Farmersville Municipal Code Art. VII Animals

A. Any person owning or having charge, custody, care or control of any animal (except cats) kept or harbored in the city shall confine such animal exclusively upon such owner's premises and must not be able to enter upon public property, including sidewalks, or the premises of another.

B. No animal (except cats) shall be at large or to go or be upon the premises owned or occupied by any other person in the city without said person's consent.

C. All dogs shall be kept under restraint at all times, otherwise they will be classed as running at large.

D. Every animal (except cats) off the premises of the owner or custodian shall be restrained by a leash, cord or chain a maximum of ten feet in length, held by a person who is physically able to control the animal.

E. No dog shall be deemed to be running at large when the dog is upon the premises of a city dedicated off-leash dog park.

F. Every dog, under four months of age shall be confined to the premises of, or kept under physical restraint by, its owner or harborer. Nothing in this title shall be construed to prevent the sale or transportation of a dog under four months of age.

G. It shall be unlawful for any dog to run at large upon any school ground, or daycare within the city while such school or daycare is in session. Any person violating this section shall be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed two days or by a mandatory minimum fine of two hundred dollars or by both fine and imprisonment. In lieu of imprisonment, the court may impose the penalties put forth in Section 6.01.050(B)(1) of this chapter.

(Ord. 420 (part), 2006)

It is unlawful for any owner of a dog to be kept in the city, which dog shall, by loud or excessive barking, howling, whining or making any other noise, disturb the comfort or quiet of any neighborhood or any person; provided, that said owner has been made aware of the disturbance created by the dog.

(Ord. 420 (part), 2006)

A. Wherever any animal control officer or peace officer finds a public nuisance to exist within the meaning of this chapter, they shall notify the owner of the animal by issuance of a notice of violation or registered mail that the owner shall either abate said nuisance within ten days or show cause why said nuisance should not be summarily abated.

B. If said nuisance is not abated and no show of cause is made, the animal control officer may then issue a notice to appear to the owner of the animal or may impound the animal which is creating the nuisance. Any animal so impounded shall be taken to the city animal shelter.

(Ord. 420 (part), 2006)

It shall be unlawful for any dog to habitually or repeatedly interfere with pedestrians, cyclists, vehicles or other users of the public streets, alleyways, highways or roadways.

(Ord. 420 (part), 2006)

A. Any animal control officer, humane officer or peace officer, shall impound every dog which is found running at large within the city of Farmersville. When such a dog is taken up by an officer, they shall deliver the animal to the animal shelter.

B. Within two business days after an animal which is microchipped licensed is impounded under this chapter, the officer shall immediately post or mail a notice of the impounding to the owner at the address which is on file with the city of Farmersville. The owner of the animal shall be advised of the procedure whereby he or she may apply to regain custody of the animal.

C. Any public officer, animal control officer, humane officer or peace officer, shall have the power to summarily and immediately impound any dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal pending procedures pursuant to Article VI of this chapter.

D. The officer may enter and inspect private property to enforce the provisions of this chapter, provided such entry or inspection is conducted in a manner consistent with state and federal constitutional provisions.

(Ord. 420 (part), 2006)

Upon impoundment of any owned animal, the impounding officer shall notify the animal owner within two business days and advise the owner of the animal impoundment. A notice of impound left at the owners residence or place of business shall be considered an advisement of the impoundment. The notice shall contain the location where the animal may be redeemed and the destruction date if not redeemed.

(Ord. 420 (part), 2006)

A. The owner of any impounded animal shall have the right to reclaim the animal at any time prior to the lawful disposition thereof upon payment of the fees and charges, provided that the animal has not been impounded pending any legal proceedings. Any animal so claimed must be done in compliance with subsection D of this section.

B. Unless previously microchipped, any dog so reclaimed shall be microchipped prior to or at the time of redemption.

C. The owner of any animal impounded pursuant to Section 6.01.520 of this chapter may redeem the animal only upon written determination by a hearing officer, pursuant to Article VI of this chapter or upon failure of the animal control officer to establish a hearing date pursuant to Section 6.01.520(E) of this chapter. In either case, the owner of the animal must apply for redemption in compliance with subsection D of this section.

D. A person desiring to redeem an animal shall complete an application for redemption in a form prescribed by the animal shelter, which shall contain a description of the animal to be redeemed, the name and address of the claimant, and the statement that he or she is the owner of the animal to be redeemed. The person shall provide photo identification to shelter personnel at the time of redemption for verification of ownership.

The payment of such impoundment fees shall not bar the imposition of any fine which may be imposed for violation of this chapter.

(Ord. 420 (part), 2006)

A. Any animal which is microchip licensed that has not been redeemed within six business days after being impounded may be sold or lawfully destroyed by the animal shelter in a humane manner.

B. No animal which has been impounded for rabies quarantine pursuant to Article V of this chapter or pending a hearing or has been declared a potentially dangerous animal pursuant to Article VI of this chapter shall be sold or placed for adoption.

(Ord. 420 (part), 2006)

A. The supervisor of the animal shelter or any officer shall not receive any owned animal from any person unless:

1. Such person submits a photo identification for verification; and

2. Such person provides his or her current place of residence, which shall be registered and a proper record thereof kept by the shelter or city.

B. Any animal surrendered to an officer by its owner may be adopted or destroyed in a humane manner pursuant to state law.

C. The animal shelter will accept animal owner relinquishments of their own animal. The animal surrendered will be accompanied with vaccination papers and any other medical history documentation. The owner will complete a background form to facilitate direct entry of the animal into the adoption program, if applicable.

D. The owner of the animal shall assume all applicable fees and responsibility for such disposal or surrender.

(Ord. 420 (part), 2006)

Every female dog in heat shall be confined in a building or secure enclosure in such manner that such female dog will not come into contact with another male dog except for planned breeding. The owner of any female dog in heat or in season that is found running at large, shall be liable for any direct or indirect injury upon any human being when any male dog subsequently attracted to the female dog causes or inflicts the injury. Concurrently the owner of the male dog shall be liable for violations of this chapter.

(Ord. 420 (part), 2006)

Every person taking up any lost, stray or abandoned dog shall within seventy-two hours give notice thereof to animal control of such impoundment. Any dog so impounded shall be delivered to the animal shelter or to animal control without fee or charge.

(Ord. 420 (part), 2006)

Every person taking up any lost, stray or abandoned cat shall within seventy-two hours give notice thereof to animal control of such impoundment. Any cat so impounded shall be delivered to the animal shelter without fee or charge by the person who took up said animal. The city of Farmersville nor any officer shall be required to take custody of any lost or stray cat.

(Ord. 420 (part), 2006)

A. Notwithstanding any provisions herein to the contrary, animals injured or killed on or along public streets or other rights-of-way shall be presumed to be running at large.

B. If the animal owner is present, the animal control officer shall at his or her discretion:

1. Transport the animal to a veterinarian for treatment for the owner; or

2. Transport to the city animal shelter for disposition, upon lawful surrender by the owner.

C. The owner of such animal shall be liable for all expenses incurred by the city, as well as any penalties which may be imposed for violation of this chapter.

(Ord. 420 (part), 2006)

A. Animals captured within any privately owned humane animal trap shall be transported by the person owning or possessing such trap to the animal shelter within twenty-four hours. Any animal captured shall receive proper care and maintenance while in capture.

B. It shall be unlawful for a person, having placed a lawful trap in the city, to fail to inspect and empty it at least once during every twenty-four-hour period.

C. Any person found in violation of this article is guilty of a misdemeanor.

(Ord. 420 (part), 2006)

It shall be unlawful for any person to tamper with any humane animal trap or to release any animal captured in any humane animal trap that is lawfully placed upon public or private property by any officer within the city of Farmersville.

(Ord. 420 (part), 2006)

No person shall remove from restraint or release from confinement any animal:

A. Which has been impounded by an officer for the city of Farmersville; or

B. Which belongs to another person.

No person shall be criminally or civilly liable for liberating an animal for any valid emergency where the life of the animal is in immediate peril.

(Ord. 420 (part), 2006)

It shall be unlawful for any minor to have control, possession or custody of a dog, regardless of restraint while off the premises of the owner, unless the minor is under the immediate supervision of the parent(s), a guardian and/or other adult.

(Ord. 420 (part), 2006)

No owner shall permit or allow his or her animal to be on or in any building, store, restaurant or tavern where food or food products are sold, prepared or dispensed to people other than the owner thereof. The provisions of this title shall not apply to assistance dogs actually in use by disabled persons or by licensed organizations, entities or persons authorized to train dogs.

(Ord. 420 (part), 2006)