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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(k) In the event that any owner of an animal declared to be dangerous violates any part of the court's order,the animal may be immediately seized and impounded by an animal control officer. In addition,the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal.Any animal already declared to be dangerous which is impounded due to any violation of this chapter or seized for causing injury to a human being or another animal shall immediately become the property of the City of San Marcos and shall not continue to be a registered dangerous animal. (1) If the dangerous animal makes an unprovoked attack on a person or another animal outside the animal's enclosure and causes bodily injury to the person or other animal,the owner of the dangerous animal will be charged with a misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a felony. (m) If an owner of a dangerous animal is found guilty of an offense under this section,the public health director or his designee may order the dangerous animal be humanely euthanized by an animal control officer or a licensed veterinarian. (n) No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another's property, or the person injured was tormenting, abusing or assaulting the animal or its owner,or was committing or attempting to commit a crime at the time of injury. (o) Orders of the municipal court pertaining to dangerous animals may be appealed to the Hays County Court by filing a written notice of appeal within ten days with the municipal court clerk,and by following all of the procedures set forth in chapter 55 of the San Marcos Code of Ordinances. During the pendency of such appeal,the order of the public health director shall be suspended,and the animal shall remain impounded at the owner's expense at the animal services facility or other state approved quarantine facility for observation. If a proper appeal is not filed and perfected the municipal court's order shall be a final order. (p) It shall be a violation for any owner of a permitted dangerous animal to refuse, upon request by the department,to make his/her animal(s), premises,facilities,equipment,and any necessary permit(s)available for inspection for the purpose of ascertaining compliance with the provisions of this chapter. (q) The owner of an animal that has been determined to be dangerous by another jurisdiction is prohibited from bringing such animal into the city limits. (r) The animal services manager shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.071. Keeping of dangerous wild animals. (a) It shall be unlawful to keep any wild animal within the city limits of San Marcos,with the following exceptions: (1) If a person and his or her facility housing such dangerous wild animal(s) has complied with all applicable federal,state and local laws and regulations, including, but not limited to,the acquisition and retention of all applicable permits, prior to final adoption of this chapter,said person may retain dangerous wild animals(s)in the above described facility in compliance with all federal,state and local laws, including, but not limited to Chapter 822 of the Texas Health and Safety Code, as amended; (2) A governmental agency or entity acting in an official capacity; (3) A government-operated zoological park; (4) A permitted wildlife educational center,animal exhibitions with valid state or federal permits;or Created: 2022-03-03 11:27:12 [EST] (Supp. No.34,Update 4) Page 36 of 40