Resident Commentary on Animal Services Ordinance. Irving Animal Advisory Committee Meeting July 12, PDF

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Resident Commentary on Animal Services Ordinance Irving Animal Advisory Committee Meeting July 12, Overview Abandonment Animal safety Dangerous wild animals Animal waste Feral cat management Fowl
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Resident Commentary on Animal Services Ordinance Irving Animal Advisory Committee Meeting July 12, Overview Abandonment Animal safety Dangerous wild animals Animal waste Feral cat management Fowl Registration exceptions Traps Officer responsibilities Unabated nuisance 2 Abandonment New Definition for Abandon Old: Abandon means leaving in an enclosure or at large without providing food and water or shelter from sun, rain, hail, or snow. New: Abandon means to fail to provide any animal with one (1) or more of the necessities of life including air, adequate food, potable water, sanitary conditions, or protection from the heat, cold, or other elements of nature for twenty-four (24) or more hours, or to leave in the custody of another person without their consent. Abandonment of animals in city prohibited Unlawful for a person to abandon any animal that they have possession at: the Animal Services Facility any business public property any other person that has not agreed to be responsible 3 Animal Safety Animals In Vehicles No transport in a motor vehicle unless the animal is safely enclosed within the vehicle No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health or safety. Roadside 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 right-ofway, commercial parking lot, or any flea market. This provision does not prohibit the sale or purchase of animals from a person s private residence 4 Dangerous Wild Animals Prevent dangerous wild animals in the City of Irving, including: bears, lions, tigers, gorillas, chimpanzees, cheetahs, etc. Dangerous Wild Animals prohibited; exceptions: A county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity A licensed research facility An organization that is an accredited member of the American Zoo and Aquarium Association A government-operated zoological park An injured, infirm, orphaned, or abandoned Dangerous Wild Animal while being rehabilitated, treated, or cared for by a licensed pursuant to Chapter 43, Texas Parks and Wildlife Code A Dangerous Wild Animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state 5 Animal waste Proposed requirements Offense: Knowingly permits the dog to enter or be present on private property located in a public place; and 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. Affirmative defense: The property was owned, leased, or controlled by the owner, harborer, or person in possession of the dog The dog was specifically trained to assist a person with a disability Prior consent from property owner for the dog to defecate on the property The dog is a police canine being used in official law enforcement activities Animal feces from a herbivore and was a residential compost mound or was zoned for agricultural uses, not within five hundred (500) feet of residentially zoned property. 6 Feral Cat Management Feral Cat Management A feral cat colony can be registered when the Animal Services Manager determines that a volunteer caregiver(s) can meet the following minimum requirements: Regular feeding will be maintained throughout the year. Adult cats and kittens 8 weeks of age will be neutered and vaccinated. Every attempt will be made to remove kittens from the colony before 8 weeks of age for domestication and placement. Stray cats will be released or placed into the custody of Animal Services. Sick or injured cats will be removed from the colony for immediate veterinary care or humane euthanasia. Cats will be earmarked and micro chipped for recognition as members of a registered feral cat colony. Location and relocation of a feral cat colony requires the approval of property owner or owners and the Animal Services Manager. Records of sterilization, vaccination, micro chipping, and animal identification will be provided to Animal Services upon request. 7 Enforcement: Fowl May not keep or maintain: more than four (4) fowl on one-half (1/2) acre or less or at a distance closer than fifty feet (50') from any habitation located on another's property. more than ten (10) fowl on more than one-half (1/2) acre but less than one acre at a distance closer than fifty feet (50') from any habitation located on another's property. twenty-five (25) fowl or more on one (1) acre or more at a distance closer than fifty feet (50 ) from any habitation located on another s property. Cannot be at large Must be contained within a coop or pen May not maintain roosters except in an area zoned as agricultural Fowl habitat must not give off odors offensive to persons of ordinary sensibilities residing in the vicinity 8 Free Registrations Requiring spay and neuters for free registrations helps prevent unwanted litters and increases the live release rate. Revisions: A dog or cat which is spayed or neutered, owned by and residing with a person who is sixty-five (65) years of age or older; A dog or cat which is spayed or neutered, owned by and residing with a person who provides proof of currently receiving Social Security disability income as a result of their own disability; and 9 Traps Promote responsible and humane trapping Must have permission from Animal Services. No steel jawed traps (commonly known as a bear trap , wolf trap , leg hold trap, or coyote trap ) allowed. Humane cage traps. Unlawful for any person to remove, alter, damage, or otherwise tamper with a trap belonging to the City of Irving. Authorizes the city to claim abandoned traps and impound any such trap. No use of poisons that are not sold commercially. 10 Officer responsibilities Impound an animal which is diseased or endangers the health of a person or another animal; or found to be running at large within the city Humanely euthanize Transfer to a humane organization any impounded or owner released animal that is to be destroyed as a result of the animal being impounded. Impound an animal which is diseased or endangers the health of a person or another animal; or found to be running at large within the city When the violation occurs on public property When the violation occurs on private property, if: The consent of the resident or property owner is obtained, The officer reasonably believes there is immediate and imminent danger Authorized by appropriate courts of law. 11 Unabated public nuisance Sec Unabated public nuisances. Animal Services Manager may determine that a public nuisance exists Notice will be given to remedy 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) (2) Exclusion from the city limits of Irving an animal(s) determined to be a continuing public nuisance. May appeal the determination of the Animal Services Manager to the Irving Municipal Court. An owner may appeal the decision of the municipal court to a county court-at-law, in the same manner as an appeal of a civil case. 12
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