animal which
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by loud or frequent noise or action disturbs any person within the
111141111, city limits ; permit any commercial breeding of animals within the
public view.
SECTION IX: The provisions of this Ordinance shall not be
construed to prohibit any person engaged in operating any packing
house , kennel establishment or veterinariary office or similar
institutions located within the authorized zoning district from
keeping on the premises or such place of business , any number of the
animals named in this Ordinance , for temporary periods of time ,
awaiting their treatment or use in connection with the operation of
those such businesbee .
411,
SECTION X: Should any section or provision of this Ordinance ance
for any reason be held void , unconstitutional or invalid , it shall
not effect the validity of any other section or provision hereof
which is in itself not void , unconstitutional or invalid .
SECTION XI : ;.,:y person who violates any of the provisions of
this Ordinance shall be guilty of a misdemeanor and upon conviction
shall be assessed a fine not to exceed Two Hundred Dollars ( $200 . 00 )
and each and every day that the same shall continue shall constitute
a separate and distinct offense .
SECTION XII : The caption of this Ordinance shall be published
one time in a newspaper having general circulation in the City of
Prosper and shall be effective ninety ( 90 ) days after its passage
and publication.
DULY PASSED AND APPROVED by the City Council of the City of
Prosper , Texas , the '' day of C/ � � �z� , 1985 .
Mayor
ATTEST
City Secretary
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