January 2021 January 2021 Animal Services Report ANIMAL SERVICES REPORT Animal Services News • A total of 329 animals were adopted (179 dogs, 130 cats) • A total of 104 dogs and cats were returned to their owners (RTOs). • A total of 718 animals were brought to the shelter (529 stray, 113 owner surrender, 8 • Austin Animal Center moved to virtual adoptions only at the end of December after the City of abandoned, 45 public assist). Austin moved to COVID-19 Stage 5 restrictions. Animal Protection month of January. • Animal Protection Officers (APOs) returned 53 animals to their owners in the field during the • Officers handed out 48 fencing assistance applications, implanted three microchips and • Officers entered 190 rabies exposure reports and submitted 21 specimens for rabies testing. impounded 129 injured animals. All specimens came back negative for rabies. • 94 total coyote related activities o 52 sightings o 17 wild sick reports of mange o 8 wild speaks o 7 wild injured o 3 incidents involving a pet o 3 encounters involving a pet o 1 wild confined o 1 observation o 1 assist public • Out of 94 coyote related activities, 58 fell within the reported behavior types (sighting, encounter, and incident). Incidents: Pets were a factor in 2 out of the 3 activities • o 1 incident involved a coyote growling at the caller o 1 incident involved two coyotes injuring a raccoon o 1 incident involved a coyote biting a residents dog on the leg January 2021 Animal Services Report • Encounters: Pets were a factor in all the activities o 1 encounter involved a coyote trying to injure an off-leash dog with people present o 2 encounters involved a coyote following a resident and dog Volunteer, Foster and Rescue Programs • A total of 51 volunteers donated 1,334 hours during January. Due to Stage 5 restrictions, volunteer shifts have been limited to dog walking, veterinary treatment and video/photography. • Volunteers provided support to a dog adoption event on Saturday, January 30 where 10 dogs were adopted. • A new volunteer workgroup called Chameleon Club was formed to showcase our pets via austinanimalcenter.org. The Club provides biography write ups, photos and videos for pet profiles, enticing potential adopters to fall in love with them! So far the Club has added 141 videos to YouTube, added 144 slideshows to profiles, updated 80 profile …
ANIMAL ADVISORY COMMISSION RECOMMENDATION 20210208-3-B Seconded By: Craig Nazor Date: February 10, 2021 Subject: Recommendation Motioned By: Jo Anne Norton Recommendation The Animal Advisory Commission, with support of Animal Services Office (ASO) leadership, recommends revised language to correct an apparently unintended substantive change to Section 3-4-7, “Vicious Dog”, that gave only one option for a dog deemed vicious, I.e., that the dog can no longer reside within City limits, and to remove language pertaining to bites to people that ASO prosecutes under the “Dangerous Dog Statute”. (See attachment) Description of Recommendation to Council This recommendation gives the family of a dog deemed vicious the option to keep their dog, as it was in Austin from 1908 until the codification error in 2002. Owners of dogs deemed vicious will also have the option to appeal the decision to Municipal Court, the same as dogs deemed “dangerous” under the Dangerous Dog Statute. Language discrepancies within Section 3-4-7 have been rectified. Rationale: Correcting the error allows families to keep their pets while improving public safety by having restrictions in place to mitigate a similar situation. Adding an appeal process complies with due process requirements and case law. Vote For: 9 Against: 0 Abstain: 0 Absent: 2 with one vacancy Attest: AAC Chair 1 of 1
AAC Meeting Minutes 2021-02-08 REGULAR MEETING APPROVED March 8, 2021 ANIMAL ADVISORY COMMISSION MINUTES FEBRUARY 8, 2021 The Animal Advisory Commission convened, via video conferencing, in a Regular Meeting, Monday, February 8, 2021, 6 p.m. Chair David Lundstedt conducted a verbal roll call and called the Commission Meeting to order at 6:02 p.m. Commission Members in Attendance: David Lundstedt, Lisa Mitchell, Craig Nazor, Katie Jarl, Edward Flores, Dr. Jon Brandes, Monica Frenden, JoAnne Norton, and Nancy Nemer. Commission Members Absent: Palmer Neuhaus, Andrea Schwartz, Ryan Clinton, District 4 Vacant Staff in Attendance: Don Bland, Jason Garza, Dr. Kathryn Lund, Mark Sloat, Belinda Hare CITIZEN COMMUNICATION: The following speakers were allowed a three-minute allotment to express their views on items not posted on the Agenda: Delia Garza Meike Alana Susan Wampler Rachel Patfield Valerie Yates James Piper Michael Kinney Donna Skibbie 1 AAC Meeting Minutes 2021-02-08 1. APPROVAL OF MINUTES Commissioner Jarl moved to approve the minutes from the January, 2021, meeting; Commissioner Nemer seconded the motion. Motion passed 8 to 0 with Commissioners Lundstedt, Mitchell, Nazor, Jarl, Frenden, Brandes, Nemer and Norton voting to approve. Commissioner Flores joined the meeting later, after the vote; Commissioners Neuhaus, Clinton, and Schwartz were absent. District 4 position is vacant. 2. STAFF BRIEFINGS a. Austin Animal Center and Animal Services Reports b. COVID Update 3. OLD BUSINESS a. Discussion and Possible Action on Proposed Revisions to the City’s Vicious Dog Ordinance Commissioner Norton moved to approve the changes to the Vicious Dog Ordinance; Commissioner Nazor seconded the motion. Commissioner Flores joined the meeting and voted to approve, along with Commissioners Lundstedt, Mitchell, Nazor, Jarl, Frenden, Brandes, Nemer and Norton, for a unanimous, 9 to 0 vote. Commissioners Neuhaus, Clinton, and Schwartz were absent. District 4 position is vacant. b. Update, Discussion and Possible Action on Comparative Evaluation of Monthly Release Rates No action taken. 4. NEW BUSINESS a. Discussion and Possible Action on Off Leash Dogs Commissioner Norton moved to form a Work Group to see what can be done to resolve loose dog issues. Commissioner Nazor seconded the motion which passed unanimously, 9 to 0, with Commissioners Lundstedt, Mitchell, Nazor Jarl, Frenden, Flores, Brandes, Nemer and Norton voting to approve. Commissioners Neuhaus, Clinton, and Schwartz were absent. District 4 position is vacant. Commissioner Nazor made a motion to move Agenda Item 4c to the second item under New Business. Commissioner Norton seconded the …
Versión en español a continuación. ANIMAL ADVISORY COMMISSION Meeting, Monday, January 11, 2021, 6 P.M. Animal Advisory Commission meeting to be held January 11, 2021, 6 p.m., with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (by Sunday noon, January 10). All public comment will occur at the beginning of the meeting. To speak remotely at the January 11, 2021, Meeting, members of the public must: • Call or email the board liaison, Belinda Hare, at 512-978-0565 or Belinda.Hare@austintexas.gov no later than noon, Sunday, January 10. Emailing the liaison is most efficient. The following information is required: speaker name, agenda item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). • Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. • Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. • Speakers will be placed in a queue until their time to speak. • Handouts or other information may be emailed to Belinda.Hare@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. • If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Reunión del ANIMAL ADVISORY COMMISSION FECHA de la reunion Monday, January 11, 2021, 6 P.M. La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (Sunday noon, January 10, antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en Belinda Hare, 512-978-0565 or Belinda.Hare@austintexas.gov, a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo …
Rescue Sales Tax Bill Animal Advisory Commission January 11, 2021 Agenda Item: New Business 4b 87R2879 SMT-F By: Nelson S.B. No. 197 A BILL TO BE ENTITLED AN ACT relating to a sales and use tax exemption for animals adopted from or sold by nonprofit animal welfare organizations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 151.343, Tax Code, is amended to read as follows: Sec. 151.343. ANIMALS SOLD BY NONPROFIT ANIMAL SHELTERS OR NONPROFIT ANIMAL WELFARE ORGANIZATIONS. The sale, including the acceptance of a fee for adoption, of an animal by a nonprofit animal shelter, as that term is defined by Section 823.001, Health and Safety Code, or a nonprofit animal welfare organization, as that term is defined by Section 821.021, Health and Safety Code, is exempted from the taxes imposed by this chapter. SECTION 2. The change in law made by this Act does not affect tax liability accruing before the effective date of this Act. That liability continues in effect as if this Act had not been enacted, and the former law is continued in effect for the collection of taxes due and for civil and criminal enforcement of the liability for those taxes. SECTION 3. This Act takes effect October 1, 2021.
Draft proposed revision to Section 3-4-7 3-4-7 VICIOUS DOG. (A) An owner or handler shall take reasonable measures to protect the public from accidental contact with a dog that, by nature or by training, is dangerous to people or other animals. (B) [ An owner or handler may not keep or permit a dog to be in the city if the dog has] For purposes of this section, a vicious dog is a dog that, while running at large, has: [(1) on at least three separate occasions bitten or scratched a person in the city; (2) on at least one occasion bitten or scratched a person to an extent that the attending physician has presented an affidavit to the health authority stating that the person’s life may have been endangered by the dog; or (3) on at least one occasion:] [(a)] (1) killed another dog, cat, or other domestic pet, fowl, or livestock, provided, however, that when the incident occurred, the killed animal was not in violation of a provision of this title relating to the confinement or physical control of animals in the City; or [(b)] (2) seriously injured another animal to an extent that an attending veterinarian has presented an affidavit to the health authority stating that the injured animal's life was seriously endangered or taken by the dog, or that the dog caused a significant permanent impairment of the injured animal’s basic bodily functions or mobility; provided, however, that when the incident occurred, the injured animal was not in violation of a provision of this title relating to the confinement or physical control of animals in the City. (C) If the Health Authority determines that a dog is a vicious dog as defined in subsection (B), the owner of the dog shall comply with the following conditions: (1) restrain the dog at all times on a leash in the immediate control of a person or in an enclosure that prevents the escape or release of the dog; (2) Before taking the dog to a boarding facility, notify the facility that the dog has been determined by the Health Authority to be a vicious dog; (3) not later than the 30th day after a person has been provided notice that the dog has been determined by the Health Authority to be a vicious dog: (a) submit proof to the Health Authority of the dog’s current rabies vaccination; and …
December 2020 December 2020 Animal Services Report ANIMAL SERVICES REPORT Animal Services News • A total of 523 animals were adopted (242 dogs, 270 cats) • A total of 107dogs and cats were returned to their owners (RTOs). • A total of 766 animals were brought to the shelter (506 stray, 196 owner surrender, 16 abandoned, 48 public assist). Animal Protection month of December. impounded 130 injured animals. • Animal Protection Officers (APOs) returned 78 animals to their owners in the field during the • Officers handed out 36 fencing assistance applications, implanted 7 microchips and • Officers entered 203 rabies exposure reports and submitted 27 specimens for rabies testing. One bat and one raccoon tested positive for rabies. • 112 total coyote related activities o 55 sightings o 33 wild sick reports of mange o 13 wild injures o 4 incidents involving a pet o 3 encounters involving a pet o 2 wild speaks o 1 observation • Out of 112 coyote related activities, 55 fell within the reported behavior types (sighting, encounter, and incident). Incidents: Pets were a factor in 3 out of the 4 activities • o 1 incident involved coyote injuring unattended dog, but was saved by owner. o 1 incident involved two coyotes chasing a dog up to a back door. o 1 incident involved a coyote with mange, growling at the caller. o 1 incident involved a coyote taking an unclaimed cat into the greenbelt • Encounters: Pets were a factor in 2 out of the 3 activities o 2 encounters involved a coyote following a resident and their dog o 1 encounter involved a coyote approaching the caller aggressively. Volunteer, Foster and Rescue Programs • A total of 81 volunteers donated 1,475 hours during December to cat kennel cleaning, socialization, dog walking, recovery, ringworm treatment, bed and toy December 2020 Animal Services Report making and fostering. • At the end of the month, the City of Austin moved to Stage 5 on the COVID Risk Based Guidelines and closed to the public. Fortunately, we were able to allow volunteers to continue their service to the shelter pets by walking dogs and helping with cat treatment and recovery. Without volunteer help, these services would otherwise have fallen on our limited staff. . • Volunteers ensured a very merry Christmas for the shelter pets by handing out stockings to each and every animal, hanging it …
Feral Hog Program on the Austin Water Wildland Conservation Division Lands Overview: • For over 15 years, Austin Water– Wildland Conservation Division has actively worked to reduce the feral hog population on land it manages. This is done through a program of trapping and safely dispatching hogs. The removal of invasive species is necessary to protect habitat and water quality and is required for compliance with our federal Balcones Canyonlands Conservation Plan (BCCP) permit. • The Wildland Conservation Division and our Balcones Canyonlands Preserve Partners at Travis County are also working with Dr. John Morill, DVM, PhD, and John Cornelius (Orion Research and Management Services) on a research study to track multiple zoonotic diseases that have potential negative impacts to human health and safety. Data from this study are reported to the Texas Animal Health Commission as well as National Institutes of Health and the Centers for Disease Control and Prevention. These studies are in collaboration with the University of Texas Medical Branch, Galveston, Texas and the University of Texas at El Paso. • Decreasing the number of feral hogs on the Wildlands is a major component of Austin • Water’s land management plans. Approximately 75-150 feral hogs are removed through Austin Water management annually. In addition to the potential safety and health risk to biologists or hikers and runners with this invasive species, feral hogs also cause significant ecological damage. Since areas of the Balcones Canyonlands Preserve like the Bull Creek greenbelt represent some of the very last breeding grounds for the endangered Golden-cheeked Warbler, hog damage directly undermines Austin Water’s commitment to conservation of this habitat. As Austin continues to urbanize, the Balcones Canyonlands Preserve is an irreplaceable resource. Feral hogs also cause significant damage to springs and creeks on the Austin Water properties where they are found. Additional feral hog management techniques and considerations: • Austin Water continues to install high game fences around the perimeter of the Balcones Canyonlands Preserve and Water Quality Protection Lands. The fences help to keep wildlife inside the preserve, and neighbors should not damage any fencing and report any cuts in the fence to the Wildland Conservation Division (512-972-1660). Minimizing movement of feral hog populations is important to reducing their numbers and protecting the safety of our neighbors. When they can migrate from an area with an active trap into areas without a management program, they are able to reproduce and …
ANIMAL ADVISORY COMMISSION RECOMMENDATION 2021-01-11-4B January 13, 2021 Date: Subject: Legislative Agenda Motioned By: Ryan Clinton Recommendation; The Animal Advisory Commission recommends that Senate bill 197 be added to the City's legislative agenda and take action necessary action to support the City's No Kill goals. Description of Recommendation to Council; Seconded By: Monica Frenden SB 197 would exempt rescue groups from paying sales tax on animal adoptions. Rationale: Vote For: 9-0 Against: none Abstain: none Absent: 3 with one vacancy Attest: AAC Chair 1 of 1
AAC Meeting Minutes 2021-01-11 REGULAR MEETING APPROVED FEBRUARY 8, 2021 ANIMAL ADVISORY COMMISSION January 11, 2021 The Animal Advisory Commission convened, via video conferencing, in a Regular Meeting, Monday, January 11, 2021, 6 p.m. Chair David Lundstedt conducted a verbal roll call and called the Commission Meeting to order at 6:02 p.m. Commission Members in Attendance: David Lundstedt, Craig Nazor, Katie Jarl, Palmer Neuhaus, Edward Flores, Dr. Jon Brandes, Monica Frenden, Andrea Schwartz, JoAnne Norton, and Ryan Clinton (some commissioners joined the meeting late as noted below). Commission Members Absent: Lisa Mitchell, Nancy Nemer, District 4 Vacant Staff in Attendance: Don Bland, Jason Garza, Belinda Hare Speakers: None 1. APPROVAL OF MINUTES Commissioner Jarl moved to approve the minutes from the October 12, 2020, meeting; Commissioner Norton seconded the motion. Motion passed 7 to 0 with Commissioners Lundstedt, Jarl, Neuhaus, Flores, Frenden, Schwartz, and Norton voting to approve. Commissioners Nazor, Brandes and Clinton joined the meeting later, after the vote; Commissioners Mitchell and Nemer were absent. District 4 position is vacant. Commissioner Flores proposed moving agenda item 4b, Staff Briefing on Animal Sales in Travis County, before New Business; Commissioner Jarl seconded the motion which passed, 7 to 0, with Commissioners Lundstedt, Jarl, Neuhaus, Flores, Frenden, Schwartz, and Norton voting to approve. Commissioners Nazor, Brandes and Clinton joined the meeting later, after the vote. Commissioners Mitchell and Nemer were absent; District 4 position is vacant. 1 AAC Meeting Minutes 2021-01-11 4. STAFF BRIEFINGS 2. NEW BUSINESS b. Animal Sales in Travis County Animal Services Officer Mark Sloat reported that animal sales in Travis County are outside the jurisdiction of Animal Protection; calls regarding related animal welfare/cruelty go to the Travis County Sheriff’s Office. a. Discussion and Possible Action on the Sale of Animals in Travis County Commissioners Nazor and Brandes joined the meeting during this discussion. Commissioner Jarl proposed, and Commissioner Norton seconded, the commission recommend Travis County Commissioners Court review Austin’s Ordinance §-3-2-3, Commerce in Live Animals, and incorporate the portions allowed under State statutes into a County ordinance. The motion passed 9 to 0 with all those present voting in favor, including Commissioners Lundstedt, Jarl, Neuhaus, Flores, Frenden, Schwartz, Norton, Nazor and Brandes voting in favor. Commissioner Clinton was not present for the vote. Commissioners Mitchell and Nemer were absent; District 4 position is vacant. b. Discussion and Possible Action on Proposed Changes and Updates to the Vicious …
Versión en español a continuación. Animal Advisory Commission Special Called Meeting Thursday, December 17, 6 p.m. Animal Advisory Commission Special Called Meeting to be held Thursday, December 17, 2020, with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (Wednesday, December 16, by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the December 17 Animal Advisory Commission Meeting, members of the public must: • Call or email the commission liaison, Belinda Hare, at 512-978-0565 or Belinda.hare@austintexas.gov no later than Wednesday noon, December 16. Email is most efficient when communicating. The following information is required: speaker name, agenda item number(s) you wish to speak on, whether you are for/against/neutral, email address and telephone number (must be the same phone number that will be used to call into the meeting). • Once a request to speak has been made to the commission liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. • Speakers must call in at least 15 minutes prior to meeting start time in order to speak, late callers will not be accepted and will not be able to speak. Please call in by 5:45 p.m. on December 17. • Speakers will be placed in a queue until their time to speak. • Handouts or other information may be emailed to Belinda.hare@austintexas.gov by noon, December 16, the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. • If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn-live Reunión del Animal Advisory Commission FECHA de la reunion (Thursday, December 17, 6 p.m.) La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (Wednesday noon, December 16, antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en Belinda Hare, 512-978-0565 or Belinda.Hare@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el …
History of City Ordinance Provisions relating to Vicious Dogs 1908 City Code provision In the City Code of 1908, Article 31 read in pertinent part: It shall not be lawful for any person to keep any dangerous or vicious dog within the limits of this city at any time unless same is kept at all times securely chained, . . . The gist of the ordinance as it existed in 1908 was that a vicious or dangerous dog (terms not defined in the ordinance) must be kept securely chained. At the time, non-vicious dogs were apparently allowed to run at large if they were registered and tagged. An ordinance passed on April 4, 1918 provided: 1918 Ordinance It shall be unlawful for any owner or person in control of any dangerous or vicious dog to keep or permit the same in or about any public house, public place, street or alley in the City of Austin. The essential provisions of the ordinance of 1918 remained in effect until 2002. The 1918 ordinance required that a dangerous or vicious dog be kept away from any public place. The 1918 ordinance survived for more than eight decades and several revisions and amendments to the city’s ordinance relating to animals. On August 15, 1935, a new animal control ordinance was passed which kept the 1918 provision verbatim. On July 1, 1943, a new animal control ordinance was passed which kept the 1918 provision verbatim. The City Codes issued in 1954 and 1967 kept the 1918 provision verbatim. Leash law When the 1918 language relating to vicious dogs was enacted, there was no "leash law" as we know it today. Until 1955, dogs in the City of Austin, except for unspayed female dogs in heat, were allowed to run at large so long as they had a registration tag attached to their collar. However, it seems that a vicious dog could not be allowed to run at large as other dogs could, and a vicious dog had to be kept away from any "public house, public place, street or alley" in the city. In 1955, the city enacted a new ordinance providing that a dog owner "shall keep his dog under restraint at all times and shall not permit such dog to run at large off the premises or property of the owner." By 1967, "At large" had been defined as "off the premises …
Miscellaneous current Austin City Code provisions relating to dogs and vicious dogs: § 3-1-1 DEFINITIONS. In this title: (10) OWNER means a person who owns, feeds, keeps, maintains, or harbors an animal or who knowingly allows an animal to remain on the person's property. (12) RESTRAINT used with respect to a dog or cat means: (a) kept in a secure enclosure; or (b) kept under the direct physical control of the animal's owner or handler by a leash, cord, chain, or similar direct physical control. (14) RUNNING AT LARGE means an animal not: (a) under the direct physical control of its owner or handler; or (b) physically restrained within the premises of its owner or handler. § 3-2-1 RUNNING AT LARGE PROHIBITED. Except as specifically provided in this title, an owner or handler may not allow livestock, fowl, a dog, or other domestic or dangerous animal or reptile to run at large. § 3-4-1 UNRESTRAINED DOG PROHIBITED. (A) Except as provided in Section 3-4-4 (Public Areas Where Restraint of a Dog is Not Required), an owner or handler of a dog shall keep the dog under restraint. (B) A person holding a dog on a leash or lead shall keep the dog under control at all times. § 3-4-7 VICIOUS DOG. (A) An owner or handler shall take reasonable measures to protect the public from accidental contact with a dog that, by nature or by training, is dangerous to people or other animals. (B) An owner or handler may not keep or permit a dog to be in the city if the dog has: (1) on at least three separate occasions bitten or scratched a person in the city; Page 1 of 2 (2) on at least one occasion bitten or scratched a person to an extent that the attending physician has presented an affidavit to the health authority stating that the person’s life may have been endangered by the dog; or (3) on at least one occasion: (a) killed another dog, cat, or other domestic pet, fowl, or livestock; or (b) seriously injured another animal to an extent that an attending veterinarian has presented an affidavit to the health authority stating that the injured animal's life was seriously endangered or taken by the dog, or that the dog caused a significant permanent impairment of the injured animal’s basic bodily functions or mobility; provided, however, that when the incident occurred, …
Draft proposed revision to Section 3-4-7 3-4-7 VICIOUS DOG. (A) An owner or handler shall take reasonable measures to protect the public from accidental contact with a dog that, by nature or by training, is dangerous to people or other animals. (B) [ An owner or handler may not keep or permit a dog to be in the city if the dog has] For purposes of this section, a vicious dog is a dog that, while running at large, has: [(1) on at least three separate occasions bitten or scratched a person in the city; (2) on at least one occasion bitten or scratched a person to an extent that the attending physician has presented an affidavit to the health authority stating that the person’s life may have been endangered by the dog; or (3) on at least one occasion:] [(a)] (1) killed another dog, cat, or other domestic pet, fowl, or livestock, provided, however, that when the incident occurred, the killed animal was not in violation of a provision of this title relating to the confinement or physical control of animals in the City; or [(b)] (2) seriously injured another animal to an extent that an attending veterinarian has presented an affidavit to the health authority stating that the injured animal's life was seriously endangered or taken by the dog, or that the dog caused a significant permanent impairment of the injured animal’s basic bodily functions or mobility; provided, however, that when the incident occurred, the injured animal was not in violation of a provision of this title relating to the confinement or physical control of animals in the City. (C) If the Health Authority determines that a dog is a vicious dog as defined in subsection (B), the owner of the dog shall, not later than the 30th day after a person has been provided notice that the dog has been determined by the Health Authority to be a vicious dog, comply with the following conditions: (1) restrain the dog at all times on a leash in the immediate control of a person or in a secure enclosure; and (2) comply with other applicable requirements as established by the Health Authority. (D) The Health Authority may enforce a violation of Subsection (C) by issuance of a citation. Page 1 of 1
By: ____________________ __.B. No. _____ A BILL TO BE ENTITLED AN ACT relating to the management of wildlife and wildlife habitat by a municipality; authorizing a fee. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 10, Health and Safety Code, is amended by adding Chapter 830 to read as follows: CHAPTER 830. WILDLIFE AND WILDLIFE HABITAT WITHIN MUNICIPALITIES Sec. 830.001. DEFINITIONS. In this chapter: (1) "Animal control officer" has the meaning assigned by Section 829.001. organization that: (2) "Animal rescue nonprofit organization" means an (A) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and (B) is primarily engaged in the rehabilitation of sick, injured, or orphaned wildlife located in the area served by (3) "Animal shelter" has the meaning assigned by Section the organization. 823.001. Page - 1 - (4) "Development project" means a project to develop a site, or improve a developed site, for profit. Sec. 830.002. DEDICATED WILDLIFE OFFICER. (a) A municipality may establish the position of dedicated wildlife officer. located. (b) A dedicated wildlife officer must be an animal control officer employed at an animal shelter in the municipality that provides services in the municipality and the unincorporated areas of the county in which the municipality is wholly or primarily (c) A dedicated wildlife officer shall perform the duties determined by the municipality, which must include: (1) resolving conflicts between humans and wildlife in a humane and scientifically based manner; (2) responding to inquiries regarding wildlife and wildlife habitat; and (3) educating the public on issues related to interactions between humans and wildlife. Sec. 830.003. IMPOSITION OF MITIGATION FEE. (a) A home-rule municipality may impose on the developer of a development project located within the corporate boundaries of the municipality or the extraterritorial jurisdiction of the municipality a fee not to exceed $100 for each acre or portion of an acre on which natural Page -2 - vegetation is removed as part of the project. (b) Chapter 395, Local Government Code, does not apply to a fee imposed under this section. Sec. 830.004. EXPENDITURE OF MONEY FROM FEE. A municipality may spend money collected from a fee authorized by Section 830.003 (1) support the rehabilitation of wildlife by an animal rescue nonprofit organization located in the municipality; (2) fund the position of dedicated wildlife officer …
