The City of Levelland will begin enforcing the new Animal Control Ordinance that was recently passed in September 2022, starting this month.
With the passing of Animal control officers Crystal Goforth and Jon Corder, shortly after passing the new ordinance, enforcing the ordinance was put on hold.
This story will detail the ordinance that can be found on the City of Levelland website.
The ordinance defines animals “at large” as any dog not within a secure enclosure. This does not consider any dog not under the physical control and restraint; or if in a location outside of a secure enclosure, but not in the vicinity of other persons or animals, is not demonstrably obedient to the owner’s commands.
Dogs will be considered all domesticated animals, both male and female, that are members of the canine family.
An owner is defined as any person who either owns any dog or who, regardless of any claim or denial of ownership, keeps, harbors, provides food or water to any dog, or who permits a dog to remain on or about any premises owned, occupied, or controlled by that person.
A secured enclosure is considered a fenced area or structure that is constructed and maintained in a manner so that the dog cannot escape; is constructed and maintained so that it is capable of preventing the entry of the general public, including children; is of sufficient size to accommodate the dog, considering the size and number of dogs enclosed; has sufficient covering to provide protection from excessive sunlight and precipitation; and if the dog has been determined to be a dangerous dog in accordance with Chapter 822, Texas Health and Safety Code is: locked; and clearly marked as containing a dangerous dog.
Dogs that are considered “running at large” are dogs with no person, including but not limited to an owner, shall suffer or permit their dog to be at large.
All dogs shall be maintained in a secure enclosure. The fact that a dog is found at large shall be prima facia proof that the enclosure provided by the owner is not secure and is a violation of this article.
It shall be unlawful to restrain any dog, whether or not within a secure enclosure, by means of any chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object. It shall not be a violation of this section if the dog is unattended and is outside of a secure enclosure, and is restrained to a running line, pulley or trolley system; and the restraint does not unreasonably limit the dog’s movement; the duration of the restraint does not exceed 8 hours; the restraint does not occur during extreme weather conditions, including heat, cold, or precipitation if adequate shelter easily accessible to the dog is not provided; and the dog, at the full extension of the restraint cannot be within ten feet of any sidewalks or the boundary of the owner’s property. The fact that a dog outside of a secure enclosure, is restrained as provided in subsection above shall not be a defense in the event of any lawsuit arising from any injury to any person caused by the dog.
Care and humane treatment shall be unlawful to maintain any dog either within or outside of a secure enclosure: without providing sufficient water and food; and without regularly cleaning the enclosure or the area in which the dog can move to prevent the accumulation of waste, feces, and anything else that could result in a public nuisance or otherwise constitute a condition constituting a health and safety concern.
The animal control officer or his authorized deputies shall have the right at any reasonable time to inspect any dog that is not within a secure enclosure to determine if the dog has any traceable identification and is vaccinated as required by this article.
The animal control officer or his authorized deputies shall have the right to inspect any dog that is within a secured enclosure to determine if the dog has any traceable identification and is vaccinated and is being maintained in accordance with this article either: after obtaining consent from the owner or other person occupying the premises; or if consent is not given, upon obtaining an order from the municipal judge upon a showing that the animal control officer has reason to believe that one or more provisions of this article are being violated.
The animal control officer or his authorized deputies may inspect any dog that has been found to be a dangerous dog pursuant to Texas Health and Safety Code, Chapter 822, and may inspect any such dog’s secure enclosure, at any time.
All dogs four months or older shall be vaccinated for rabies annually, except that vaccines having an effective term longer than one year may be administered. Vaccinations may be administered by a licensed veterinarian or by the owner, provided that the owner maintains documentation showing that the dog is currently vaccinated. Upon request of the animal control officer, the owner shall produce this documentation. Dog owners are encouraged, but it is not required, that all dogs be vaccinated for distemper and parvo.
All dogs kept, harbored, or maintained within the city which are over the age of six months shall have some form of identification by means of an identification tag, rabies tag or microchip that can be readily used by the animal control officer to identify the current ownership of an animal.
Identification tags shall not be transferable from one dog to another, and it shall be unlawful for any person to transfer any identification tag from the dog for which it was issued to any other dog.
The city animal control officer is authorized to microchip or issue identification tags for dogs pursuant to this section and subject to any applicable fees outlined in Appendix A, Article 1.000.
The animal control officer, any of his deputies, or any police officer, shall have the authority to impound any dog found at large on any publicly or on any privately owned property not owned or occupied by the owner of the dog. Any person shall have the authority to impound any dog found at large on any publicly owned property or privately owned property owned or occupied by that person, provided that such person shall promptly notify the animal control officer.
Any dog with traceable identification impounded, if not redeemed, shall be disposed of at any time after seven days after the date of impounding. The animal control officer shall promptly notify the person to whom the dog is registered.
Any dog with traceable identification impounded, if not redeemed, shall be disposed of at any time after 48 hours after the date of impounding. If the animal control officer can ascertain who is the owner of the dog, he shall make a reasonable effort to inform such owner of the dog’s impoundment.
The owner of any dog with traceable identification impounded may redeem the dog prior to being disposed of by paying the redemption fee provided in Appendix A, Article 1.000 of this code and providing proof of vaccination.
The owner of any dog without traceable identification impounded may redeem the dog prior to its being disposed of by paying the redemption fee provided in Appendix A, Article 1.000 of this code, and by providing the dog with some form of acceptable traceable identification and vaccinated.
At any time after the expiration of time for redemption of any impounded dog the animal control officer is authorized, without further notice and without advertising in any manner, at the sole discretion of the animal control officer unless mandated by court order, to either: permit adoption of the dog as provided for in this article; turn the dog over to an approved animal shelter; or euthanize the dog in a manner permitted by Texas Health and Safety Code, chapter 821, subchapter C.
The animal control office shall keep accurate records showing the disposition of all dogs impounded, of all money collected, and such other records as are required by law or the city council.
Any violation of any provision of this article shall, upon conviction, be punished as class C misdemeanor. In addition, thereto, the city shall have the authority to seek civil relief, including temporary and permanent injunctive relief, for any violation. These remedies shall be cumulative.
Notwithstanding that a dog is on a leash or other restraint, it shall be unlawful for any person to possess or have control of any dog in or around any assemblage or gathering of people in excess of 50 people in any public park or other public place.
This section shall not apply to the following: any assemblage or gathering of people on private property owned by the person in possession of the dog or with the consent of the owner; dogs participating in any parade, dog show or other animal event featuring dogs for which a permit has been issued by the city; or any assistance animal or service animal that is specially trained or equipped to help a person with a disability and that is used by a person with a disability.
Unless a person has a multipet permit as provided for in this section, no person shall own or harbor more than four dogs and it is hereby declared that the keeping of more than four dogs (exclusive of puppy litters under the age of six months) per household is a public nuisance. No person shall own or harbor more than one litter of puppies.
Any persons desiring to keep more than four adult dogs or more than one litter of puppies at their residence may apply with the designated animal control officer or their designee for a multi-pet permit. The applicant shall pay an application fee at the time of filing as outlined in Appendix A, Article 1.000.
The chief of police shall designate the animal control officer responsible for receiving and approving multi-pet permits. The designated animal control officer or their designee shall inspect the premises of any applicant and the applicant shall provide the animal control officer with information concerning the maximum number of animals to be kept at any one time at such premises and other pertinent information as required by the director. If the applicant or anyone residing at the residence subject to a multi-pet permit application has been the subject of a nuisance complaint regarding the keeping or harboring of animals or been found in violation of this chapter two, within the preceding 24 months, the animal control officer may refuse to issue the permit.
A permit shall not be issued if it is found that the animals cannot be maintained without creating noise or odor nuisances otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment. Any person issued a permit consent to the city inspecting the premises annually or upon the city receiving a written complaint regarding the keeping of animals at the premises.
Such permit may be revoked by the animal control officer for cause, including, but not limited to, violations of the provisions of this chapter two or the inability of the permit holder to keep the animals without creating noise or odor nuisances, otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment.
All multi-pet permits issued under this section shall be valid for a period up to two years, unless the animal control officer revokes the permit. Regardless of initial application and permit approval date, each permit shall expire on March 31, of the second year following approval. When issued, the permit is nontransferable and shall remain valid only for the person submitting the application and the premises that is subject to the permit and only for the number and type of animals for which it was originally issued. The permit may not be sold or transferred, voluntarily or involuntarily, to any other person or entity. With 30 days prior to expiration of the multi-pet permit, persons desiring to have a permit under this section may apply to renew the multi-pet permit. The applicant shall pay a permit fee at the time of filing the renewal application.
Any person either denied a multi-pet permit, or who has had their permit revoked, may appeal such decision to the chief of police. Such appeal must be made in writing within 10 days of receiving written notice from the animal control officer of the permit denial or revocation. If no appeal request is made within the ten-day period, the denial or revocation of the permit becomes final. Upon receiving an appeal, the chief of police shall set a hearing for the appeal and shall make a final decision at such hearing based upon any evidence presented.
If an adopted animal dies on or before the sterilization completion date, the adopting person must provide written documentation to the animal control officer that the animal has died.
If an adopted animal is lost or stolen before the sterilization date, the adopting person must provide written documentation to the animal control officer stating that the animal is lost or stolen and a police report verifying the report of theft. The letter shall be delivered no later than the seventh day after the date of the animal’s disappearance and shall describe the circumstances surrounding the disappearance and the date of disappearance.
The animal control officer may reclaim an adopted animal if the animal control officer has not received confirmation of the sterilization as required.
Sterilization Fee. The city may require the payment of a sterilization fee as outlined in Appendix A, Article 1.000 that will be forwarded to the licensed veterinarian chosen by the adopting person who will perform the sterilization of the animal. In the event that the adoption or rehoming fee is insufficient to cover the cost of the sterilization, the adopting person shall be responsible for the remainder of such fee. The city may require the adopting person provide an invoice to the animal control officer detailing the cost associated with sterilization of the animal.