If the hearing is not conducted within fifteen (15) working days of the date the notice of appeal is received, the department shall issue the requested permit or reinstate the revoked permit. (a) The owner of any animal within the city which has bitten or scratched a person so as to have caused an abrasion of the skin shall, on demand of the director or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b). The sellers permit number shall be prominently displayed in all advertisements, notices, or displays for sale of the animals. Published: 2004-02-20T11:40:43Z|2004-02-20T11:40:43Z|2004-02-20T11:40:41Z. 5-135. endobj San Antonio: Code of Ordinances: Chapter 5. A previous Release of animal subject to certification by veterinarian. Permits may be obtained by calling (800) 550-8242 or (512 . Confinement at owners expense; payment. This sign shall be visible and capable of being read from the public street or highway. Confinement of biting, scratching animals; sterilization required for biting animals. Sec. Any valid violation under this chapter, including exceeding the number of animals allowed on the original permit is grounds for revocation of the permit by the department. Any person or caretaker determined to be in violation of proper management and sterilization practices required by the department shall be issued a written warning and be allowed a period of time to come into compliance, or provide satisfactory evidence of working to achieve compliance. 5-155. 5-21. Ear cropping, tail docking, and dewclaw removal. 5-52. 5-52. An administrative search warrant shall be obtained from any municipal court judge or other magistrate to enter onto private property to search for the biting animal if permission to enter is not given. $75 Livestock Permit per hog, sheep, goat, llama, etc. A dog that has been determined to be dangerous cannot be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for dangerous dogs as outlined in section 5-77. 5-107. Impoundment of animals due to non-compliance. Animal owners shall collect and dispose of animal waste by flushing it down a commode, by burial at least six (6) inches below the surface of the ground, or by placing it in a disposable container, sealing the container, and disposing of it as household garbage. OTHER NEW SECTIONS New Vicious Dog Section. A sellers permit holder shall provide a purchaser a written statement which shall include a guarantee of good health for a period of not less than two (2) weeks with a recommendation to have the animal examined by a licensed veterinarian. Animal Limits Increase the limit of 8 fowl without permit & reduce the number of allowable roosters to only one. The director shall take into consideration the housing conditions, the history of the permittee as it relates to sanitation, health, welfare of the animals, birds or reptiles housed, and related zoning requirements. Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions. Persons adopting animals from the animal care services facility shall pay the applicable fees for adopting a dog or cat. Municode -Sec 5-107 - Animal limits; excess animal permit. In order to have more animals than this chapter allows at a residence, an owner must apply for an excess animal permit which shall be valid for one (1) year. A dog determined to be dangerous under this chapter shall not be offered for adoption, rescue or sale or be given away. (Ord. Sec. Filing Requirements Completed permit application The (1) All livestock must be enclosed in a pen the nearest point being at least one hundred (100) feet from any dwelling or business building owned or occupied by any person other than the owner. (3) On private property, in all cases except fenced rear yards of residences, if the officer reasonably believes that the animal will run at large if not impounded. Additionally, the director shall have authority to impound the dog pending completion of all appeals. Sec. The criteria used to evaluate the granting of a dog or cat permit are as follows: Fastening animals with rope or chain; choker collar. 5-3. Health emergencies. The animal permit hearing officer shall determine whether, by a preponderance of the 5-21. (f) Any dog or cat that bites a person or domestic animal without provocation or a dog that bites a person or domestic animal while the dog was found free of restraint shall be required to be sterilized within thirty (30) days following the quarantine period. Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions. Officers will make location and verify the need for permits as well as educate on required documentation, fees, inspections and frequency of renewal if applicable to obtain the necessary permit. 5-115. (6) The following outlines the appeal process for denial or revocation of a rescue group license: The City of San Antonio Animal Care Services began its process to update Chapter 5 animal laws and its strategic plan in February. The department shall take ownership of the animal immediately upon removal from the property; and An owner with fifty one (51) or more domestic fowl must keep the animals in a coop and run not less than one hundred (100) feet away from any business or dwelling occupied by a person other than the owner and have a business license that demonstrates a need to house over fifty (50) domestic fowl. Sec. If a litter permit and seller permit are requested simultaneously, the sellers permit fee may be waived. (f) If the directors decision or the animal determination hearing officers decision finds that a dog has engaged in aggressive behavior, the dog may be impounded pending the completion of any appeals. (d) The municipal court judge shall be the finder of fact. the owner between the hours of 6:00 a.m. and 10:00 p.m. 5-19. Misdemeanor violations by animal owners; presumptions. a. (a) Any owner reclaiming an impounded animal shall, before the animal will be released to him, pay impoundment and boarding fees. The complaint shall contain a description of the incident involving an alleged dangerous dog, as defined above, the date and location of the incident, the name of the owner of the dog, the address of the owner, and a description of the dog(s) involved in the incident. 822.0421 ofthe Texas Health and Safety Code. (d) An animal that is tethered must have access to adequate shelter, clean water, dry ground and shade from direct sunlight at all times. (4) The animal permit hearing officer shall determine whether, by a preponderance of the evidence, a permit should not be denied or revoked based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, department personnel, police or any other person possessing information pertinent to such determination. One litter permit shall be required for each whelping female dog or cat. the number of animals allowed on the original permit is grounds for revocation of Sec. (5) Organizations with an approved rescue group license shall be exempt from being required to have a sellers permit or pet shop license. < See the link for this code. The owner may cross examine witnesses. R}x$d1/X#dPw}`N!9s)~-~os[4.?qSDcbkOg LBtZ!28,W(_d-/. 5-137. In addition, the administrative appeal hearing officer is permitted to consider whether the animal permit hearing satisfied the requirements of due process. (a) Any animal not claimed by its owner after being held for two (2) days excluding the day the animal is impounded and any days the animal care services facility is not opened shall become the property of the city. Sec. (1) The following conditions must be met: 5-129. For the purpose of this chapter, an animal noise nuisance shall be defined as a minimum of two (2) separate recorded noise events over a period of twenty-four (24) hours where the animal can be heard continuously for a twenty (20) minute period of time one hundred (100) yards away, or behind the wall of a livable structure; (c) The owner or keeper shall prevent his animal from biting or injuring without provocation, any animal or person; (d) The owner or keeper shall prevent his animal from damaging or destroying public property or property other than its owners private property; (e) The owner or keeper shall not keep more than the number of animals allowed under this chapter; (f) An owner or keeper creates an animal nuisance by the keeping, frequent feeding or harboring of any venomous or inherently dangerous or prohibited animal. (b) It shall be a violation of this chapter for an owner or keeper to intentionally, knowingly, or recklessly fail to prevent a dangerous dog, from killing or wounding, or assisting in the killing or wounding of any domestic animal belonging to or in the possession of another person, or for an owner or keeper to fail to prevent a dangerous dog from attacking, assaulting, biting or otherwise injuring any person or assisting in the attack, assault, biting, or other injury of any person whether out of or within the enclosure of the owner or keeper, and whether or not such dangerous dog was on a leash or securely muzzled or whether or not the dangerous dog escaped without the knowledge or consent of the owner or keeper. (2) If an owner desires to exceed the maximum number of domestic fowl specified in subsection (b), an owner must make an application for an excess animal permit with the department which shall be valid for one (1) year. Any person who, as the operator of a motor vehicle, strikes a domestic animal, livestock, or any wild animal over five (5) pounds in weight, shall at once report the accident to the city customer services/311 department. 5-129. Dangerous/Aggressive Dog Designations |. < See the link for this code. A person who obtains a litter permit is still required to obtain a sellers permit if the person intends to sell the litter. The department is authorized to charge the dog owner a fee to cover the cost of this leash; If not so removed expeditiously, an animal care officer shall seize such animal if he has reason to believe the animal is not being properly fed, housed, or cared for, or is not being safely and securely confined for public safety. Restrictions for level 3 may be removed, with the exception of the secure enclosure. The director shall investigate the applicants qualifications for a license, and report its findings to the department. (a) An owner may appeal an aggressive dog determination within fifteen (15) days after receiving notice of the determination by: chapter 822 of the Texas Health and Safety Code. Failure of the owner of the animal to appear at the permit hearing shall result Sec. Animal Care Services Department 2of (b) Cockfighting is a violation of the Texas Penal Code and depending on the circumstances is a state jail felony, class A or class B misdemeanor. IN GENERAL, Chapter 5. Animal care officers or other law enforcement officers shall have the power to impound animals which create an animal nuisance for the purpose of abating the nuisance as follows: Sec. 5-79. (a) An animal owner commits a misdemeanor offense if by act, omission or possession he creates an animal nuisance. DANGEROUS AND AGGRESSIVE DOGS Sec. 5-76. 5-17. Impoundment of animals due to non-compliance. The domestic fowl must be kept housed or confined in a manner that does not allow Click through any link to read the entire Chapter 5 - ANIMALS city code. Sec. (e) The city animal care services facility is authorized to accept animals for humane disposition from individuals who reside in the city or in other municipalities or in unincorporated areas of Bexar County. a. (1) Once a permit is granted, the permittee must obey all rules pertaining to animal ownership within the city and the state. In order to have more dogs and/or cats than this chapter allows at a residence, an owner must apply for an excess animal permit which shall be valid for one (1) year. Definitions. < See the link for this code. Prevent unauthorized access to the snake through adequate safeguards. (d) Where it is deemed necessary by the city manager and the director, the city attorneys office is hereby empowered to secure injunctive relief to enforce the provisions of this chapter. Article V. ANIMAL MICROCHIPPING AND PERMITS. The person shall be notified of the directors findings and determination by certified mail, return receipt requested. The result of the administrative appeal hearing is final. The director has the authority to determine the requirements necessary with regard to risk to public safety or the safety of the animals for each event. Sec. (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. Sec. (b) An owner may not tether an unattended animal outside by use of a restraint that is composed primarily of a chain, has weights attached or is not attached to a properly fitted collar or harness. (6) The owner shall post a sign on his premises warning that there is a dangerous dog on the property. Sec. Livestock owners shall have and maintain a fly control program. Chicken Coops with 8 or more chickens must be at least 50 feet away from any dwelling. Euthanization of rabid animals, wild biting animals. (2) If an owner desires to exceed the maximum number and type of livestock specified in this section, an owner must make an application for an excess animal permit with the department which shall be valid for one (1) year. The criteria for evaluating the application for an excess animal permit shall be those listed in The filing of a complaint by the person will result in the issuance of a court summons to the owner or owners of the animal in question. (c) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law. Payment for cost of confinement. Prohibiting sale of baby chicks, ducklings or other fowl and rabbits. endobj Contact Us & Facilities FAQs Key Policies 90 Percent Live Release Rate Statistics & Reports Director Daily Shelter Flow What We Do & Services Adopt Found a Pet Lost Your Pet Loved - Happy Tails Pet Search Animal Control Investigations Online Reporting Low Cost Services Microchipping Pet Pantry Spay & Neuter Services Vaccinations Outdoor Cats & TNR A dog that has been determined to be aggressive may not be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 5-85. (d) The department has the right to immediately seize and remove all, or parts of any colony for the following reasons: Sec. If a licensed veterinarian or designee determines an impounded animal is suffering from disease or injury such that the animal is in pain or is beyond reasonable medical help, the animal may be euthanized immediately. Joint animal vaccination drives. Animal waste; sanitation standards. minimum number of pets as long as the organization follows requirements for those (e) Animals used within the city for entertainment purposes such as rodeos and circuses must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature. Animal nuisances; sterilization required for dogs free of restraint. Animals not reclaimed within this period shall thereafter become the property of the city and be subject to adoption, rescue, foster or humanely euthanized at the discretion of the department. (1) Application for licenses under this section shall be made to the department on the form furnished by the department and approved by the director. RABIES CONTROL ANIMALS: Article V. ANIMAL MICROCHIPPING AND PERMITS 5-112. 5-18. (a) The department shall send certified letter of notice to the animal owner indicating the departments decision to seize the animal(s) if compliance is not achieved within (ten) 10 days of receipt of the letter. evidence. (b) No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animals health or safety. (f) Nothing in this section shall authorize the department to issue a permit to a person to sell, trade, barter, lease, rent, or give away any animal on any roadside, public right-of-way, commercial parking lot, or at any garage sale, flea market or festival. The dog shall not be released to the owner or be made available for adoption until either potential recipient of the dog has established arrangements for accommodating the animal consistent with all the security and safety requirements ordered by the department. (d) Any animal being sold, traded, bartered, leased, rented, or being given away on any roadside, public right-of-way, commercial parking lot, garage sale, flea market, festival, park, community center or outdoor public place shall be subject to seizure and impoundment at the discretion of the investigating animal care officer. As part of its maintenance responsibility, the Public Works Division of the Infrastructure Services Department will remove animals that have been killed on county-maintained rights of way.
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