Sec. 5-100. - Dog and cat license required; application.

(a)

The owner or keeper of any dog or cat must apply for a license before the animal attains four (4) months of age. The application shall include the name and address of the applicant, description of the animal, and have attached thereto a copy of the proof of current rabies vaccination. Any unlicensed dog or cat shall be subject to seizure and impoundment at the discretion of the investigating animal care officer and shall be subject to adoption, rescue, foster or humanely euthanized at the discretion of the director if not timely redeemed within the impoundment period as set out in this Code.

(b)

It is a defense to prosecution under this section that:

(1)

The dog or cat owner is a nonresident of this city and is keeping the subject pet in the city for fewer than sixty (60) days;

(2)

The dog or cat owner has been a resident of this city for fewer than thirty (30) days; or

(3)

The dog or cat had been abandoned or lost and the temporary owner has had the dog or cat for fewer than thirty (30) days.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-101. - Validity of license.

A dog or cat license may be issued for one (1), two (2) or three (3) years and shall be renewed not later than the last day of the month the registration expires. Regardless of the term of dog or cat license obtained, it will be valid as long as long the rabies vaccination certificate is current and will expire on the expiration of the current rabies vaccination certificate. Dogs and cats which were licensed under Ordinance 2007-12-13-1291 (passed and approved by the city council on December 13, 2007) which provided that a dog or cat license will be valid as long as the rabies vaccination certificate is current and maintained are exempt from the licensing renewal requirement under this chapter.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-102. - Issuance of pet license.

Upon the acceptance of the dog or cat license application, the director, his authorized animal care officer, as well as any licensed veterinarian, pet product retailer, or pet service provider located in the city which is approved by the director, is hereby authorized to issue a dog or cat license which is stamped with an identifying number.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-103. - Wearing tags, exception.

(a)

Dogs must wear dog license tags at all times while outdoors; except that dogs which are kept for show or exhibition purposes are not required to wear such tags as long as the dogs are otherwise under restraint.

(b)

Cats that are currently vaccinated for rabies and microchipped shall not be required to wear tags on a collar due to the danger of accidental strangulation. Upon request of the director or his authorized animal care officer, the owner or keeper of any cat licensed in accordance with this chapter shall display such tag or license receipt for the animal in question to any requesting officer.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-104. - Permits/licenses when issued; required record of numbers.

(a)

A permit or a license shall be issued after payment of the applicable fee, if any. The director is authorized to reduce or waive any fee provided for in this chapter.

(b)

The department shall maintain a record of the identifying numbers of all dog and cat licenses.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-105. - Nontransferability.

No person may use any pet dog or cat license for any animal other than the one for which it was issued.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-106. - Review upon frequent violations.

The director shall review any and all dog or cat licenses issued to any animal owners against whom four (4) or more convictions have been obtained within a period of one (1) year under the provisions of this chapter and shall revoke said license as to the subject pet(s) and notify the subject animal owner of said revocation if, after the director or his appointed representative conducts an administrative hearing, and determines that the public health and safety are at risk while the licensed pet owner or any member of this household has possession or control of the subject animals. Certified mail notice of the time and place of said hearing shall be mailed to the last known address of the licensed pet owner at least ten (10) days prior to said hearing.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-107. - Litter permit.

Any person whose female dog or cat has a litter must obtain a litter permit prior to or within ten (10) business days of the litter's birth.

(1)

The issuance of a permit authorizes the whelping of no more than one (1) litter per female dog or cat in any 12-month period.

(2)

If a person fails to obtain a permit after notice, then the department shall be authorized to impound the female dog or cat and the animal litter.

(3)

The litter permit number shall be prominently displayed in all advertisements, notices, or displays of the litter for sale or trade or offers to give away any members of the litter.

(4)

No person may offer any puppy or kitten under the age of eight (8) weeks for sale, trade or other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the department, or any tax-exempt nonprofit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals, or any recognized rescue organization which is currently registered with the department).

(5)

This section does not apply to caretakers of feral cat colonies and rescuers affiliated with recognized rescue organizations registered with the department.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-108. - Seller's permit.

Any person who sells or offers for sale one (1) or more puppies must obtain a seller's permit.

(1)

Each seller's permit shall be valid for one (1) year. Each permit applicant shall be required to take an educational course as part of the permit application process.

(2)

The seller's permit number shall be prominently displayed in all advertisements, notices, or displays for sale of the puppies.

(3)

A seller's permit holder shall provide a purchaser a written statement which shall include a guarantee of good health for a period of not less than two (2) weeks with a recommendation to have the animal examined by a licensed veterinarian.

(4)

A person who obtains a litter permit or pet shop license shall not be required to obtain a seller's permit under this section.

(5)

If a person fails to obtain a permit after notice, then the department shall be authorized to impound the puppies.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-109. - Animal limits; excess animal permit.

(a)

The total number of domestic fowl and livestock allowed at a residence is five (5) which may include:

(1)

Up to three (3) domestic fowl, and

(2)

Up to two (2) animals from the following classes of livestock:

a.

Equines;

b.

Bovines;

c.

Sheep;

d.

Goats; and

e.

Llamas.

(b)

All livestock must be enclosed in a pen the nearest point being at least one hundred (100) feet from any dwelling or business building owned or occupied by any person other than the owner. All domestic fowl must be kept in an enclosure. An owner must comply with the following with regard to domestic fowl and livestock:

(1)

The owner must have adequate facilities to house the livestock and domestic fowl and ensure adequate sanitation.

(2)

The livestock and domestic fowl must be kept housed or confined in a manner that does not allow them to create a nuisance.

(3)

Sanitation must be addressed in a manner that prevents the attraction of pests.

(c)

If an owner desires to exceed the maximum number of domestic fowl or livestock specified in subsection (a), an owner must make an application for an excess animal permit with the department which shall be valid for one (1) year. The criteria for evaluating the application for an excess animal permit shall be those listed in subsection (b). In addition, all domestic fowl must be kept in an enclosure not less than fifty (50) feet from any business or dwelling occupied by any person other than the owner. The facilities shall be subject to inspection by the department.

(d)

A maximum number of eight (8) cats or five (5) dogs, or an aggregate number of eight (8) is permitted at a residence. In order to have more dogs and/or cats than this chapter allows at a residence, an owner must apply for an excess animal permit which shall be valid for one (1) year. The criteria used to evaluate the granting of a dog or cat permit are as follows:

(1)

All dogs and cats for which a permit is required must be sterilized, unless the dog (s) or cat (s) qualifies for a certified medical exception by a licensed veterinarian or is under four (4) months old.

(2)

All dogs and cats must be currently vaccinated for rabies.

(3)

All dogs and cats must be currently licensed by the city.

(4)

The dogs and/or cats must not be housed exclusively outside.

(5)

All dogs and cats must have a photograph of each animal attached to an animal profile sheet that will be kept on record as verification of the animals allowed in the permit. Rescuers registered with the department shall be exempt from the photograph and profile sheet requirement.

(6)

If the owner of the dogs and/or cats is not the owner of the property, the permission of the property owner must be obtained before a permit application will be processed.

(7)

A check will be made to determine if there are any previous valid complaints. A previous valid complaint can be grounds for the denial of a permit request.

(8)

The requestor must have adequate property or facilities to ensure the dogs and/or cats do not disturb any neighbors. The facilities shall be subject to inspection by the department.

(e)

The total number of rabbits allowed at a residence is ten (10). An owner must comply with the following with regard to rabbits:

(1)

The owner must have adequate facilities to house the rabbits and ensure adequate sanitation.

(2)

The rabbits must be kept housed or confined in a manner that does not allow them to create a nuisance.

(3)

Sanitation must be addressed in a manner that prevents the attraction of pests.

If an owner desires to exceed the maximum number of rabbits specified above (ten (10) rabbits), an owner must make an application for an excess animal permit with the department which shall be valid for one (1) year. The criteria for evaluating the application for an excess animal permit shall be those listed above in subsections (1), (2) and (3). The facilities shall be subject to inspection by the department. The maximum amount of rabbits allowed with an excess animal permit is twenty-five (25).

(f)

Any owner, caretaker, or other person who keeps any non-poisonous snake over three (3) feet and/or fifteen (15) pounds, in addition to complying with all federal and state laws, regulations, and permit regulations affecting such snake, shall:

(1)

Keep the snake at all times in a cage or enclosure of such size and construction and in a manner as to preclude the possibility of escape. Such enclosure shall be of such size as to permit the snake reasonable freedom of movement;

(2)

Keep the snake in such a manner so as not to threaten or annoy any person of normal sensitivity; and

(3)

Prevent unauthorized access to the snake through adequate safeguards.

(g)

Once a permit is granted, the permittee must obey all rules pertaining to pet ownership within the city and the state. Any valid violation under this chapter, including exceeding the number of animals allowed on the original permit is grounds for revocation of the permit by the department.

(h)

If a permit is revoked, the permittee will have thirty (30) days to come into compliance with existing numbers limits.

(i)

An owner who is denied a permit or whose permit is revoked has the right to appeal the denial or revocation by submitting written notice to the director within fifteen (15) working days of the denial or revocation. Upon the timely receipt of such written notice, the director or his designee shall schedule an animal permit hearing. The owner shall be notified of said hearing by certified mail, return receipt requested. If the hearing is not conducted with fifteen (15) working days of date the notice of appeal is received, the director shall issue the requested permit or reinstate the revoked permit. Failure of the owner of the animal to appear at the permit hearing shall result in a final denial or revocation with no further appeal. The owner may be represented by counsel.

(j)

The animal permit hearing officer shall determine whether, by a preponderance of the evidence, a permit should not be denied or revoked based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, department personnel, police or any other person possessing information pertinent to such determination. The owner may cross examine witnesses. A record of the hearing shall be kept. The animal permit hearing officer shall issue written factual findings and a determination as to whether the permit denial or revocation should be reversed within five (5) working days after the animal permit hearing. The owner shall be notified of the animal permit hearing officer's findings and determination by certified mail, return receipt requested.

(k)

If the animal permit hearing officer does not reverse the permit denial or revocation, the owner has the right to appeal the determination to municipal court by submitting written notice to the director within five (5) working days of receiving the animal permit hearing officer's determination. Failure to appeal within the time allotted shall result in the animal permit hearing officer's determination as final.

(l)

A municipal court judge shall sit as the administrative appeal hearing officer. The administrative appeal hearing officer shall apply a pure substantial evidence review of the animal permit determination. The administrative appeal hearing officer shall consider only the factual record made at the animal permit hearing and decide if the determination of the animal permit hearing officer is reasonably supported by substantial evidence. In addition, the administrative appeal hearing officer is permitted to consider whether the animal permit hearing satisfied the requirements of due process. The administrative appeal hearing officer shall prepare a written memorandum of findings and declare the animal permit hearing officer's determination either affirmed or reversed.

(m)

The result of the administrative appeal hearing is final.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-110. - Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions.

(a)

Any operator of a circus, rodeo, animal exhibit, or entertainment show, or other persons desiring to bring any non-aquatic mammal into the city to use in a circus, rodeo, animal exhibit or animal show other than a dog show or a cat show, shall first submit a written request to the department for a permit and pay a permit application fee to cover the cost of inspecting the facility where the animal(s) will be kept during the event, which may be for any number of consecutive days. The permit application shall be submitted at least twenty (20) days prior to the event, and shall contain information as to the kind and number of animals involved, the reason for bringing the animal(s) to the city, and the name and address of the person or business that will keep, feed, and confine the animal(s) during their stay in the city.

(b)

No person shall operate a petting zoo or recreational animal ride (which include, but are not limited to, horses, ponies, donkeys, camels, elephants or cows) within the city without first obtaining a permit which shall be valid for one (1) year. An operator of a petting zoo or recreational animal ride shall first submit a written request to the department for a permit and pay a permit application fee to cover the cost of inspecting the facility where the animal(s) will be kept and shall contain information as to the kind and number of animals involved, and the name and address of the person or business that will keep, feed, and confine the animal(s). Animals used within the city for petting zoos or recreational animal rides must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature.

(c)

A permit shall not be required for any animal so long as it is owned by a governmentally owned and operated facility, publicly operated facility, a public zoological park, or bona fide medical institution or research institution.

(d)

A prohibited animal brought into the city for entertainment purposes which is not approved by the director or designee, upon the order of the director or his designee, will be immediately removed from the city. If not so removed expeditiously, an animal care officer shall seize such animal if he has reason to believe the animal is not being properly fed, housed, or cared for, or is not being safely and securely confined for public safety.

(e)

Animals used within the city for entertainment purposes such as rodeos and circuses must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature. A licensed veterinarian must be in attendance at all such functions. Once determined to be injured or ill by a licensed veterinarian, an animal may be returned to use only after certification as healthy by a licensed veterinarian.

(f)

Nothing in this section shall authorize the director to issue a permit to a person to sell, trade, barter, lease, rent, or give away any animal on any roadside, public right-of-way, commercial parking lot, or at any garage sale, flea market or festival.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-111. - Pet shop license.

No person shall operate any pet shop as defined in this chapter, without first obtaining a license from the director who shall take into consideration the type of building construction, the regulatory compliance history of the permittee as it relates to sanitation, health, welfare of the animals, birds or reptiles housed, and related zoning requirements. The director shall utilize a standardized checklist for inspecting and evaluating the qualifications of applicants.

(1)

Applications for an original or renewal pet shop license shall be submitted to the department and shall be approved or denied by the director. The department shall investigate the applicant's qualifications for a license, and report its findings to the director. A conviction for the violation of any provision of this chapter may constitute cause for denial or revocation of a license.

(2)

Failure to intentionally, knowingly, or recklessly apply for a license prior to the opening of such a commercial animal facility, or within thirty (30) days after the renewal date, shall constitute a misdemeanor offense.

(3)

Each pet shop license shall be valid for one (1) year.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-112. - Grooming shop license.

(a)

No person shall operate any grooming shop, as defined in this chapter, without first obtaining a license from the director who shall take into consideration the type of building construction, the regulatory compliance history of the permittee as it relates to sanitation, health, welfare of the animals, and related zoning requirements. The director shall utilize a standardized checklist for inspecting and evaluating the qualifications of applicants.

(1)

Applications for an original or renewal grooming shop license shall be submitted to the department and shall be approved or denied by the director. The department shall investigate the applicant's qualifications for a license, and report its findings to the director. A conviction for the violation of any provision of this chapter may constitute cause for denial or revocation.

(2)

Failure to intentionally, knowingly, or recklessly apply for a license prior to the opening of such a commercial animal facility, or within thirty (30) days after the renewal date, shall constitute a misdemeanor offense.

(3)

Each grooming shop license shall be valid for one (1) year.

(b)

A permit holder has the right to request that any dog or cat accepted for grooming be vaccinated against common diseases, and require proof of such vaccinations be furnished to the shop operator.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-113. - Commercial boarding kennels license.

No person shall operate a commercial boarding kennel without first obtaining a license from the director which shall be valid for one (1) year. Such license shall be issued after inspection and approval of the facilities, taking into consideration the type of construction as it relates to sanitation, the health and welfare of the dogs and cats, and related zoning regulations.

(1)

Application for licenses under this section shall be made to the director on the form furnished by the department and approved by the director. The director or designee shall conduct the investigation necessary to determine the applicant's qualifications for a license.

(2)

Failure to apply for a license prior to the opening of a commercial boarding kennel, or within thirty (30) days after the renewal date is a misdemeanor offense.

(3)

The director or his designee, after an administrative hearing, shall make a determination of whether the commercial boarding kennel conditions and the applicant's animal care practices meet the standards of this chapter, whether the facilities are adequate, and whether the applicant is otherwise willing and capable of complying with city ordinances. If the application is for renewal of an existing license, and the applicant has not complied with the rules and regulations established in this chapter, said director shall issue a "Letter of Denial of Renewal and Order of Termination of Operations" of the subject commercial boarding kennel upon the expiration of the current license period. Any unlicensed commercial boarding kennel is hereby declared a public nuisance, and shall be summarily abated by seizure and impoundment of all cats and dogs exceeding the legal number that may be kept by a resident.

(4)

Each commercial boarding kennel license application submitted to the department shall be accompanied by an application fee. However, the Animal Defense League and the Humane Society of Bexar County shall not be required to pay said fee, nor shall any corporation with Internal Revenue Service Code Section 501(c)(3) status as a non-profit organization established for the purpose of protecting and caring for stray and unwanted animals.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-114. - Livestock permits.

(a)

It shall be unlawful for any person to keep livestock in the city without first applying in writing and obtaining a permit from the director, such permit to be valid only for the location for which it was issued.

(b)

A person who keeps livestock as defined in this chapter shall pay a permit fee per year for each animal.

(c)

All fees payable under this chapter, for whatever purpose required, shall be paid to the city.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-115. - Cat colony permit and registration.

(a)

Each cat colony will be registered by the caretakers with the department or its designee which will serve as a clearinghouse for information on current caretakers, education for new caretakers, and assistance for persons found in violation of this section. Cat colonies with eight (8) or fewer cats are not required to be registered as a cat colony.

(b)

Any feral cat picked up by the department which has an appropriate ear tip will be returned to that colony unless veterinary care is required or the criteria listed in subsection (d) apply.

(c)

Caretakers of feral cat colonies shall obtain a cat colony permit which shall be valid for one (1) year, and implement proper management and sterilization practices as required by the department. Any person or caretaker determined to be in violation of proper management and sterilization practices required by the department shall be issued a written warning and be allowed a period of time to come into compliance, or provide satisfactory evidence of working to achieve compliance. That period of time shall not exceed ninety (90) days from issuance of the initial warning notice. Failure to comply shall result in a violation of this chapter, which may result in the issuance of a citation.

(d)

The department has the right to immediately seize and remove all, or parts of any colony for the following reasons:

(1)

Public health and public safety concerns including rabies, other epizootic and certain zoonoses identified by the department of health; or

(2)

Animals creating a public nuisance as defined in section 5-150

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-116. - Revocation.

All permits issued under this chapter may be revoked by the director, or his authorized representative, for violation by the holder thereof of any of the provisions of this chapter. Revocation of the permit is accomplished by mailing to the holder of such permit a written notice by certified mail stating his permit is revoked. Revocation of the permit may also be accomplished by personally delivering to the holder thereof a written notice stating his permit is revoked.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Secs. 5-117—5-124. - Reserved.