HomeMy WebLinkAboutOrdinance - 2006-O0025 - Amending Chapter 4 Of The Code; Regulating Keeping Animals; Criminal Penalties - 02/24/2006First Reading
February 24, 2006
Item No. 6.24
ORDINANCE NO. 2006-o0025
Second Reading
March 8, 2006
Item No. 5.1
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LUBBOCK;
PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the citizens of the City of Lubbock to protect their health, safety, and welfare
by the enactment of a comprehensive animal control ordinance; and
WHEREAS, local conditions and recent amendments to the state laws regarding
the regulation of animals require modification of the present City regulation of animals;
and
WHEREAS, the City Council hereby exercises its authority under Article 11,
Section 5, of the Texas Constitution as a horne rule city to enact regulations not
inconsistent with the general laws of the State ofTexas in the interest of the health, safety
and welfare of the citizens ofthe City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 4 of the Code of Ordinances of the City of
Lubbock, Texas is hereby to read as follows:
Chapter 4
ANIMALS
ARTICLE I. IN GENERAL
Section 4-1. Definitions.
For the purposes of this chapter; certain terms and words are hereby
defined. Words used in the present tense include the future, the singular number
includes the plural, and the plural the singular; reference to the male gender
includes the female, and references to any person or animal without specifying
gender include both male and female; the word "shall" is mandatory and directory
wherever it is used in the chapter. Other words defined are:
Animal means any living creature, except human beings, classified as a
member of the Kingdom Animalia and including, but not limited to, mammals,
birds, reptiles and fish.
Animal services facility means an establishment operated by the City of
Lubbock for the temporary confinement, safekeeping, and control of animals
which come into the custody of the City of Lubbock.
Animal dealer means any person, partnership or corporation engaging in
the business of buying, selling or trading animals to others in any public area,
including, but not limited to, sale of any animal at a roadside stand, booth, flea
market, or other temporary site. This definition does not include private party
animal sales or govenunent operated animal shelters.
Animal establishment means any facility or business that has custody or
control of animals within the City of Lubbock including, but not limited to, pet
shops, pet grooming facilities, animal auction facilities or commercial kennels.
This tenn does not include veterinary or medical facilities, research or other
facilities licensed by government agencies.
Animal Exhibition means any exhibition or act featuring performing
animals, including circuses, temporary animal exhibits, petting zoos and private
zoos. Such exhibitions shall not include resident or non-resident dog and cat
shows which are sponsored and/or sanctioned by the Animal Services Division.
Assistance animal means any animal professionally trained to assist a
handicapped person.
At large means an animal (excluding sterilized and registered cats) that
meets one ( 1) of the following criteria:
(1) On premises of owner. Any animal not confined to the premises of
the owner by some physical means of sufficient height, strength,
length, and/or manner of construction to preclude the animal from
leaving the premises of the owner. Any animal being contained by
a fence that, because of the fence's lack of height or general
disrepair, cannot properly restrict the animal, shall be considered at
large.
(2) Off premises of owner. Any animal which is not physically and
continually restrained by some person by means of a leash or chain
of proper strength and length that precludes the animal from
making unsolicited contact with any person, their clothing, their
property, or their premises.
The term shall not include animals being trained or exhibited while
under the immediate physical or vocal control of a person, so long
as the animal demonstrates complete and immediate compliance
with all vocal commands of the person.
Auction means any place or facility where animals are regularly bought,
sold or traded. This definition does not apply to individual sales of animals by
private owners.
Cat means any live or dead cat (Felis catus)
Cats and related terms are defined as follows:
Ear tipping means a technique for painless removing of a quarter-
inch off the top of a feral eat's left ear by a licensed veterinarian while the
cat is anesthetized for spay/neutering for the purpose of permanently
identifying a feral cat that has been evaluated, vaccinated, and sterilized.
Feral Cat means any cat which is too poorly socialized to be
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handled (and therefore must be trapped and sedated for examination) and
cannot be placed into a typical pet home.
Feral Cat Caregiver means a person who feeds feral cats, performs
Trap-Neuter-Return, and provides long-term care and monitoring for adult
feral cats that are returned.
Feral Cat Colony means three or more cats, "loosely owned",
"Quasi-owned", or "marginally owned" who have been fed and cared for
at some level but are not claimed by any one person.
Free Roaming Cat means cats which are not confined to the house
or an enclosure and are at large.
Managed Feral Cat Colony means a group of feral cats living
together and having strong blood ties in which all cats have been sterilized
and vaccinated and are provided daily food and shelter by a feral cat
caregiver. The caretaker follows the most structured form of TV ARM.
This means to Trap, Vaccinate, Alter, Return, and Manage.
Registered Feral Cat Colony means registered at Lubbock Animal
Services and meeting all requirements of this chapter.
Stray Cat means cats which are currently or recently owned which
may be lost from their homes.
City Enforcement Agent means the City of Lubbock Health Director,
Animal Services Manager, their authorized representatives, or a law enforcement
officer. The Animal Services Manager shall be responsible for the enforcement of
this chapter and any regulations promulgated hereunder, unless otherwise
provided by law.
Commercial Establishment means establishments that engage in activities
that include animal dealer, animal establishment, and animal exhibition, as those
terms are defined herein.
Dangerous animal means:
(1) Any individual animal which, because of its physical nature and/or
vicious propensity, would constitute a danger to human life or
property; or any animal that is possessed of tendencies to attack or
to injure human beings or other animals;
(2) An animal that commits an unprovoked attack on a human being;
that causes bodily injury and occurs in a place other than an
enclosure in which the animal was being kept and that was
reasonably certain to prevent the animal from leaving the enclosure
on its own;
(3) An animal that commits unprovoked acts in a place other than an
enclosure in which the animal was being kept and that was
reasonably certain to prevent the animal from leaving the enclosure
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on its own, and those acts cause a person reasonably to believe that
the animal will attack and cause bodily injury to that person; or
(4) An animal that makes an unprovoked attack on a domestic animal
or domestic fowl that causes bodily injury or death; and which
occurs when such animal is at large.
Dangerous wild animal means any animal not nonnally considered
domesticated which, because of its size, vicious nature or other natural
characteristic would constitute a danger to human life, property or domestic
animals, or any animal that is restricted from ownership by any state or federal
law including, but not limited to, the following animals:
(1) Reptiles: venomous reptiles, crocodiles or alligators;
(2) Birds: emus, ostriches, rheas, and any species illegal to own under
federal or state law;
(3) Mammals: ocelots, lions, tigers, jaguars, leopards, cougars,
bobcats, wolves, dingoes, coyotes, jackals, elephants, weasels,
martins, minks, badgers, pandas, bears, raccoons, bats, foxes,
skunks, cheetahs, servals, caracals, hyenas, baboons, chimpanzees,
orangutans, gorillas, any species illegal to own under federal or
state law, and any animal which is, or may be here after, listed as a
"high risk" animal in the Texas Rabies Control Act; or
( 4) Any hybrid of any animal classified as a Dangerous Wild Animal
Department means the City of Lubbock Health Department.
Dog means any live or dead dog (Canis familiaris)
Enforcement agent means the local health director, local rabies control
authority, local health authority, animal services officers and other authorized
employees of the City of Lubbock.
Estray means any unbranded sheep, cattle, horses, or mules found running
at large, or any branded sheep, cattle, horses, or mules found running at large, or
any swine found running at large; but it does not mean nor include any unweaned
animal specified in this section that is running with its mother.
Identification means any acceptable method such as microchipping,
registration tag, or tattoo readily traceable to the current owner.
Impound means the placing of an animal in the city's animal services
facility, or, the taking into custody of an animal for the purposes of transportation
to the city's animal services facility.
Inhumane treatment of animals means any treatment of an animal
prohibited by any provision of law, including federal, state and local laws,
ordinances or rules.
Kennels, commercial, for purposes of this chapter only, means any
establishment where a person, partnership or corporation keeps dogs or cats
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primarily for the purpose of breeding, buying, selling, trading, showing, training
or boarding such animals.
Livestock means or includes, regardless of age. sex or breed, horses,
consisting of all equine species including mules, donkeys, and jackasses; cows,
consisting of all bovine species; sheep, consisting of all ovine species; llamas or
alpacas; goats, consisting of all caprine species; and pigs, consisting of all swine
species.
Microchip implant means a passive electronic device that is injected into
an animal by means of a hypodennic·type syringe device. Each microchip shall
contain a unique and original number that is read by an electronic scanning device
for purposes of animal identification and recovery by the animal's owners. The
microchip implant shall be supplied with an exterior collar-type tag for purposes
of an external means of notifying others that the animal has been implanted with a
microchip.
Microchip Reader means an electronic scanner with an operating
frequency that is able to detect a microchip that has been implanted in an animal,
and display the number of the microchip to its operator. The microchip reader
shall be of a type that activates and displays the number of a microchip
manufactured by multiple vendors.
Neutered means any animal, male or female, rendered incapable of
breeding or being bred.
Owner means any person, partnership, corporation, association or legal
entity that harbors, shelters, keeps, controls, manages, possesses or has whole or
part interest in any animal. The occupant, owner or head of household of any
premises where an animal remains for seventy-two (72) hours or more shall be
rebuttably presumed to be the owner of such animal, unless the animal has been
reported to the City Enforcement Agency as a stray animal. An occupant of any
premises on which a dog or cat remains or customarily returns is a person
responsible for it under this chapter. If a person under the age of seventeen (17)
years owns an animal subject to the provisions of this chapter, the head of the
household of which such person under the age of seventeen (17) years is a
member shall be the person responsible for the animal under this chapter. Such
household head may himself be under the age of seventeen (17) years and
therefore subject to prosecution under this chapter. There may be more than one
person responsible for an animal.
Pet Animal means any animal that may be kept as a pet within the City of
Lubbock so long as all of the required provisions of this Ordinance are met, and is
not a Dangerous Wild Animal or a Wild Animal, including but not limited to the
following animals:
(1) Reptiles -Any non-venomous reptile that is not protected from
ownership by any state or federal law;
(2) Birds -Any birds commonly kept as pets that are not protected
from ownership by any state or federal law, or any bird kept for
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falconry purposes by a state and federally permitted falconer;
(3) Fish -Any fish commonly kept as pets that are not protected from
ownership by any state or federal law; or
(4) Mammals -includes any mammal commonly kept as pets
including dogs, cats, ferrets, rabbits, guinea pigs, hamsters,
hedgehogs, rats, mice, chinchillas, and sugar gliders but not limited
to these.
Pony ride means the use of any horse, pony, mule, donkey, or burro to
provide rides to, or to pull wagons containing, individuals other than the animals'
owners, whether gratuitously or for a fee.
Private-owned animal sale means the individual sale of a pet animal by
private owners to other private owners that occur at the residence of either the
seller or buyer.
Public Health Administrator means the Director of the City of Lubbock
Health Department.
Public nuisance means the conduct of any owner in allowing an animal to:
(1) Engage in conduct which establishes such animal as a 11dangerous
animal'';
(2) Damage, soil, defile or defecate on private property other than the
owner's or on public property, unless such waste is immediately
removed and properly disposed of by the owner of the animal;
(3) Be "at large" (excluding sterilized and registered cats that are
identified by some means of traceable identification);
(4) Cause a disturbance by excessive barking or noise making near the
private residence of another;
(5) Produce odors or unclean conditions sufficient to offend a person
of normal sensibilities standing or which creates a condition
conductive to the breeding of flies or other pests;
(6) Chase vehicles, or molest, attack or interfere with other animals or
persons, or is at-large on public or private property; or
(7) Create a condition that is dangerous to human life or health;
renders the ground, the water, the air or the food a hazard or
injurious to human life or health or that is offensive to the senses;
or that is detrimental to the public health.
Quarantine means to take into custody, place in confmement, and isolate
from human beings and other animals. The quarantine period for a dog, cat, or a
domestic ferret for rabies observation is ten (10) days or 240 hours from the date
and time of the bite, scratch or other exposure, or as recommended by the regional
veterinarian from the Texas Department of State Health Services.
Rabies Control Authority means the Animal Services Manager or other
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designee of the Health Director.
Registration means a rabies certificate issued by a licensed veterinarian
and an identification tag recognized by Animal Services from an approved issuing
agent.
Restraint means to control an animal by physical means so that it remains
on the premises of the owner, or, when off the owner's premises, by means of a
cage, or leash or rope under the direct control of a person of sufficient strength to
control the animal.
Sterilized means an animal rendered incapable of reproduction by means
approved by the American Veterinary Medical Association.
Tether means to chain, tie, fasten or otherwise secure an animal to a fixed
point so that it can move or range only within certain limits.
Traceable identification means a type of identification, such as a tag,
microchip, or tattoo, that can be readily used by Animal Services to identify the
current ownership of an animal.
Vaccination means the inoculation of an animal with a rabies vaccine that
is licensed by the United States Department of Agriculture for use in that species
and which is administered according to the label's directions by a veterinarian for
the purpose of immunizing the animal against rabies.
Veterinary hospital means any establishment maintained and operated by
a licensed veterinarian for surgery, diagnosis and treatment of diseases and
injuries of animals.
Wildlife educational center means an organization that has met all of the
state and federal requirements to possess wildlife for educational purposes.
Zoological Park means any facility, other than a pet shop, kennel, or
wildlife education center, displaying or exhibiting one or more species of
nondomesticated animals, and operated by a person, partnership, cooperation, or
governmental agency.
Section 4-2. Penalties.
Any animal that is found to be in violation of this chapter may be
impounded by the City Enforcement Agent. Additionally, any person or owner
who violates or fails to comply with any portion of this chapter may receive a
citation from the City Enforcement Agent and shall be deemed guilty of a Class C
misdemeanor for each animal in violation. Each day of violation of this Chapter
shall constitute a separate offense.
Section 4-3. Office of Animal Services Manager Established; Duties;
Enforcement.
(a) Establishment of the office of Animal Services Manager:
(1) There shall be and is hereby created the office of Animal Services
Manager.
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(2) The Animal Services Manager shall act as the local rabies control
authority for the purpose of enforcing animal health and control
laws of the State of Texas.
(3) The city may employ animal control officers to assist the Animal
Services Manager in the carrying out of specified duties.
(b) It shall be the duty of the Animal Services Manager and designated
representatives to:
(1) Administer and enforce all state and federal laws pertaining to
animals which authorize the local rabies control authority or
animal control officers to enforce the same;
(2) Administer and enforce the animal ordinances of the city when a
nuisance or health problem is caused by one ( 1) or more animals;
(3) Supervise the animal services operations of the city; and
( 4) Aid the state health department in the enforcement of area
quarantines.
(c) The Animal Services Manager and any animal control officer of the
city shall have the authority to issue citations for any violation of this chapter and
any other power or duty stated within the terms of this chapter. If the person being
cited is not present, the animal control officer may send the citation to the alleged
offender by registered or certified mail, return receipt requested, by depositing the
same in the U.S. Mail, postage prepaid.
(d) It shall be unlawful for any person to knowingly prevent, interfere
with, or obstruct the Animal Services Manager or an animal control officer in the
performance of their duties. It shall be unlawful for any person to fail to comply
with any lawful order of the local rabies control authority officer or any animal
control officer of the city.
(e) The local rabies control authority officer, any animal control officer,
or any peace officer is authorized to, including but not limited to:
{1) Humanely euthanize an animal which poses an imminent danger to
a person or property or when a real or apparent immediate
necessity exists for the destruction of an animal.
(2) Impound an animal which is diseased or endangers the health of a
person or another animal.
(3) Impound any animal found to be running at large within the city.
(4) Humanely euthanize an impounded animal if the animal is
suffering from injury, disease, or illness.
(5) Humanely euthanize any animal suspected of having rabies, or
which animal manifests a disposition to bite, when such animal(s)
is found at large after having made a reasonable, but unsuccessful,
effort to capture the animal.
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(6) Humanely euthanize any impounded dangerous animal
immediately upon impoundment, unless there is reason to believe
that it has an owner.
(7) Humanely euthanize any wild animal immediately upon
impoundment, so long as such act does not violate state of federal
laws.
(8) Humanely euthanize any nursing baby animal impounded without
the mother, or where the mother cannot or refuses to provide
nutritious milk, to prevent further suffering.
{9) Humanely euthanize an animal when an owner no longer wishes
responsibility for an animal or believes the animal to be in an ill or
injured condition upon the owner signing a waiver, supplied by the
animal shelter, allowing the animal to be immediately euthanized.
(1 0) Humanely euthanize or transfer to a humane organization any
impounded animal that is to be destroyed as a result of the animal
being impounded for more than seventy-two (72) hours.
{f) In any complaint and in action or proceeding brought for the
enforcement of any provision of this chapter, it shall not be necessary to negate
any exception, excuse, proviso, or exemption contained in this chapter; and the
burden of proof of any such exception, excuse, proviso, or exemption shall be on
the owner or defendant as an affirmative defense.
(g) The City shall be entitled to pursue all other criminal and civil
remedies to which it is entitled to under the authority of federal, state or local law.
(h) No person shall interfere in any manner or give false information to
the local rabies control authority, local health director, the animal control officers
and other authorized employees of the City in the performance of their duties.
Sec. 4-4. Inhumane Treatment of Animals.
(a) The City Enforcement Agent shall utilize the authority granted by
federal, state and local laws to lawfully seize and impound any animal if the
investigating City Enforcement Agent or police officer has reason to believe that
an animal has been, or is being cruelly treated, pending a hearing before any
Justice of the Peace or any municipal court judge on the issues of cruelty and
disposition of the animal. Seizure of the subject animal prior to receiving a
warrant is hereby authorized if such a delay endangers the life or well-being of the
animal, or if it would unreasonably prolong the suffering of the animal needing
immediate attention.
(b) Animals shall be cared for, treated, maintained, and transported in a
humane manner and not in violation of any provision of law, including federal,
state, and local laws, ordinances, and administrative rules.
(c) In addition, a person commits an offense if:
(1) A person other than a licensed veterinarian docks an animal's tail
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or removes dew claws of a puppy over five (5) days of age, or
crops an animal's ears of any age;
(2) A person physically removes from its mother by selling, giving
away, delivering, trading, or bartering any dog, cat, ferret, or rabbit
less than six (6) weeks old or any other animal that is not yet
weaned, except as advised by a licensed veterinarian;
(3) A person dyes or colors chicks, ducks or rabbits;
(4) A person sells, gives away, delivers, trades or barters chickens or
ducks;
(5) A person abandons or dumps any animal;
(6) A person who is in control of a motor vehicle that strikes a
domestic animal fails to report the accident to the city Animal
Services Facility as soon as possible;
(7) A person overdrives, overloads, drives when overloaded, or
overworks any animal;
(8) A person tortures, cruelly beats, mutilates, clubs, shoots or
attempts to shoot with any air rifle, bow and arrow, slingshot, or
fireann, or by any other means needlessly kills or injures any
animal, wild or owned, within the limits of the city;
(9) A person carries or transports an animal in any vehicle or
conveyance in a cruel, inhumane, or unsafe manner or fails to
effectively restrain such animal so as to prevent the animal from
leaving or being accidentally thrown from the vehicle during
normal operation of the vehicle or fails to restrain the animal so as
to prevent infliction of bodily harm to passersby.
(1 0) A person forces, allows, or permits any animal to remain in its own
filth;
(11) A person keeps, shelters, or harbors any animal having a
potentially life~threatening infestation of ticks, fleas, or other
parasites, any other obvious life threatening illness, or injury, or
any other communicable illness transmissible to animal or human,
without having sought and obtained proper treatment from a
licensed veterinarian for such infestation or illness;
(12) A person causes an animal to fight another animal or person;
(13) A person fails to provide, at all times, his animal with adequate
wholesome food and potable water, proper shelter and protection
from inclement weather, and veterinary care when needed to
prevent suffering;
(14) A person, finn or corporation shall raise or kill a dog or cat for the
skin or fur;
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(15) A person, firm or corporation shall mutilate any animal, whether
such animal is dead or alive (medical or veterinary medical
research, medical or veterinary medical necropsy, and biology
class use of animals shall not be considered mutilation);
(16) A person, firm or corporation attaches a collar or harness to an
animal that is of an inadequate size so that it restricts the animal's
growth or causes damage to the animal's skin;
(17) A person shall engage or allow another to engage in any sexual act
with an animal;
(18) A person allows a stray animal to remain on their property without
notifying the city Animal Services Facility of such fact within
twenty-four (24) hours;
(19) A person who owns or is in control of an animal permits such
animal to be at large within the City of Lubbock;
(20) A person breeds or causes to be bred, any animal within the public
v1ew;
(21) A person who creates, maintains, permits or causes a public
nuisance, as defined in this chapter; or
(22) A person owns, keeps, harbors, or possesses horses, cattle, or other
livestock in any manner that is a violation of this Ordinance.
(23) A person who creates, maintains, permits, or causes a public
nuisance, as defined in this chapter.
(d) This section shall not be interpreted to restrict the extermination of
rats, mice, insects, other vermin, or any such animal deemed a nuisance by state
law, through the use of traps, poisons, or other commercially available means
when used in accordance with the manufacturer's directions as long as reasonable
precautions are taken to ensure that no human, pet, or wild animal, other than the
targeted species, comes into contact with the traps, poisons, or other means and
that such use does not violate any other section of this Ordinance.
(e) This section shall not be interpreted to restrict rodeos, 4H Clubs, or
FF A Club activities and operations.
Section 4-5. Inducement.
(a) It shall be a violation of this chapter for any person to give away any
live animal as a prize or as an inducement to enter any contest, game, raffle, or
other competition or an inducement to enter a place of business or to offer such
animal as an incentive to enter into any business agreement whereby the offer was
for the purpose of attracting trade.
(b) This section shall not be interpreted to restrict any animal from being
offered for sale at auction, provided that such sale does not otherwise violate any
other section of this Ordinance.
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Section 4-6. Leaving Animal Unattended in Vehicle.
A person having charge or custody of an animal shall not place or confine
such animal or allow such animal to be placed or confined in a motor vehicle or
trailer under such conditions or for such a period of time as may endanger the
health of the animal due to heat, lack of food or water, or such other
circumstances as may cause injury or death of the animal. City enforcement
agents finding an animal being held in violation of this provision may cite the
owner for violating this Ordinance, obtain a search warrant pursuant to state or
federal law, and/or use reasonable force to remove an animal from a vehicle
whenever it appears the animal's health or safety is, or soon will be endangered,
and said neglected or endangered animal shall be impounded and held pending a
hearing. It shall be the responsibility of the animal's owner to repair any damage
caused by the removal of the animal from the dangerous situation by the City
Enforcement Agent or peace officer.
Section 4-7. Tethering Dogs and Other Animals.
It shall be unlawful for any person to tie or tether a dog or other animal to
a stationary object for a period of time or in a location so as to create an unhealthy
situation for the animal or a potentially dangerous situation for a pedestrian as
determined by the City Enforcement Agent. The terms "unhealthy situation~~ and
"potentially dangerous situation" shall include, but not be limited to the
following:
(1) To tether any animal in such a manner as to permit the animal
access upon any public right-of-way;
(2) To tether any animal in such a manner as to cause the animal
injury or pain or not to pennit the animal to reach shelter, food
and/or water or otherwise create an unsafe or unhealthy situation;
(3) To tether any animal in such as manner as to pennit the animal to
leave the owner's property;
(4) To tether any animal in an area that is not properly fenced so as to
prevent any person or child from entering the area occupied by
said animal;
{5) To tether any pet animal in a manner whereby the animal is subject
to harassment, stings or bites from outdoor insects, or attacks by
other animals;
(6) To tether any pet animal with a tether that is less than ten (10) feet
in length;
(7) To tether any animal with a tether that is not equipped with swivel
ends;
(8) To tether any animal in such a manner that does not prevent the
animal from becoming entangled with any obstruction, from
partially or totally jumping any fence, or from leaving part of its
owner's property.
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(9) To fail to remove waste from the tethered area on a daily basis;
(10) To tether any animal without using a properly fitted collar or
harness;
( 11} To use choke-type collars to tether any animal; or
(12) To use a tether that weighs more than one fifth (1/5) of the
animal • s body weight.
Section 4-8. Abatement and Imminent Threat; Right of Entry; Search
Warrants.
{a) Animal control officers or other law enforcement officers shall have
the power to impound animals which create an animal nuisance per se for the
purpose of abating a nuisance and in cases where animal control officers have
reason to believe an animal has been or is being cruelly treated, has rabies or
exhibits other violations of law as follows:
(1} On public property, in all cases;
(2) On private property, if:
a. The consent of the resident or property owner is obtained,
b. The officer reasonably believes there is immediate and
irnrninent danger or peril to the public if the animal m
question is not impounded, or
c. Authorized by appropriate courts of law.
(3) The officer has the right to pursue and apprehend animals running
at large onto private property while enforcing the provisions of this
chapter.
(b) Any animal observed by the City Enforcement Agent or peace officer
to be in immediate danger, in the agent's or officer's opinion, may be removed
from such situation by the quickest and most reasonable means available. It shall
be the responsibility of the animal's owner to repair any damage caused by the
removal of the animal from the dangerous situation by the City Enforcement
Agent or peace officer.
(c) The Health Director, Animal Services Manager, or assigned designee
may order the abatement of the conditions which are not in accordance with this
ordinance, other applicable state or federal regulations or laws, or which
otherwise constitute a nuisance. Failure to comply with the written notice
constitutes grounds for the city to obtain any relief available to by law, including,
but not limited to relief by injunction. Additionally, failure to comply with the
written notice may subject the violator to administrative proceedings and criminal
charges.
Section 4-9. Defecation of Dogs on Public and Private Property.
(a) An owner, harborer, or other person in possession of a dog commits an
offense if he knowingly permits, or by insufficient control allows, the dog to
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defecate in the city on private or public property and fails to remove and dispose
of any excreta the dog deposits.
(b) An owner, harborer, or other person in possession of a dog commits
and offense if he:
that:
(1) Knowingly permits the dog to enter or be present on private
property located in a public place; and
(2) Fails to have in his possession materials or implements that, either
alone or in combination with each other, can be used to
immediately and in a sanitary and lawful manner both remove and
dispose of any excreta the dog may deposit on the property.
(c) It is an affirmative defense to prosecution under subsection (a) or (b)
(1) The property was owned, leased, or controlled by the owner,
harborer, or person in possession of the dog at the time it
defecated;
(2) The dog was specifically trained to assist a person with a disability
and was in possession of that disabled person at the time it
defecated or was otherwise present on the property;
(3) The owner of the property or person in control of the property had
given prior consent for the dog to defecate on the property; or
( 4) The dog is a police canine being used in official law enforcement
activities.
Section 4-10. Unabated Nuisances.
(a) A "continuing public nuisance" is defined as a public nuisance that,
after notice as described in subsection (c) to the owner of an animal(s) or person
in control of an animal(s), continues unabated, as determined by the Animal
Services Manager.
(b) The Animal Services Manager may determine that a public nuisance
exists through an investigation of any reported or perceived public nuisance, and
may interview witnesses and/or conduct such hearings as he may determine are
necessary, formally or informally. He shall make a determination based on the
necessity to preserve the public health, safety and welfare of the community.
(c) Upon such determination, the Animal Services Manager shall notify
the animal owner or the person in control of the animal(s). This notice shall be in
writing and shall contain a statement that such person has a right to appeal. The
notice shall set forth the noncompliance and ordering the owner to abate the
public nuisance described in such notice within seven (7) days. Notice of a public
nuisance shall include, but not be limited to, written notice of the existence of a
public nuisance delivered by personal service, certified mail, return receipt
requested, or left at the entrance to the premises where the animal (s) is harbored.
A notice that is mailed is deemed received five (5) days after it is placed in a mail
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receptacle of the United States Postal Service.
(d) If such owner fails or refuses to comply with the demand for
compliance in the notice within seven (7) days of such notice or publication, the
Animal Services Manager may order the abatement of the public nuisance by one
of the following means:
( 1) Impoundment of the animal( s) that is the source of the continuing
public nuisance and the adoption of the animal(s) as provided in
this chapter, except that the owner, his agents or representatives, or
family members may not adopt the animal(s) adjudged a
continuing public nuisance;
(2) Impoundment and humane destruction of the animal(s) that is the
source of the continuing public nuisance; or
(3) Exclusion from the City Limits of Lubbock an animal(s)
determined to be a continuing public nuisance.
(e) An owner or person in control of the animal(s), not later than seven (7)
days after the date such person is notified that an animal is a continuing public
nuisance, may appeal the determination of the Animal Services Manager to the
Permit and Appeals Board. Upon receiving an appeal, the Permit and Appeals
Board shall hold a hearing at a time and place of their designation. Based upon
the recorded evidence of such hearing, the Permit and Appeals Board shall make a
final finding.
(f) The owner or person in control of the animal(s) determined to be a
continuing public nuisance shall remove such animal(s) from the city within
forty-eight (48} hours of an unsuccessful appeaL The failure to remove such
animal(s) shall be an offense and each day thereafter that such person fails to
remove such animal(s) shall constitute a separate offense. If the owner or person
in control of such animal(s) fails to remove such animal(s) as provided for by the
order of the Animal Services Manager or the court, such animal(s) may be
impounded and put up for adoption in accordance with Subsection (d) of this
Section or humanely destroyed.
(g) The owner or person in control of such animal(s) must report the
disposition and exact address or relocation of such animal(s) to the Animal
Services Manager in writing within ten (10) days after the expiration date for
removal of such animal(s) from the city. Each day thereafter that such information
is not provided shall constitute a separate offense.
(h) The Animal Services Manager shall be authorized, after due process,
to obtain a search and seizure warrant for the purposes of enforcing this section.
Section 4~11. Filing of False Claims or Reports.
(a) A person commits an offense if he knowingly initiates, communicates,
or circulates a claim of ownership for an animal with the City Enforcement Agent
that he knows is false or baseless.
(b) A person commits an offense ifhe knowingly initiates, communicates,
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or circulates a report of a violation of city ordinance or state or federal law to the
City Enforcement Agent that he knows is false or baseless.
Section 4·12. Impoundment and Redemption.
(a) Impoundment:
(1) It is the duty of the enforcement agent to capture and impound
such animals as are running at large or which are required to be
impounded pursuant to other laws or ordinances or to protect
public safety. Any officer or citizen of the city is authorized to
take up and deliver in a humane manner to the Animal Services
Facility any animal that may be found running at large in the city.
(2) The City Enforcement Agent shall impound and quarantine all
dogs, cats and other animals exposed to, suspected to be exposed
to, or infected with rabies, whether the dog, cat or other animal to
be impounded is at large, on a leash, or confined to its owner's
premises or whether it is currently vaccinated. Any animal which
a licensed veterinarian suspects of having rabies shall be humanely
euthanized. Any animal exposed to a rabid animal shall be
humanely euthanized or quarantined at the owner's expense for a
period mandated by the Texas Department of State Health Services
Zoonosis Control Division, not less than ten (1 0) days from the
date of last known exposure.
(3) The City Enforcement Agent shall impound an animal at the
request of a peace officer when the owner of the animal has been
arrested, hospitalized, is missing, or has died, and there is no
person present, eighteen (18) years of age or older, who will
assume the legal responsibility of providing food, water and shelter
for such animal.
(b) Identification of impounded animals:
(1) The city enforcement agent, or his deputies, upon receiving an
animal for impoundment, shall make a complete registry, including
the species, breed, color and sex of such animal, whether it has
traceable identification, and the time and place of taking custody.
If the animal has traceable identification, he shall enter the name
and address of the veterinary clinic, year, the number of the
registration tag, and any other pertinent information. When
kennel space allows, animals with traceable identification shall be
kept separate from animals that do not have identification. All
animals impounded shall be scanned with a microchip reader.
(2) If, by registration tag, the owner of an impounded animal can be
identified, the city enforcement agent shall, as soon as possible,
notify the owner by telephone or mail, however it is the
responsibility of the owner to visit the shelter before the expiration
of the designated holding period to reclaim lost pets.
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(3) Impounded animals with no means of traceable identification shall
be kept for not less than three (3) days, unless earlier reclaimed by
the owner under acceptable conditions or earlier euthanized as
allowed by this Ordinance. It is the responsibility of the owner to
visit the shelter before the expiration of the designated holding
period to reclaim lost pets.
( 4) Animals with any type of traceable identification shall be kept for
not less than ten (10) days, or not less than three (3) days from the
time the owner is notified of their animal being impounded,
whichever is the shorter time period, unless earlier reclaimed by
the owner under acceptable conditions or earlier euthanized as
allowed by the Ordinance. If an animal has a tag that does not list
the owner's phone number or address, and the person or business
that is in possession of the owner's contact information will not
release it to the City Enforcement Agency, then for the purposes of
this section it shall be the responsibility of that person or business
to notify the owner of the animal being impounded, and the animal
shall be held for three (3) days after the City Enforcement Agent
contacts the person or business in possession of the owner's
contact information. It is the responsibility of the owner to visit
the shelter before the expiration of the designated holding period to
reclaim lost pets.
(c) Retention of impounded animals:
(1) An animal impounded at the request of a peace officer as required
by this Ordinance shall be kept for not less than ten (10) days
unless earlier reclaimed by the owner under acceptable conditions
or earlier euthanized as allowed by the Ordinance. It is the
responsibility of the owner to visit the shelter before the expiration
of the designated holding period to reclaim such pets.
(2) An impoundment period is not required for an animal voluntarily
released to the City Enforcement Agent by its owner.
(d) Redemption of impounded animals:
( 1) Any owner of an animal that has been impounded under this
chapter who wishes to have it returned to him shall personally visit
the Animal Services Facility where it is impounded. The City
Enforcement Agent shall return the animal if the owner can
provide sufficient proof of being the animal's owner and if such
release will not impair the safety of the public or the animal. The
owner of the animal must pay any and all fees set forth herein and
must agree to abide by all of the requirements of this Chapter
before the animal is returned. It is the responsibility of the owner
to visit the shelter before the expiration of the designated holding
period to reclaim lost pets.
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(2) If an animal that requires a pennit or registration is impounded by
the City Enforcement Agent for violating this chapter and the
owner cannot prove that he is in possession of all required
permit(s) or registration(s), the owner must meet all requirements
of the required permit(s) or registration(s) and must purchase said
pennit(s) or registration(s) before the animal may be released from
the Animal Services Facility.
(3) If an animal that requires a rabies vaccination is impounded by the
City Enforcement Agent for violating this chapter and the owner
cannot prove that the animal has a current rabies vaccination, a
citation for failing to vaccinate will be issued. The owner shall
then have five (5) days to provide proof of obtaining a current
rabies vaccination to the City Enforcement Agent or else he shall
be cited again for violation of this Ordinance. Each subsequent
day that passes after the five (5} day period shall be considered a
separate offense. For the purposes of this section, a rabies tag
alone is not sufficient proof of an animal's current rabies
vaccination.
(4) If an animal is impounded by the City Enforcement Agent for
violating this chapter and the owner cannot prove that the animal
has been previously microchipped, the owner must purchase a
microchip before the animal may be released from the Animal
Services Facility. The identification number provided by the
microchip, shall be maintained on file at the Animal Services
Center or with a nationally recognized registry, for future
identification purposes.
Section 4-13. Disposition of Animals.
(a) The Animal Services Manager may dispose of impounded animals
after the expiration of any required impoundment period by any of the following
methods:
(1) Adoption:
a. The City Enforcement Agent shall be authorized to place
for adoption dogs or cats impounded by the City under the
following conditions:
(i) The City Enforcement Agent shall determine
whether a dog or cat is healthy enough for adoption
and if its health and age are adequate for
vaccination. However, such decision shall not
constitute a warranty of the health or age of the
animal.
(ii) There will be an adoption fee for all dogs and cats
at an amount set by resolution of the City Council.
The fee will include the cost of sterilization,
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vaccination, implantation of a microchip, and
licensing.
(iii) All animals adopted from the Animal Services
Facility shall be implanted with a microchip,
vaccinated against rabies, and sterilized before
ownership of the animal is transferred to the
adopter. If, in the opinion of a licensed
veterinarian, there is a legitimate health risk
justifying the delay of this surgery, the person
adopting the animal shall sign a written agreement
stating that they will have the animal sterilized. A
person who signs a sterilization agreement commits
an offense if he fails to have the animal sterilized on
or before the sterilization completion date stated in
the agreement. For the purposes of this section, a
legitimate health risk cannot be based solely on the
animal's age.
b. If an adopted animal dies on or before the sterilization
completion date, the adopting person must provide written
documentation to the Animal Services Manager that the
animal has died.
c. If an adopted animal is lost or stolen before the sterilization
date, the adopting person must provide written
documentation to the Animal Services Manager stating that
the animal is lost or stolen and a police report verifying the
report of theft. The letter shall be delivered not later than
the seventh day after the date of the animal's disappearance
and shall describe the circumstances surrounding the
disappearance and the date of disappearance.
d. The City Enforcement Agent may reclaim an adopted
animal if the Animal Services Manager has not received
confirmation of the sterilization as required.
(2) The City Enforcement Agent may offer the animal to an animal
welfare group that has a signed Transfer Agreement for Dogs and
Cats on file with the City Enforcement Agency provided that the
group sterilizes and microchips the animal prior to placing it into
an adoptive home;
(3) The City Enforcement Agent may temporarily place the animal in
a foster home that has a signed Foster Agreement for Dogs and
Cats on file with the City Enforcement Agency;
( 4) The City Enforcement Agent may humanely euthanize the animal
by methods approved by the American Veterinary Medical
Association or the Texas Department of State Health Services.
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(b) The choice of which of these options to use shall be made at the sole
discretion of the City Enforcement Agent unless otherwise mandated by a court
order.
(c) Any impounded registered or unregistered animal which appears to be
suffering from serious injury or disease and which is in great pain and suffering
and probably will not recover or which appears to have an infectious disease
which is a danger to humans or to other animals in the opinion of the Animal
Services Manager or which, due to its extremely violent nature, poses a
substantial risk of bodily harm to the safety of Animal Services staff, may be
hwnanely euthanized at any time during its holding period by the City
Enforcement Agent. In the event such an animal is wearing an identification tag
on its collar or harness, the City Enforcement Agent shall attempt to notify the
owner by telephone before taking action.
(d) It shall be an affinnative defense to prosecution of the owner if he or
she can show that, at the time of its impoundment, the animal that was at large
due to a major natural disaster, fire, criminal or negligent acts of a third party who
was not residing at the animal owner's residence. In such event, the owner shall
only be subject only to the provisions of this chapter that require a current rabies
vaccination and city registration. An owner's claim of a fire or the criminal or
negligent acts of a third party must be proven in one ( 1) or more of the following
manners:
(1) A certified copy of a city police or fire report verifying the
incident; or
(2) The affidavit of city police or fire personnel with direct knowledge
ofthe incident.
(e) It shall be unlawful for a person to fail or refuse to deliver an
unregistered or unvaccinated animal to a City Enforcement Agent or police
officer upon demand for impounding.
Section 4-14. Number of Dogs and Cats at Residences I Multi-Pet Permit.
(a) Except as provided by this section, no residence within the city shall
harbor more than four (4) adult dogs, and/or four (4) adult cats, over the age of
sixteen (16) weeks. No residence within the city shall harbor more than one (1}
litter of puppies and/or one (1) litter of kittens.
(b) Any persons desiring to keep more than four (4) adult dogs, four (4)
adult cats, or more than one ( 1) litter of puppies or kittens at premises occupied by
them may apply with the Animal Services Manager for a multi-pet pennit. The
applicant shall pay an application fee at the time of filing.
(c) The Animal Services Manager is authorized to issue such a pennit
under the following conditions:
( 1) No inspection required -If an applicant provides the Animal
Services Manager with infonnation concerning the maximum
number of animals to be kept at any one time at such premises and
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record search indicates that no enforcement action for violation of
Chapter 4 of the Code of Ordinance dealing with nuisances has
been necessary during the preceding twenty-four (24) months, a
pennit may be issued by mail without prior inspection.
(2) Inspection required-If an applicant provides the Animal Services
Manager with information concerning the maximum number of
animals to be kept at any one time at such premises and a record
search indicates that enforcement action for violations of Chapter 4
of the Code of Ordinances dealing with nuisances has been
necessary within the preceding twenty-four (24) months, a pennit
may be issued after an inspection of the premises to detennine
compliance with the animal services regulations. A pennit shall
not be issued if it is found that the animals cannot be maintained
without creating noise or odor nuisances, otherwise being
detrimental to the public health, safety and welfare, or in a healthy
or sanitary environment.
(d) Such pennit may be revoked by the Animal Services Manager for
cause, including but not limited to, violations of the provisions of Chapter 4 of the
Code of Ordinances or the inability of the permit holder to keep the animals
without creating noise or odor nuisances, otherwise being detrimental to the
public health, safety and welfare, or in a healthy or sanitary environment.
(e) All multi-pet permits issued under this section shall be valid
indefinitely, unless the Animal Services Manager revokes the permit. When
issued, the permit shall remain the sole property of the city and shall be valid only
as to the applicant and location for which it was originally issued. The permit may
not be sold or transferred, voluntarily or involuntarily, to any other person or
entity.
(f) Any person either denied a multi-pet permit, or who has had their
permit revoked, may file an appeal with the Permit and Appeals Board. Such
appeal must be made in writing within ten (10) days of receiving written notice
from the Animal Services Manager of the pennit denial or revocation. If no
appeal request within the ten-day period, the denial or revocation of the permit
becomes final. Upon receiving an appeal, the Permit and Appeals Board shall
hold a hearing at a time and place of their designation. Based upon the recorded
evidence of such hearing, the Permit and Appeals Board shall make a final
finding.
Section 4-15. Feral Cat Management.
(a) Animal Services Manager is responsible for maintaining the registry
of approved registered colony locations. Animal Services Manager will assist
registered caregivers in the management of registered feral colonies.
(b) A feral cat colony can be registered when the Animal Services
Manager determines that a volunteer caregiver(s) can meet the following
minimum requirements:
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( 1) Regular feeding will be maintained throughout the year.
(2) Adult cats and kittens 8 weeks of age will be neutered and
vaccinated.
(3) Every attempt will be made to remove kittens from the colony
before 8 weeks of age for domestication and placement.
( 4) Stray cats will be released or placed into the custody of Animal
Services.
(5) Sick or injured cats will be removed from the colony for
immediate veterinary care or humane euthanasia.
(6) Cats will be earmarked and micro chipped for recognition as
members of a registered feral cat colony.
(7) Responsibility for managed feral cat colonies can be transferred to
another feral cat caregiver with the Animal Services Manager's
approval only.
(8) Location of a feral cat colony requires the approval of property
owner or owners and the Animal Services Manager.
(9) Relocation of a feral cat colony requires the approval of property
owners and the Animal Services Manager.
(10) Cat caretaker assumes all responsibility of humane trapping,
maintenance, and management of their approved registered colony.
(11) Records of sterilization, vaccination, micro chipping, and animal
identification will be provided to Animal Services upon request.
(c) The Animal Services Manager is authorized to issue citations, revoke
registered cat colony permission, or issue citations to a feral cat caregivers or
obtain a search and seizure warrant if there is probable cause to believe any
requirements of this section are violated.
Section 4-16. Donations Fund Established.
The City shall create a special revenue fund, labeled "Donations Fund .. ,
for Animal Services purposes to account for the collection and spending of
donations to the City. This fund will provide an accurate accounting of the
sources and uses of these monies to demonstrate, to the donor, that the funds are
used for their intended purposes. Expenditures of these monies will require City
Council approval through the normal budgeting process.
ARTICLE II. RABIES AND ZOONOSIS CONTROL
Section 4-17. State Regulations Adopted.
The City of Lubbock hereby adopts by reference the Texas State Rabies
Control Act, as amended, and the standards established by the appropriate state
agency or rule-making board as minimmn standards for rabies control and
quarantine provisions within the City of Lubbock. In addition thereto, all of the
rabies control provisions of this chapter, which are adopted pursuant to the Texas
Health and Safety Code, shall have application in the City of Lubbock.
Section 4-18. Report of bite cases.
(a) It shall be the duty of every physician or other practitioner to report to
the Animal Services Department the names and addresses of persons treated for
bites inflicted by a mammal, together with such other information as will be
helpful in rabies control.
(b) It shall be the duty of every person owning or having custody of a
mammal, which has bitten a human being, to report the same to the Animal
Services Department.
Section 4-19. Quarantine.
(a) A person commits an offense if the person fails or refuses to
quarantine or present for quarantine or testing, an animal that is suspected of
being involved in a bite. A person may be issued a citation for non-compliance or
violating this provision. The Animal Services Manager shall be authorized to
obtain a search and seizure warrant if there is reason to believe any requirements
of this section are violated.
(b) Should a potential outbreak of rabies within the city be suspected and
the danger to the public safety from rabid animals be reasonably imminent, the
health director is hereby authorized to issue a quarantine proclamation, ordering
persons owning, keeping, or harboring dogs, cats or other mammals to muzzle the
same or confine them for such time as may be specified in such quarantine
proclamation. Upon the publication of such proclamation by local newspapers,
persons owning or harboring such animals shall confine them to premises unless
they are effectively muzzled and under the control of an adult person by leash,
cord, chain, or rope. Animals found at large in violation of this subsection may be
destroyed by an officer of the city if such officer is unable with reasonable effort
to apprehend such animals for impoundment.
Section 4~20. Identification/Registration Tag and/or Microchip Required.
(a) It is a violation of this chapter if any person owning, keeping,
harboring or having custody of a dog or cat over the age of four ( 4) months within
the City of Lubbock does not register such animal as provided herein. Police
dogs or assistance animals shall be exempt from the Identification/Registration
tag fee; however they must be compliance with all other provisions of this
chapter. This section does not apply to animals temporarily within the city for a
period not to exceed fourteen (14) days.
(b) The Animal Services Manager is hereby authorized to appoint Issuing
Agents as his deputies for the limited purpose of issuing pet animal
Identification/Registration Tags. Identification/Registration Tags shall be on
forms and tags furnished by the Animal Services Manager and shall be issued
subject to the provisions of this chapter and any other rules, regulations or
ordinances relating to the issuance of such Tags.
(c) An Issuing Agent may not issue an animal Identification/Registration
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Tag that is not currently vaccinated against rabies.
(d) Each Issuing Agent shall report the unique Identification/Registration
Tag number issued to the Animal Services Manager within thirty (30) days and
shall remit all Identification/Registration Tag fees and information collected at
least once monthly.
(e) All dogs and cats four (4) months of age or older must wear traceable
identification.
(f) Any owner who fails to obtain a current city animal registration shall
be deemed guilty of a misdemeanor.
(g) No person may use a city Identification/Registration Tag or rabies
certificate on an animal other than for which it was issued.
(h) Identification/Registration Tags must be renewed annually. No
refunds shall be made on any city Identification/Registration Tag fee. A duplicate
Identification/Registration Tag may be obtained upon payment of fee established
by this chapter.
(i) Rabies vaccination certificates will be valid for either one (1) year or
three (3) years from the date of vaccination.
Section 4-21. Confidentiality of Certain Information in Dog and Cat
Registry.
The City shall comply with all state laws regarding the confidentiality of
information in the dog and cat registry.
Section 4-22. Rabies Clinics.
The City Enforcement Agent may sponsor rabies vaccination clinics. In
response to a rabies outbreak or some other public health threat, the Animal
Services Manager or Public Health Director may authorize rabies vaccination
clinics in the interest of protecting public health. Rabies clinics shall be offered
only if all veterinarians in the city are notified and given an opportunity to
participate. In the event that no veterinarian desires to participate in a clinic in an
area of the city where the Animal Services Manager deems it to be in the public
interest to conduct such a clinic, then the city may sponsor such a clinic.
Section 4-23. Veterinarians Required to Report.
It shall be the duty of every licensed veterinarian to report to the Animal
Services Department their diagnosis of any animal observed as a rabies suspect.
Any licensed veterinarian who diagnoses, examines, or treats any animal
diagnosed to have, or suspected to have, anthrax, avian influenza, brucellosis,
campylobacteriosis, Escherichia coli 0157:H7, hantavirus, Lyme Disease,
monkeypox, plague, Q-fever, rabies, Rocky Mountain Spotted Fever,
Salmonellosis, Tularemia, West Nile or any other zoonotic encephalitis, or other
unusual zoonotic diseases transmissible to humans, shall immediately report their
findings to the City of Lubbock Health Department's Health Director or
Surveillance Manager.
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Section 4-24. Animal Assistance Program.
(a) Identification fees established in this Chapter shall be used for the
purpose of sterilizing dogs and cats in accordance with Section 4-24, to promote
the sterilization program, other medical assistance as needed, and for
administrative costs related to the Animal Assistance Program, and other related
cost at the animal shelter.
(b) The department shall use the Animal Assistance Program to establish
and implement an animal population control program pursuant to this statute. The
purpose of this program shall be to reduce the population of unwanted and stray
dogs and cats by encouraging the owners of dogs and cats to have them sterilized,
thereby reducing potential threats to public health and safety.
(c) Any resident of the City of Lubbock, who owns a dog or cat and who
is eligible to receive any type of financial assistance from the government due to
the owner's lack of income may participate.
(d) The Animal Services Manager, with permission from the Public
Health Director, may allow members of the general public to participate in this
program for limited times or for special promotions. The program's first priority
shall always be to assist low-income pet owners.
(e) It shall be a violation of this ordinance for any person to knowingly
falsify proof of eligibility for, or participate in, any program under this chapter, or
to furnish any licensed veterinarian with inaccurate information concerning the
ownership of an animal submitted for a sterilization procedure, or to furnish the
City Enforcement Agent with false information concerning an animal sterilization
fee schedule or an animal sterilization certificate submitted pursuant to this
section, or to otherwise violate any provision of this section.
(f) The Animal Services Manager, with the approval of the Public Health
Director, shall adopt rules relative to the format and content of all forms required
under this chapter, proof of eligibility, administration of the program, and any
other matter necessary for the administration of this program.
Section 4-25. Veterinarian Participation.
(a) Any veterinarian licensed in this state may participate in any programs
established under this chapter or by Animal Services. Only chemical or surgical
procedures approved by the American Veterinary Medical Association may be
employed for sterilization.
(b) Veterinarians who choose to participate in any program shall sterilize
and provide an anti-rabies vaccination for each animal. The city shall reimburse
participating veterinarians, to the extent funds are available, for each rabies
vaccination and animal sterilization procedure performed. To receive this
reimbursement, the veterinarian shall submit an animal sterilization certificate
which shall be signed by the veterinarian and the owner of the animal and any
other documentation deemed necessary by the Animal Services Manager in
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accordance with this chapter.
ARTICLE III. ANIMAL ESTABLISHMENTS
Section 4-26. Standards for Animal Establishments.
All animal establishments within the city shall be constructed and operate
in conformance to the General Design Standards, Specifications, and Operating
Procedures for Animal Establishments promulgated by the City of Lubbock
Health Board, which rules are adopted hereby and made a part of this chapter by
reference. A copy of such rules shall be placed on file with the city secretary and
a copy shall be maintained by the city health department, which copies shall be
made available for inspection by members of the public during the nonnal
business hours of the offices in which they are maintained. In the event of a
conflict between such rules and an ordinance of the City of Lubbock or state law,
then the ordinance or state law shall prevail over the rules.
Section 4-27. Animal Shelter Advisory Committee.
(a) There is hereby created an animal shelter advisory committee. The
committee shall be composed of seven (7) persons with the following
qualifications: one licensed veterinarian; one animal welfare organization
representative; one city official, one city animal shelter employee and three (3) at-
large persons. Persons appointed to such positions by the City Council shall serve
for a term of two (2) years, so long as they do not fail to attend more than two (2)
meetings of the committee in succession. In that event, or in event of a
resignation from the committee, the City Council shall name a successor from the
same representative group.
(b) The committee shall meet at least three (3) times each year and shall
perform the following duties:
(1) In an advisory capacity to assist the City of Lubbock in complying
with the terms of the Texas Health and Safety Code, as amended;
and
(2) In an advisory capacity assist the city in establishing procedures
applicable to the city's Animal Services program.
Section 4-28. Animal Exhibitions.
(a) All Animal Exhibitions shall, in addition to other requirements of this
ordinance, comply with the minimum standards of this Chapter. All of the
Exhibition's facilities shall be subject to inspection by the City Enforcement
Agent upon his request during reasonable hours.
(b) The presenter of the Animal Exhibition must contact Lubbock Animal
Services at least seven (7) days before the performance or display and provide
dates, times, and exact location of each performance or display.
(c) It shall be a violation for any person who owns, manages, or
represents an Animal Exhibition that requires a permit or registration to refuse,
upon request by the department, to make his/her animal(s), premises, facilities,
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equipment, and any necessary registration(s) or permit(s) available for inspection
for the purpose of ascertaining compliance with the provisions of this chapter. All
animal exhibitions must be compliance with all applicable state and federal
regulations.
Section 4w29. Wildlife Educational Centers.
(a) All Wildlife Educational Centers, as defined herein, shall be exempt
from City regulations so long as they comply with minimum federal and state
regulations.
(b) It shall be a violation for any Wildlife Educational Center to refuse,
upon request by the department, to make his/her animal(s), premises, facilities,
equipment, and any necessary registration(s) or permit(s) available for inspection
during the establishment's regular business hours or at any other reasonable hour
for the purpose of ascertaining compliance with the provisions of this chapter.
(c) Failure to meet these standards or violating this chapter in any other
way shall be grounds for the issuance of a citation subjecting the owner to
penalties provided in this chapter.
Section 4-30. Animal Establishments and Animal Dealers.
(a) All Animal Establishments and Animal Dealers, as defined herein,
shall, in addition to the other requirements of this ordinance, comply with the
minimum standards of this section. Persons wishing to operate an Animal
Establishment or to become an Animal Dealer within the City of Lubbock must
apply in writing to the Animal Services Manager who will issue a permit if all of
the state and federal requirements are met.
(b} It shall be a violation for any business or person to sell, offer for sale,
give away, offer to give away, or otherwise transfer ownership of any animal
without first obtaining an Animal Establishment or Animal Dealer Permit, unless
such activity is authorized by some other section of this chapter.
(c) It shall be a violation for any Animal Establishment or Animal Dealer
to refuse, upon request by the department, to make his/her animal( s ), premises,
facilities, equipment, and any necessary registration(s) or permit(s) available for
inspection during the establishment's regular business hours or at any other
reasonable hour for the purpose of ascertaining compliance with the provisions of
this chapter.
(d) Failure to meet these standards, or violating this chapter in any other
way, shall be grounds for the issuance of a citation subjecting the owner to
penalties provided in this chapter, and/or revocation of the owner's Animal
Establishment or Animal Dealer permit at the Animal Services Manager's
discretion.
Section 4-31. Private Animal Sales.
No owner or person shall display for commercial purpose, offer, sell,
trade, barter, lease, rent, or give away, any live animal, on any roadside, public
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right-of-way, commercial parking lot, or any flea market. This provision does not
prohibit the sale or purchase of animals from a person's private residence.
ARTICLE IV. OTHER ANIMALS
Section 4-32. Complaint About a Dangerous Animal.
(a) Upon receipt of a written complaint by any person, animal services
officer, or other law enforcement officer charging that a particular animal is a
dangerous animal, the public health director or his designee shall conduct a
hearing to determine whether such animal is dangerous unless the matter is
resolved by agreement of all parties prior to such hearing. Such written
complaints shall contain at least the following information:
(1) Name, address and telephone number of complainants and
witnesses;
(2) A brief description of the incident or incidents which cause the
complainant to believe such animal is a dangerous animal,
including date, time and location;
(3) A description of the animal and the name, address and telephone
number of the owner of the animal, if known; and
(4) Any other facts that the complainant believes to be important.
(b) Such hearing to determine if an animal is a dangerous animal shall be
conducted within twenty (20) days after receipt of the complaint, impoundment,
or seizure of the animal, whichever occurs later. Any animal awaiting such
hearing which was impounded for being at large, was at-large when the incident
that causes the dangerous animal complaint to be filed occurred, or which has
bitten or scratched any other person or animal shall be boarded at the owner's
expense at the Animal Services Facility or any other state approved quarantine
facility pending the outcome of the hearing and determination of whether such
animal is a dangerous animal.
(c) If the animal is quarantined at a facility other than the Animal Services
Facility, the facility shall be found to be in violation of this chapter if the animal
is released to any person, lost, stolen, or otherwise not able to be accounted for
unless the quarantine facility first obtains written permission from the Animal
Services manager to release the animal.
(d) Notice of such hearings shall be provided by the public health director
or his designee to the owner of the animal by certified mail, return receipt
requested, and to the complainant by regular mail. At such hearing all parties shall
be given opportunity to present evidence on the issue of whether such animal is
dangerous.
(e) Upon conclusion of a hearing to determine if an animal is a dangerous
animal, the public health director may find that the animal is not dangerous, in
which case it shall be promptly returned to its owner's custody after all impound
and board fees have been paid, or the public health director may find that the
animal is a dangerous animal and order that the owner comply with one or more
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of the following requirements:
(1) Removal of the dangerous animal from within the city limits. In
which case, the owner must provide, in writing, the destination
address of where the animal is to reside and proof that the owner
has alerted the agency responsible for animal services in that area
to the Animal Services Manager prior to the animal being released
from the Animal Services Facility; or
(2) Humane euthanasia of the dangerous animal; or
(3) Registration and compliance with all of the following requirements
of this article, at the owner's expense, before the animal is released
from the Animal Services Facility or other state approved
quarantine facility.
a. Obtaining liability insurance coverage or showing financial
responsibility in an amount of at least two hundred and fifty
thousand dollars($ 250,000.00) to cover damages resulting
from an attack by the dangerous animal causing bodily
injury to a person or for damages to any person's property
resulting from the keeping of such dangerous animal. A
certificate of insurance or other evidence of meeting the
above requirements shall be filed with the City
Enforcement Agent;
b. Registering with the City of Lubbock by providing the
name and address of the owner; the breed, age, sex, color
and any other identifying marks of the animal; the location
where the animal is to be kept if it is not at the address of
the owner; and two (2) color photographs that clearly
identify the dangerous animal;
c. Having the animal sterilized;
d. Constructing a cage, pen or enclosure for the dangerous
animal that has secure sides; a secure top attached to the
sides; and a secure bottom which is either attached to the
sides or else the sides of the structure must be embedded in
the ground no less than two (2) feet. The pen or enclosure
must be completely encircled by a fence constructed in
such a manner as to prevent a person or child from being
able to reach the animal's pen or enclosure;
e. Not allowing the animal to go outside of its cage, pen or
enclosure unless the animal is under physical restraint. No
person shall permit a dangerous animal to be kept outside
of its cage, pen or enclosure on a chain, rope or other type
of leash unless a person is in physical control of the chain,
rope or leash and the person is of competent strength to
control the animal at all times. Dangerous animals shall not
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be leashed to inanimate objects, such as trees, posts,
buildings, etc. All dangerous animals outside their cage,
pen or enclosure must be securely fitted with a muzzle that
will not cause injury to the animal nor interfere with its
vision or respiration but shall prevent the animal from
biting other animals or human beings.
f. Posting signs giving notice of a dangerous animal in the
area or on the premises in which such animal is confined.
Such signs shall be conspicuously posted at both the front
and rear property entrances and shall bear letters not less
than two (2) inches high, stating ''DANGEROUS ANIMAL
ON PREMISES." Such signs shall also display a symbol,
that is understandable by small children, that warns of the
presence of a dangerous animal;
g. Providing the animal with a fluorescent yellow collar
visible at fifty (50) feet in normal daylight and attaching a
fluorescent orange tag provided by the Animal Services
Division to the collar that is worn at all times so that the
animal can be easily identified;
h. Implanting a microchip into the animal and registering it
for life with the city's Animal Services Division and a
recognized national registry; and
1. Paying the appropriate dangerous animal pennit fee
annually.
(f) Any animal that is deemed a dangerous animal that was not previously
impounded or othezwise in possession of the Animal Services Facility or any
other state approved quarantine facility, shall immediately be impounded and
boarded at the owner's expense until such time as the owner complies with all of
the required conditions as set forth by the administrator's ruling. The animal shall
be held at the owner's expense pending the outcome of any appeals. It shall be a
violation of this section for the owner to refuse to tum the animal over as required
and for the purposes of enforcement; each day for each animal in question shall be
considered a separate offense.
(g) The owner shall have fifteen (15) days from the declaration of the
animal as dangerous to comply with all of the required conditions as set forth by
this chapter. If the owner fails to meet all of the requirements, the animal may be
humanely euthanized on the sixteenth (l61h) day by the City Enforcement Agent
or a licensed veterinarian.
(h) In the event that a registered dangerous animal escapes its cage, pen or
enclosure or attacks a human being or another animal, the owner of the dangerous
animal shall immediately notify the Animal Services Division. For the purposes
of this chapter, immediately shall mean within thirty (30) minutes of the owner
becoming aware of the escape or attacks.
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(i) In the event that a registered dangerous animal dies, the owner must
present the body of the animal to the City Enforcement Agent or a licensed
veterinarian for verification by microchip identification before disposal of its
body.
(j) Prior to transferring ownership in any way or moving a registered
dangerous animalt either inside or outside the city limits, the owner must obtaint
in writing, permission from the Animal Services Manager to transfer ownership or
move the animal. If ownership of the animal is being transferred, the new owner
will be required to comply with all provisions of this chapter before the animal
can be moved from the previous owner's custody. If the animal is being moved
from the city limits, the owner must provide, in writing to the Animal Services
Manager, the destination address of where the animal is to be moved to and proof
that the owner has alerted the agency responsible for animal services in that area.
(k) In the event that any owner of a animal declared to be dangerous
violates any order of the public health director, the animal may be inunediately
seized and impounded by the City Enforcement Agent. In addition, the animal
shall be seized inunediately if the animal bites, injures, or attacks a human being
or another animal. Any animal already declared to be dangerous which is
impounded due to any violation of this chapter or seized for causing injury to a
human being or another animal shall immediately become the property of the City
of Lubbock and shall not continue to be a registered dangerous animal.
(I) If the dangerous animal makes an unprovoked attack on a person or
another animal outside the animal's enclosure and causes bodily injury to the
person or other animal, the owner of the dangerous animal will be guilty of a class
C misdemeanor, unless the attack causes serious bodily injury or death, in which
event the offense is a Class A misdemeanor.
(m) If an owner of a dangerous animal is found guilty of an offense under
this section, the Public Health Director or his designee may order the dangerous
animal be humanely euthanized by the City Enforcement Agent or a licensed
veterinarian.
(n) No animal shall be declared a dangerous animal if the threat, injury or
damage caused by the animal was the result of a willful trespass upon another's
property, or the person injured was tormenting, abusing or assaulting the animal
or its owner, or was committing or attempting to commit a crime at the time of
InJUry.
( o) Orders of the public health director pertaining to dangerous animals
may be appealed to the City of Lubbock Permit and License Appeal Board by
filing a written notice of appeal within five (5) days with the city manager's
office. During the pendency of such appeal, the order of the public health director
shall be suspended, and the animal shall remain impounded at the owner's
expense at the Animal Services Facility or other state approved quarantine facility
for observation. Decisions of the Permit and License Appeal Board shall be final.
(p) It shall be a violation for any owner of a permitted dangerous animal
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to refuse, upon request by the department, to make his/her animal(s), premises,
facilities, equipment, and any necessary permit(s) available for inspection for the
purpose of ascertaining compliance with the provisions of this chapter.
( q) The owner of an animal that has been determined to be dangerous by
another jurisdiction is prohibited from bringing such animal into the city limits.
(r) The Animal Services Manager shall be authorized to obtain a search
and seizure warrant if there is reason to believe any requirements of this section
are being violated.
Section 4-33. Keeping of Dangerous Wild Animals.
(a) It shall be unlawful to keep any wild animal within the corporate city
limits of Lubbock, with the following exceptions:
(1) if a person and his or her facility housing such dangerous wild
animals(s) has complied with all applicable federal, state, and local
laws and regulations, including, but not limited to, the acquisition
and retention of all applicable permits, prior to final adoption of
this ordinance, said person may retain dangerous wild animal(s) in
the above-described facility in compliance with all federal, state
and local laws, including, but not limited to Chapter 822 of the
Texas Health and Safety Code, as amended;
(2) a governmental agency or entity acting in an official capacity;
(3) a government-operated zoological park;
(4) a permitted Wildlife Educational Center, animal exhibitions with
valid state or federal permits; or
(5) a holder of an Animal Dealer or Animal Establishment with a Wild
Animal permit. The possessor of the Dangerous Wild Animal
shall have all applicable state and/or federal permits to possess the
species in question.
(b) Animal Establishments or Animal Dealers with Dangerous Wild
Animals permit holders shall make written application to the Animal Services
Manager to permanently keep each dangerous wild animal in their possession.
The application must include the species and location of the animal, at least two
pictures that clearly identify the animal, and proof that the center or person is in
possession of the necessary state and/or federal permit(s) to possess such species.
Section 4-34. Sale of Dangerous Wild Animals.
(a) It shall be a violation for any person to sell, offer to sell, give away,
offer to give away, or otherwise transfer or attempt to transfer ownership of a
Dangerous Wild Animal, unless specifically allowed by some other provision of
this Chapter. Any person who finds a dangerous wild animal that is at large must
immediately notify the City Enforcement Agent. This section shall not be
interpreted to restrict a person from giving ill, injured, or orphaned wildlife to a
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state and/or federally licensed wildlife rehabilitator or to a permitted Wildlife
Educational Center.
(b) For the purposes of this chapter, the Animal Services Manager shall
make the determination of whether any animal in question is a Pet Animal, a Wild
Animal, or a Dangerous Wild Animal. In addition, for the purposes of this
chapter, immediately shall mean within thirty (30) minutes of the person finding
that a wild animal or dangerous wild animal is at large.
Section 4-35. Bee-Keeping.
(a) It shall be unlawful for any person to keep or allow bees, their hives,
or any abandoned hives within the city limits, except honey bees may be kept if
all of the following conditions are met:
( 1) All hives shall be located a minimum of thirty (30) feet from any
property line and enclosed in a fenced area;
(2) There shall be no more than four (4) hives per city lot;
(3) There is an adequate source of water within twenty (20) feet of all
hives;
(4) All hives shall require written permission to be obtained from the
majority of owners of all adjoining property;
(5) There may be maintained one nucleus for each two (2) colonies.
The nucleus shall not exceed one ten-frame hive body. Each
nucleus shall be disposed of within sixty (60) days after it is
acquired;
(6) Each hive must be re-queened at least once every six months; and
(7) The owner notifies the City Enforcement Agent, in writing, of the
location and number of hives in his possession. The owner must
also notify the City Enforcement Agent, in writing, each time he
re-queens each hive.
(b) It shall be a violation for any person who owns, harbors, or possesses
bees to refuse, upon request by the department, to make his/her bees, premises,
facilities, equipment, and any necessary permit(s) available for inspection for the
purpose of ascertaining compliance with the provisions of this chapter.
Section 4-36. Keeping of Other Animals; Nuisance Conditions.
(a) No person shall engage in keeping livestock within the corporate
limits of the city, except in conformance with and only to the extent so permitted
by the zoning ordinances of the city.
(b) The keeping or causing to be kept any livestock, chickens, geese,
ducks, guineas, pigeons, rabbits or any other such animals in those areas
appropriately permitted by the zoning ordinances of the city in pens or enclosed
areas in such a manner as to become offensive to other persons living nearby is
hereby declared to be a nuisance.
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(c) It shall be unlawful for any person to park or leave standing any truck,
trailer, or other vehicle that has been used for the hauling of livestock, animals or
fowl in a residential area of the City of Lubbock when notified by a city
enforcement officer that such vehicle is creating a nuisance due to odors, gases or
fumes. Upon such notification, the owner, operator, driver or other person
responsible for such vehicle shall move such vehicle to a location outside of any
residential area of the city.
(d) All manure and other excrement shall be disposed of in such a manner
as to prevent it from becoming offensive to other persons living nearby. It shall
be unlawful for any person to transport slop, garbage or other refuse over any
alley, street or highway within the corporate limits of the city for the purpose of
feeding hogs or swine within the city.
Section 4-37. Keeping of Hogs or Swine.
(a) It shall be unlawful for any person other than a veterinarian to keep
any live hog within the city limits, except in the hereinafter-named locations, for a
longer period than twenty-four (24) hours.
swme:
(b) The following locations are authorized for the keeping of hogs or
(1) The campus and grounds of Texas Tech University, Lubbock
Christian University and the Monterey High School Ag Farm.
(2) The Panhandle South Plains Fair Grounds, when hogs are kept
thereon for exhibition purposes.
(3) All hog pens, barns, stables and other facilities shall meet the
requirements of the city building code, zoning ordinance, and the
general design standards, specifications, and operating procedures
for animal establishments.
Section 4-38. Estray.
It shall be unlawful for any person, firm, or corporation to allow an
estray(s) to be unattended upon any public street, alley, thoroughfare or upon the
property of another in the corporate city limits of Lubbock. The person, firm, or
corporation having ownership or right to immediate control of such estray(s) shall
have the burden to keep such estray(s) off the public streets, alleys, and
thoroughfares or the property of another in the City.
Section 4-39. Placement and Baiting of Animal Traps.
(a) It shall be unlawful for any person to place or place and bait or to
permit the placing or placing and baiting of any trap designed for trapping
animals in any highway, street, alley or other public place within the corporate
limits of the city unless specific permission by Animal Services has been granted.
However, nothing in this chapter shall prohibit a city enforcement agent from
placing such traps on public or private property as may be necessary to capture
animals running at large.
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(b) It shall be unlawful for any person to remove, alter, damage, or
otherwise tamper with a trap or equipment belonging to or set out by the City
Enforcement Agent.
(c) Residents of Lubbock wishing to trap unwanted animals on personal
private property may do so with the use of humane cage traps. Traps may be
obtained from Animal Services. Any trapping program must have prior written
approval of the land manager or owner, and written notification of activities to
Lubbock Animal Services.
(d) Any traps mentioned in this article found upon public property are
hereby declared to be abandoned traps and any city enforcement officer is hereby
authorized and directed to impound any such trap and process the same as
abandoned property in accordance with the applicable provisions of this Code.
(e) It shall be unlawful for any person to place or place and bait or to
permit the placing or placing and baiting of any steel jawed trap (commonly
known as a "bear trap", "wolf trap", "leg hold trap", or "coyote trap") within the
corporate limits of the city.
(f) No person shall place any substance or article that has in any manner
been treated with any poisonous substance in any place accessible to human
beings, birds, dogs, cats or other animals with the intent to kill or harm animals.
This shall include anti-freeze purposely left exposed to poison animals. This
section, however, does not preclude the use of commercially sold poisons when
applied in accordance with the manufacturer's directions for such use, in that
person's residence, accessory structure or commercial establislunent, provided
that such use does not violate any other section of this Ordinance.
ARTICLE V. FEES
Section 4-40. Fees for Registrations, Permits, Impoundment, and Adoption.
(a) The cost of registrations and permits shall be as follows:
Dog and cat registration, annual. ............................................ $5.00
This fee shall be waived if the owner of the animal is sixty-five (65) years
of age or older or provides proof of receiving financial assistance from the
govenunent due to the owner being considered low-income. This fee shall
also be waived for animals that are used by law enforcement agencies and
for assistance animals.
Dangerous animal permit .......................................... $100.00
Dangerous Wild Animal permit, annual .................. No charge
Euthanasia Fee .................................................... $ 10.00
Animal Establislunent, Pet Shop, or Animal Dealer Permit,
annual ............................................................... $ 90.00
Pet Grooming Facility permit. ................................... $ 35.00
Multi-Pet Permit Application Fee .......................... No charge
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Wildlife Educational Center permit, annuaL .............. No charge
Duplicate registration ............................................... $ 2.00
(b) The cost of reclaiming animals from the city Animal Services Facility
shall be as follows:
Impoundment (per animal) .............................................. $ 50.00
This fee will be waived if the impounded animal is sterilized, has a current
rabies vaccination certificate, and is identified by some means of traceable
identification.
Boarding fee (daily for all or part of any one day) ..................... $7.00
Microchipping
Fee ................................................................. $10.00
Rabies vaccination fee ........................................................ $10.00
Rabies Quarantine Fee (includes boarding fee, veterinarian health check,
rabies vaccination, testing fees, tag and microchip) ................... $100. 00
Small animals (sheep, goats, etc.):
Capture and impoundment, per head ..................................... $25.00
Boarding, per head per day ............................................... $7.00
Large animals (cattle, horses, etc.):
Capture and impoundment, per head .................................... $45.00
Boarding fee, per head per day ............................................ $15.00
(c) The cost of adopting an animal from the city Animal Services Facility
shall be as follows:
Dogs, Cats, Ferrets, Reptiles, Birds and others .......................... $60.00
(d) The cost of releasing animals to Animal Services by agencies or
individuals residing outside of Lubbock city limits shall be as follows:
Non-resident release fee ............................................................. $50.00
(e) The Health Director or Animal Services Manager shall have the
authority to refund, reduce, or waive fees under this chapter, if, in his
detennination, that such refund, reduction or waiver of fees is in the public
interest of the City of Lubbock. Any refund or waiver of fees shall be
documented. The Animal Services Manager shall have the authority to waive or
reduce such fees in cases of special pet adoption promotions.
(f) Citations may be issued for failure to pay applicable fees.
Section 4-41. Display of Commercial Permits Required.
(a) All Commercial Establishments, as defined herein, shall at all times
prominently display, in a public area, a copy of their current permit(s).
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No Text
(b) It shall be a violation for any person who owns, harbors, or possesses
an animal that requires a pennit, or for any holder of a special use pennit, to
refuse, upon request by the department) to make his/her animal(s), premises,
facilities, equipment, and any necessary registration(s) or pennit(s) available for
inspection for the purpose of ascertaining compliance with the provisions of this
chapter.
SECTION 2. THAT violation of any provision of this ordinance shall be deemed
a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason) the remainder of the
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on frrst reading this 24th
Passed by the City Council on second reading this ~8:..;:t=h __
ATTEST:
'~~ Rebecca Garza, Citysec;
ccdocs/ Animal ordinance-06
2/14/06
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day of February , 2006.
No Text
Rev. 11/01/91
GENERAL DESIGN STANDARDS,
SPECIFICATIONS AND OPERATING
PROCEDURES FOR ANIMAL
ESTABLISHMENTS
No Text
GENERAL
The following General Design Standards, Specifications and Oper-
ating Procedures for Animal Establishments are promulgated by the
City of Lubbock Health Board pursuant to the authority granted by
Section 4-20 of the Code of Ordinances of the City of Lubbock.
Said General Design Standards, Specifications and Operating Pro-
cedures shall be effective as of , 19 ,
which is the date of approval by the Lubbock City Council, and
shall have application to all animal establishments in operation
at that time as to operating procedures and to all animal estab-
lishments commencing operations thereafter as to both design
standards and operating procedures.
Failure to meet these standards shall be grounds for denial or
revocation of a license and the issuance of a citation subjecting
the owner to the penalties herein. Facilities shall be subject
to inspection by the City Health Department upon his request
during reasonable hours.
,_ COMMERCIAL KENNELS
Kennels, Commercial: Any person, partnership or corporation main-
taining an establishment where dogs or cats are kept for the
purpose of breeding, buying, selling, showing, or boarding such
animals or engaged in the training of dogs for obedience, guard
or sentry purposes, or any person, partnership, or corporation
owning or keeping eleven (11) or more animals, each of which is
four (4) months of age or older. All owners of commercial
kennels shall have a valid permit issued by the City of Lubbock.
All Commercial Kennels shall comply with the minimum standards of
this section.
In general the facility will provide heating, cooling, and venti-
lation for the health, comfort, and well-being of the animals
housed there. The facility will be maintained in good repair and
in a sanitary manner.
I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES
A. Floor Construction
l. Interior floors shall be constructed of smooth
durable material such as sealed concrete, ter-
razzo, ceramic tile, durable grades of linoleum or
plastic, or tight wood impregnated with plastic,
and shall be maintained in good repair. Nothing
in this rule shall prohibit the use of antislip
floor covering in areas where necessary for safety
reasons.
2. Floors of Outside Runs. Outside floors shall be
constructed so that they can be maintained in a
sanitary manner. The floors shall be constructed
of an impervious material or covered with a mini-
mum of three (3) inches of gravel. If the runs
are covered with gravel facilities for routinely
washing the gravel must be provided. Gravel must
be maintained so that odors are not emitted.
3. Utility Line Installation. Exposed utility ser-
vice lines and pipes shall be installed in a way
that does not obstruct or prevent cleaning of the
floor.
B. Walls and ceilings
1. Walls and ceilings including doors, windows, sky-
lights, and similar closures shall be maintained
in good repair.
2. Exposed utility service lines and pipes shall be
installed according to and meeting all applicable
Codes.
c. Liqbtinq
1. The facility shall have ample light to permit rou-
tine cleaning and inspection.
2. Light fixtures, vent covers, wall mounted fans,
decorative material, and similar equipment
attached to the wall and ceiling shall be easily
cleanable and shall be maintained in good repair.
3. All artificial lighting shall be shielded to pro-
tect against broken glass falling into areas where
animals are maintained.
D. Plumbing
1. In general, all new and/or replaced plumbing shall
be sized, installed, and maintained according to
Lubbock city Plumbing Codes. There shall be no
cross-connection between the potable water supply
and any nonpotable or questionable water supply
nor any source of pollution through which the
potable water supply might become contaminated.
2. The potable water system shall be installed to
preclude the possibility of backflow. Devices
shall be installed to protect against backflow and
backsiphonage at all fixtures and equipment where
an air gap at least twice the diameter of the
water supply inlet is not provided between the
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GENERAL
The following General Design Standards, Specifications and Oper-
ating Procedures for Animal Establishments are promulgated by the
City of Lubbock Health Board pursuant to the authority granted by
Section 4-20 of the Code of Ordinances of the City of Lubbock.
Said General Design standards, Specifications and Operating Pro-
cedures shall be effective as of , 19 ,
which is the date of approval by the Lubbock City Council, and
shall have application to all animal establishments in operation
at that time as to operating procedures and to all animal estab-
lishments commencing operations thereafter as to both design
standards and operating procedures.
Failure to meet these standards shall be grounds for denial or
revocation of a license and the issuance of a citation subjecting
the owner to the penalties herein. Facilities shall be subject
to inspection by the city Health Department upon his request
during reasonable hours.
COMMERCIAL KENNELS
Kennels, Commercial: Any person, partnership or corporation main-
taining an establishment where dogs or cats are kept for the
purpose of breeding, buying, selling, showing, or boarding such
, animals or engaged in the training of dogs for obedience, guard
or sentry purposes, or any person, partnership, or corporation
owning or keeping eleven (11) or more animals, each of which is
four {4) months of age or older. All owners of commercial
kennels shall have a valid permit issued by the City of Lubbock.
All Commercial Kennels shall comply with the minimum standards of
this section.
In general the facility will provide heating, cooling, and venti-
lation for the health, comfort, and well-being of the animals
housed there. The facility will be maintained in good repair and
in a sanitary manner.
I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES
A. Floor construction
1. Interior floors shall be constructed of smooth
durable material such as sealed concrete, ter-
razzo, ceramic tile, durable grades of linoleum or
plastic, or tight wood impregnated with plastic,
and shall be maintained in good repair. Nothing
in this rule shall prohibit the use of antislip
floor covering in areas where necessary for safety
reasons.
,, 1
water supply inlet and the fixture's flood level
rim.
E. Toilet Facilities
1. Toilet facilities shall be installed according to
law, conveniently located, and will be accessible
to employees at all times.
2. Toilet facilities shall be kept clean and in good
repair. Toilet rooms used by women shall have at
least one covered waste receptacle.
F. Lavatory Facilities
1. Lavatories shall be at least the number required
by law, shall be installed according to law, and
shall be located to permit convenient use by all
employees.
2. A supply of hand-cleansing soap or detergent shall
be provided at each lavatory. A supply of sani-
tary towels or a hand-drying device providing
heated air shall be conveniently located near each
lavatory. If disposable towels are used, easily
cleanable waste receptacles shall be conveniently
located near the handwashing facilities.
G. ventilation
1. Intake and exhaust air ducts shall be maintained
to prevent the entrance of dust, dirt, and other
contaminating materials.
2. All rooms from which obnoxious odors, vapors or
fumes originate shall be mechanically vented to
the outside.
H. Poisonous or Toxic Materials
1. Only those poisonous or toxic materials necessary
for the maintenance of the establishment, the
cleaning and sanitation of equipment and utensils,
and the control of insects and rodents shall be
present in the establishment.
'
2. containers of poisonous or toxic materials shall
be prominently and distinctly labeled according to
law for easy identification of contents.
3. All poisonous or toxic materials .shall be stored
in cabinets or in similar facilities used for no
other purpose. ·
- 3 -
I. Dressing Rooms and Locker Areas
1. If employees routinely change clothes, sufficient
lockers or other suitable facilities shall be pro-
vided and used for the orderly storage of employee
clothing and other belongings.
2. The area shall be kept clean and in good repair.
J. xnseet and Rodent control
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
x. Garbage and Refuse
1.
2.
Garbage and refuse shall be kept in durable, eas-
ily cleanable, insect-proof and rodent-proof con-
tainers that do not leak and do not absorb
liquids.
Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
3. There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
L. Facilities
1. Any surface that comes into contact with animals
shall be free of jagged edges or sharp points that
might injure the animals, as well as rust that
would prevent required cleaning and sanitizing.
Nothing in this section shall prevent the use of
barbed-wire for fencing large animals.
2. surfaces that come into contact with animals
should be cleaned daily and sanitized at least
every two weeks.
- 4 -
~. l
I x. Dressing Rooms and Locker Areas
1. If employees routinely change clothes, sufficient
lockers or other suitable facilities shall be pro-
vided and used for the orderly storage of employee
clothing and other belongings.
2. The area shall be kept clean and in good repair.
J. Xnsect and Rodent control
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
K. Garbage and Refuse
1.
2.
3.
Garbage and refuse shall be kept in durable, eas-
ily cleanable, insect-proof and rodent-proof con-
tainers that do not leak and do not absorb
liquids.
Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
L. Facilities
1. Any surface that comes into contact with animals
shall be free of jagged edges or sharp points that
might injure the animals, as well as rust that
would prevent required cleaning and sanitizing.
Nothing in this section shall prevent the use of
barbed-wire for fencing large animals.
2. Surfaces that come into contact with animals
should be cleaned daily and sanitized at least
every two weeks.
- 4 -
II. EMPLOYEES
A. Personnel Hygiene
1. The outer clothing of all employees shall be
reasonably clean in consideration of the work in
progress during a normal business day.
2. Employees shall conform to good hygienic practices
while working.
3. Employees shall treat all animals in a humane
manner.
B. Numbers of Employees
1. There must be sufficient number of employees to
carry out proper feeding, cleaning, observation,
and other generally accepted professional and hus-
bandry practices.
2. A supervisor of an Animal Control Facility should
have a background in animal husbandry or care.
III. ANIMAL CARE
A. Food and water
1. Food and Water pans shall be made of durable mate-
rial that can be easily cleaned and sanitized or
be disposable and discarded after each use.
2. Food and water receptacles shall be located so as
to minimize contamination by pests as well as by
excreta.
3. Containers not discarded must be cleaned daily and
sanitized before being used to feed a different
animal or social grouping of animals. Self-feed-
ers for the feeding of dry food should be cleaned
and sanitized at least every two weeks.
4. Potable water should be offered at least twice
daily if not continually available.
5. Food should be offered at least once every twenty-
four {24) hours to all animals.
B. Temperature
1. Indoor temperatures should be maintained at a
level that is healthful for every species of
animals kept within the facilities. Minimum
temperature for animals that cannot tolerate lower
- 5 -
temperatures shall be sa· (fifty-eight degrees
Fahrenheit); for all other animals the minimum
temperature shall be not less than 35• (thirty-
five degrees Fahrenheit).
2. The maximum temperature for indoor facilities
shall not be more than 95• (ninety-five degrees
Fahrenheit) •
3. Animals kept outside should have access to a
shaded area.
c. Primary Enclosure
1. Outdoor housing facilities and cages should
provide sufficient room that all animals in the
structure can sit, stand, and lie in a normal
manner, and to turn about freely.
2. The Primary Enclosure should be constructed so as
to keep unauthorized humans out.
3. Should enable the animal to keep dry and clean.
4. All animals housed in the same primary enclosure
should be compatible.
D. Health of Animals
1. Any animal that appears to be sick and/or injured
will be separated from the other animals. The
sick and/or injured animal will be examined and
treated by a licensed veterinarian if appropriate.
2. If the animal has a communicable disease the other
animals in the ill animals social group will not
be sold until released by a veterinarian.
3. A record of all sales of animals weighing more
than one (1) pound will be maintained by the owner
and/or manager for ninety days. The record will
include the species of animals sold, date of sale,
purchasers name and address and source of animal.
E. Exercise and Socialization
1. Because of the social nature of dogs, all dogs
should be able to see and hear other dogs.
2. Dogs kept in cages should be exercised once a day
and should have positive physical contact
(petting, stroking, or other touching) with a
human at least once a day.
- 6 -
temperatures shall be sa· (fifty-eight d7g~ees
Fahrenheit); for all other animals the m1n1mum
temperature shall be not less than 35• (thirty-
five degrees Fahrenheit).
2. The maximum temperature for indoor facilities
shall not be more than 95• (ninety-five degrees
Fahrenheit).
3. Animals kept outside should have access to a
shaded area.
c. Primary Enclosure
1. outdoor housing facilities and cages should
provide sufficient room that all animals in the
structure can sit, stand, and lie in a normal
manner, and to turn about freely.
2. The Primary Enclosure should be constructed so as
to keep unauthorized humans out.
3. Should enable the animal to keep dry and clean.
4. All animals housed in the same primary enclosure
should be compatible.
D. Health of Animals
1. Any animal that appears to be sick andjor injured
will be separated from the other animals. The
sick andjor injured animal will be examined and
treated by a licensed veterinarian if appropriate.
2. If the animal has a communicable disease the other
animals in the ill animals social group will not
be sold until released by a veterinarian.
3. A record of all sales of animals weighing more
than one (1) pound will be maintained by the owner
and/or manager for ninety days. The record will
include the species of animals sold, date of sale,
purchasers name and address and source of animal.
E. Exercise and socialization
1. Because of the social nature of dogs, all dogs
should be able to see and hear other dogs.
2. Dogs kept in cages should be exercised once a day
and should have positive physical contact
(petting, stroking, or other touching) with a
human at least once a day.
- 6 -
PET SHOPS AND GROOMING ESTABLISHMENTS
Nothing in these standards should be interpreted to mean that a
pet shop does not have to comply with Animal Welfare Act and
whenever there is a conflict the Animal Welfare Act will take
precedence.
In general, the facility will provide heating, cooling, and
ventilation for the health, comfort, and well-being of the
animals housed there. The facility will be maintained in good
repair and in a sanitary manner.
I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES
A. Floor Construction
1. Interior floors shall be constructed of smooth
durable material such as sealed concrete, ter-
razzo, ceramic tile, durable grades of linoleum or
plastic, or tight wood impregnated with plastic,
and shall be maintained in good repair. Nothing
in this rule shall prohibit the use of antislip
floor covering in areas where necessary for safety
reasons.
2. Utility Line Installation. Exposed utility ser-
vice lines and pipes shall be installed in a way
that does not obstruct or prevent cleaning of the
floor.
B. Walls and Ceilings
1. Walls and ceilings including doors, windows, sky-
lights, and similar closures, shall be maintained
in good repair.
2. Exposed utility service lines and pipes shall be
installed according to and meeting all applicable
Codes.
c. Lighting
1. The facility shall have ample light to permit
routine cleaning and inspection.
2. Light fixtures, vent covers, wall mounted fans,
decorative material, and similar equipment
attached to the wall and ceiling shall be easily
cleanable and shall be maintained in good repair.
3. All artificial lighting shall be shielded to
protect against broken glass falling into areas
where animals are maintained.
- 7 -
D. Plumbing
1. There shall be available hot water at a minimum
temperature of 140• F . (one hundred and forty
degrees Fahrenheit) for wa shing cages, food pans,
watering bowls, and general cleaning.
2 . In general, all new andj or replaced plumbing shall
be sized, installed, and maintained according to
Lubbock City Plumbing Codes. There shall be no
cross-connection between the potable water supply
and any nonpotable or questionable water supply
nor any source of pollution through which the
potable water supply might become contaminated.
3. The potable water system shall be installed to
preclude the possibility of backflow. Devices
shall be installed to protect against backflow and
backsiphonage at all fixtures and equipment where
an air gap at least twice the diameter of the
water supply inlet is not provided between the
water supply inlet and the fixture's flood level
rim.
B. Toilet Facilities
1. Toilet facilities shall be installed according to
law, conveniently located, and will be accessible
to employees at all times.
2. Toilet facilities shall be kept clean and in good
repair. Toilet rooms used by women shall have at
least one covered waste receptacle.
F. Lavatory Facilities
1. Lavatories shall be at least the number required
by law, shall be insta lled according to law, and
shall be located to permit convenient use by all
employees.
2. A supply of hand-cleansing soap or detergent shall
be provided at each lavatory. A supply of sani-
tary towels or a hand-drying device providing
heated air shall be conveniently located near each
lavatory. If disposable t owels ar used, easily
cleanable waste receptacles shall be conveniently
located near the handwashing facilities.
G. ventilation
1. Intake and exhaust air ducts shall be maintained
to prevent the entrance of dust, dirt, and other
contaminating materials.
- 8 -
D. Plumbinq
1. There shall be available hot water at a minimum
temperature of 140° F. (one hundred and forty
degrees Fahrenheit) for washing cages, food pans,
watering bowls, and general cleaning.
2. In general, all new andjor replaced plumbing shall
be sized, installed, and maintained according to
Lubbock City Plumbing Codes. There shall be no
cross-connection between the potable water supply
and any nonpotable or questionable water supply
nor any source of pollution through which the
potable water supply might become contaminated.
3. The potable water system shall be installed to
preclude the possibility of backflow. Devices
shall be installed to protect against backflow and
backsiphonage at all fixtures and equipment where
an air gap at least twice the diameter of the
water supply inlet is not provided between the
water supply inlet and the fixture's flood level
rim.
E. Toilet Facilities
1. Toilet facilities shall be installed according to
law, conveniently located, and will be accessible
to employees at all times.
2. Toilet facilities shall be kept clean and in good
repair. Toilet rooms used by women shall have at
least one covered waste receptacle.
F. Lavatory Facilities
1. Lavatories shall be at least the number required
by law, shall be installed according to law, and
shall be located to permit convenient use by all
employees.
2. A supply of hand-cleansing soap or detergent shall
be provided at each lavatory. A supply of sani-
tary towels or a hand-drying device providing
heated air shall be conveniently located near each
lavatory. If disposable towels ar used, easily
cleanable waste receptacles shall be conveniently
located near the handwashing facilities.
G. ventilation
1. Intake and exhaust air ducts shall be maintained
to prevent the entrance of dust, dirt, and other
contaminating materials.
- 8 -
2. All rooms from which obnoxious odors, vapors or
fumes originate shall be mechanically vented to
the outside.
H. Poisonous or Toxic Materials
1. Only those poisonous or toxic materials necessary
for the maintenance of the establishment, the
cleaning and sanitation of equipment and utensils,
and the control of insects and rodents shall be
present in the establishment.
2. containers of poisonous or toxic materials shall
be prominently and distinctly labeled according to
law for easy identification of contents.
3. All poisonous or toxic materials shall be stored
in cabinets or in similar facilities used for no
other purpose.
z. Dressing Rooms and Locker Areas
1. If employees routinely change clothes, sufficient
lockers or other suitable facilities shall be
provided and used for the orderly storage of
employee clothing and other belongings.
2. The area shall be kept clean and in good repair.
J. Insect and Rodent control
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
x. Garbage and Refuse
1. Garbage and refuse shall be kept in durable,
easily cleanable, insect-proof and rodent-proof
containers that do not leak and do not absorb
liquids.
2. Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
3. There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
- 9 -
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
L. Facilities
1. Any surface that comes into contact with animals
shall be free of jagged edges or sharp points that
might injure the animals, as well as rust that
would prevent required cleaning and sanitizing.
Nothing in this section shall prevent the use of
barbed-wire for fencing large animals.
2. surfaces that come into contact with animals
should be cleaned daily and sanitized at least
every two weeks.
:t:t. EMPLOYEES
A. Personnel Hygiene
1. The outer clothing of all employees shall be
reasonably clean in consideration of the work in
progress during a normal business day.
2. Employees shall conform to good hygienic practices
while working.
3. Employees shall treat all animals in a humane
manner.
B. Numbers of Employees
1. There must be sufficient number of employees to
carry out proper feeding, cleaning, observation,
and other generally accepted professional and
husbandry practices.
2. A supervisor of an Animal Control Facility should
have a background in animal husbandry or care.
III. ANIMAL CARE
A. Food and Water
1. Food and Water pans shall be made of durable mate-
rial that can be easily cleaned and sanitized or
be disposable and discarded after each use.
2. Food and water receptacles shall be located so as
to minimize contamination by pests as well as by
excreta.
3. Containers not discarded must be cleaned daily and
sanitized before being used to feed a different
-10 -
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
L. Facilities
1. Any surface that comes into contact with animals
shall be free of jagged edges or sharp points that
might injure the animals, as well as rust that
would prevent required cleaning and sanitizing.
Nothing in this section shall prevent the use of
barbed-wire for fencing large animals.
2. Surfaces that come into contact with animals
should be cleaned daily and sanitized at least
every two weeks.
II. EMPLOYEES
A. Personnel Hygiene
1. The outer clothing of all employees shall be
reasonably clean in consideration of the work in
progress during a normal business day.
2. Employees shall conform to good hygienic practices
while working.
3. Employees shall treat all animals in a humane
manner.
B. Numbers of Employees
1. There must be sufficient number of employees to
carry out proper feeding, cleaning, observation,
and other generally accepted professional and
husbandry practices.
2. A supervisor of an Animal Control Facility should
have a background in animal husbandry or care.
II I. ANIMAL CARE
A. Food and water
1. Food and Water pans shall be made of durable mate-
rial that can be easily cleaned and sanitized or
be disposable and discarded after each use.
2. Food and water receptacles shall be located so as
to minimize contamination by pests as well as by
excreta.
3. Containers not discarded must be cleaned daily and
sanitized before being used to feed a different
-10 -
animal or social grouping of animals. Self-feed-
ers for the feeding of dry food should be cleaned
and sanitized at least every two weeks.
4. Potable water should be offered at least twice
daily if not continually available.
5. Food should be offered at least once every twenty-
four (24) hours to all animals.
B. Temperature
1. Indoor temperatures should be maintained at a
level that is healthful for every species of
animals kept within the facilities. Minimum
temperature for animals that cannot tolerate lower
temperatures shall be sa· (fifty-eight degrees);
for all other animals the minimum temperature
shall not be less than 35• (thirty-five degrees).
2. The maximum temperature for indoor facilities
shall not be more than 95• (ninety-five degrees).
3. Animals kept outside should have access to a
shaded area.
c. Primary Enclosure
1. outdoor housing facilities and cages should
provide sufficient room that all animals in the
structure can sit, stand, and lie in a normal
manner, and to turn about freely.
2. The Primary Enclosure should be constructed so as
to keep unauthorized humans out.
3. Should enable the animal to keep dry and clean.
4. All animals housed in the same primary enclosure
should be compatible.
5. Each bird must have sufficient room to sit on a
perch. Perches shall be placed horizontal to each
other in the same cage. Cages must be cleaned
daily and disinfected routinely.
6. There shall be sufficient clean and dry bedding to
meet the needs of each individual animal.
D. Health of Animals
1. Any animal that appears to be sick and/or injured
will be separated from the other animals. The
-11 -
.. ...
sick andjor injured animal will be examined and
treated by a licensed veterinarian if appropriate.
2. If the animal has a communicable disease the other
animals in the ill animals social group will not
be sold until released by a veterinarian.
3. A record of all sales of animals weighing more
than one (1} pound will be maintained by the owner
and/or manager for ninety days. The record will
include the species of animals sold, date of sale,
purchasers name and address and source of animal.
E. Exercise and socialization
1. Because of the social nature of dogs, all dogs
should be able to see and hear other dogs.
2. Dogs kept in cages should be exercised once a day
and should have positive physical contact
(petting, stroking, or other touching) with a
human at least once a day •
F. Sale of Animals
1. No owner may sell a "Wild Anima!!' as defined in
Sec. 4-1 of the City Code.
IV. PET GROOMING ESTABLISHMENTS--CONSIDERATIONS
A. Facilities
1. Provide enough cages (or wall-tie areas for large
animals) for each animal to be caged individually
except for animals from the same owner.
2. Floors to be maintained in clean condition
throughout working period.
3. Grooming tables/bathing tubs, etc. to be of sound
construction.
B. Equipment
1. Dryers, clippers, etc. to meet all U.L. standards
(on-off switches work properly, etc.).
2. Drying towels to be laundered after each use, with
appropriate laundry equipment (laundry bags,
baskets, etc. for storing wet towels).
-12 -
sick andjor injured animal will be examined and
treated by a licensed veterinarian if appropriate.
2. If the animal has a communicable disease the other
animals in the ill animals social group will not
be sold until released by a veterinarian.
3. A record of all sales of animals weighing more
than one (l) pound will be maintained by the owner
and/or manager for ninety days. The record will
include the species of animals sold, date of sale,
purchasers name and address and source of animal.
E. Exercise and Socialization
1. Because of the social nature of dogs, all dogs
should be able to see and hear other dogs.
2. Dogs kept in cages should be exercised once a day
and should have positive physical contact
(petting, stroking, or other touching) with a
human at least once a day.
P. Sale of Animals
l. No owner may sell a "Wild Animal" as defined in
Sec. 4-1 of the city Code.
IV. PET GROOMING ESTABLISHMENTS--CONSIDERATIONS
A. Facilities
1. Provide enough cages (or wall-tie areas for large
animals) for each animal to be caged individually
except for animals from the same owner.
2. Floors to be maintained in clean condition
throughout working period.
3. Grooming tables/bathing tubs, etc. to be of sound
construction.
B. Equipment
1. Dryers, clippers, etc. to meet all U.L. standards
(on-off switches work properly, etc.).
2. Drying towels to be laundered after each use, with
appropriate laundry equipment (laundry bags,
baskets, etc. for storing wet towels).
-12 -
c. Other
1. Animals with obvious or serious skin disorders or
diseases should be rejected until a veterinarian
release form can be obtained by the owner.
2. Dips and other chemicals to be mixed and used
according to manufacturers' recommendations.
3. Any animal which cannot be groomed without
excessive force should be brought to the attention
of the owner, at which time alternatives to ensure
the safety of both the groomer and the animal
should be discussed. If no reasonable solution
can be reached, the animal should be rejected.
STABLES
The number of animals maintained at a stable shall comply with
the Zoning Code, Chapter 29, Sec. 29-24, (c) (3) and (4).
I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES
A. Building
1. All buildings and sheds used for the stabling of
animals shall be well lighted and ventilated and
provide protection from the weather. For commer-
cial stables no building shall be located closer
than fifty (50) feet from the nearest property
line nor closer than two hundred (200) feet from
the boundary of a designated residential district.
The setback from the nearest property line may be
reduced to ten (10) feet when a solid rear wall of
a stable, building, or structure is adjacent and
substantially parallel to the property line. The
solid wall shall have no openings.
2. On property zoned as residential ·estates no build-
ing associated with the keeping of animals shall
be closer than thirty (30) feet from the side
property lines, forty feet from the rear property
line, or closer to the front property line than
the front of any residential structure on the lot,
tract, or parcel.
3. All buildings and sheds will be constructed to
comply with the Building Code.
4. All buildings and sheds used for stabling animals
shall be kept clean and in good repair.
-13 -
5. Any surface that comes into contact with animals
shall be free of jagged edges or sharp points that
might injure the animals, as well as rust that
would prevent required cleaning and sanitizing.
Nothing in this section shall prevent the use of
barbed-wire for fencing large animals.
6. Surfaces that come into contact with animals
should be cleaned weekly.
B. Fencinq
Pens and fences will be constructed of suitable
materials and of substantial construction suffi-
cient to restrain the animal(s).
II. INSECT AND RODENT CONTROL
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
III. GARBAGE AND REFUSE
1. Garbage and refuse shall be kept in durable,
easily cleanable, insect-proof and rodent-proof
containers that do not leak and do not absorb
liquids.
2. Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
3. There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
IV. EMPLOYEES
A. Personnel Hyqiene
1. The outer clothing of all employees shall be
clean.
2. Employees shall conform to good hygienic practices
while working.
-14 -
5. Any surface that comes into contact with animals
shall be free of jagged edges or sharp points that
might injure the animals, as well as rust that
would prevent required cleaning and sanitizing.
Nothing in this section shall prevent the use of
barbed-wire for fencing large animals.
6. Surfaces that come into contact with animals
should be cleaned weekly.
B. Fencinq
Pens and fences will be constructed of suitable
materials and of substantial construction suffi-
cient to restrain the animal(s).
II. INSECT AND RODE~T CONTROL
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
III. GARBAGE AND REFUSE
1. Garbage and refuse shall be kept in durable,
easily cleanable, insect-proof and rodent-proof
containers that do not leak and do not absorb
liquids.
2. Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
3. There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
IV. EMPLOYEES
A. Personnel Hygiene
1. The outer clothing of all employees shall be
clean.
2. Employees shall conform to good hygienic practices
while working.
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3. Employees shall treat all animals in a humane
manner.
B. Numbers of Employees
1. There must be sufficient number of employees to
carry out proper feeding, cleaning, observation,
and other generally accepted professional and
husbandry practices.
2. A supervisor of an Animal Control Facility should
have a background in animal husbandry or care.
c. Toilet & Lavatory Facilities
1. All commercial stables will provide toilet facili-
ties for customers.
2. Toilet facilities shall be kept clean and in good
repair. Toilet rooms used by women shall have at
least one covered waste receptacle.
3. Lavatories shall be at least the number required
by law, shall be installed according to law, and
shall be located to permit convenient use by all
employees and customers.
V. ANIMAL CARE
A. Peed and Water
1. All animals shall be provided with daily food and
water, free from contamination. Such food shall
be wholesome, palatable and of sufficient quantity
and nutritive value to meet the normal daily
requirements for the condition and size of the
animal.
2. Food and water pans shall be made of durable mate-
rial that can be easily cleaned and sanitized or
be disposable and discarded after each use.
3. Food and water receptacles shall be located so as
to minimize contamination by pests as well as by
excreta. ·
4. All opened sacks of feed grains or other foods
being fed with the exception of hay shall be
stored in metal or rodent-proof receptacles.
5. Working animals shall be provided water at the
loading site and on routes at all times they are
working.
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B. Manure
1. Manure shall be removed from buildings and sheds
used for housing animals daily.
2. Any enclosure where animals are kept shall be
graded and raked so as to keep the surface reason-
ably dry.
3. Any stall, stable, lot, or parcel where manure or
liquid discharge is allowed to accumulate to
constitute a breeding place for flies, or is not
kept in a clean and sanitary condition so that
offensive smells, odors or fumes escape therefrom,
shall be deemed a nuisance, subject to abatement
as provided for in Chapter 4, Sec. 4-2.
c. Health of Animals
1. Any animal that appears to be sick andjor injured
will be separated from the other animals. The
sick and/or injured animal will be examined and
treated by a licensed veterinarian.
2. If the animal has a communicable disease the other
animals in the ill animals social group will not
be sold until released by a veterinarian if
appropriate.
3. A record of all sales of animals weighing more
than one (1) pound will be maintained by the owner
and/or manager for ninety days. The record will
include the species of animals sold, date of sale,
purchasers name and address and source of animal.
VI. POISONOUS OR TOXIC MATERIALS
1. Only those poisonous or toxic materials necessary
for the maintenance of the establishment, the
cleaning and sanitation of equipment and utensils,
and the control of insects and rodents shall be
present in the establishment.
2. Containers of poisonous or toxic materials shall
be prominently and distinctly labeled according to
law for easy identification of contents.
3. All poisonous or toxic materials shall be stored
in cabinets or in similar facilities used for no
other purpose.
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B. Manure
1. Manure shall be removed from buildings and sheds
used for housing animals daily.
2. Any enclosure where animals are kept shall be
graded and raked so as to keep the surface reason-
ably dry.
3. Any stall, stable, lot, or parcel where manure or
liquid discharge is allowed to accumulate to
constitute a breeding place for flies, or is not
kept in a clean and sanitary condition so that
offensive smells, odors or fumes escape therefrom,
shall be deemed a nuisance, subject to abatement
as provided for in Chapter 4, Sec. 4-2.
c. Health of Animals
1. Any animal that appears to be sick andjor injured
will be separated from the other animals. The
sick and/or injured animal will be examined and
treated by a licensed veterinarian.
2. If the animal has a communicable disease the other
animals in the ill animals social group will not
be sold until released by a veterinarian if
appropriate.
3. A record of all sales of animals weighing more
than one (1) pound will be maintained by the owner
andjor manager for ninety days. The record will
include the species of animals sold, date of sale,
purchasers name and address and source of animal.
VI. POISONOUS OR TOXIC MATERIALS
1. Only those poisonous or toxic materials necessary
for the maintenance of the establishment, the
cleaning and sanitation of equipment and utensils,
and the control of insects and rodents shall be
present in the establishment.
2. Containers of poisonous or toxic materials shall
be prominently and distinctly labeled according to
law for easy ide~tification of contents.
3. All poisonous or toxic materials shall be stored
in cabinets or in similar facilities used for no
other purpose.
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VII. EQUIPMENT
1. All equipment used for riding and training must
fit each individual animal properly.
2. All harnesses and bridles shall be kept oiled and
cleaned and in good repair.
HOG PENS
It shal l be unlawful for any person to keep any live hog within
the city limits, except in the zones created and defined in Sec.
4-85, for a longer period than twenty-four {24) hours.
I. CONSTRUCTION AND MAINTENANCE OP PHYSICAL FACILITIES
A. Ploor construction
1. The floor of a pen, barn, shed or other place or
premises where any live hog may be kept or
permitted to run shall be constructed of a good
grade of waterproof cement and shall be kept in a
first-class state of repair at all times in such a
manner as to make the floor securely waterproof.
2. The outer edge of the floor of any hog pen, barn
or shed or other place or premises where any live
hog may be kept or permitted to run shall be
surrounded by a curb extending to a height of not
less than four (4) inches above the level of the
floor and such curb shall be maintained at all
times in a manner to preve nt the flow of water and
other liquid substance or substances therefrom
into adjoining premises.
3. Drains used to drain the floor of pens, barns,
sheds or other places or premises where any live
hog may be kept will be constructed as per the
Plumbing Code of the City of Lubbock.
4. The floors shall be cleaned daily.
II. POISONOUS OR TOXIC MATERIALS
1 . Only those poisonous or toxic materials necessary
for the maintenance of the establishment, the
cleaning and sanitation of equipment and utensils,
and the control of insects and rodents shall be
present in the establishment.
2. Containers of poisonous or toxic materials shall
be prominently and distinctly labeled according to
law for easy identification of contents.
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3. All poisonous or toxic materials shall be stored
in cabinets or in similar facilities used for no
other purpose.
III. INSECT AND RODENT CONTROL
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
IV. GARBAGE AND REFUSE
1. Garbage and refuse shall be kept in durable,
easily cleanable, insect-proof and rodent-proof
containers that do not leak and do not absorb
liquids.
2. Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
3. There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
4. Garbage and refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
V. FOOD AND WATER
1. All animals shall be provided with daily food free
from contamination. Such food shall be wholesome,
palatable and of sufficient quantity and nutritive
value to meet the normal daily requirements for
the condition and size of the animal. All garbage
fed to hogs shall be heated a minimum of 15
minutes at 111• (one hundred seventy-one degrees
Fahrenheit).
2. All animals shall have fresh water available at
all times.
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3. All poisonous or toxic materials shall be stored
in cabinets or in similar facilities used for no
other purpose.
III. INSECT AND RODENT CONTROL
1. Effective measures intended to minimize the pres-
ence of rodents, flies, cockroaches, and other
insects on the premises shall be utilized.
2. The premises shall be kept in such condition as to
prevent the harborage or feeding of insects or
rodents.
IV. GARBAGE AND REFUSE
1. Garbage and refuse shall be kept in durable,
easily cleanable, insect-proof and rodent-proof
containers that do not leak and do not absorb
liquids.
2 . Containers stored outside the establishment shall
be easily cleanable, shall be provided with tight-
fitting lids, doors or covers, and shall be kept
covered when not in actual use.
3 . There shall be a sufficient number of containers
to hold all the garbage and refuse that accumu-
lates.
4. Garbage and. refuse shall be stored in a manner to
make it inaccessible to insects and rodents.
V. FOOD AND WATER
1. All animals shall be provided with daily food free
from contamination. Such food shall be wholesome,
palatable and of sufficient quantity and nutritive
value to meet the normal daily requirements for
the condition and size of the animal. All garbage
fed to hogs shall be heated a minimum of 15
minutes at 111• (one hundred seventy-one degrees
Fahrenheit).
2. All animals shall have fresh water available at
all times.
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