ANIMAL CONTROL ORDINANCE



STATE OF TEXAS


COUNTY OF LLANO


IT IS THE DECISION OF THE LLANO COUNTY
COMMISSIONERS' COURT TO ENACT AN ORDINANCE
DESIGNED TO PROTECT PUBLIC HEALTH AND SAFETY;
PROHIBITION OF ANIMALS RUNNING AT LARGE; REDUCTION
OF STRAY ANIMALS; SET FORTH PENALTIES FOR VIOLATION
OF PROVISIONS IN ACCORDANCE WITH AND PURSUANT TO
TEXAS HEALTH AND SAFETY CODE CHAPTER 826, RABIES,
TITLE 10 OTHERWISE CITED AS THE RABIES CONTROL ACT
OF 1981.

Therefore, be it ordered by the Commissioners' Court of Llano County, Texas, 
that the following provisions set forth in this document be adopted on the 
effective date of this ordinance.

SECTION 1. DEFINITIONS

1.1   ANIMAL - A warm-blooded animal.

1.2   ANIMAL-AT-LARGE - Any animal not under the restraint of a person
                        capable of controlling the animal off the premises
                        of the owner.

1.3   BOARD - Texas Board of Health

1.4   CAT - Any live Felis catus.

1.5   CURRENTLY VACCINATED - An animal inoculated against rabies with an 
                             approved vaccine and satisfying the following
                             criteria:


                               a. The animal must be vaccinated before it
                                  reaches four months of age.

                               b. Not more than twelve months have
                                  elapsed since the most recent vaccination.


                                       
1.6   DOG- Any live Canis Familiars.

1.7   OWNER/CUSTODIAN - Any person who feeds, shelters, harbors, or has
                        possession or control, or has the responsibility
                        to control an animal.

1.8  PUBLIC NUISANCE - Any animal or animals that unreasonably annoy humans, 
                       endanger the life or health of other animals
                       or persons, or substantially interfere with the
                       rights of citizens, other than their owners, to
                       the enjoyment of life or property. The term public
                       nuisance shall mean and include, but is not
                       limited to, any animal that:

                       a. Repeatedly is at large or stray.

                       b. Damages the property of anyone other than its
                          owner and not on the owners property.

                       c. Repeatedly molests or intimidates pedestrians or 
                          passersby and is at large.

                       d. Repeatedly chases vehicles or bicycles.

                       e. Commits unprovoked acts in a place other than an
                          enclosure in which the dog was being kept and that
                          was reasonably certain to prevent the dog from
                          leaving the enclosure on its own and those acts
                          cause a person to reasonably believe that the dog
                          will attack and cause bodily injury to that person.

                       f. Excessively and repeatedly makes unprovoked
                          disturbing noises including, but not limited to,
                          continuous and repeated howling, barking, whining
                          or other utterances causing unreasonable annoyance,
                          disturbance or discomfort to the neighbors or
                          others in close proximity to the premises where
                          the animal is kept or harbored.


1.9	REPEATEDLY - Said, done, or occurring again and again.
                     More than once.

1.10	STRAY-Means roaming with no physical restraint beyond
              the premises of an animal's owner or keeper.



 SECTION 2. TEXAS HEALTH AND SAFETY CODE.

 RABIES CONTITOL ACT OF 1981.

 SUBCHAPTER C. RABIES VACCINATIONS

 


2.1    COUNTIES MAY ADOPT ORDINANCES AND RULES, 826.014

       The Commissioners Court of Llano County hereby adopts these ordinances
       that establish a local rabies control program in the County and set
       local standards that are compatible with and equal to or more
       stringent than the program established by TEXAS HEALTH AND SAFETY CODE
       Chapter 826 and the rules adopted by the TEXAS BOARD OF HEALTH.

       Further, the Commissioners Court of Llano County hereby adopts TEXAS
       HEALTH AND SAFETY CODE Chapter 826, Subchapter C., E. and F. as the
       rabies, reporting, quarantine and inpoundment ordinances for Llano
       County, Texas.

2.2	VACCINATION OF DOGS AND CATS REQUIRED

        a. The owner of a dog or cat shall have the animal vaccinated
           against rabies by the time the animal is four (4) months of
           age and at regular intervals thereafter.  Not more than 
           twelve months may elapse since the most recent vaccination.

        b. A veterinarian who vaccinates a dog or cat against rabies
           shall issue to the animal's owner a vaccination certificate
           in a form that meets the minimum standards approved by 
           the board.

2.3	VACCINATION; CRIMINAL PENALTY

        a. A person commits an offense if the person fails or refuses
           to have each dog or cat owned by the person vaccinated against
           rabies and the arumal is required to be vaccinated under 
           these rules adopted.

        b. An offense under this section is a Class C misdemeanor.
 
        c. If on the trial of an offense wider this section the court finds
           that the person has been previously convicted of an offense
           under this section, the offense is a Class B misdemeanor.

 
SECTION 3. RESTRAINT OF DOGS AND CATS
 
SUBCHAPTER D. SECTION 826.033

3.1	RESTRAINT OF DOGS AND CATS;CRIMINAL PENALTY

        a. The Llano County Commissioners Court does hereby adopt under
           TEXAS HEALTH AND SAFETY CODE Section 826.014 to require that any
           animal as defined under 1.8 above is to be considered a public
           nuisance.  The Sheriff's Department or local peace officer 
           may receive a complaint from any responsible person concening
           such animal in violation of 1.8 above.  The complainant must
           file a written sworn statement and complaint attesting to 
           the facts.

        b. A complainant shall appear before the Justice of the Peace to
           complete a sworn statement and complaint for a public nuisance.
           The statement must include the following information as applicable:

           (1)Name, address, telephone number and date of birth of complainant.

           (2)Date, time and location of the incident.

           (3)Description of the animal.

           (4)Name, address and telephone number of the animal's owner if known.

           (5)Pictures, videos, or other evidence.

           (6)Other facts or circumstances of the incident required as
           defined under 1.7 and 1.8 herein.

        c. A Copy of the sworn statement and complaint will be, 
           forwarded to the Sheriff's Department or local peace offficer
           for investigation. The Sheriffs Department or local peace
           officer may file a Class C misdemeanor charge.


SECTION 4. SEVERABILITY CLAUSE

4.1	If any provision of this ordinance shall be held invalid or 
        unconstitutional, it is hereby provided that all other
        parts of the ordinance which are not held invalid or
        unconstitutional shall remain in full force and effect.


SECTION 5. EFFECTIVE DATE


5.1    PASSED and APPROVED this 9th  day of April, 2001.
                    





J. P. Dodgen
Llano County Judge






        Bill Kinney
        Llano County Commissioner, Pct. 1			

        Keith Faulkner
        Llano County Commissioner, Pct. 2

        Duane Stueven
        Llano County Commissioner, Pct. 3

        Leon Tucker
        Llano County Commissioner, Pct. 4