Animal Ordinance

Ordinance 1273

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF KILGORE, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF KILGORE; REPEALING CHAPTER 4 OF THE CITY OF KILGORE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 4; DEFINING TERMS; PROVIDING FOR ADMINISTRATIVE PROCEDURES; PROVIDING FOR PROHIBITED ACTS; PROVIDING FOR RABIES CONTROL; PROVIDING FOR DANGEROUS ANIMALS; PROVIDING FOR THE REGULATION OF LIVESTOCK, POULTRY AND BIRDS; PROVIDING FOR A PENALTY OF UP TO THE MAXIMUM ALLOWABLE BY LAW FOR ANY VIOLATION; DISPENSING WITH THE REQUIREMENT FOR A CULPABLE MENTAL STATE; PROVIDING FOR SEVERABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the existing ordinance fails to address concerns regarding the regulation of animals within the City of Kilgore and to reflect current requirements of state statute; and,

WHEREAS, there is a need for a clear definition of prohibited animals, and a process for the regulation, impoundment, quarantine and disposition of animals, including the regulation of fierce or dangerous animals; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF KILGORE, TEXAS

Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved.

Section 2. That Chapter 4 of the Code of Ordinances of the City of Kilgore, Texas is hereby repealed in its entirety.

Section 3. That there is hereby added a new Chapter 4 of the Code of Ordinances of the City of Kilgore, Texas, to read as follows:

ARTICLE 1. GENERAL

Sec. 4-1. Definitions

When used in this ordinance, the following words or terms, unless the context indicates otherwise, shall be interpreted as meaning:

Administrator. The department of the City of Kilgore designated by the City Manager to administer and/or enforce the provisions of this article and any person or persons designated by such department to represent the department for said purposes.

Animal. Any vertebrate creature, domesticated or wild, excluding humans

At-Large. Running free or otherwise without physical or other restraint, whether on or off the premises of its owner

Animal Shelter. The facility designated by the City of Kilgore for the purpose of impounding and caring for stray, homeless, abandoned or unwanted animals, or any other animals held under authority of this ordinance

Animal Control Officer. A person designated by the City of Kilgore as the primary enforcement officer regulating animals and owners of animals and for the enforcement of State laws and regulations pertaining to the care and control of animals, or his or her designee

Animal Control Authority. The Health Department of the City of Kilgore for purposes of the Texas Health and Safety Code 822.001and its successors and the provisions of this ordinance

Animal Exhibition. A circus, carnival, or event owning or maintaining animals for purposes of displaying or performing in exhibitions of temporary duration not to exceed thirty (30) days, where attendance of the general public is solicited, operating under a contract, lease, special event permit, or otherwise approved by the City

Cat. A domestic feline of either sex, including one neutered or sterilized (any Felis catus according to Texas Administrative Code 169.22 and its successors)

Circus or Carnival. A commercial variety show featuring animal acts for public entertainment that is licensed under the federal Animal Welfare Act or licensed by the Texas Board of Health according to provisions of Chapter 824 of the Texas Health and Safety Code and its successors

Dangerous Wild Animals or Reptiles. An animal not normally considered domesticated, that is wild by nature. Dangerous wild animals or reptiles shall include but are not limited to the following:

  • Alligators
  • Jackal
  • Panthers
  • Bats
  • Jaguars
  • Raccoons
  • Bears
  • Leopards
  • Skunks
  • Bobcats
  • Lions
  • Tigers
  • Camels
  • Lynx
  • Venomous snakes
  • Cheetahs
  • Monkeys
  • Wildcats
  • Coyotes
  • non-human primates
  • Wolves
  • Crocodiles
  • Mountain Lions
  • Hybrids of the above
  • Foxes
  • Ocelots listed animals
  • Hyena

Dog. Any Canis familiaris, excluding wolf, jackal, fox or other dangerous wild animal of this family or any hybrids of a dangerous wild animal

Domestic Fowl. Any fowl normally adapted to live in intimate association with humans or for the advantage of humans

Fowl. Any heavy bodied, terrestrial bird of the order galliformes, including but not limited to, chickens, ducks, geese, pheasants, turkeys, grouse, guineas, or other common domestic fowl, but not including caged birds kept inside a building

Harboring. The act of keeping or caring for an animal including, but not limited to, the providing of food, shelter, or medical attention for the animal

High-risk animal. Those animals which have a high risk of transmitting rabies; this includes skunks, raccoons, coyotes, bats and species of foxes indigenous to North America

Kennel. An establishment designed or used for the commercial boarding, selling, breeding, or training of animals; occasional sales of registered animals kept primarily as pets or show animals and not primarily for breeding purposes shall not constitute commercial activity for purposes of this definition

Livestock. Any horse, swine, cattle, sheep, goat, mule, jack, emu, ostrich or rhea

Low-risk animal. Those with a low probability of transmitting rabies: they include all animals of the orders Marsupialia (opossums, etc.), Insectavora (shrews, moles, etc), Rodentia (mice, rats, hamsters, guinea pigs, etc.), Lagomorpha (rabbits, hares, etc.), Xenarthra (armadillos, anteaters, etc.)

Owner. Any person, corporation, partnership, trust or association or other entity owning, keeping, or harboring an animal or who has possession or control or who has the responsibility to control an animal other than a person who temporarily restrains an animal pursuant to this ordinance. Any person that feeds a stray animal more than two times or allows a stray animal to remain about his premises for a period of three days.

Pet Animal. Dogs, cats, rabbits, rodents, birds, non-poisonous reptiles and any other species of animal which is sold or retained as a household pet, but shall not include any species of wild, exotic or carnivorous animal that may be prohibited elsewhere in this ordinance.

Pet shop. An establishment where pet animals are kept for either retail or wholesale sale or trade by any person.

Poultry. All domesticated fowl that are kept in captivity.

Quarantine. Strict confinement under restraint by closed cage or on the premises of the owner in any other manner approved by the Local Rabies Control Authority or designee or at a facility approved by the Local rabies Control Authority or designee.

Rabies. A preventable, acute viral disease of human and animal that affects the central nervous system causing encephalopathy and ultimately death, usually transmitted by the bite of an infected animal.

Rabies Vaccination. The vaccination of a dog, cat, or other domestic animal with a rabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian licensed by the State of Texas.

Restraint. Controlled by a leash, at “heel” beside a competent person and obedient to that person’s commands, on or within a vehicle being driven or parked on the street, or in an enclosure on the premises of the owner or harbored.

Shelter. Protection from the elements including heat, cold, rain, ice, or snow by means of walls and a solid overhead covering such as a dog house or shed. A tree does not constitute proper shelter.

Stray animal. Roaming or at large with no physical restraint.

Wild Animal. Any reptile or mammal native to North America except the domestic species (dog, cat, horse, cow, sheep, goat).

Wildlife. Any animal that occurs naturally in a wild state. This includes wildlife hybrids.


ARTICLE II. ADMINISTRATIVE PROVISIONS

Sec. 4-2. Local Rabies Control Authority

For the purposes of this ordinance and in accordance with Section 826.017 of the Rabies Control Act, Chapter 826, Vernon’s Texas Codes Annotated, Health and Safety Code and its successors, the Local Rabies Control Authority (LRCA) for the City of Kilgore shall be the Director of Special Services and the Director’s designees. The duties of this authority shall include but are not limited to:

1. Enforcement of all ordinances and/or rules of the City of Kilgore pertaining to rabies and animal control

2. Enforcement of the provisions of state law and administrative rules of the Texas Board of Health

3. Designate those persons to serve as animal control officers as necessary to carry out the provisions of this ordinance

4. Receiving reports of animal bites and scratches to humans

5. Investigating all reported animal bites and scratches to humans and suspected rabid animals

6. Ordering quarantine on any animal that has exposed a human or been exposed to rabies.

Sec. 4-3. Animal Shelter to be established

The City Commission shall select and establish by contract an animal shelter for the impoundment, maintenance, shelter, and destruction of stray, diseased, or vicious animals

Sec 4-4. Authority to impound or destroy certain animals

Any police officer, animal control officer, or other person designated by the Authority may impound any stray animal found to be running at large within the city limits, and may proceed beyond the city limits in exigent circumstances as authorized by law, and may impound; any animal being kept in violation of this ordinance; any animal which is diseased and endangers the health of person or other animal; any animal that has bitten a human or which has acted in a fierce and vicious manner as described in this ordinance. Such persons may, under circumstances of emergency, destroy an animal posing an imminent danger to person, property or other animals; impound or destroy an animal that has bitten or scratched a person; impound for treatment or destroy an animal that is injured to a degree presenting little or no likelihood of recovery.

Sec. 4-5. Disposition of impounded dogs or cats.

1. As soon as practicable the shelter shall attempt to notify the owner of any impounded animal. Any impounded cat or dog may be redeemed by the payment of any fees, veterinary charges or vaccination fees incurred during impoundment. If animal is not redeemed after 72 hours the animal shall be deemed abandoned and may be placed for adoption, or said animal may be humanely euthanized. Any impounded animal that appears to be seriously ill, injured or visibly affected by any sign of a communicable disease or to be a risk to other animals in the shelter may be humanely euthanized before the end of the 72-hour waiting period.

2. An individual may adopt an animal from the animal shelter under such terms and conditions approved by the animal shelter.

3. Any veterinary procedure, testing, or treatment for any animal in the custody of the animal control authority, shall be the expense of the owner or person maintaining the animal

Sec 4-6. Temporary confinement of animals by individual

An animal found running at large may be temporarily confined in a humane manner. A person so confining an animal shall within 24 hours notify the animal control authority; and when so notified the animal control officer may impound said animal, and take actions pursuant to this ordinance.

Sec 4-7. Access

In the event an animal subject to impoundment under this ordinance or State statute, is on private property or the property of its owner or harbored, an impounding officer may enter the property, other than a private dwelling, for the purpose of checking the welfare of the animal, impounding the animal, or the issuance of a citation, subject to the applicable provisions of this ordinance.

Sec. 4-8. Enforcement

Enforcement of this chapter shall be the responsibility of the Animal Control Authority and/or the animal control officer. The Animal Control Authority and/or animal control officer shall have the authority to issue citations for any violation of this chapter. The animal control officer or his authorized deputies shall have the right, at any reasonable time to inspect any dog or cat to determine its welfare and or vaccination status and shall have the authority to enter any premises, other than a private dwelling, for such purpose, and it shall be unlawful for any person to refuse entrance to such animal control officer or his deputies or to impede, obstruct or exclude such animal control officer or his deputies when attempting to enter such premises for the purpose of inspecting such dog or cat, and any person who shall refuse entrance or impede or obstruct such animal control officer or deputy shall be guilty of a misdemeanor. The animal control officer shall have the right to take custody of any animal that has been neglected, treated inhumanely, or injured to the point that a reasonable person may feel it is in the best interest of the animal to remove it from the premises. Said animal shall be transported to the animal shelter for evaluation and or treatment.

Sec. 4-9. Records

It shall be the duty of the animal control authority of the City of Kilgore to maintain such records as deemed necessary to the enforcement of all provisions of this ordinance and have those records available to the public upon written request.

ARTICLE III. PROHIBITED ACTS

Sec. 4-10. Public Nuisances

It shall be unlawful and constitute a public nuisance for the owner or harbored to fail to restrain their dog or allow it to be at large.

It shall be unlawful and constitute a public nuisance for the owner or any person to maintain any animal, which attacks another animal (s); or damages public or private property; or engages in fierce or dangerous conduct.

It shall be unlawful and constitute a public nuisance for any owner, occupant, or other person in control of a premise to knowingly permit or maintain the presence of a dead or decaying animal carcass upon any such premises whether public or private within the City of Kilgore.

It shall be unlawful and constitute a public nuisance for any owner, occupant, or other person to allow any enclosure, yard, shelter, pen, structure, or similar place used for keeping animals or fowl to become unsanitary, or offensive by reason of odor, or create a condition that becomes a breeding place for fleas or other vectors, or which creates any health hazard or nuisance to adjacent property owners.

It shall be unlawful and constitute a public nuisance for any owner, occupant, or other person to harbor any animal which by any loud, frequent, long, continuous, or unusual sound or cry shall disturb the peace, comfort or quiet of the neighborhood or the occupants of adjacent properties.

Sec. 4-11. Limitation on the number of dogs and cats.

(a) It is unlawful for any household to own or keep more than six (6) dogs or cats upon any private premises within the City limits subject to the following exceptions: a veterinary clinic, an animal hospital or similar facility; an animal shelter; a kennel; a pet shop; a research institution; a qualified researcher; a performing animal exhibition; or a litter up to twelve (12) weeks old.

(b) It is an exception to this provision if the animals are housed at all times within a dwelling or on a premises which is a minimum of one acre in size and the dwelling or premises is maintained in a sanitary manner that is not a public health nuisance or a danger to the animals or the public.

(c) An allowable exception to section (a) can be given under the following guidelines:

1. Application to the administrator

2. Inspection of the premises by the administrator

3. Approval of the condition of the premises.

4. The premises shall be subject to periodic inspection.

(d) Provisions of section 4-11 (a), (b), and (c) shall not become effective until one year after the adoption of this ordinance.

Sec. 4-12. Acts of animal cruelty prohibited.

(a) Abandoning animals. It shall be unlawful for any person owning or harboring any animal to willfully abandon said animal or to withhold food, water or shelter from any animal so that its health is endangered or to cause it to suffer unduly.

(b) Animal neglect. It shall be unlawful for anyone to knowingly or intentionally leave an animal tied up or confined anywhere for more than twenty-four (24) hours at a time without properly feeding, watering and caring for same.

(c) Animal Endangerment. It shall be unlawful for anyone to leave an animal in an unattended vehicle when doing so may cause a reasonable person to believe the animal’s health will be endangered.

(d) Torturing, killing, fighting. It shall be unlawful for anyone to torture, cause to fight, or inhumanely kill any animal.

(e) Poisoning. It shall be unlawful for any person to poison any animal or to distribute poison or toxicants on public or private property in any manner whatsoever with the intent of poisoning animals. This section shall not be construed to prevent the poisoning of rodents and pests when the poison is dispensed in a safe manner not accessible to other animals.

(f) Animal fights. It shall be unlawful for any person to keep, or use, promote, watch, or to be connected with or have an active interest in the management of the fighting of any animal or animals, or allow any place under the control of an individual to be so used. An offense under this subsection shall be punishable pursuant to Texas Penal Code, Title 9, Chapter 42, Section 42.10 and its successors.

Sec. 4-13. Prohibited animals and reptiles.

(a) No hog or pig shall be kept in the city

(b) It shall be unlawful for any person to import, offer for sale, keep, maintain, harbor, or possess within the city limits, any dangerous wild animal or reptile as defined by this ordinance.

(c) This prohibition shall not apply to the following facilities, provided such facilities are otherwise operated in accordance with this ordinance and state law; and does not occur in a residential structure or within three hundred (300) feet thereof:

(1) A publicly or privately owned zoological park open to the general public.

(2) A federally licensed research institution or qualified researcher

(3) An animal exhibition which has all the proper permits to conduct business in the City of Kilgore, Texas

(4) Anyone holding a valid rehabilitation permit from Texas Parks and Wildlife, but only for animals of the permitted species and which are in rehabilitation

Sec. 4-14. Trapping prohibited; impoundment of traps.

It is unlawful for any person to set or place any trap designed for trapping animals in any street, alley, park, or other public place within the City limits.

It is unlawful for any person to set or place any steel-jawed or tooth-jawed trap upon any private premises within the City limits.

Traps mentioned in this section, when found in the City limits, are hereby declared abandoned property and any peace officer or Animal Control Officer is hereby authorized to impound and process the same as abandoned property in accordance with state law and this ordinance.

It is unlawful for any person to remove, alter, damage or otherwise tamper with a trap legally set by the administrator or its agents.

This section shall not prevent any person authorized by the administrator from engaging in the performance of their duties, or any person specifically authorized in writing by the administrator to conduct said trapping.

Sec. 4-15. Trapping, hunting, shooting, molesting birds.

It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner, any bird or wildfowl or their nests. If starlings or similar birds are found congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the administrator, the administrator, after three (3) days notice to the Audubon Society, bird clubs, garden clubs, or humane societies or as many of such clubs as are found to be in the city, shall meet with representatives of such clubs, and if no satisfactory alternative is found to abate such nuisance, the birds may be destroyed in such numbers and in such a manner as is deemed advisable by the administrator under the supervision of the chief of police.

ARTICLE IV. RABIES CONTROL

Sec. 4-16. Vaccinations.

(a) The owner or custodian of each dog or cat shall have the animal vaccinated against rabies by a licensed veterinarian by four months of age. The animal must receive a booster within twelve months. Every animal must be revaccinated annually with a vaccine licensed by the United States Department of Agriculture and administered by a licensed veterinarian.

(b) Upon vaccination, the veterinarian shall furnish to the owner or person harboring the dog or cat a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy for three (3) years. Such certificate shall contain the following information:

1. Owner’s name, address and telephone number

2. The animal’s species, age, sex, weight, predominant breed and colors

3. Vaccine used, producer, expiration date, and serial number

4. Date of vaccination

5. Rabies tag number

6. The veterinarian’s signature or signature stamp and license number

(c) Upon issuance and delivery of the Certificate of Vaccination, the veterinarian shall furnish a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance, vaccination date and the name and address of the issuing veterinarian. The owner or person harboring the animal shall attach the metal tag to the collar or harness of the vaccinated animal. In the event of loss or destruction of the original tag, a duplicate tag shall be obtained from the issuing veterinarian.

(d) Proof of Vaccination; It shall be unlawful for any person who owns or harbors a vaccinated animal to fail or refuse to exhibit the certificate of vaccination upon request of any person authorized to enforce this ordinance.

Sec. 4-17. Duty to report.

A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or knows of an animal the person suspects is rabid, shall report the incident to the City of Kilgore Animal Control Authority or his or her designee within twelve (12) hours. The report must include the name and address of the victim and the animal’s owner, if known; and any other information that may help in locating the victim or animal.

Sec. 4-18. Quarantine of animals.

(a) Pursuant to State law, the Local Rabies Control Authority, or his or her designee, is authorized to quarantine any animal when there is probable cause to believe that a person may have been bitten or otherwise exposed to rabies by that animal.

(b) The owner of any animal that has been reported to have inflicted a bite or scratch on any person, that is reasonably capable of spreading rabies, shall submit said animal for quarantine, as prescribed by State statute or this ordinance. Refusal to submit said animal constitutes a violation of law and each day of such refusal shall constitute a separate and individual violation. In the event the owner refuses or fails to quarantine the animal, the Local Rabies Control Authority may obtain a warrant to seize and impound the animal according to the provisions of State law and this ordinance.

(c) All costs for quarantine or testing shall be the responsibility of the owner or harborer of the animal.

(d) Conditions of quarantine shall be determined by the Local Rabies Control Authority (LRCA). The LRCA shall determine whether confinement shall be in the animal shelter, veterinary hospital or on the premises of the owner. During the quarantine period, an animal may be inspected at any reasonable time by the animal control officer or the LRCA.

(e) Home quarantine on the premises of the owner shall be only allowed in accordance with applicable State laws and regulations and when approved by the LRCA. Conditions under which home quarantine will be considered include:

(1) A secure enclosure approved by the LRCA or his or her designee must be used to prevent escape and/or exposure to other animals.

(2) The animal must have been vaccinated against rabies and the time elapsed since the most recent vaccination must not have exceeded the recommendations for the vaccine. If an unvaccinated animal is under the age of four months at the time of the bite, it may be considered for home quarantine.

(3) The LRCA or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine.

(4) The animal must not have been a stray at the time of the bite.

(5) The home is in the City limits.

(f) Any violation of the conditions of home quarantine will require that the animal be immediately surrendered to the animal control authority for quarantine according to the provisions of this article.

(g) It is unlawful for any person to kill or remove from the City limits any animal that has bitten a person or other animal, or has been placed under quarantine without the approval of the animal control authority, except when it is necessary to kill such animal to protect the life or safety of any person or other animal.

(h) If the biting animal is a high-risk animal, as defined by State law and this ordinance, it shall be humanely killed and a suitable specimen submitted for rabies testing as specified by State law.

(i) At the discretion of the Local Rabies Control Authority, currently vaccinated assistance, therapy, and police dogs may not be required to be placed in quarantine during the observation period

Sec. 4-19. Domestic animals exposed to rabies.

The owner shall immediately confine any animal that has been bitten by a rabid animal. The owner shall notify the animal control authority where the animal is confined and the reason therefore within 24 hours. The owner of the animal shall not permit the animal to come in contact with any person or animal until such time as the requirements of State law regarding rabies control have been met.

Sec. 4-20. Release or disposition of quarantined animal.

(a) If, at the end of the required quarantine period, the animal shows no clinical signs of rabies, the animal control authority may release the animal from quarantine upon compliance with vaccination requirements pursuant to State law.

(b) If, during the required quarantine period, the animal shows clinical signs of rabies, the animal must be euthanized and the brain submitted for testing to the Texas Board of Health according to State law.

(c) Licensed veterinarians must report the results of all rabies quarantine observations to the animal control authority immediately upon the completion of the quarantine period or upon determination that the animal is showing signs of rabies.

Sec. 4-21. Wild, exotic or dangerous animals.

Those dangerous wild animals which have bitten or scratched a person, shall be caught and the procedures established by State law and this ordinance shall be followed.

ARTICLE V. FIERCE OR DANGEROUS DOGS

Sec. 4-22. Regulation of fierce or dangerous dogs

(a) A dog engages in fierce or dangerous conduct when it threatens to attack or terrorizes a person on public or private property or in a public place, or has behaved in such a manner that the person who keeps the dog knows, or should reasonably know, that the dog possesses tendencies to attack or bite persons and occurs in a place other than an enclosure in which the dog was being kept and was reasonably certain to prevent the dog from leaving the enclosure on its own. This section shall not apply to dogs that are in the service of law enforcement agencies or guard dogs restrained as provided herein, or as excepted pursuant to the Texas Health and Safety Code 822.046 and its successors.

(b) No person who owns a fierce or dangerous dog shall allow the dog to engage in fierce or dangerous conduct.

Sec. 4-23. Procedure for impoundment of fierce or dangerous dog

Upon receiving a report concerning a fierce or dangerous dog, the Animal Control Officer or police shall obtain the following information:

(1) Name address and telephone number of the complainant

(2) Date, time and location of incident

(3) A report of the facts and circumstances of the incident

(4) A description of the dog

(5) A statement or report describing how the dog bit the complainant or acted in a vicious manner

(6) Other aggravating facts or circumstances, if any, relating to the incident

After a statement or report has been obtained, the dog shall be investigated by the Animal Control Officer. Upon showing of probable cause, a complaint may be filed in municipal court and, if necessary, the dog impounded as a public nuisance. If impoundment of the dog cannot be made with safety to the Animal Control Officer, or other persons, the dog may be destroyed without prior notice to the owner or harbored.

Sec.4-24. Guard dogs

Except for dogs used in law enforcement by law enforcement agencies, it shall be unlawful to place or maintain any dog which is specifically trained to attack, in any area for the protection of persons or property unless the dog is specifically confined to a specific in a building, in a fence or on a chain of sufficient size and strength to restrain the dog. The area or premises in which a guard dog is confined must be conspicuously posted with warning signs bearing letters not less than two (2) inches high and placed not less than every twenty-five (25) feet on or adjacent to the structure or barrier which confines the animal. In no event shall less than one (1) warning sign be conspicuously posted.

Sec. 4-25. Animal Control Officer authorized to enforce

The City’s animal control officer, including his or her duly designated assistants, are hereby authorized to enforce the provisions of State law and this ordinance regulating dangerous dogs.

Sec. 4-26. Additional requirements and restrictions for dangerous dogs

In addition to those requirements set out in State law, the following requirements and restrictions shall apply to any dog in the City limits of the City of Kilgore, Texas, determined by the Municipal Court to be a dangerous dog as defined under State law:

(1) The dog must be spayed or neutered within ten (10) days of the determination that the dog is a dangerous dog.

(2) The owner must register the dangerous dog with the animal control authority.

(3) The owner of the dog must obtain liability insurance or show proof of financial responsibility in an amount of at least one hundred thousand dollars ($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 to the animal control authority.

(4) If the dog is subsequently responsible for the death or serious injury, as defined in the Texas Health and Safety Code, to any person, the dog will be destroyed pursuant to statute.

(5) The dog shall at all times wear a collar and attached tag marked with an orange color visible at a minimum of fifty (50) feet.

(6) The dog, when taken outside the enclosure required by State law and this ordinance, must be securely muzzled in a way that will not cause injury to the animal, but shall prevent it from biting any person or animal, and must be restrained by a sufficient, substantial chain or cable leash not to exceed six (6) feet in length.

(7) The owner or person harboring the dog shall post a sign, or multiple signs if necessary, on the premises where the animal is located warning that there is a dangerous dog on the property. The sign or signs shall be easily visible and capable of being read from each public street or highway adjacent to the property.

(8) The secured enclosure for the dog, in addition to the minimum requirements for a secure enclosure contained in State law, shall have a top, be at least six (6) feet high and must be posted with easily visible signs on all sides warning of a dangerous dog.

(9) The City of Kilgore may charge a reasonable fee for the licensing of dangerous dogs, as established by a separate resolution of the city commission.

(10) The appeal of any determination by the Municipal Court that a dog is a dangerous dog will follow the provisions for appeal from a municipal court judgment as established in the Texas Government Code.

ARTICLE VI. REGULATION OF LIVESTOCK, POULTRY AND BIRDS

Sec. 4-27. Regulations relating to the keeping of livestock, poultry and birds

(a) It shall be the duty of the owner or harbored of any chickens, turkeys, geese or other poultry, emu, ostrich, rhea, horse, mule, jack, jenny, cow, cattle, sheep, goat or similar animal to keep such animals in a stable, shed, pen, or other enclosure and such enclosure, whenever in the City limits, shall be distant at least one hundred (100) feet from every building or structure used for sleeping, dining, or living, other than the owner’s residence, or in which any business is conducted. This section is not to be construed to prevent owners from keeping pet animals inside their residence. Waivers to this regulation may be given to sanctioned FFA, 4–H, or similar programs based on inspection by the administrator.

(b) Proper animal husbandry practices and sanitation as required by State law and this ordinance shall be maintained.

ARTICLE VII. ENFORCEMENT

Sec. 4-28. Interference with the animal control officer or designee

It shall be unlawful for any person to interfere with, molest, hinder or obstruct an animal control officer or other officer responsible for enforcement of this ordinance in the discharge of their duties.

Sec. 4-29. Penalty for Violation

Save and except for violations of this ordinance subject to penalties under state law, a violation of this ordinance shall be a Class C misdemeanor punishable by a fine in accordance with the Code of Ordinances of the City of Kilgore.

Sec. 4-30. Dispensing with requirements of culpable mental state

The City of Kilgore City Commission hereby dispenses with the requirement of establishing a culpable mental state in order to prove a violation of this ordinance.

Section 4. That if any provision, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, void or invalid, or for any reason unenforceable, the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion hereof or provision hereof shall be inoperative or fail by reason of any unconstitutionality or invalidity of any portion, provision or regulation, and to this end all provisions of this ordinance are declared to be severable.

Section 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict only; provided, however, that the repeal of an ordinance by this ordinance does not affect the prior operation of the ordinance or any prior action taken under it, any obligation or liability previously acquired, accrued, or incurred under such prior ordinance, any violation of the prior ordinance or any penalty, forfeiture, or punishment incurred under said ordinance before its repeal; any prosecution, investigation, proceeding or remedy under said prior ordinance and the penalty, forfeiture, or punishment imposed as a result of such prosecution, investigation, proceeding or remedy shall be imposed as if the prior ordinance had not been repealed.