Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

Home Browse Search

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 a city animal control officer or peace officer. (Ord. No.2008-62, §3, 12-18-08) Sec. 6.011.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 animal control officer.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 permit the animal to reach shelter,food or water or otherwise create an unsafe or unhealthy situation; (3) To tether any animal in such as manner as to permit 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 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 animal with a tether that is shorter than the greater of ten feet or five times the length of the dog,as measured from the tip of the dog's nose to the base of the dog's tail; (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; (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; (12) To use a tether that weighs more than one-fifth of the animal's body weight;or (13) To allow an animal to remain tethered during a severe weather event.A severe weather event includes conditions in which:(a)the actual or effective outdoor temperature is below 32 degrees Fahrenheit; (b)a heat advisory has been issued by local or state authority or jurisdiction;or(c)a hurricane,tropical storm or tornado warning has been issued for the jurisdiction by the National Weather Service. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.012. 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: Created: 2022-03-03 11:27:11 [EST] (Supp. No.34,Update 4) Page 13 of 40