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

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(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) A hearing to determine if an animal is a dangerous animal shall be conducted within 15 days after receipt of the complaint, impoundment, or seizure of the animal,whichever occurs later, unless continued for good cause.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 hearing shall be provided by the public health director or his designee to the owner of the animal or by the clerk of the municipal court, by certified mail, return receipt requested,and to the complainant by regular mail.At a hearing all parties shall be given opportunity to present evidence on the issue of whether the animal is dangerous. (e) Upon conclusion of a hearing to determine if an animal is a dangerous animal, if the court finds that the animal is not dangerous it shall be promptly returned to its owner's custody after all impound and board fees have been paid. If the court finds that the animal is a dangerous animal the court shall order that the owner comply with one or more 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,at the owner's expense, before the animal is released from the animal services facility or other state approved quarantine facility. i. Obtaining liability insurance coverage or showing financial responsibility in an amount of at least $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 animal services director; ii. Registering with the City of San Marcos 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 color photographs that clearly identify the dangerous animal; iii. Having the animal sterilized; iv. 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 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; Created: 2022-03-03 11:27:12 [EST] (Supp.No.34,Update 4) Page 34 of 40