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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V. Not allowing the animal to go outside of its cage, pen or enclosure unless the animal is under physical restraint. No person shall permit a dangerous animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be tethered or otherwise leashed to inanimate objects,such as trees, posts,buildings, etc.All dangerous animals outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings; vi. Posting signs giving notice of a dangerous animal in the area or on the premises in which such animal is confined.Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear letters not less than two inches high,stating "DANGEROUS ANIMAL, ON PREMISES." Such signs shall also display a symbol that is understandable by small children,that warns of the presence of a dangerous animal; vii. Providing the animal with a fluorescent yellow collar visible at 50 feet in normal daylight and attaching a fluorescent orange tag provided by the animal services division to the collar that is worn at all times so that the animal can be easily identified. viii. Implanting a microchip into the animal and registering it for life with the city's animal services division and a recognized national registry;and ix. Paying the appropriate dangerous animal permit fee annually. (f) Any animal that is deemed a dangerous animal that was not previously impounded or otherwise in the possession of the animal services facility or any other state approved quarantine facility,shall immediately be impounded and boarded at the owner's expense until such time as the owner complies with all of the required conditions as set forth by the court's ruling.The animal shall be held at the owner's expense pending the outcome of any appeal. It shall be a violation of this section for the owner to refuse to turn the animal over as required and for the purposes of enforcement;each day for each animal in question shall be considered a separate offense. (g) The owner shall have 15 days from the declaration of the animal as dangerous to comply with all of the required conditions as set forth by this chapter. If the owner fails to meet all of the requirements,the animal may be humanely euthanized on the 16th day by an animal control officer or a licensed veterinarian. (h) In the event that a registered dangerous animal escapes its cage, pen or enclosure or attacks a human being or another animal,the owner of the dangerous animal shall immediately notify the animal services division. For the purposes of this chapter,immediately shall mean within 30 minutes of the owner becoming,aware of the escape or attacks. (i) In the event that a registered dangerous animal dies,the owner must present the body of the animal to the city enforcement agent or a licensed veterinarian for verification by microchip identification before disposal of its body. (j) Prior to transferring ownership in any way or moving a registered dangerous animal,either inside or outside the city limits,the owner must obtain, in writing, permission from the animal services manager to transfer ownership or move the animal. If ownership of the animal is being transferred,the new owner will be required to comply with all provisions of this chapter before the animal can be moved from the previous owner's custody. If the animal is being moved from the city limits,the owner must provide, in writing,to the animal services manager,the destination address of where the animal is to be moved to and proof that the owner has alerted the agency responsible for animal services in that area. Created: 2022-03-03 11:27:12 [EST] (Supp.No.34,Update 4) Page 35 of 40