WHEREAS, the Commissioners’ Court of Wilson County is authorized by Chapter 822 of the Texas

Health & Safety Code to enact a local ordinance to regulate the registration and restraint of animals; and

WHEREAS, the Commissioners’ Court of Wilson County is authorized by Chapter 826 of the Texas

Health & Safety Code to enact a local ordinance to require rabies vaccinations and other measures as a

means to prevent the dangerous spread of rabies; and

WHEREAS, it is the intent of the Commissioners’ Court to enact this animal control ordinance in an

effort to protect the public health and safety of Wilson County residents and encourage the humane treatment

of animals;

2005.

Texas, acting in its capacity as the governing body of Wilson County, Texas as authorized by Chapters 822

and 826 of the Texas Health & Safety Code.

Section 1.2. Intent. It is the intent of the Commissioners’ Court of Wilson County, Texas to enact this

ordinance in order to protect the public health and safety of the citizens of Wilson County and the

Commissioner’s Court hereby declares that this ordinance is necessary for the immediate preservation of the

public peace, health and safety. This ordinance is further intended to encourage the humane treatment of

animals and prevent cruelty to animals.

Section 1.3. Strict Liability. Unless otherwise indicated, any person who violates a section of this

ordinance shall be strictly liable for such violation and shall be subject to the penalties herein established.

Section 1.4. Municipal Ordinances to Supersede. This ordinance shall not prevent a corporate

municipality within the county from establishing any rules and regulations to control animals within its

corporate limits. Any such ordinance established by said corporate municipalities shall supersede this

ordinance thereby preventing dual enforcement. In such cases, this ordinance will not be enforced within the

As used in this ordinance, the following words and phrases shall have the following meanings:

Section 2.1. Animal Control Officer. Any person(s) designated by the Wilson County Sheriff or his

designee to perform the duties outlined in this ordinance.

Section 2.2. Animal Owner. Any person who owns, keeps, or has custody or control of an animal.

Section 2.3. Bite. Any puncturing, tearing, or scratching of the skin caused by an animal’s teeth.

Section 2.4. Cat. Felis Catus.

Section 2.5. Dangerous Dog. A dog is dangerous if it:

a) makes an unprovoked attack on a person causing bodily injury and the attack occurs in a place

other that an enclosure in which the dog is being kept; or

b) commits unprovoked acts in a place other than an enclosure in which the dog is being kept and

those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to

that person.

Section 2.6. Dog. Canis Familiaris.

Section 2.7. Domestic Animal. Any animal that is owned, kept, or controlled by a person.

Section 2.8. Holiday. Those days designated as official holidays by the Wilson County Commissioners’

Court.

Section 2.9. Inhumane Treatment. Any treatment of an animal which deprives the animal of necessary

sustenance, including necessary food, clean water and adequate shelter for protection from weather, or any

treatment which constitutes torment, physical abuse, mutilation, or lack of proper veterinary care.

Section 2.10. 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 not be

limited to, any animal that:

a) repeatedly is at large or stray;

b) damages the property of anyone other than its owner;

c) molests or intimidates pedestrians or passersby;

d) chases vehicles or bicycles;

e) 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;

f) attacks other domestic animals;

Section 2.11. Restraint. An animal shall be deemed to be under restraint if it is:

a) tied in such a way as to prevent it from leaving the owner’s premises and from being within ten

(10) feet of any public right-of-way;

b) totally enclosed in a fence constructed in such a way as to prevent it from leaving the owner’s

premises. The use of a wireless fence which transmits either a high frequency sound or a pulse

stimulus shock and that is intended to train the dog to stay on the premises will not be considered

a means of restraint; or

c) accompanied by a responsible person who is able to control it with a leash.

Section 2.12. Running At Large. Not completely confined by a building, wall, or fence of sufficient

strength or construction to restrain the animal except when a dog subject to these regulations is under the

direct supervision of the owner and is:

a) on a leash;

b) held in the hands/arms of the owner or within the limits of the owner’s private property and is

obedient to that owner’s verbal commands;

c) within an automobile or vehicle of its owners and properly restrained; or

d) participating in a field trial, dog show, or obedience classes.

Section 2.13. Secure Enclosure. A fenced area or structure that is:

a) locked;

b) capable of preventing the entry of the general public including children;

c) capable of preventing the escape or release of a dangerous dog;

d) clearly marked as containing a dangerous dog; and

e) conforms to the requirements for enclosures established by the Animal Control Authority.

Section 2.14. Serious Bodily Injury. An injury characterized by severe bite wounds or severe ripping and

tearing of muscle or tissue that would cause a reasonably prudent person to seek treatment from a medical

professional and would require hospitalization without regard to whether the person actually sought medical

treatment.

Section 2.15. Stray. Any animal subject to these regulations that is roaming without physical restraint and

whose ownership is not readily ascertainable shall be deemed a stray and a nuisance. Absence of a current

rabies tab and/or a tag identifying the owner on any animal subject to these regulations is evidence of its

status as a stray.

Section 2.16. Vaccinated. An animal which has been currently and properly injected with a rabies vaccine,

licensed for use in that species by the United States Department of Agriculture and administered by a

veterinarian licensed by the State of Texas.

Section 2.17. Wild Animal. All species of animals that naturally exist in an unconfined state and are

usually not domesticated shall be deemed wild. This definition, which creates a rebuttable presumption,

shall apply whether or not the wild animal has been confined for any duration in any fashion.

Texas, hereby designates the Wilson County Sheriff as the local animal control authority and creates the

position of Animal Control Officer within the Sheriff’s Department to assist with the following:

a) formulation of rules and procedures to be approved by Commissioners’ Court for the enforcement

of this ordinance;

b) supervising the implementation, administration and enforcement of this ordinance.

Section 3.2. Duties of Animal Control Officer. The Animal Control Officer or his authorized designee

will be responsible for, but not limited to, the following duties as set forth in this ordinance and to carry out

provisions of the State laws pertaining to control and eradication of rabies.

a) Animal bites - receive and investigate reports of animal bites within Wilson County in a timely

manner. Bites occurring within municipalities having animal control ordinances will be referred

to the proper municipal authority.

b) Quarantine - perform immediate and proper quarantine procedures for animals suspected of

having rabies. Animals may be placed in approved animal shelters, approved veterinary hospitals

or owners’ approved premises.

c) Destruction - perform immediate, if warranted, proper and humane destruction of certain animals

described in this ordinance.

d) Citations - Issuance of citations for various violations and offenses set forth.

e) Records - Provide necessary data and reports on a periodic basis as required by the

Commissioners’ Court.

Section 3.3. Interference with the Animal Control Officer and Penalty. It shall be unlawful for any

person to intentionally or knowingly, by act or omission, physically interfere with, molest, hinder, or prevent

the Animal Control Officer from the official discharge of the duties herein prescribed. Any person who

violates a provision of Section 3 shall be guilty of a Class C misdemeanor.

Rabies Tags on the animal for identification purposes.

over the age of three (3) months unless such dog or cat has a current rabies vaccination. A rabies vaccination

is required annually. Any person moving into the county shall comply with this section within ten (10) days

after having moved into the county.

Section 5.2. Certificate of Vaccination. Upon vaccination, the veterinarian shall execute and furnish to

the owner of the dog or cat a certificate using a form furnished by the veterinarian. The veterinarian shall

retain a duplicate copy. Such certificate shall contain the following information.

a) the name, address and telephone number of the owner of the vaccinated dog or cat;

b) the date of vaccination;

c) the type of rabies vaccine used;

d) the year and number of rabies tag; and

e) the breed, age, color, and sex of the vaccinated dog or cat.

Section 5.3. Rabies Tag. Concurrent with the issuance and delivery of the certificate of vaccination, the

veterinarian shall furnish to the owner of the vaccinated dog or cat a metal tag. The owner of the dog or cat

shall attach the metal tag to the collar or harness of the vaccinated dog or cat, serial numbered to correspond

with the vaccination certificate number, and bearing the year of issuance and the name of the issuing

veterinarian and his/her address. The owner shall have the collar or harness, with the metal tag attached, on

his/her dog or cat at all times. Any other methodology approved and accepted the by Texas Department of

Health for identification purposes will be considered by the Animal Control Officer.

Section 5.4. Duplicate Tags. In the event of loss or destruction of the original tag provided in Section 5.3,

the owner of the animal shall obtain a duplicate tag. Vaccination certificates and tags shall be valid only for

the animal for which it was originally issued. Duplicate tags may be purchased from any practicing

veterinarian in Wilson County.

Section 5.5. Proof. It shall be unlawful for any person who owns a vaccinated dog or cat to fail or refuse

to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement

of this order.

Section 5.6. Unvaccinated Animal. It shall be unlawful for any person to own, keep or harbor a dog or cat

which has not been vaccinated against rabies, as provided herein, which cannot be identified as having a

current vaccination certificate.

a) Any person who has reason to believe that any animal, whether or not currently vaccinated, has

been exposed to rabies must immediately report the incident to the Animal Control Authority.

b) Any such animal shall be impounded and placed in isolation in a facility approved by the Animal

Control Authority, for such time as is necessary, depending upon all relevant circumstances, for a

licensed veterinarian to determine that the animal has not contracted rabies.

c) If the owner of the animal cannot provide an approved isolation facility or does not agree to pay

for the facility, the animal shall be humanely destroyed at the owner’s expense.

d) If the animal’s owner cannot be identified or located within seventy-two (72) hours from the time

of impoundment, not counting weekends and holidays, the animal shall be humanely destroyed.

e) In addition to any impound fees, any costs directly associated with the examination, treatment,

and/or vaccination of the animal shall be due prior to release of the animal.

a) Any person who violates a provision of Section 5 shall be guilty of a Class C misdemeanor.

b) It is a defense to prosecution under this section that the person charged produces proof of

vaccination that was valid at the time the offense is alleged to have occurred.

animal shall report the incident to the Animal Control Officer as soon as possible.

Section 6.2. Quarantine Required. The owner, if any, of the biting animal shall place the animal in

quarantine as prescribed in Section 7 under the supervision of the Animal Control Officer.

Section 6.3. Investigation. The Animal Control Officer shall investigate each bite incident reported.

a) When an Animal Control Officer has probable cause to believe that the owner of an animal that

has bitten a human has been identified, the owner, if any, will be required to produce the animal

for ten (10) days confinement at the owner’s expense.

b) Refusal to produce said animal constitutes a violation of this section.

c) The ten (10) day observation period begins on the day the animal is produced for quarantine.

d) The animal must be placed in an animal control facility or a veterinary hospital approved for that

purpose by the Texas Department of Health or on the owners property in an approved manner.

Section 7.2. Owner Refuses Quarantine. If the biting animal cannot be maintained in a secure quarantine

or if the owner chooses not to pay for the quarantine, the animal shall be humanely destroyed, and the brain

shall be submitted to a Texas Department of Health (TDH) certified laboratory for rabies diagnosis, at the

owner’s expense.

Section 7.3. Wild Animals. No wild animals will be placed in quarantine. All wild animals involved in

biting incidents shall be humanely killed in such a manner that the brain is not mutilated and the brain shall

be submitted to a TDH-certified laboratory for rabies diagnosis.

a) Any person who violates a provision of Section 7 shall be guilty of a Class C misdemeanor.

b) If it is shown on trial that a person has been previously convicted under this section, no portion of

a fine imposed for subsequent violations may be deferred, suspended or probated.

c) Each day an animal is not produced for quarantine shall constitute a separate offense.

a) When the owner of a dog running at large is determined and the owner can be located, the animal

shall be returned to its owner and the owner shall be cited for violation of this order.

b) If ownership is in question or if the animal is stray, the animal shall be impounded for seventytwo

(72) hours, not counting weekends and holidays.

c) An owner may claim the dog within this time period after paying all incurred costs and

impoundment fees.

d) Upon failure of the owner to claim the dog during that period, the Animal Control Officer may

order the animal destroyed without compensation to the owner.

a) When practical, the Animal Control Officer shall impound any animal subject to these

regulations that is found to be a stray.

b) The animal may be impounded for seventy-two (72) hours, not counting weekends and holidays.

c) Subject to citation for violation of this order, an owner may claim the animal within this time

period after paying all incurred costs and impoundment fees.

d) Upon failure of the owner to claim the animal during that period, the Animal Control Officer may

order the animal destroyed without compensation to the owner.

a) Any inhumane treatment of any type of animal shall be deemed a nuisance.

b) It shall be unlawful for a person to intentionally, knowingly, recklessly or with criminal

negligence, by act or omission, treat an animal inhumanely.

a) It shall be a public nuisance and unlawful for an owner to intentionally, knowingly or recklessly

keep, possess, or control any animal subject to these regulations in a manner that causes the

animal to:

1) Excessively make disturbing noises, including, but not limited to continued and

repeated howling, barking, whining or other utterances causing unreasonable

annoyance, disturbance, or discomfort to neighbors or others in close proximity

to the premises where the animal is kept or harbored.

2) Causes fouling of the air by odor and thereby creates unreasonable annoyance or

discomfort to neighbors or others in close proximity to the premises where the

animal is kept or harbored.

3) Causes unsanitary conditions in enclosures or surroundings in which the animal

is kept or harbored.

b) The animal may be impounded for seventy-two (72) hours, not counting weekends and holidays.

c) Subject to citation for violation of this order and approval by the Animal Control Officer of a

plan to eliminate the nuisance, an owner may claim the animal within this time period after

paying all incurred costs and impoundment fees.

d) Upon failure of the owner to contact the Animal Control Authority during that period, the Animal

Control Officer may order the animal destroyed without compensation to the owner.

e) Upon contact with the Animal Control Authority, reasonable arrangements may be made to

continue to impound the animal, at the owner’s expense, while a plan to eliminate the nuisance is

devised.

Section 8.5. Penalty for Violation. Any person who violates a provision of Section 8 shall be guilty of a

Class C misdemeanor.

a) Register the dangerous dog with the Wilson County Animal Control for the area in which the dog

is kept.

b) Pay an annual fee of $100.00 to the Animal Control Officer.

c) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a

secure enclosure which has been approved by the Animal Control Officer.

d) Post a sign on his/her premises warning that there is a dangerous dog on the property. This sign

shall be visible and be capable of being read from a public street or highway.

e) Spay or neuter the dangerous dog.

f) Obtain and maintain necessary insurance or show financial responsibility in the amount of at least

$100,000 to cover damages to persons and property resulting from a dog attack.

a) Only one dangerous dog may be owned per household.

b) No more than two dangerous dogs may remain at any residence for more than seven days.

a) Animal Control may find and declare a dog to be dangerous or potentially dangerous if Animal

Control has probable cause to believe that a dog committed any acts described in the definition of

Dangerous Dog (Section 2.5) or that the dog repeatedly bit or vigorously shook its victim and the

victim, or a person intervening, had difficulty terminating the attack; or

b) Upon receipt of an affidavit of complaint signed by one or more individuals, made under oath

before an individual authorized by law to take sworn statements or made at the Animal Control

Office, setting forth the nature and the date of the act, the location of the event, the name of the

owner of the dog, the address of the owner, and the description of the dog doing such act, Animal

Control shall investigate the complaint and determine if a dog is dangerous.

a) Within five (5) working days of declaring any dog dangerous or potentially dangerous, Animal

Control will notify, by regular mail and by certified mail, return-receipt requested, the owner of

the dog(s) designated as a dangerous dog. Animal Control shall also post a written notice at the

entrance of the premises where the dog is harbored.

b) Receipt of said notice shall be presumed upon proof of either of the following occurrences:

1) Return of an executed return-receipt;

2) Affidavit by Animal Control of deposit of correctly addressed notice into United

States mail; or

3) Affidavit by Animal Control of posting of the notice at the premises where the

dog was harbored.

c) An owner may appeal this declaration to a justice court of competent jurisdiction. If the dog is

declared to be dangerous, the notice shall inform the owner of the dog that a determination

hearing may be requested to contest the declaration. The request for a determination hearing

must be in writing and must be received by the appropriate Justice of the Peace no later than ten

(10) working days from receipt of notice by the owner of the dog. Failure to appeal the

declaration within ten (10) working days shall result in Animal control’s decision becoming final.

Further appeals may be pursued in the same manner as appeals in civil cases.

a) Upon written request for a determination hearing by the owner of a dog declared dangerous, the

dog in question will be subject to any behavior assessment test or any other means available to

Animal Control. The results of any tests will be presented at the determination hearing and be

taken into consideration for the final determination. The owner shall be responsible for any costs

incurred for the test or tests to be conducted and fees of the animal behaviorist to analyze the

video test or test.

b) The owner shall be notified of the hearing by placing the notice in the United States mail,

certified, return receipt requested addressed to the owner. Failure of the owner of the dog to

appear at the determination hearing shall result in the Animal Control’s declaration becoming

final. Pending the outcome of the determination hearing, the dog must be securely confined in a

humane manner at a licensed veterinarian facility or in an animal shelter. The costs of securing

the dog pending the determination hearing shall be borne by the owner.

c) The judge of a court of competent jurisdiction shall determine by a preponderance of the evidence

whether to declare the dog a dangerous dog under this section based upon evidence, affidavits,

and testimony presented at the time of the hearing.

d) The court shall determine by a preponderance of the evidence whether the declaration that the dog

is dangerous is proper based upon the evidence, affidavits, and testimony presented at the hearing.

Section 9.6. Defense to Declaration of Dangerous Dog. It is a defense to the determination of any dog as

dangerous and to the prosecution of the owner of the dog:

a) If the threat, injury or damage was sustained by a person who at the time was committing a

willful trespass or other tort upon the premises occupied by the owner of the dog;

b) If the person was teasing, tormenting, abusing, or assaulting the dog;

c) If the person was committing or attempting to commit a crime;

d) If the dog was protecting or defending a person within the immediate vicinity of the dog from an

unjustified attack or assault; or

e) If the dog was injured and responding to pain.

Section 9.7. Exemptions. It is a defense to prosecution that a person is:

a) A veterinarian, a peace officer, a person employed by a recognized animal shelter or a person

employed by the state or a political subdivision of the State to deal with stray animals and has

temporary ownership, custody, or control of the dog in connection with that position;

b) An employee of the institutional division of the Texas Department of Criminal Justice or a law

enforcement agency and trains or uses dogs for law enforcement or corrections purposes; or

c) A dog trainer or an employee of a guard dog company under the Private Investigators and Private

Security Agencies, Tex. Rev. Civ. Stat. Art. 4412 (29BB).

a) Until the owner of a dog determined to be dangerous has met the requirements placed on that

owner by Section 822.042, Texas Health & Safety Code and this order, the Animal Control

Officer or his designee shall confiscate the dog whether it be found on public or private property.

b) The Animal Control Officer shall have no authority to confiscate any dog unless he has first

delivered to the owner of the dog, a written notice of the determination that the dog is a dangerous

dog. The notice may be delivered either in person or by certified mail, return receipt requested,

directed to the last known mailing address of the owner.

c) The Animal Control Officer shall be required to obtain a search and seizure warrant only if the

dangerous dog is located within a residence.

d) If an attempt is made by the Animal Control Officer to impound a dangerous dog and the

impoundment cannot be made safely, the owner shall be notified and given twenty-four (24)

hours to surrender the dog to the Animal Control Officer. The notice shall include a warning that

failure to surrender the dog may result in destruction of the dog if it cannot be safely impounded

on any subsequent attempt;

e) The dog thus confiscated shall be ordered sheltered by the Animal Control Officer for a period of

seventy-two (72) hours, not counting weekends and holidays, to allow the owner to claim the dog

upon satisfaction of the provisions of Section 822.042 and 826.00 of the Texas Health & Safety

code and this ordinance. Upon failure of the owner to reclaim the dog during that period, the

Animal Control Officer may humanely destroy the dog without compensation to the owner.

f) In addition to the fees required for registration of the dog, the owner must prior to the animal’s

dog’s release, satisfy all above-referenced provisions.

a) Any person who violates a provision of Section 9 shall be guilty of a Class C misdemeanor.

b) If it is shown on trial that a person has been previously convicted under this Section, no portion of

a fine imposed for subsequent violations may be deferred, suspended or probated.

c) Each day that a person owns a dangerous dog in violation of this section shall constitute a

separate offense.

d) If a person is found guilty of an offense under this section and the offending dog caused death or

serious bodily injury, the Court may order the dangerous dog destroyed by Animal Control in a

humane manner.

e) In addition to criminal prosecution, a person who commits an offense under this section is liable

for a civil penalty not to exceed $10,000. The Wilson County Attorney or Special Counsel to the

Wilson County Commissioners’ Court under the direction of the Wilson County Criminal District

Attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties

collected under this subsection shall be retained by the county to be used to defray the cost of

administering this ordinance.

Section 11.1. Animal Facilities. The Wilson County Commissioners’ Court may enter into contracts or

agreements with public, private entities or animal shelters to provide for the impoundment of animals under

this ordinance or to carry out activities required or authorized by this ordinance. Any animal adopted from

an animal facility that has entered into a contract with Wilson County shall require that all animals adopted

be spayed or neutered within forty-five (45) days of the adoption.

Section 11.2. Impoundment Fees. An owner of an animal that has been impounded under any section of

this ordinance shall pay all applicable impoundment fees, as established by the animal facility and approved

by the Animal Control Officer, before retrieving the animal.

Section 11.3. Severance Clause. If any section, sentence, or clause of this ordinance is for any reason held

to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 11.5. Effective Date. This ordinance shall become effective upon passage by a majority vote of the

Wilson County Commissioners’ Court.

PASSED AND APPROVED THIS 10th day of January, 2005

Wilson County Commissioner's Court.