NEW ORDINANCE PERTAINING TO ROADSIDE SALE OF PETS

Sec. 14-6-27. Required.
No person shall operate a Transient Retail Business in the City without a license issued by the City. Each location shall constitute a separate business.
(Code 1960, § 13-34(a); Ord. No. 5651, § 1, 12-16-86)

Sec. 14-6-28. Application.
Application for a Transient Retail Business license shall be made to the Building Official and shall contain:
(1) The name, permanent Street and mailing address, and telephone number of the principal owner of the business. If an assumed name is used for the principal owner of the business, then the name and permanent Street and mailing address of the chief executive officer of the business shall also be supplied;
(2) The principal occupation of the business and identity of the goods or services, or both, to be offered for sale by the business;
(3) The State sales tax permit number;
(4) The name, local address and local telephone number of the local supervisor or person in charge of the Transient Business;
(5) The name, local address and local telephone number of each agent, representative or consignee of the Transient Business who will be transacting business in Amarillo;
(6) If the business is to be conducted on Premises owned by a person other than the business to be licensed, then the application shall contain the name and address of the property owner and show that the applicant has the express written permission of the owner of the Premises to conduct business at such location.
(Code 1960, § 13-34(b); Ord. No. 5651, § 1, 12-16-86)

Sec. 14-6-29. Fee; term; reapplication upon change in information.
A Transient Retail Business license issued under this division shall require a fee of twenty-five dollars ($25.00) for each issuance. A license issued to a Transient Retail Business shall expire at the end of thirty (30) days from its issuance. Any change in the information required in the application shall require the reissuance of the license by submitting a new application.
(Code 1960, § 13-34(c); Ord. No. 5651, § 1, 12-16-86)

Sec. 14-6-30. Properly zoned location required.
Before a license may issue to an applicant under this division, the Building Official shall certify that the business is to be conducted in a properly Zoned location. In the case of a Transient Retail Business to be conducted in a temporary location, the Building Official shall certify that the location has adequate parking for customers and agents exclusive of any Public Right-of-way.
(Code 1960, § 13-34(d); Ord. No. 5651, § 1, 12-16-86)

Sec. 14-6-31. Display; issuance of receipts.
A license issued under this division shall be conspicuously displayed. A Transient Retail Business shall, if requested by the customer, issue such customer a receipt in the name of such business as shown on the license application.
(Code 1960, § 13-34(e); Ord. No. 5651, § 1, 12-16-86)

Sec. 8-2-10. Dangerous animals.

(a) As a public safety requirement. It shall be unlawful for any person to keep or harbor any Dangerous Animal within the corporate limits of the City of Amarillo without complying with all requirements of the Texas Health and Safety Code, § 822.042, as amended, whether the Dangerous Animal be a dog or of another species. In addition, the owner must comply with each of the following local requirements, at the owner's expense, before the animal is released from the animal control facility:

(1) Obtain liability insurance coverage or showing financial responsibility in an amount of at least two hundred and fifty thousand dollars ($250,000.00) to cover damages resulting from an attack by the Dangerous Animal causing bodily injury to a person or for damages to any person's property resulting from the keeping of such Dangerous Animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the Animal Control Department. The policy must require the company togive advance notice to the City of cancellation or non-renewal of the policy;

(2) Register with the City of Amarillo by providing the name and address of the owner; the breed, age, sex, color and any other identifying marks of the animal; the location where the animal is to be kept if it is not at the address of the owner; and two (2) color photographs that clearly identify the Dangerous Animal;

(3) Have the animal sterilized;

(4) Construct a cage, pen or enclosure for the Dangerous Animal that has secure sides; a secure top attached to the sides; and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. The pen or enclosure must be completely encircled by a fence constructed in such a manner as to prevent a person or child from being able to reach the animal's pen or enclosure;

(5) Not allow the animal to go outside of its cage, pen or enclosure unless the animal is under physical restraint. No person shall permit a Dangerous Animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous Animals shall not be leashed to inanimate objects, such as trees, posts, buildings, etc. All Dangerous Animals outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings;

(6) Post signs giving notice of a Dangerous Animal on the premises in which such animal is confined. Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear letters not less than two (2) inches high, stating "DANGEROUS ANIMAL ON PREMISES." Such signs shall also display a symbol, that is understandable by small children, that warns of the presence of a Dangerous Animal;

(7) Attach a fluorescent orange tag provided by the Animal Control Department to the animal's collar that is worn at all times so that the animal can be easily identified;

(8) Implant a microchip into the animal which is compatible with scanning equipment used by the Animal Control Department, and register it for life with the City's Animal Control Department and a recognized national animal registry;

(9) Pay the appropriate Dangerous Animal permit fee annually, not later than five (5) business days prior to the annual expiration renewal date; and,

(10) Pay the impoundment and daily care fees accrued during the investigation and any appeal of the Dangerous Animal determination process; and,

(11) Present proof of current vaccination or pay the fee for vaccination.

In the event the owner or keeper fails or refuses to timely comply with these requirements in accordance with state law, then the Animal Control officers shall humanely destroy the Dangerous Animal.

(b) Complaint. When a person reports a dangerous animal to the animal control authorities, the authorities shall investigate the report and notify the owner of the report. The animal control authority shall obtain a sworn written statement from at least one witness, describing at a minimum: the animal, the facts of the complaint, identity of any other known witnesses, and other information necessary or helpful to the investigation.

(c) Investigation. The Animal Control Authority or designee animal control officer shall conclude the investigation no longer than ten (10) days after receipt of the report or sworn statement, which ever occurs later. Upon completion of investigation the animal control authorities shall either:

(1) Close the case if it is determined that the report or complaint is unsubstantiated; or

(2) Declare the animal to be a Dangerous Animal.

(d) Seizure pending disposition. Upon sworn application of the animal control authorities or a peace officer stating probable cause that the animal is dangerous and there is some reason to believe that the animal may endanger other persons or animals before the investigation and any hearings or appeals can be completed, then a municipal court judge may issue a warrant authorizing the animal control authorities or peace officer to: (i) retain the animal if it has been captured at large or, (ii) enter a building, dwelling, other structure or enclosure to seize the animal and detain same, until disposition of the investigation and any hearing and appeal.

(e) Notice. The Animal Control Authority or designee shall promptly notify the owner or keeper of the animal of his or her determination on the dangerousness of the animal, by a written notice mailed to or posted on the front door of the last known address of the owner or keeper or other means reasonably calculated to give actual notice of the determination to the owner.

(f) Appeal.

(1) The owner or keeper may appeal the Dangerous Animal determination by filing a written notice of appeal to Municipal Court within fifteen (15) days after the determination, for a trial de novo. The consequences of the determination shall be suspended pending the Municipal Court Judge's final decision, but the Animal Control Authority shall retain the custody and care of the animal until all appeals are exhausted. An owner may appeal a decision of the municipal court to the county court at law, in accordancewith Chapter 30 of the Texas Government Code, as amended. Following a final judicial determination that the animal is dangerous, each day the owner fails to comply with Sec. 8-2-10(a), shall constitute a separate violation of this chapter.

(2) The Municipal Court Judge may compel the attendance of complainant, any known witnesses, the animal owner against whom the complaint was filed, and the Director of Animal Control Authority or his representative who investigated. The City shall be represented by the City Attorney or an assistant in all appeals of a Dangerous Animal determination.