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ORDINANCE NO. 22-3729
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER
2 "ANIMAL CONTROL", ARTICLE 2.01 "GENERAL PROVISIONS", § 2.01.001,
"DEFINITIONS", § 2.01.00 "APPOINTMENT OF SENIOR ANIMAL CONTROL
OFFICER", § 2.01.003 "INTERFERENCE WITH ANIMAL CONTROL OFFICER",
§ 2.01.004 "SERVICE FEES AND CHARGES", § 2.01.006 "FOWL RUNNING AT
LARGE", § 2.01.008 "OPEN TRAPS AND METAL JAW TRAPS", § 2.01.009
"DUTY UPON STRIKING ANIMAL WITH MOTOR VEHICLE"; ARTICLE 2.02
"KEEPING REGULATIONS", § 2.02.001 "KEEPING OF LIVESTOCK, SWINE OR
FOWL RESTRICTED"; ARTICLE 2.04 "DOMESTICATED ANIMALS", § 2.04.002
"VICIOUS ANIMALS PROHIBITED IN PUBLIC PLACES", § 2.04.006 "LEAVING
ANIMAL UNATTENDED IN VEHICLE", § 2.04.031 "KEEPING UNLICENSED
ANIMAL", DELETING § 2.04.061 UNDER "NUISANCES" AND REPLACING IT
WITH § 2.04.061 "NUMBER OF DOGS AND CATS AT RESIDENCES; MULTI -
PET PERMIT"; § 2.04.096 "HOLDING PERIOD, DISPOSITION OF
UNREDEEMED ANIMALS", § 2.04.099 "DESTRUCTION OF SICK, INJURED,
UNWEENED OR DONATED ANIMALS"; ARTICLE 2.06 "RABIES CONTROL",
§ 2.06.012 "REFUSAL TO SURRENDER ANIMAL FOR QUARANTINE OR
DESTRUCTION"; ADDING § 2.01.010 "ANIMAL ADVISORY AND APPEALS
BOARD" AND § 2.04.102 "USE OF VOLUNTEERS"; PROVIDING FOR A
PENALTY NOT TO EXCEED $500.00 FOR EACH OFFENSE; PROVIDING AN
EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
REPEALER AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution
and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home rule city, has the authority to set forth ordinances and regulations and
exercise its police powers for the public health, safety, morals, or general welfare of the citizens
of the City of Plainview; and
WHEREAS, the City of Plainview is authorized to adopt animal control regulations and is
authorized to defined and abate nuisances pursuant to Chapter 217 of the Texas Local
Government Code and regulate dangerous dogs pursuant to Chapter 822 of the Texas Health
and Safety Code; and
WHEREAS, the City Council previously adopted an animal control ordinance as
enumerated and outlined in Chapter 2 of the Plainview Code of Ordinances "Animal Control"; and
WHEREAS, the City Council of the City of Plainview, finds the following amendments to
the Code of Ordinances, City of Plainview, Texas amending Chapter 2 "Animal Control' as
outlined below are reasonable, consistent with the TCEQ requirements and beneficial for the
public health, safety and general welfare of the citizens of Plainview and a proper exercise of its
police power;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, THAT:
SECTION 1. The findings and recitals outlined above are found to be true and correct and are
hereby adopted and approved.
SECTION 2. Chapter 2 "Animal Control', Article 2.01 "General Provisions", §§ 2.01.001 —
Animal Ordinance Amendments - 2022 Page 1 of 13
43
2.01.104 of the Code of Ordinances, City of Plainview, Texas are hereby amended to read as
follows (for reference purposes, amended portions are indicated as follows: deletions — strikeout;
new additions — underlined and italicized):
Sec.2.01.001 Definitions
The following words and phrases, as used in this chapter, shall have the meanings
respectively ascribed to them in this section unless the context clearly indicates
otherwise:
Abandon. To dump desert, or leave any animal on public or private property with the
intent of terminating any further responsibility for said animal; and shall also mean
failing to properly redeem any animal impounded or quarantined bV the city.
Animal. AnV livinq creature, domestic or wild, including, but not limited to, dogs, cats,
cows, horses, birds, fish, mammals, reptiles, insects, fowls, and livestock but
specificallV excluding human beings.
Animal Control Officer. The person designated bV the city manager to enforce this article
or an authorized representative.
At large. Not under the control of the owner or a member of his immediate family either by
leash, cord, chain or otherwise, or in a fenced yard or enclosure; the wearing of a muzzle
by a dog shall not be regarded as control under this definition.
Cat. A member of the feline species -family of animals, including both male and female
but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other
wild animal of this family or hVbrids.
Dangerous animal. Any animal that:
(1) Makes an unprovoked attack on a person oranimal that causes bodily injury and
occurs in a place other than an enclosure in which the animal has being kept
and that was reasonably certain to prevent the animal from leavinq the
enclosure on its own: or
(2) 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 on its own and those acts caused a person to
reasonably believe that the animal will attack and cause bodily injurV to that
person.
, Iivestee
death,serieus beddly injury or outside ReG t ZonnTlnJCroi n
fiT
(2 ed act of gg ess by an animal outside o seGUred �e
"` `J `J �Tu�R�ri �Arri Q
;
(3) DGGtGF ef veterinary mediGine Gertifies that an animal poses a daRger to
human life, anornal life, or prepeF:ty based eR a reasonable med'Gal prebability
after ebsep,�49R.
Designated veterinarian: A licensed veterinarian who has been approved by the city to
Animal Ordinance Amendments - 2022 Page 2 of 13
III
collect fees for and issue license for animals.
Dog. A domesticated animal that is a member of the canine family but does not include
a wolf, jackal, fox, coyote or other wild animal of this family or hybrids. e member e +ho
Domesticated animal. An animal of a species of vertebrates that has been
domesticated by humans so as to live and breed in a tame condition and depends on
humankind for survival, such as dogs, dGcats, and ferrets, but does not include livestock.
�i
ARimalshin keas pt cii h as- aS GF Gat&:
Ferret: A domesticated animal that is a member or the Family Mustelidae but not
including weasels, skunks, martens, mink or badgers.
Fowl. Any chicken, turkey, pheasant, quail, guineas, geese, ducks, peacocks, and
other domestic or wild feathered creatures.
Guard dog: Any dog which has been trained and or used for the purpose of protecting
persons or property bV a guard dog company or the dog owner
Harboring. The furnishing of lodging, shelter, food or water.
Hybred: The product of the mating of two different species of animals regardless of the
number or generations born since that original mating.
Licensed veterinarian: A person licensed to practice veterinarian medicine.
Livestock: A horse, or any member of the domesticated horse family, including but not
limited to, mules, donkeys, and ponies; and all types of varieties of cattle, bulls, and all
members or the cow family, and all types of domesticated swine, sheep and goats.
Local Rabies Control Authority: The person designated by the city council in accordance
with Section 826.017 of the Texas Health and Safety Code.
Miniature swine: Any member of the swine family which has, through selective breeding,
been genetically manipulated so as to attain a maximum height or 18 inches at the
shoulder and a maximum weight of 60 pounds.
New Owner: A person who is legally competent to enter into a binding contract and who
is adopting a dog or cat from are leasing agency
Owner. Any person owning, keeping or harboring; a &MeMiGa an animal.
Person: An individual, firm, partnership, association, corporation or other legal entity.
Prohibited Animal. Means an animal that poses a potential physical or disease threat to
the public or that is protected bV international, federal or state regulations, including but
not limited to the following:
Class Reptilia: Family Helodermatidea (venomous lizards): Family Viperidae
(rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers);
Family Elapida (coral snakes, cobras, mambas, and other elapids); The
following listed species of Family Colubridae- Dispholidustypus (Boomslang),
Hyrodynastes hihas (water cobra), Boiga (mangrove snake), and Thelotornis
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(African twig snake) only Order Phidia,
apd s)and Order Crocodilia (crocodiles, alligators, caimans,
and gavials);
Class Aves: Order Falconiforms (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and
Order Striqiforms (such as owls);
Class Mamalia: Order Carnivora, Family Felidae (such as ocelots, margays,
tigers ia-guars leopards and cougars) except commonly accepted
domesticated cats: Family Canidae (such as wolves, wolf -dog hybrids, dingos,
coyotes and jackals) except domesticated dogs; Family Mustelida (such as
weasels skunks martens mink and badgers, but does not include ferrets);
Family Procyonidae (raccoon) but does not include ferrets; Family Ursidae
(such as bears) ; Order Marsupialia (such as kangaroos and common
opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order
Proboscidea (elephants) Order Primata (such as monkeys, chimpanzees, and
gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as
antelope, deer, bison, and camels); and
Animals not listed: The animal services manager or their designee may declare
any species of animal not listed in this subsection as "prohibited" if the
confinement of the animal within the City can be shown to constitute a threat
to public health and safety.
The term prohibited animal does not include the following:
A bird kept in a cage or aviary that is not regulated by international, federal,
or state law; or
A gerbil, hamster, guinea pig, or laboratory mouse or rat.
Releasina aaencv: A public or private animal shelter, or humane organization. The term
does not include an individual who occasionally renders humane assistance in the
individual's home for a dog or cat.
Running at large: Shall mean not completely confined bV a building, wall or fence of
sufficient strength or construction to restrain the animal. Except when such animal is
either on a leash, or held in the hands of the owner or keeper, or under direct supervision
of the owner within the limits of the owner's private property. Any animal confined within
an automobile or other vehicle shall not be deemed running at large.
Secure enclosure: A fenced area or structure that is:
Locked
Capable of preventing the entry of the -general public, including children
Capable of preventing the escape or release of the animal to be secured
Clearly marked as containing a dangerous dog or animal; and
Meets the requirements for secure enclosures listed and the approval of the
animal services officer
Serious bodily injury: Any physical injury that involves a substantial risk of death,
disfigurement, or impairment of any part of the body, including but not limited to a broken
Animal Ordinance Amendments - 2022 Page 4 of 13
gel
bone or a laceration requiring either multiple stitches or cosmetic surgery.
Spaying, Neutering, or Sterilization: The surgical removal of the reproductive organs of
a dog or cat or render the animal unable to reproduce.
Unprovoked, Action by an animal that is not;
In response to being tormented, abused. Or assaulted by any person;
In response to pain or injury, or
In protection of itself or its food, kennel, immediate territory, or nursing
offspring
Veterinarian: A person licensed to practice veterinarian medicine by the state board of
veterinarian medical examiners.
Wild animal. ,
6nake6 aad 16 Feptile& Any animal other than domesticated animals or
livestock.
Sec. 2.01.002 Appointment of senior animal control officer
The city manager shall appoint an animal control officer and such assistants as may be
required. Such officer shall be under the supervision and control of the city manager or
his designee.
Sec. 2.01.003 Interference with and authority of animal control officer
It shall be unlawful for any person to interfere with or hinder the animal control officer,
or the designee thereof, in the performance of his official duty.
Enforcement of this article and any state laws regulating animal control within the city
shall be the responsibility of the animal control officer
The animal control officer is authorized to;
Impound any animal in violation of this article;
Issue citations for any violation of this article or applicable state law.
Sec. 2.01.004 Service fees and charges
Any animal impounded under the provisions of this chapter may be reclaimed by the
owner in person taking custody of such animal upon complying with section 2.04.098 of
this chapter and payment of the following fees based upon owner impoundment records
within a two-year period:
Animal reaistration/license fees
Animal license fee, through local veterinary smo- 10.00
Duplicate license fee, through local veterinary 1/2 of license fee
Dangerous dog license registration fee $75.00- 100.00
Boarding fee, per day
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Ll
All animals except livestock
Livestock
Impoundment fees per animal, except livestock
First time in 12-month period
Second time in 12-month period
Third time or more in 12-month period
Impoundment fees for livestock, per head
First time in 12-month period
Second time in 12-month period
Third time in 12-month period
M'sc;ellaneeus font nor animal
Ry animal trap, reopen
Euthanasia
ru
Quarantine fee, daily
Pick-up fee for animal to be quarantined
Redemption deposit in lieu of rabies vaccination
(refundable upon proof of vaccination)
Shipping fee for rabies test
$5.00 15.00
$6 0020.00
$25.00 $50.00 (refundable upon
providing written proof of
spaying/neutering of animal within
30 days of impoundment)
$50.00 $75.00 + $200.00
surcharge if animal is not
spayed/neutered
$60. 00 $100. 000 + $200. 00
surcharge if animal is not
spayed/neutered
$25.00 $75.00
$50.00 $125.00
$60.00 $200.00
$5.00-$25/ 10-day min
$25.00 35.00
$15-00 30. 00
,
Wild Animal for Scientific or Educational purpose $25.00
Animal Surrender fee $30.00/under 6 month $10.00
Multi-peUBreeder Permit $100.00
All fees due are assessed for each animal impounded.
SECTION 3. Chapter 2 "Animal Control", Article 2.01 "General Provisions", § 2.01.006 "Fowl
running at large" of the Code of Ordinances, City of Plainview, Texas is amended to read as
follows (for reference purposes, amended portions are indicated as follows: deletions — strikeout;
new additions underlined and italicized):
Sec. 2.01.006 Fowl running at large
It shall be unlawful for any person raising or keeping any type of chickens, turkeys,
ducks or guineas, or any other type or kind of fowl as defined in this ordinance
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(excluding pigeons), to allow or permit the same to be at large or run at large within the
city.
SECTION 4. Chapter 2 "Animal Control", Article 2.01 "General Provisions", §§ 2.01.008 —
2.01.009 of the Code of Ordinances, City of Plainview, Texas is amended to read as follows (for
reference purposes, amended portions are indicated as follows: deletions — strikeout; new
additions underlined and italicized):
Sec. 2.01.008 Open traps and metal jaw traps
No person shall use or expose an open trap or metal jaw trap likely to injure any
domesticated animal or person. Traps used or provided by Animal Control Services for
the humane trapping of small animals or cats is expressly exempt from this provision.
Sec. 2.01.009 Duty upon striking animal with motor vehicle
Any person who, as the operator of a motor vehicle, strikes a domesticated animal or
livestock shall immediately report such injury or death to the animal's owner. In the
event the owner is unavailable or unknown, then such report shall be made to the
animal control officer or call the after-hours non -emergency line for the police
department. ,
SECTION 5. Chapter 2 "Animal Control", Article 2.01 "General Provisions", is hereby
amended by adding § 2.01.010 of the Code of Ordinances, City of Plainview, Texas, entitled
"Animal Advisory and Appeals Board" to read as follows (for reference purposes, amended
portions are indicated as follows: deletions — strikeout; new additions underlined and italicized):
Sec. 2.01.010 Animal Advisory and Appeals Board.
(a) There is hereby created the Animal Advisory and Appeals Board appointed by
the city council comprised of one (1) licensed veterinarian, one (1) municipal official,
one (1) person whose duties include the daily operation of an animal shelter, one (1)
resident of the city who shall not be an employee of the City and one (1) member of an
animal welfare organization. Except as provided for in Sec. 2.02.010 (e)(2), the board
is advisory only.
(b) Members of the board shall hold office for staggered terms of two (2) years and
until their successors are appointed. There shall be no limit on the number of terms a
member may serve, provided the member is reappointed by the city council. At the first
meeting of the Animal Advisory and Appeals Board the members shall select the initial
length of the terms of the members by the drawing of lots with three members of the
committee serving initial terms of two (2) years and two members havinq an initial term
of one (1) year.
(c) Members serve at the will and pleasure of the city council and must reside within
the municipal limits of the city. Should any member of the Board move out of the city
limits and cease to be a legal resident of the city, his/her office shall automatically
become vacant and shall be filled in the manner provided above.
(d) If a board member is absent without excuse for three consecutive regularly
scheduled meetings, or if a board member is absent for 25 percent of the regularly
scheduled meetings within a 12-month period, the position shall be declared vacant
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and the vacancy shall be filled for the remainder of the unexpired term by the city council
within 30 days after the vacancy occurs.
(e) Duties include the following:
(1) Making recommendations on Animal Services.
(2) Hear appeals of denial or revocation of registration of an animal or the
revocation of or refusal to issue a multi -pet permit. All decisions by the board
regarding the aforementioned items are final. The board may establish rules of
procedure regarding all such appeals.
(f) The appeals board provided herein shall also act as the animal advisory
committee which shall meet as prescribed by state law in order to ensure compliance
with Chapter 823 (Animal Shelters), of the Texas Health and Safety Code, as amended.
SECTION 6. Chapter 2 "Animal Control", Article 2.02 "Keeping Regulations", § 2.02.001
"Keeping of livestock, swine or fowl restricted" of the Code of Ordinances, City of Plainview, Texas
is amended to read as follows (for reference purposes, amended portions are indicated as follows:
deletions — strikeout; new additions underlined and italicized):
Sec. 2.02.001 Keeping of livestock, swine or fowl restricted
It shall be unlawful for any person to keep, harbor or maintain for any length of time
whatsoever any of the following animals or fowl within the city upon any property zoned
other than M-1 , M-2Residential Agriculture or Heavy Industrialer agFiGultura4 or where
otherwise specifically permitted by the city's zoning ordinance. In addition, where such
animals are allowed to be kept, harbored or maintained, stables, enclosures, pens,
coops, roosts, or other places wherein the same are so kept, harbored or maintained
shall not be within the following indicated proximity to any residence or dwelling other
than that of the owner or keeper of such animals or fowl:
(1) Cows, horses, mules, sheep, goats, jacks, jennets, or other livestock, 200
feet;
(2) Swine of any type or kind whatsoever, 500 feet;
(3) Fowl of any type or kind whatsoever, except pigeons, 100 feet.
SECTION 7. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", § 2.04.002
shall be amended by changing the title of such section to read as follows (for reference purposes,
amended portions are indicated as follows: deletions — strikeout; new additions underlined and
italicized):
Sec. 2.04.002 Vicious or dangerous animals prohibited in public places.
SECTION 8. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", § 2.04.006
"Leaving animal unattended in vehicle" of the Code of Ordinances, City of Plainview, Texas is
amended to read as follows (for reference purposes, amended portions are indicated as follows:
deletions — strikeout; new additions underlined and italicized):
Animal Ordinance Amendments - 2022 Page 8 of 13
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Sec. 2.04.006 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 obtain a search warrant from municipal court iudge orjustice of the peace
pursuant to section 821.022 of the Health and Safety Code and may impound such
animal pending a hearing. If, after making a reasonable attempt to locate the owner of
the vehicle, it is reasonably apparent under the circumstances to the animal control
officer or law enforcement officer that an animal left in a vehicle or trailer will sustain
life threatening iniury or death from being left in the vehicle or trailer before a warrant
can be obtained, the animal control officer shall contact the necessary law enforcement
agency for assistance in removing the animal from the vehicle or trailer and taking the
animal into the custody of the animal control officer. Once in the animal control officer's
custody, the animal's owner shall redeem the animal in accordance with the terms and
provisions of this article regarding impounding of animals. The owner of the vehicle
shall be responsible for any damage caused by the removal of the animal from the
vehicle or trailer. Neither the animal control officer, law enforcement officer nor the City
of Plainview shall be held responsible for damages that may occur from the removal of
an animal from a vehicle or trailer pursuant to this section.
SECTION 9. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", §§ 2.04.031 -
2.04.032 of the Code of Ordinances, City of Plainview, Texas is amended to read as follows (for
reference purposes, amended portions are indicated as follows: deletions — strikeout; new
additions underlined and italicized):
Sec. 2.04.031 Keeping unlicensed animal
It shall be unlawful for any person to keep any dog or cat in the limits of the city for
which a license has not been procured from a local veterinary clinic or the City of
Plainview.
Sec. 2.04.032 Annual rabies license and city license required
Each person owning or keeping a dog or cat within the city shall procure a rabies and
a city license annually. Such licenses shall be provided by local veterinary clinics or the
City of Plainview.
SECTION 10. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", § 2.04.061
"Enumerated" of the Code of Ordinances, City of Plainview, Texas is amended to read as follows
(for reference purposes, amended portions are indicated as follows: deletions — strikeout; new
additions underlined and italicized):
Sec.2.04.061 Enumerated
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Except as provided by Sec. 2.04.069 of this division, 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. Any violation of this provision is hereby declared a public
nuisance.
SECTION 11. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", is hereby
amended by adding § 2.04.069 entitled "Number of dogs and cats at residence; multi -pet permit"
to the Code of Ordinances, City of Plainview, Texas to read as follows (for reference purposes,
amended portions are indicated as follows: deletions — strikeout; new additions underlined and
italicized):
Sec. 2.04.061 Number of dogs and cats at residence; 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 their residence may apply with the
director of animal services for a multi -pet permit. The applicant shall pay an application
fee at the time of filing.
c) The director of animal services or their desionee shall inspect the premises of
any applicant and applicants shall provide the director of animal services with
information concerning the maximum number of animals to be kept at any one time at
such premises and other pertinent information as required by the director. If the
applicant or anyone residing at the residence subject to a multi -pet permit application
has been the subject of a nuisance complaint regardinq the keeping or harboring of
animals or been found in violation of Chapter 2 of the Code of Ordinances of the City
Animal Ordinance Amendments - 2022 Page 10 of 13
52
of Plainview, within the preceding twenty-four (24) months, the city may refuse to issue
the permit. A permit 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. Any person
issued a permit consents to the city inspecting the premises annually or upon the city
receiving a written complaint re arding the keepinq of animals at the premises.
(d) Such permit may be revoked bV the director of animal services for cause,
including, but not limited to, violations of the provisions of Chapter 2 of the Code of
Ordinances of the City of Plainview 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 for a period up to
two (2) years, unless the director of animal services revokes the permit.
Regardless of initial application and permit approval date, each permit shall expire on
March 31st of the second year following approval. When issued, the permit is non-
transferable and shall remain valid only for the person submitting the application and
the premises that is subject to the permit and only for the number and type of animals
for which it was originally issued. The permit may not be sold or transferred, voluntarily
or involuntarily, to any other person or entity. Thirty (30) days prior to expiration of the
multi -pet permit, persons desiring to have a permit under this section may apply to
renew the multi -pet permit. The applicant shall paV a permit fee at the time of filing the
renewal application.
f) Anv person either denied a multi -pet permit. or who has had their permit
revoked, may file an appeal with the Animal Advisory and Appeals Board. Such appeal
must be made in writing within ten (10) days of receiving written notice from the director
of animal services of the permit denial or revocation. If no appeal request is made within
the ten-day period, the denial or revocation of the permit becomes final. Upon receiving
an appeal, the appeals board shall set a hearing for the appeal and shall make a final
decision at such hearing based upon any evidence presented.
SECTION 12. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", § 2.04.096
"Holding period; disposition of unredeemed animals" of the Code of Ordinances, City of Plainview,
Texas is amended to read as follows (for reference purposes, amended portions are indicated as
follows: deletions — strikeout; new additions underlined and italicized):
Sec. 2.04.096 Holding period; disposition of unredeemed animals
(a) All impounded animals shall be redeemed within five days SeVeRt tWe (72) he rs
after the same was impounded. When calculating the five days
period for redemption, hours occurring on days when the animal shelter is not open for
business will not be counted as part of the redemption period, as long as space is
available to hold the impounded animals. If all animal shelter cages become full, the
supervisor of animal control will agree on which untagged animals will be euthanized,
so that space can be made for additional animals.
(b) At the direction of the senior animal control officer or designee, an animal or fowl
not timely redeemed by the owner shall either be placed for adoption with a registered
or licensed rescue or adoption group #uRaRe seei� to find a suitable home, kept for
city purposes, or be humanely destroyed, or be disposed of for medical purposes.
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SECTION 13. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals", § 2.04.099
"Destruction of sick, injured, unweaned or donated animals" of the Code of Ordinances, City of
Plainview, Texas is amended to read as follows (for reference purposes, amended portions are
indicated as follows: deletions — strikeout; new additions underlined and italicized):
Sec. 2.04.099 Destruction of sick, injured, animals
After first consulting with a licensed veterinarian, an animal control officer may destroy
any animal by a humane method if the animal is ' so-6+sler
injured that its cure is considered by the animal control officer to be impracticable, or if
death is imminent; and, in any of such event, such destruction may be done
immediately without notice or any waiting period.
SECTION 14. Chapter 2 "Animal Control", Article 2.04 "Domesticated Animals" of the Code of
Ordinances, City of Plainview, Texas is hereby amended by adding § 2.04.102 entitled "Use of
volunteers at animal shelter' to read as follows (for reference purposes, amended portions are
indicated as follows: deletions — strikeout; new additions underlined and italicized):
Sec. 2.04.102 Use of volunteers at animal shelter
The citv manaaer is authorized to allow unpaid volunteers to assist city employees at
anv city animal control facilitv or animal shelter. Before allowinq anyone to volunteer
at any city animal control facility or animal shelter, the city manager or his designee
must develop and implement rules, procedures or regulations necessary to protect the
city, the city employees, the volunteers and the animals as well as limiting any legal
liability to the city. Any person who volunteers must follow and adhere to any rules,
procedures or regulations established by the city manager. Nothing in this section shall
be construed as to require the city manager to authorize volunteers to assist city
employees at any city animal control facility or animal shelter. lb
SECTION 15. Chapter 2 "Animal Control", Article 2.06 "Rabies Control", § 2.06.012 "Refusal
to surrender animal for quarantine or destruction" of the Code of Ordinances, City of Plainview,
Texas is amended to read as follows (for reference purposes, amended portions are indicated as
follows: deletions — strikeout; new additions underlined and italicized):
Sec. 2.06.012 Refusal to surrender animal for quarantine or destruction
It shall be unlawful for any person to refuse to surrender
any animal for quarantine or destruction as required herein when demand is made
therefor by the rabies control authority or animal control officer.
Should the owner refuse to surrender any animal for quarantine or
destruction, the city follow the procedures outlined in Texas Health and Safety Code
822.002 in order to seize the animal.
SECTION 16. Penalty. Any person found in violation of any provision of this Ordinance shall be
shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with
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the general penalty provision found in Section 1.01.009 of the Code of Ordinances of the City of
Plainview, Texas.
SECTION 17. Effective Date. This ordinance shall take effect immediately from and after its
passage and publication as may be required by governing law.
SECTION 18. Repealed. All other terms and provisions of the Plainview Code of Ordinances
not in conflict herewith and not hereby amended shall remain in full force and effect.
SECTION 19. Severability. Should any paragraph, section, sentence, phrase, clause or word
of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this
ordinance shall not be affected thereby and shall remain in full force and effect.
SECTION 20. Publication. The City Secretary of the City of Plainview is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
Passed and approved on first reading this 101h day of May, 2022.
Passed and approved on second reading this 191h day of May, 2022.
ATTEST:
Belinda Hinojosa, City Secr ary
APPROVED AS TO CONTENT:
Jeff re Sn , City Manager
APPROVED AS TO FORM:
Mat ade, City Attorney
Animal Ordinance Amendments - 2022
Susan Blackerby, Mayor Pro Tern
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