1 U~ ~(`~ ~ 1.1 Animal Con ,.r,o1 Policies/F'racedures to racilitate cooperation with Sheriff's Department. tCo+_inty J+_idge? Brad Alford addressed co+art. He is concerned abo+_tt the Liability of the Sheriff's office, if an animal is place in the patrol car. He wants same type of g+_~idelines to be set o+_~t. Operating proved+.xres need to be set +_ip and approved by the Co+ar,t. Commissioner Leta stated needs to be ed+_icated on what the Animal Control Facility act+_Eally is responsible for doing. Policies and proced+ares need to be set up and shared with the Sheriff. 400 Clearwater Paseo KERRVILLE, TEXAS 78028 Ocober 8, 1997 Mr. Glen Holekamp Animal ControUShelter Manager 429 Sidney Baker Kerrville, TX 78028 Dear Glenn, FRANCES KAISER SHERIFF KERR COUNTY 210/896-1216 210/896-1133 210/634-2334 FAX 210/896-7380 Please be advised of concerns and complaints that my department has received reference the County Animal Control Department: 1. Do not handle any type of livestock calls. Be advised of the new state law, (attached) reference exotic animals. The Commissioner's Court needs to address this issue. The law was repealed on September 1, 1997. 2. Only come out on bite calls. 3. Will not respond to stray dog and cat calls after 5:00 p.m. or on weekends. 4. On the answering machine, "if you have an emergency, contact the Kerr County SherifFs Department." Do you have a written policy and/or procedure to help us answer these concerns when they callus for animal control help? Thank you in advance for your cooperation to make Kerr County a better place to live. Sincerely, C=~~7i~1'-G-~CC~ ail , G~~~.e-r.~~ /J~ Frances A. Kaiser, Sheriff I~ (~ 4 Ken Coun Sheriffs De artment ~" tY P FAK/akb DGIQ~~ Ocober 8, 1997 Mr. Glen Holekamp Animal ControUShelter Manager 429 Sidney Baker Kerrville, TX 78028 G~~ Deaz Glenn, Please be advised of concerns and complaints that my department has received reference the County Animal Control Department: 1. Do not handle any type of livestock calls. Be advised of the new state law, (attached) reference exotic animals. The Commissioner's Court needs to address this issue. The law was repealed on September 1, 1997. 2. Only come out on bite calls. 3. Will not respond to stray dog and cat calls after 5:00 p.m. or on weekends. 4. On the answering machine, "if you have an emergency, contact the Kerr County Sherii~s Department." Do you have a written policy and/or procedure to help us answer these concerns when they call us for animal control help? Thank you in advance for your cooperation to make Ken County a better place to live. Sincerely, Frances A. Kaiser, Sheriff Kerr County Sheriffs Department -,~ October 6, 1997 Mr. Glen Holekamp Animal Control/Shelter Manger 429 Sidney Baker Kerrville, Tx. 78028 Dear: Glen Please be advised of concerns and complaints that my department has received reference the County Animal Control Department 1. Do not handle any type of livestock calls. Be advised of the new state law, (Attached) reference exotic animals. The Commissioner Court needs to address this issue, the law was repealed September O1, 1997. 2. Only come out on bite calls. 3. Will not respond to stray dog and cat calls after S:OOp.m. or on weekends. 4. On the answering machine,` if you have an emergency contact the Kerr County Sheriffs Department. ~~ ~- Do you have a written policy and/or procedure to help us answer these concerns when they call us for animal control, help? Thank you in advance for your cooperation to make Kerr County a better place to live. Sincerely Sheriff Frances A. Kaiser SEP 17 '97 16:36 FROM'"'=PWD ANIMAL REGS RUST ""` PAGE.0a1 Texas Parks and Wildlife Facsimile Transmission DATE: FAX NUMBER: ~~~~ ~ ~ 7~ ~/ ~~ FROM: ~ , ~F l v ~iVG~2- FAX NUMBER (S1Z} 389-4?~0 U~ Number of Pages (inducting Cover Shcet) SEP 17 '97 16:37 FROM"°'PWD ANIMAL REGS RUST ~ f~',~:hi4i itii!.; it. ~. "" PAGE . 0i~2 1]rieA`J ~iABY ~ S,B. 97 PSiTFSISe~ This bill will prohibit the holding of, or release of, certain dangerous wild animals for the purpose of controlled killingicanned hunts). This bill; • defines dangerous xiid animal as a lion, tiger, leopard, cheetah, hyena, bear, elephant, wolf, or rhinoceros and includes any species, subspecies, ar hybrid of tAese ~ Animals; • • prohibits the killing or attempting to inure a dangerous wild ani~aal held in captivity or released from captivity - and includes a prohibition againsk conducting, promoting, assisting, or advertising a controlled kfll; *- allows a peace officer to seize a live dangerous animal, carcass, hide, part, or product. with probable Cause to believe such was killed, wounded ar injured in or as a result of a controlled kill; • prohibits the transporting of or Commercial activity dealing with the sale pf Certain dangerous wild animals or their parts as it relates to controlled killing; • allows for the commission to adapt rules for the final dispe5itfon of a carcass, hide, part, product, or live animal seized by a peace officer; • allows for immunity from criminal ar civil liability to peace offiCezs, veterinarians, zoo officials, and certain other persons acting in an official tapaCity that Cause injury or death to dangerous wild animals; e provides that the criminal penalty for an offense in Subchapter F, Chapter 62, Parks and Wildlife Code, i5 a Class A Parks and Wildlife misdemeanor and a subsequent offense is a Parks and Wildlife felony; • amends the Local GaveYtunent Code to allow all commissioners courts, by order, to prohibit or regulate the keeping of wild animals in the county and defines wild animals; and Ji !~.# PAGE.~~3 SEP 17 '97 16:37 FRON~'PWD ANIMAL REDS RUST ~~~ E ~ ;; , .r. E-' ~ .r, ~~e tat: v{ ffipcbs _-...,.,r„ ~tcrdstrq a{ Matt ~` Y, Al1TORI0 0. G71Rl11, JR., Secretary of Sut4 of the Statr of Texas, DO e~ CHRTIM that the atuahed is a TAOE 71~tD GORRpCT copy of 84nat+ 8111 9T, ptsstd by thr 74th Laglaiatan, Rpalar SessioA, 1995, as sign•cE bt th• Governor on ]Ipril 24, 1995, end as ltiod fn this office on ~rii ~4~ 1995. ' ~I~I~ ~"\y~ ~`` ~~ ~` .l ~i ~~~ a '~' I ,~ wM1~4k ~~M '~..... SEP 17 '97 16:37 FROP~~ PWD ANIMAL REGS AUST PAGE.OO4 f'• _..,.~. ~. 0 CgnPTax_23 S..H. No. 97 A1~ ACT 1 relatin4 to controlled killiaq o!, attempting to injure, curtain Z uses of, and possession o! c*rt:in dwngesous gild animals; . 3 prvv#dinq a criminai penalty. i SE IT ENACTED $X T1;E LEGISLATURE OF TQ.E STATE OF TEXAS_ S SECTioN 1. Chapter 62. Parka and N#ldlile Code, is amended 6 by adding Subchapter F to read as follaas: 7 SUBCHAPTER F, Z1Ni.AWFQL CONTROLLED RILLING CF OR ATTEMPTING TO 8 INJURE DANGEROUS WILD ANIIMAI,S 9 Sec, 62.101. DEFINITIOPS. In this subchapter: 10 {I) "Captivity" mean9 the state a! being held .under 11 control ar kept caeLed or penned.. 12 (2) "Dangerous wild aaimal" means a lion, tiger, 13 leopard, cheetah, hyena, beer, elephant, wolf, or rhinoceros and 14 inciades any species, subspecies, or hybrid o! any of those 15 animals. 16 {3) "sybrid" means an oflsprin9 of two animals of 17 diEEQrent breads. spGC#e9. ar GYnera, 18 (4? "Lien" means African and ABiatfC lion. i9 (5~ "Satsctudry^ means a place OP refuge xheie abused, 20 neglected, unxanted, impounded, abandoned, otQhaned, or displaced 21 ddrigerous wild animal4 are provided Care for their lifetime Qr 22 until released back to their natural habitat. 23 Sec. 62.102. Cp23TROLLED KILLING OF OR ATTEMPTING TO INJUkL 1 SEP 17 '97 16:38 FROM"'TPWD ANIMAL REDS RUST PAGE.005 ~ ~J ~~ 5.~+ 140_• ~7 1 DANGEROUS WILD AKIMAL PRORI$iTED. 1io person eaY: 7 't11 kill or_attemnt to ia~uce ; dangerov4 mid animas ] that is: 4 (A} in captivity in_thia state; or 5 s81 released troy captivity in this sta_te_ for 6 th@_purpoae of beinc killed; or 7 ,~21 conduct,~romate, assi_st,.or advertfse_an.activity 8 prohibited by Subdiviaien (11. 9 Sec. 62.1Q3. UIiI.A1~iF`CJL CONTROLLED ItILLING; CERTAIN 10 CONXERCIAL ACTIVITY PRQtiIBITED. Ha peraoA A~aY:_ 11 (11 sell or offer for sale, or transport or conaiSn 12 for transportation in this state. fncludinc interstate COmbterce in 13 this state, a danaerous wild animal that.. is La be used for 14 contreli4d killino prohibited by Section b2.102(12; Or 15 {7) eels or offer for sale a part of oz a pradutt made 16 from a dangerous aiid animal Lhat is used in a controlled kill I7 prohibited by Section 62.102(1). 18 SeC. 62.104. SEIZ(IRE QF DANGERWS WILD ANI!(AL OR CARCASS, 19 RIDE PART OEt P1tdDUCT. (a) A peace officer tIWY seize a live 20 dangerous wild animal ar a carcass, bfde, or part of Or a broduct Z1 made fcom a dangerous wild animal if the officer bas probabie cause 2Y to believe that the live animal, carca55. Aide, part, pr product 23 possessed by a person was killed. wounded. or injured. in, _. or 24 obtained as a result of ,. a controlled kill prohibited by section 25 b2.102(1). SE P 1 7 ' 97 16:38 F RDP"""rPWD ANIMAL BEGS RUST ~" PAG__E .086 ~' _.sa~ ~• ~ 4 s S.H. No. 97 1 (b~ The camraission shall adopt rules for khe tinal 3 disposition of a carcass,. hide, Dart, flroduct, or live animal. 3 seised under this section. 4 (c) 'rhe department, a agate aarden, er other department 5 employee authorized to act under this section is immv_ne__from 6 criminal or Civil liability and frog prosecution or civil suit _for 7 a seizure conducted under this section or rules adopked under Chia B section. 9 See. 62.105. AUTgORiTY QF LpCAL GOVERNMENT. This subchapter 10 does not restrict the authority of a local governmenk to regulate it the possession o! a dangerous gild animal if the regulation does 12 not conflict with this subchapter. i3 Sec 62 106. E%CEPT3ONS. Lai This subChdoter does. not 14 apply to a geaCe officer or other employee Of a Municipality. a SS county, or this state, or a ~ersan acting at the direction of such 16 an officer or employee, aho, chile acting in an official capacity 17 or at the direction of such an officer or employee acting in an 18 official capacity, iniures or kills a dangerous aild_animni that 19 the officer or employee rea9onablY t~elievea to Qresentr under the 20 circumatancea, the poa~sibility of danger to the public. A person 21 described by this subsection is immune [rpm Criminal or civil 22 liability and from prosecution or Civil suit Eo[ cauSing inj:irY or 23 death to the animal, 24 {b) This subchapter does not apply tv a licensed 25 veterinarian or an employee Of a sanctuary exeatpe from federal 3 SEP 17 '97 16:39 FR4M^ PWD ANIMAL REDS RUST ~ PAGE.937 r ~--' S.B. No. 97 1 taxation undQr.Section S01(c}(3).of the internal Revenue Code of 2 1986 (26 u.s.C. Section 3D1) or of a faeiliCy accredited by the 3 Association of loos and Aauariuma, who, chile irs the Courae of such 4 eaployment, humanely euthanisea a dan~rous wild animal to 5 eliminate the suffering of that animal due to illness or iniury~ A b person described by this aubnection iS imttune froaa criminal or 7 civil 1faDility and from~ro6ecution or civil suit for causirtc 8 iniurY or death to the animal. 9 Sec. 67.107. CR2AYNAL PENALTY. A person who violates this IO subchapter commits an offense that is a Class A Parks and Vildlife 11 Cod¢ misdeaceanor, unless it is shown at the trial of the defendant 12 foz a violatfon OE this subchapter that the defendant has been 23 convicted One or more times befose the trial date of a violatfon of 14 this subchapter, in which case the offense is a Parks and wildlife 15 Code felony. 16 SECTION 2. Section 240.0025, Local Government Code, fs 17 amended to read as follows: 18 Sec. 240.0025 . REGOLATIaIi [ #tl-p9E85AEfS-E9ER~FT#$S) . ( a ) The 19 commissioners court of a county [w4tls~a-peps#stfOr-of--8e4--m4}~4ea 20 er--mere) by order t4ay prohibit or regulate the keeging of a wild 21 animal in the c4uAty. " 22 {b) The order does not apply: 23 (1) inside the limits of a municipality; or 24 !2} to an exhibitor licensed under the Animal Welfare t"~c~~;, SEP 17 '97 16:39 FROr"''''PWD ANIMAL REGS RUST PAGE.008 -~• 1 2 3 t b 7 B 9 10 li 12 13 14 15 1G I7 i8 19 20 21 a~ i ~,8_ Na. 97 (c) In this section, "wiid animal" means a lion, tiger, oceiat, couvar, isoeard, cheetah. iaCVar, hyena, bear, teaser panda, bi.nturonq= volt, ens, slsohant, sad rhinoceros [has-the =eaairtq-assigeed-br-Seelfe~z~+9,6B~r-Faeka-ard-W4~81ife-code), SECTION 3. Subchapter G, Chapter I2, Parks and i~ildlite Code, is repealed. SECTION 4. (a} The change in lav made by this Act applies anly to an offense committed or ar after the effective data of this Act. For gurposes of this sQCticn, an gtfense fs committed before the effective date aE this Act if any element of the offense occurs before that date. (b) An offense committed before the effective date of this Act is covered by the law in affect on the date the offense is committed, and the former law is continued in effect for that purpose. SECTION S. This Act takes ePtect September 1, 1995, except that 3ertion 3 of this Act takes effect September 1, 1997. SECTION 6. The importance of this legislation and she crowded condition o[ the calendars in both houses create an emergency ar,d an imperative publs~c necessity that the Canetitutionai ru14 requiring bails to be read on three several days in each house be suspended, sad this rule is hereby suspended. 5 ., .. i SEP 17 '97 16:40 FROf"""-PWD ANIMAL REGS AUST ~ PAGE.009 ~--' ....,~, K• i~a~a No. 97 _ .8. Dlo. 97 passed the Senate on March 22, 1995, by the following vete: Yeas 34, Nape a; and that the Sene~te concurred in 8ous* astendaent on Aprii 11, 1995, by a viva-voce vote. i hereby certify that 5.8. No. 97 passed the Hous4, with amendment, an ~-prfl b, 1995, by a aon-record vote. FILEQ 1N i1!E OFFICE OF THE ggrrv OF SLATE S~ - ~Al. _. O'CLOCK ~~r 2 4 ~S9 -~. Cp~; s;'. ^f $t 't Approved: SEP 17 '97 16:40 FRO~'"~PWD ANIMAL REGS RUST FARKS & WILp~,)IFE DEPAiRTriENT '~+~ , ~+ Act ie, w added 5Y tbR ante of Permit epartOOeait on a or a perms ~ ap~at a per- at the applicabt for poeaeaslan ion, or persoeal . e11. Jsa. i, 1990. > ~ repea~Gs 199x. ection I2.60$ of ~l, but may not of veld anirelals. eEi Jan. 1, 1990_ s repeQls 1997_ permit issued .he department ~mpliance with an of the weld he wt7d animal revoked by the the wild animal lion {b) of this etertitines is in elf. Jaa 1, 1990. s repeals 1997. 12.606. Local Relation 'This subchapter does not restrict the authority of a lceat government to regulate the possession of wfld Animals. Added by Acts 1999. 71st Leg., eh. d82. 4 i, eff. Jan 1, 1990. Repeal Acts 1985, ?itlt tsp., ck: ~ $ d t,epealt tkia aedtion ~e~ivia September 1, 1997 ! 12.607. Penaltl A person .rho violates a provision of thta subchapter or a rule adopted under this agbcttapter catmmits sa p~prse That is aY Class C Parks and Wildlife Code ~• Added by Acts 1999. list Leg.. ch. 432, § i. eff. Jan 1, 1990- Repeal Acts 1995, 7i,tla Leg., e1~ 93, 5 3 rspeols this aodiors effedia~e September 1, 1997. SL`i3CHA.PTl;R H. LICEYSE DEPUTIES ! 12.701. Issuance of License, Stamp, Permit, or Tag by License Deputies The department may authorize the issuance of a license, stamp, permit, or tag by a license deputy. added by Acts 1996. 74th Leg., ch. 931, ~ 8, ell. lane 16, 1990- StatSgd 61(b; of the 199b Act provides: 'I'ht commission shat! adopt ruleta necessary to iutpkment ebe etut~ges to >:x made by this Ant unmedsate!)• afar t1+t eitectis~e date of this Act' 12.702. License Deputies; Fees (a) An employee of the department, a county clerk, or anotJ,er person designated ar contracted with by the department to issue and collect money received for a license, stamp, permit, tag, or other similar item is a license deputy and may issue and collect money for a license, stamp, permit, tag, or other similar item issued under this code, including a special issue stamp or decal- fb) The mmR+i¢~on by rule may set collection and issuance fees for a license, stamp, tag, permit, or other similar item issued under any chapter of this code. The commission shall not set any eoUection or issu- ance fees for license deputies at amounts less than the amounts in effect on June 1, 1995. If a eotlertion or issuance fee or other similar fee set by atlotlter section of this code conflicts with this section, the collection or § 12.70 issuance fee set under the authority of this section P~ ~- Added by Acts 1946. 7dth I.eg., cl~ 931, 4 a elf. June 15. 1996_ For peml3iom of Ne 1986 Act teiatinR to the adapaoo of reles. see oot~ foDoa'i~ V,T-Cal., Par1~s k wUdiire Code f 12ao1. 12.708. P4ittt-0f+~l! Syleteltt (a) The depasixgent may issue a license, stamp, tag. pemdiC, aa• another similar item aatborired by tAia code tfirvggh the tote of automated equipment sad a point~f-Bale system. (b} The department may desigtlate as entity to install the system far the issuance of lioensea, statape, permits, taiga, asr other eimilar items. A designated entity may collect revenge for the departlent from license deputies. (c) The cominixsian by rule may set the amount of colnpensat~on for apoint-af--sale entity. The compeo- sation nlay include an amount to be retained by the entity from the fee collected for each item issued by the entitq. Added by Acts 1986, 74th Leg., CL. 981. § 3, eff. June 16. 1996. For prooiavns of the 1996 Act reLep'aygg W the odopCon of rotes, xe notex fo1>oRing V.T.CA, Farks k ~ild$fe Code 4 12701. 4 12,104. Auties of License Deputies A license deputy shall: (l) complete and keep for the use of the depar.- meet a designated copy or other record of the sale of each license, stamp, pertntt, or tag issued; (2) keep a record of each license, stamp, permY, or tag iSStied, showing: {A} the identiffcation of the purchaser; fBJ the serial number of the item sold; (C) the date of issuance; and (D) any other information required by the de- t; and (8) perform any other function required by the license deputy's agreement with the department. 4dded by Ares 1995, 74th Leg, cA- 931, § 3, eff. June i6. 1995. 412.705. License, Starttp, Permit, and Tag Sales Reports (a) After the end of each calendar month or at a~r• other time designated by the deparment, a licence deputy shall send to the department a report on a form and in the manner prescn'bed by the depart. titettt, PAGE.B1~ SEP 1~ '37 16:41 FROh"-"PWD ANIMAL BEGS AUST (e} Civd penalties received by the department un- der this section shall be deposited to the credi! of the game, 5sh, and a-ater safety account. Added by Ants 1964, 69th Leg.. ch. 26'7, arr. 1, 436. eff. Sep4. '' t. 1985. Amended by Acts 1993, '73rd Leg., cll. 67'9. $ 1~, eiY. Sept i, 1993` SL'BCSAPTER G. REGULATION OF POSSESSION OF MLD AN1MA7.S f 12601. DeAnition in this subchapter, "wild animals" means: (1) lions: (2) tigers; ($) ocelots; (4) cougars: (3) leopards; (B) cbeelahs; (7) jaguars; (8) hyenas; (9) bears: (10) lesser pandas; (I1) binturongs; t12) woh*es: (13) apes; t19) elephants; and t15) rhinoceroses. Added by A~ 1989, list Leg., ch. #38.4 3. eff. Jan. 1, 1990. Repeal Acts 1995, ijtJt Ley., eh 3s 9 J >epeala iltis settlers ef}eQit~e September i, i997. 4 12.tr0Y: Permit Itequirtd (a) No person may possess a wDd animal for breed- PAGE.B11 9e~oa 2 of the 1988 Act ytswidei 'i~ Except as pewided by subsetRioo fb) of this seetioa thif Act takes sliest January 1, 199D. 'fb) : ection 1~909(bf, Parks +wd wikfliie Cody, Y added bs tbis Act talons effect 5epteaibes 1, 198Y." 12,603. Application for and Issuance of Permit (a) A person shall spp~+ to the dep:rtmeat txi s forth prpecr'i~d by the departmetst for a permit re- quired by Section 12602 of this code. (b) 1`he department shall issue the applicant a per- mit if the department de'Dat that the applicant meets the deparnnent's requirements for possession of a wild animal for breet$ng, extubitian, or personal use. .ridded by Acts 1989. 71st Leg., ch. 482, i 1, e>s Jan. 1, 1990. Repeal Acts 1995, 7tth Leg., c1+. Y~ $ 3 rsp~euls tku seetia+s e,~ectitx Septentbe'r 1, 1997 ~ 121004. Fees The fee for a permit issued under Section 12.603 of this code is $100 for each wOd animal. but -may not exceed ia00, regardless of the number of w,~d artim~sls- Added by Acts 1949. 71st Leg., cb. 482. ¢ 1, cif Jan- 1, 2990. Repeal Acts i99S, 7~tJt t.ey., fh. $,f, § S repeola this aectiox e~ertiroe September 1. 1447. # 12606. Revocation of Pertr~it (a) The department may ret+oke a permit issued under Section 12608 tlf this code if the department detelmiaes that the petsoa la not in compliance with department requirements for paeaessian of the wild animal. ing, ex}u-bition, or personal use toeless the person has a permit issued by the department. (b) The department shall remove the wild anuaal (b) The rnm*~~Q;on by rule shalt presen'be require- ~ s person rrtwse permit has been revoked by the menu under which a n safel a wild ~ departiuent. > ~ y 1 animal for breeding, exhibition, or personal use. ~ (c) 'fie departrnent shalt dispose of the wild animal rt This section does not apply to a person iiceltse~d ; section in a manner the department determines is in under other state yr federal law to breed ar exhibit a ~ ~ heal int.er~est of the wild animal. vrild animal. i Added be Acts 1989. 71st Leg.. eh. 482. 3 1, e!L Jae. 1. 1990, added by Acts 1989, 71st Leg., ch. 432. ~ 1. ~~~ Arta 1995. 7th Leg, Ch. f3, f 3 npettLs 1 this sedims rgective September 1, i997: S2 Arta 1995, 7~lJt Leg., C1+- £3, 3 3 nepeda this set-tiort e-~ective September i, 1997. ~ YZ.606. TLiS su local gos, arsimala. Added by Ae: tAit ) 4 Z3.6Cf't. A persc ar a rule ofYease tt Added by Art Lltia a Si~'8C 4 1Y.701. The del license, st Added be 199 - sepsca 83' "lye mra m d tLis Aet~ ~ 12.702, (a3 An e a a the depat~ far a lit~nv it: a l for s } issued und, or decal. (b) The ~uant~ feA mar iter The corntnj ante fees ft amouata in ieauaace tec of thrs code SEP 17 '97 16:41 FRO~'-'~PWD ANIMAL REGS RUST ~' PRGE.a12 Te~cas Parks and Wildlife Department Page 1 of 6 Law Enforcement RESTRICTED WJLD ANIMAIS PRaCLAMAZ'1E4N 1. Introduction. The Texas Parks and Wildlife Commission in a regularly scheduled public hearing on January 25, 1994 adopted new rules $55.24Y-b6.211 to 31 TAC, concerning permits to hold certain wild animstls and eateblialsing- standards for the huusina sad transportation of certain wr7d animals without change to the prapased fait published in the December 22, 1988 issue of the ~'~sas ~ (14 TeiReg 6?31). New legislation, H.B. 168? Acts of the 71st Legislature, added certain wild animals to the agenc~s regulatory sutharity which necessitates these rules. 2. Justification For the Rules. The hew rules are designed to provide a degree of safety from injury by wild animals listed by statute and held in captivity for breeding, exhibition or personal use. S. How the $ules Will Function. The rules will require a permit and cage construction specifications far the holding of restricted wild animals. 4. Summary of Comments. Two telephone comments were received. One suggested the rules prohibit holding animals in low areas subject to flooding. The other suggested a requirement for double entry in cages and that animals not be permitted closer than 30Q' -400' from any residence other than the owners. 5. Names of Those Making Comments For and Against the liules. Five letters were received expressing various concerns about the rules. The Exotic Wildlife Assacdation asked if the rules provided for adequate animal welfare and ifout-of-state or U.S.D.A. permits would exempt persons from these zvles. The Y. O. Ranch commented on the difficulty of lumping different species iota one set of rules, Forest Exotics expressed concerns over holding elephants behind steel bars and masonry construction and suggested that transportation of rhinocerns in crates be auffiorized. Gladys Porter Zoo in Brownsville suggested requirement for barriers 48" from cages holding Large carnivores and apes and a double entry system for cages holding large carnivores. The Humane Soaety of the United States expressed ~-~~ ova»x~Re9a 17.1 SEP I7 '97 16:42 FROf"'~-PWD ANIMAL BEGS RUST PAGE.~13 Texas Parks and Wildlife Department Page 2 of 6 'I.,aw Enforcement concerns that the miles were vague and suggested: (i) prolu~bition of private ownership of wild and ezotic animals as pets; (2} restriction of breeding to certain qualified programm8; (3) restriction of exhibition Lo certain accredited zoological parks and aquaria; (4) plac~aent of animals in captivity only far purpose of prafessianal breeding, educational programs, and rehabilitation with eventual release into the wild: (6) a~peafic guidelines for v-elfar~e of animals, and; (6}. anneal inapeccions of facilities and condition of animal. 6. Reasons Why Agency Disagrees with Comments. Comments caacerning animal welfare are addressed in the Tezas Penal Code (Cruelty to Animals). Comments related to prohibiting private ownership, breeding, exhibition, and holding animals in low lying are$s are not in the purview of the agency's authority. The rules as adopted provide for cage barriers to prevent contact with animals by visitors, adequate loclring mechanisms on cages for security, and transportation of rhinoceros in crates if they are of equivalent strength to primary facilities: 7. Statutory Authority; Interpretation of How Provisions Authorize or Require the Rules. The new rules are adopted under the Parks and Wildlife Code, Chapter 112, Subchapter G, which provides the Texas Parks and Wildlife Commission with the authority to prescribe requirements under which a person may safely possess the named wild animals, and Texas Civil Statute, Article 6252- I3a. #bb,2di. Definitions. The following words and terms, when used in this subchapter, shall have the following meaniags, unless the context clearly indicates otherwise: Breeding -Includes the possession of a w1d animal for purpose of PmP~tion. Department -The Texas Parks and Wildlife Department as established by $21.011 of the Parks and Wildlife Code or a specifically authorized employes of the Department. Exhibition -Includes any display of a wild animal to members of the general public for whatever reason. Fersanal use -Includes the possession of a wild animal for any purpose other than for breeding or exhibit. Restricted Wild Animal Permit - Means a permit issued by the Department by authority of $12.601-22.607 of the Texas Parks and Wildlife Code. rrri o~sas.r~x~-r~a,9o 17.2 SEP 1? '97 16:42 FROf~`"TPWD RNIMAL REGS AUST .~. PAGE.a14 Teacas Parks and Wildlife Department Page 3 of fi 'Law Enforcement Restricted wild animal -Includes aU ~ individual species and s;ubspeties of the following animals: lions, tigers, ocelots, wvgara, leopards, cheetahs, jaguars, hyenas, bears, leaser pandas, bint~u~ongs, wolves, apes, elephants and rhinoceroses. ~~b.Z02. Permit Requirement. It shall be unlawful for aAy person to pongees a restricted wild animal in this state for the purpose of bs~sedzng, e:hi2rition. ar far parsansl use unless the person has fimt obtained a Restricted Wild Animstl Permit from the Department. $~.ZO3. Permit Esemption. A Restricted Wild Animal Permit ig not required for the possession of a restricted wild animal if the person holds a valid state or federal permit expressly authorizing the breeding ar exhibiting of the restricted ,wild sniznal currently in possession. X55.204. Permit Application. (a) Any person required to obtain a Restricted Wild Animal Permit shall apply for the permit oa an apglication form provided by the Department. fb) ~'he application shall contain the following information before it will be considered by the Department: (1) Name, address and telephone numberfs) of the applicant; (2) A complete identification of each wild animal in possession including species, sea, and age, if known, and' any distinguishing marks or coloration which would aid in the identification of the animal; (3) A statement of ownership including written documentation to evidence ownership of each animal; (4) A statement that the applicant has read these rules and that all facilities used by the applicant to bald the restricted wild animals in possession comply with the facilities standards specified by these rules and that the facilities may be inspected by the Department at reasan.able times, to determine compliance with these rules; (5) A statement indicating that the wild animals will be held for breeding, ezhibition, personal use, or a combination of these purposes; (6) A copy of any license or permit issued by a city ar county, when required. to authorize the possession of the wild aninnal or allowing an exemption to the applicant for the possession of the w>Zd animal or a statement by the applicant that no local rules e~rist that regulate the possession of restricted wild anima; {?) A statement by a licensed doctor of veterinary u~edicine that the facilities proposed to house the restricted wild animals are adequate to maintain the animals safely. \71 pa9a~HHH•Ottty9p ~7.3 SEP 17 '97 16:43 FRO~'~'TPWD ANIMAL REGS RUST ~ PAGE.015 Tezaa Parlc$ and Wildli#e Department Page 4 of 6 Law Enforcement (c) The Department may returia any application that is found to be incomplete and requY.re additional information, when necess~s:y, to insure compliance with these rulee before an application umy be considered. (d) The applicant will forward the fee speafied by ~i8.644 with the appliartion. te) I~Fo liestricted Wild Animal Permit may be issued until all requ~ir+emsnts of Chapter 22, Subchapter (~, of the Parrs and Wildlifs Code and these rules are met. ;116.$116. Csl~e SpeciBcstions. (s) It shall be unlawful for any person to possess any restricted wild animal(s) anises the animal(s) are confined in cages which meet the construction specifications contained in these rules. (b) Materials: (1) Lions, tigers, jaguars, beans, and lesser pandas: Facilities--Cage construction materials shall consist of not Ieas than niue-gauge chain link or equivalent. (2} Leopards, Pumas (cougars), ocelots, cheetahs, hyenas, wolves, and binturongs: Facilities--Construction materials shall consist of not less than 1 li - 1/~ -gauge chain link or equivalent. (3) Apes: (A} Gibbons: Facilities--Cage construction materiels shall consist of not less than nine-gauge chain link or equivalent. (B) Chimpanzees, orangutans, and gorillas: Facilities--Cage construction materials shall consist of steel bars, two-inch galvanized pipe, masonry blocl~ or their strength equivalent. (4) Fthi.aoceros or elephants: Facilities--Construction materials shall consist of steel bars, masonry block or equivalent. (c) All cages constructed of chain link shall be well braced and sec~urelq anchored at ground level and shall utilize metal corners, clamps, ties and braces of equivalent strength to other materials prescribed for cage construction for that species. (d} Frames for cages, including corners, braces, top and bottom rails, shall be securely bolted or welded to provide mazimum strength. ti~~ oasa~.r~K-07n69o 17.4 SEP 17 '97 16:44 FROh""TPWD ANIMAL BEGS RUST ~` PAGE.016 Texas Parks and Wildlife Department Page 5 of 6 l.aw Enforcement (e) Cages of wild animals sh811 be suEiciently strong to prevent escape. If the animal is held for exhibition, cages shell be equipped with safety barriers which adequately prevent any physical contact with the urged animal by visitors. (f) Cages shall be equipped with loc]cs and locki~ag mechanism to prevent opening by unauthorized persons. (~) All cages shall be covered at the top to prevent escape. In lieu of tb~ia t, fadlities provided for wolves, hyaaas, rhinoceros, elephants, acrd cheetahs map be constnuted at sufficisat height and in gush a manner to prevent escape. (h) Any condition which results is the escape of a wild animal from its cage or enclosure ar which results in injury to any person shall be considered housing the wild animal in an unsafe manner and shall be considered a violation of this section. (i) The Department may inspect the facilities of the applicant before the issuance of the permit and at any reasonable time following the issuance of the permit to insure compliance with these rules and the permit issued by authority of these rules. ~b5.206. Transportation of Wild Animals. It shall be unlawful for any person to transport or possess restricted wild animals unless transported or possessed in cages which meet min~~um construction and strength requirements for primary holding facilities as required in these rules. 4b6.207. Permit Fees. The fee far a Restricted Wild A:umal Permit is $ $100 for each wild animal in possession, except that the ma~dmuni fee for a permit is $500. ~b5.208, General Provisions. (a) Before a permit holder acquires additional restricted wild animal(s), another permit must be obtained or the current permit amended to authorize the possession of the additional restricted wild animal(s). (b) It shall be unlawful for any person to sell ar possess any species of wild animal if the animal is listed by the Department as an endangered or threatened species by authority of Chapter S7 or Chapter 68 of the Texas Parks and Wildlife Code, except under a permit issued pursuant to the approprYate chapter. (c3 A permit issued by the Department will not prevent a local governmental authority from regulating the possession of species of wild animals within their jtuisdiction. (d) Restricted wild animals shall be maintained in a manner consistent with their health and safety, A violation of Penal Code Sec. 42.11 (Cruelty to Animals) shall be prima facie evidence that this section has been violated. :.~i oiaoa.~y-0~ne~ao 17.5 SEP 17 '87 16:44 FROP^~-PWD ANIMAL RE GS RUST PAGE.017 TearaB Parka and Wildlife Department p g of g Law Rnfarcement $6b.~08. Chaa~-e of Address or Relocation of Fsscilitiea. (a) It al:sll be un]awful for the holder of a Restricted Wild Animal Permit to fail to notify the Department within 10 days of a,ny change of address, ~+hether the change of address will require the relocation of the wild animals in possession or not. (b3 Ifthe change of address requires the relacatran ofthe arild animals, the permit bolder sbaII oas~xct the gaa7ities required by these rules at tb-e new addre~, prior to the relocation of the animals from the old la~ation. If Lhe permit holder is not able to damply with this requirement, the animals may be transferred far a period of not to exceed g0 days to another re$tricted Wild animal permit holder who ba$ vacant facilities that comply with these rules provided the animals can be safely transported in compliance with these rules to the temporary facilities by the permit holder or his designated agent_ The Department shall be notiSed in writing of any proposed temporary transfer authorized by thi8 section and of the provisions made for the safe transport of the animals. (c) The Department may inspect the facilities of the permit holder at the new address or location tb determine c;ampliance with these rules relating to facilities. No animals may be relocated to the new addressor facilities location until the inspection requirement has been satisfied. (d) If the permit holder bas not constructed facilities at the new address or Iocation within 30 days in compliance with these rules, the Department may revoke the permit and dispose of the animals. ~fi6.2I0. Permit Revocation. (a) The Department may revoke a Restricted Wild Animal Permit if the Department determines that a permit holder is not in compliance with $12.605 of the Texas Parks and Wildlife Code or with these rules. (b) The revocation of a Restricted Wild Animal Permit will be accomplished in accord with the provisions of the Administrative Procedure Art, Article 6252-13a, Vernon's Texas Civil Statutes and Department Rules (relating to administrative procedures) or a court order. (c) Following the revocation of a permit,~the Department shall remove the wild anixnal(e) and shall dispose of the animal(s) in a manner determined by the Deparment to be in the best interest of the wt~d animal. +~bb.21I. Penalty. The penalty for the violation of these rules is set out in $12.fi07of the Texas Parks and Wildlife Code. This agency hereby oertiSes that the new rules as adapted have been reviewed by legal counsel and found to be a valid eaerCiSe of the agency's Legal authority. t~lOi501}{HH-07~IG90 I7.D SEP 17 '97 16:45 FRO~~'PIJD RNIMAL REDS AUST ~ PAGE.818 !r,; ~~t /2/71 i 'C.! T£XAS PASS AND WZLIJLIFE DEPARTMENT ~ ~" ~ RESTRICT`ED WILr1 ANIMAL FERMITS °~.. General Information In recent years numerous incidents have been documented in Texas and other states of anima! attacks on humans that have resulted in injury and death. Legislation adopted by the Seventy-first Ixgislature and incorporated in the Parks and Wildlife Code regulates the possession of restricted wild animals which include all rndividual speaes and subspecies of lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, binturongs, wolves, apes (gibbons, chimpanzees, orangutangs, gorillas), elephants, and rhinoceroses. This law became effective January 1, 199 and requires a "Restricted Wild Animal Permit" authorizing persons to safely hold any of these animals. Ocelots, jaguars, black bears, and red and gray wolves arc currently classified as endangered spedes and may only be possessed under the authority of a sdentific collecting permit, a aoological permit, or an Endangered Species Propagation Permit and are, therefore, excluded from these rules. Also, a "Restricted Wild Animal Permit" is not required for the possession of wild animals if the person holds another valid state or federal permit authorizing the breeding ar exhibition of wild animals. Before a "Restricted V1'ild Animal Permit" may be issued, certain facility requirements for holding cages must be met. )=urther, it is unlawful to possess or transpa~t restricted wild animals -vithout a r.alid pern:it. Animals being transported must be confined in cages i~-hieh meet the minimum construction requirements set fourth in the Restricted Wild Animal regulations. The fee fora "lt;estritted Wild Animal Pernlit" is X100 for each animal up to 5.00 (the maximum fee regardless of the number of restric~ed wild animals possessed}. The Restricted Wild Animal Regulations and application form should be thoroughly read and understood before completing and submitting the application. An application u not cnmpletearu~ will not be accepted unless accompanied by a octet!:~arian's statement and Aocume-tt v~"If}'ins ow,rer$lrip yr le~nl possession of t/rc ernimal(s) as re~ulred Ly these regulatio~rs. Upon receipt, in Austin, of the properly completed application, veterinarian's statement, document verifying os~nership or legal possession, and proper fee remittance, the depasunent sill assign a game warden to arrange for a facility verification. When facility reports are received in Austin from the game «•arden and the facilities are determined to meet requirements of the verification process, the permit will be issued and mailed directly to the applicant. After a permit has been issued, additional permits must be obtained before additional restricted wild animals are obtained. ':CEP 17 '97 16:46 FRO''~TPWD ANIMAL BEGS RUST PAGE.019 ~`exas Parks and Wildlife Department YERIFICA770N OF ND LOCAL OI~UINANCE CONFLICT Instructions to Restricted Wild Animal Permit applicant, The Texas Parks and Wildlife Department will not issue a Restricted Wtld Animal Pertnii that is in conlliCt with an existing City or county ordinance. Many cities grid counties have now enacted ordinances regulating the possession of these animals. We, therefore, rile that you provide verifccation hereon that you have personally cornaded an official who would have knowledge of your governfnentai emity's ordinances. If you plan to possess the animal(s) within the Gity limits, contact ~ official of the city (city manager's office or city animal control). If you plan to possess the animals} outside the city GxtYits, contact an official of the county {coumy clerk or courny animal control}. I, personalty contacted Mr,/Mrs./Ms. (print applicant's name) hereby certify that i have name}, who is county (circle one) of {pFlnt Of~iGialS {tide/office of official}, representing the city State of Texas_ I am informed by the representing official that possession of the animal {s} far which I am requesting a Restricted Wild Animal Permit will not be in violation of any local goveratiient ordinance. Signature Date 5EP 17 '97 16:46 FROr"""`"~PWD ANIMAL REGS RUST "~ PAGE.020 Restricted Witd Animal Regulations are Ch$ngingr Regulations governing the keeping of animals alternately referred td as wild, restricted, and/or dangerous, are undergoing sigr-ificant change. The following information is offered to assist you in planning in order that you may remain in statutory compliance. Texas Parks and Wildlife Department rtgulaiians concerning the keeping of restricted wild animals {Eons, tigas~ ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser panties, binturongg, wolves, apes, elephants and rttinoceroses) are repealed effective September 1, 1997, This wag dofle by the Legisl~r~e during the 1995 session with the intern to ayov~a regutaiioa of the listed aoiaaalg under local govertmtattal authority. Texas t~unties and mwricipalitiea presently have the authority to regulate tie animals t,brough at~anee, under the L.a~cal Gava~~ Cade. IKarry have enalcted applicable regulations sod others are in the process of doing so. Legislation 'ts currently pending to amend Chapter 822, Health and Safety Code, to add regulations regarding the possession, sale, or transfer of these animals. Under the provisions of this legislation, anunals in possession at the time the law takes effect may be retained by meeting certain re~uiremcnts, including obtaining a permit from the municipal or county animal control authority- SEP 17 '97 16:47 FROh""PWD ANIMAL BEGS RUST °' PRGE,a21 7EXA5 MARKS AND WILDLIFE DEPARYMENT ' APPLiCATkQN FpR A RESTRICTED WILi7 ANIMAL PERMIT Apptignis Fu1 Name -- - - Mailing Address t~siness Name - - - Business Address City Stgt~ T.~p Code City State Zip Cede County --- Telephone Bus~ss tefephor~e . Social Security ~ T_____ AQptying for t appropriately) ^ Original Permit D Amended Permit (additional animals) ^ Amended Permit (change of bcation) If requestirtq amendment enter original permit number Detailed description o! locattion where restricted wild animals will i7e boated, irlduding county: Species Ot Rastrlcled Wltd Animal(s) to be permitted i. 2. 3. 4. 5. (use a tans s eel i more bpace is needed) Sex Age The restricted wild animals listed above wilt be possessed for (ct-edc one or more) a Breeding ^ Exhibitbn ^ Personal Use i)lstirtguishing Marks ar Cabratian Does city or county where the animals will be boated regulate th@ possession of wild anirrlals2 If ves. attach a cnpy of the t;i~~r ~.~+,rnv,~{~thorization to ~jea a wild nim,~. ^ yes ^ No The restricted wild animals listed above are (cl+eck appropriately) ATT~NT~: Copy of tx'10[ sale, notarized statement, or ocher dowmenta~ verifying ownership a legal possession Y11S7 bg attached m tlzw appHcatiosL ^ Owned by me ^ Otherwise in my legal possession ATTENTION: A statement by a Eicensed doctor of veterinary medians stating that the facilities proposed to house the restricted wild animals are adequate to maintain the animals safety must be attached to this applicat~an (meaning that the facilities provide safety for humans). A term is attached for that purpose- This is to certrfy that: {1) all statements Cpntairled in this appGcaYan are dve and correct; (2) t have read and understand the rules related to possession of restricted wild animals; {3) My facilities meet or exceed the minimum requirements established by those rotes: (4) 1 agree to maintain those facilities in compliance with the rules for the wild animals 1 now have or may obtain in ittB future: {5) Authorized per5dnnel of the Texas Parks and Wildlife OepattmeM may inspect my facilities for ho)ding restricted wild animals prior to issuance of a permit and ai any reasonable time thereafter. Printed Narr-e t7ate on Appr~cation Regiil>~ Attach,rrnls: 1. Completed and signed veterinarian's atatemoM. 2. Bill of sale, ndarized statement, or other document verifying ownership or legal possession of animals. 3_ Proper remhtance {=100 for each animal up to 1500) Mail this apptiration along with aA three required attachments to: Texas l'adcs ar~d wddtifo Dept, 4200 Smith Scfiod Road Austin, Texas 78744 QwD-,~-~2oa~9o - r'i~iar,.Nan. oeso~ry - a.snor .~a[>< SEP 17 '97 16:47 FROP}~~PWD ANIMAL BEGS RUST ~" PAGE.622 VETERINARIAN'S STATEMENT (Attach to application for a Restricted Wild Animal Permit) Section 55.204(b){7) of the Restricted Wifd Animal Re~ulafions requires that an application for a permit must contain a statement by a doctor of veterinary medicine that the taalities proposed to house restricted wild animals are adequate to maintain the animal(s) safely (meaning that the facilities provide safety for humans). This form should tae used for that purpose. I, . am a licensed doctor of veterinary Na„re of Ve~rineri.n medicine located at _ , Street A~clross City State I have examined the faalitiss of Ivcated at Name of llpplicant !a Penult Brie( descriptia~ of facation of faCiii6es which are proposed to house the restricted wild animals listed below and find the facilities are adequate to maintain the animals safely. Species of Restricted Wild Animal(s) 1. 2. 3. 4. 5. 6. 7. S. 9. 10. Signan,re of U~~sed Veterinarian Number of Animals 17a0e PYVD-t21 ~irOd SEP 17 '97 16:48 FROf"~'`PWI] ANIMAL REGS RUST PAGE.023 11=J(AS PARKS AND WILDIlFE REf'Afi...~ENT RESTRICTED WiLb ANIMAL FAClUTY AE~OAT 4 FF~~ ~~ ~~~ ~~ ~ ~' D''-' ~pas~P T ~ wnr t~iaiirq Addrns G+9~ ~QQt10n o< IOCa6ofl whore festrided animals ~ be fotAted !~ Lp lade Tafaplbr~ i~n~r' Basi+eta Tahphot~e dlrmbar SpYGtes arvi tMirnbef ~ Md1 b f7e Held: SpeC~la Wtxt~bor SpYSais Plumbot Carrsidar fioldwq f~dTAfve acaadng to spedw sn bs Reid and a tlr b~Darig frpoA apprapriatalp. Swdaa YletYaxan Fadtlhr Candttrc~tlon fAeerssrarerrrta Do fadiRiaa Wet f3aaukad Standards? ~ Japurs, Saari. Lesser Pandas, >tnd Plot lace tlun 4 4arge d~it i~dt a pwaiant` Ya PJo PIlA Laapards, Pumas {oou~rs), Ocabts, C~aetahs, 1flrorsss, worts. and Sintumgs Not kss 0pin ! 4 lR ~ chain We a sq~i+aiai` Yss No WA C,hin~pan:,eos, Orangutarro. and Gorilt:cs S~ ~,hanaed pipe, maaonryt block or Yes fro ~, WA Nhinoceros and Eaephar-Is Staef ban. masonry Mods or aquivafa+t' Yes Pb t~lA n eouuvaiorM axafair n detail a mmr+eants a separate s toma Ara af[ cages sattisEnrcted of drain finis txaaod,anchored # animals era twirl tar e;hbitian. ~ ~ egeiippe~d Ara al caQoa mv4rod at the fop with ifw same gas a! ground fereL utliang metal comers. damps. ups, and wth salary barriers? +a2teriat as cite cagy regtriremaru7 {Woves. Hyen braaesolequi~ralenlstrwgthtoahern-aterialspro~aabo4 liMooaras, Elephants, And G~eetahs era ozertpt tr !ar cage cor-stn~dion tar that species? , dlia rrQubarmarr d hvigi~t and cortstnrc~on pf cage! Yes No WA sultiident b proven escape.) Ya No '"- '~ Yes No __~__ Are 6 amgs for ca~es,inducts'+~g corner:. txacas, topArtd Aro t~g6s esAiipped with lodrs7 Aro togas far Wolves. Hyams. Ahinocaros, f]aphan bottarn rails 6aiod orweldal4 ar Gtgif7fl: eAhat awarad at the fop ar of suffaor heiplt and ooristrodion to proven osrapo? Yes 1Vo Yos Pb Yes Pia Oafidencies and ooanmer~ts {permit w;! not be iasssed it faa~tios do not tmea~t requremer~ts} lnapeetlrsp other for Actstfa vN rtamf s+sn,tu. a 1ni:np a'firi.f - - rro• tv~>ion Dafr - - - rd~e ~~ ~-, SEP 17 '97 16:48 FROG'"""'TPWD ANIMAL REGS RUST ~ PAGE.024 Restricted Wild Animal Facility Inspection Wark Sheet ,~„~-^ Applicant• __ _ Date: I. Is fence material chain link? YES HO fif answer is "no" applicant will have to provide evidence of equivalency from an engineer or fence manufacturer.} 2. Is fence mesh size 2" x ~" or smaller? Y$$ Ha 3. Does chain link fence gauge meet standard size requirement for animals} being held? YES Ito 4. Is cage covered an top with chain lirilc fence? YE$ 1~0 {Does not apply to wolves, hyenas, rhinoceroses, elephants, or cheetahs.) 5. Are the corner post metal? YES NO (Tf answer is "rio" applicant will have to pravida evidence of equivalency fzom an engineer or the manufacturer.) 6. Is frame including metal corner post, braces, top and bottom rails welded or boated? YES No 7. Is fence material securely anchored at base? YES NQ 8. Is fence material securely attached to remainder of the frame with metal clamps or metal ties? YE$ NO 9. Can the cage be securely lucked? YES NG lo. Does any condition exist that could result in the escape of an animal from the cage? YEH NO IF ANX QUESTION r$ ANSAERED "NQ" THE FACILITY C1~,HNOT AE APPAOV~D ~' PAGE,025 SEP 17 '97 16:49 FRO~~-PWD ANIMAL RE GS AUST LQC A1, GOVT Sec. 244 Ot)1, betinition Pagt 1 V T C.A., Lora] Government Cede Set. 240.001 YERNON'S TE?tAS STATGTES A\'p CODES A~ivOTATED LOCAL GOti'ERti~SEM CODE T{TLE 7. REGUi..ATIO'.ri OF LA.'r'D US£, STRUCTt;R£5, Bf;SC'ti'ESSES..~-.ti~ RELATED _aCT1V1T1ES SLBTITLE B. CO(r~TY REGL3.ATORY A[,''CHORITY CHAPTER 2ao M'tSCELLAI`fEOUS REGtv'LATORY AUTHORtTY OF COL" STIES S[.'SC!-L4PTER 4. REGULATIdtti OF KEEPING OF WILD _~Ni,MA1.5 Current through end of 1995 Reg. Seas. Sec. 240.001. ptfin;tion in this subchapter. "wild animal` moans a nondotnssric aninrya] that the canrnissiotters court oP a county determines is dangerous and is ;n need of controE in that courtly. CREp1T(S} 1988 Main Voh,me Acts 1987, 70th Leg., ch_ 149, Sec. 1, efi' Sept. i, )487. HISTORICAL ,DOTES HISTORICAi. AAr~D 5T.~TL;TOitY>\O~S 1988 Main Volume Prior Laws: Acts 1981.67th Leg.. p. 631. ch. 252. Acts 1983, 68th Leg., p 4067, ch b37, Sec. 1 l"er~-on's ~fnn.(~n•.Sl. tar. ?3'Zr, Sec. I. ~y,7 8~s-1a9a3 -• PRGE.026 SEP 17 '97 16:49 FRQh"'""'TP~JD ANIMAL REGS RUST LOCAL GQVT See 240 002. Reuufatian Page E V.T.C.A„ I.acai t,ovemtnent Code Sec. 240.002 V>;IZtipV'S TEXAS STATUTES A.VD CODES ,~.tiVOTATED LOCAL GOVER'3MEtvT CODE TITLE 7 REGL'LAT10N OF LAti~ USE. STRUCTURES, BC;SIVESSES, AIti~ RELATED ACTIVITIES SIBT[TLE 8. COUNTY REGULATORY ALTHORiTY CHAPTER 24d '4tISCELLAI~[EOi,TS REGULATORY Al.~TidORITY OF COU'N`TIES SUBCHAPTER A. REGULATION OF KEEPING OF WILD ANIMALS Current through end of 1495 Reg, Sess. Sec. 240.002. Regulation (a) The commissioners coact of a county by order may prphibit or regulate the keeping of a wild animal; (t } at a residence; or (2) within 1,000 feet of a residence or pttbfic schvof_ (h) The order does not appiy inside the limits of a municipality. CREDIT(S) i9$$ Main Volume Acts 1487, 70th Leg., ch. E49, Sec. 1, eff. Sept. i, 1987, HI5TORICAL NOTES H]5TORICAL AND STATL•TQRY tiQTES 19$$ :4lain Votame Prior La~r-s~ Acts 1981, 67th Leg., p. 631. eh. 252 Avis 19$i, GBih Lei. p. 4467_ ch E3T. Sec t. I'enro-t's:1nn_('-~..St art. 23':r, Sec. 2. Copyright aD Wtst Publishing Ca. 1995 No claim to oreginal U.S. Govt. works. SEP 17 '97 16:49 FR01"~~~PWD ANIMAL REDS AUST ~ PAGE.027 L(X'AL GUVT Sec ?a0 pd_5, Regulation Page 3 V.T C..4., Local Government Cede Sec. 340 0025 ~~ERtiUti'S TEXAS 51'A"1"U~FtiS AVD t'OU~S A~'~U'fA'tEi7 LOCAL GO~~R_'~3~!vT CUDE TITLE 7 REG~Z.ATIO'~ OF Lati'p L'SE, STRUCTURES, Bi:Sih'ESSfrS, A:r'D itEI.ATED ACTi~~TiES SL'BTiTLE 13. COL^VTY REGULATQRY AC~`THOR[TY CHAPTER 2ao. ~nSCELLA.*FI=OLDS REGi.ZATORY AUTS`[gRRY OF COL'?~Ti~S 5t,~Cii.4PTER A. REGU'LAT1ON qF K£EP1NG OF WILD .4.NLM.AI.S Current through end pf 1995 Reg. Sess. Sec. 240.0025. Regulation (a) The comtttissioners cplttt of a county by order may prOMbit or tzgulate tht keeping of a wild anima! an tht Y~ (b} The order does not apply: (1) inside the limits of a murtiapality; or (Z) to an exhibitor Gcertsed under the Animal Welfare Act (7 t :S.('. S<'C1107r 213! et seq ). tc} In this section "w~7d animal" means a lion, tiger, ocelot. cougar, leopard, cheetah, jaeuar, hyena. bear, lesser panda, binturoag, wolf. ape, elephant, arx! rhinoceros" " CREpIT(S) 1495 pocket Part Addod by acts 1991, 72nd Imo., ch. 138, Sec. I, eff. Aug. 26, t991. Amended by Acts 1995, 74th Leg._ ch 23_ Sec 2, eR'. Sept 1, 1995. iiISTORiCA(r tiCtTES HISTORICAL ANb STATLTURY i`rpTES 1996 Potkrt Part I495 Legislation The i 995 amendment, in the section heading, following "Regulation", deleted "itt populous counties"; in subset, (a), faIiawing "court of a county", deleted "with a population of 2.4 million or more"; and in subset. {c). substituted a list of wild attunaIs for a re~Feretxe to a definition in Sec. 12.601 of this code. Copyright C West Publishing Co. 1995 h;o claim to origirtal U.S. Govt. works. -`~ PRGE .028 SEP 17 '97 16:50 FRO~~~'•'PLJD ANIMAL REGS RUST LUCAL GOVT Sec 240 003, Offense Page .1 V.T.C.A., Local Go~~ernment Code Sec. 240.003 ~'ER'~ON'S 7ExaS STATUTES ,~tiD CObES ANNOTATED LOCAL GOVEtL'~'tiiENT COdE T1TtE 7. REGL'LaTlO?~ OF LA'~U tSE, STRGCTL'RES, BGSi.M'ESSES, AwN~ RELATED ACTtVITTES SCJBTITLE t3 COU;~TY tLEGGZ.ATORY ALTHORLTt' CHAPTER 240. htiSCELI,.ANPEOLTS Rt:GL*LATURY AGTHQRiTY OF CUL'!~'t'IES S[,~SCH.APTER 4. REGUL4TION OF lCEEPtNG OF WILD A1VL~[ALS Cursent throngl~ end of i 995 Reg. 5ess. Sec. 240.003.Ot!'ense (a) A person commits xn ol3ense iF the person violates an order adopted under this subclsapta and the order defines tht violation as an offense. {b) An offense under this section is prosecuted "in the same manner as an offense defused under state law. (c) An ot'ffense under this .section is a Class C misdemeanor. CREDiT{S) i9$8 Main Volume Aces 198'7, 70th Leg., eh. 144, Set. 1, efF Sept. 1, 1987 !-ILSTORICAL tiU?E5 HISTORICAL. A.tiD STATl.7URY tiUTES 1988 Main Volurrte Prior Laws. Acts l98!_ 67th Leg.. p. b31. ch 253. 1'erirviisrGnr.(.'iv.Jt. an. ?3%1~•, Jrc. a. REFERENCES CitUSS REFERENCES 1988 Main Volume Punishment, Class C misdemeanor. see !' 7:C',rt., Facial <'oc~r 1ec. 12,23 Copyright a West Publishing Co. 1995 No claim to ariginsl U.S. Govt. wor3cs. -~ PAGE.029 SEP 17 '97 16:50 FRO~'"`rPWD ANIMAL RE GS AUST L.UCAL ~itlv^i' Sec..40 004, Injunction Page S V T.C.A., Local Cio~~ernmerrt Code Sec. 740.004 ~~>rRtiQ?V'5 T(rkAS STATI;'1'Ir5 A_`rU CODkJ AN~;bl'AT>rD LOCAL GQVER,'~tlV[E'~T CdDE TITLE 7. REGULAT[QN QF LA.T~fD USE. STRC:CTUItES. BUSINESSES, Al~'D RI=LATEp ACT1Y3TtE5 SL'BT[T1.E ~. CpL?trY REGULATORY AEJTEIORITY CHAPTER 240 M15CELLANEQU5 ItEGL/LATORY AUTHORITY OF COUNTIE5 St,'SCHAPTER A. REGI.ILATIQN OF IGEEPIivG OE IYILD ANIMALS Current through end of 1995 Reg. 5ess. Sec. 240.004. Enjvnction The county attorney or an attotttey reprtsentuig the cCuttty tray file an mCtion in a district court to enjoin a violation or threatened violation of an order adaptod under this subchaptst. The court may grant appropriate relitf. CREDI'f(5) 1488 Main Volume Acts 14$7, 70th Leg., ch. 149. Sec. 1, eff. Sept I. I987. HISTORICAL NOfi>rS I~STbRICAL A1tiD 5TA'~1,70AY NOTES 1988 Main Volume Prior Laws: Acts 1981, b7th Leg., p 631" ch 253. a i~n~wr's A»tt.Civ.St. art. ?3%2}: Sec..i. Copyright O West publishing Co. 1995 No claim to origins; U.S. Govt. works. i SEP 17 '97 16:51 FRO'~~~'PWD ANIMAL REGS RUST PAGE.030 AN ORDER OF CALDWELL COUNTY, TEXAS, PROHIB[TiNG OR REGULATING T11E QWNERSI`I1P AND KEEPING OF DANGEROUS WILD ANIMALS iN CAkpWELL COUNTY THE STATE OR TEXAS ~ KNOW Afl Mat By These Presents: COUNTY OF CALDWELL § THAT ort this the 25"' day of August, 1997, the Catrnrtissianets Court of CaldweQ County, Texas. met in a duly called and convened lawful Session at tht Caldwell County Courthouse in Lockhart, 'Texas, with the following rx~mbers present: Rebecca I-tawerier, County J+~dge, Presiding Morris Alexander, Commissioner, Precinct One Charles Bullock, Commissioner, Pr+xinct Two Ronnie DuesterheR. Commissioner, Precinct Three Joe Ivan Rolard, Commissioner, Precinct Four Wherc among other matters, came up for consideration wid adoption of the fallowing ORDER. WHEREAS, The Cornmissianers Court of Caklwell County, Texas is vested with the authority by State law, Local Government Code Section Z4Q.001 et seq. lry Order to prohibit or regulate the ownership and keeping of a wild animal in Caldwell County; and WHEREAS, the Commissioners Court of Caldwell County, Texas has determined that such is dangerous and ~ in need of control in Caldwell County, 'Texas. NOW THEREFORE, BE IT ORDERED BY THE COMMiSSJONERS COURT OF CALDWELL COUNTY, TEXAS T11AT: Section 1. A person commits an ol~ense if he owns, possesses or harbors a wild annual within this County. Three shall be a separate offense for each wild animal involved. SEP 17 '97 16:51 FRO'~'PWD ANIMAL REDS AUST PAGE.031 Section Z. For purposes of this DItDER `wild animaC' is defused as a r~ondomestic animas including a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyet~4 bear, tassel panda., bintutong, wolf', ape. elephant amt rhinoceros. S~tioo 3. This order does trot apply to: (a) inside the limits of a mttnicipnlity; or (b} to an exhibitor licet~ed under the Animal Welfare Act (7 U.S.C. ZI31 et seq.) Stetson 4, Offense. (a) A person corr~mits an offense if the person violates the order adopted under this order and the order defsnes the violation as an offense. (b) An of~er~se under this prder is prosecuted in the same maiu~er as an offense defined wider State Law. (c) An offense order this section is a Class C misderricanor. Section 5. If" a person is found guilty of an offense under Section 1 above the Court shall order the forfeiture of the wild antrnal(s} involved in the offense to the animal control authority for the County or [f Wane to the County Sherifl'or their designated agent. 5ect~ion 6_. In addition to criminal prosecution, a person who conrututs an offense under Section 1 about is also liable for a civil penalty not to exceed 51,040 far each day of the violation. An attorney having civil jurisdiction in this County may file suit in a court of competent jurisdiction to collect the civil penalty. Civil penalties collected under this Section 6 snail be retained by the County. Section 7, 7~he County Attorney or an attorney representing the county may file an action in a district court to enjoin a violation or threatened violation of this order. The District Court may grant appropriate relief. 2 SEP 17 '97 16:52 FROr~Y~"PWD ANIMAL REGS RUST „` PAGE.032 The foregoing Clyder was lawfully ved by Commissioner ,duly seconded by Commissioner acid duly adopted by the Commissioners Court on a vote oF~ members for the nwtion and Q opposed. ~ ~~~~ Re Hawener, County Judge ~~~~ Morris Akxattder Commissioner, Precinct One ~-'~r Charles Bullock Corrnnissioner, Precinct Two onnie Duesterheft Commissioner, Precinct ATTEST: j a Mina S. Sells, County Clerk l van Roland mmissioner, precinct Four 3 SEP 17 '97 16:52 FROP"'""'"PWD ANIMAL BEGS AUST ~"` PAGE.033 ORDER PROHIBITING KEEFiNG OF WILD ANIMALS WI-IERI/AS the Uvalde County Commissioners Court recognizes the danger of the "keeping of certain wild animals"; and VfIHEREAS "wt~d animals" weans: lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena, bear, lesser panda, binturoug, wolf, ape, elephant and rhinoceros; TT IS THF~EFORE ORDERED BY THE WALDE COUNTY C014II~i1SSIONERS COUitT that a person commits an offense if he owns, possesses or harbors a wdd antn~al within Uvalde County. There shall be a separate olTense for each vvdd animal involved. An offense against this order is punishable by a fine of not less than $200 or more than $2,000. If a person is found gudty of an offense against this order the Court shall order the forfeiture of the wild animal (s) involved in the offense to the animal control authority for the County of if none to the County Sheriff or his designated agent. Tn addition to criminal ptnsecutian, a person who commits an offense against this order is also liable for a civil penalty not to exceed $1,000 for each day of the violation. An attorney having civil ju> b CATS P/U JS.~ 2 WILD P/U WARNINGS ~a MISCELLANEOUS ~ o CRUELTY CITATION ISSUED AFTER HOURS MILES DRIVEN ~ .~.~ ~~ LICENSES ISSUED CALLS BY PRECINCT PCT 1 PCT 2 t ~ J r PCT 3 ~ PCT 4 d TOTAL CALLS ~ C ~i KERB COUNTY RABIES & A1~TIMAL CONTROL MONTH OF g • MONTH DOG BITES CAT BITES OTHER BITES DOGS P/U CATS P/U WII.D P/U WARNINGS MISCELLANEOUS CRUELTY CITATION ISSUED AFTER HOURS MII.ES DRIVEN LICENSES ISSUED CALLS BY PRECINCT PCT 1 PCT 2 PCT 3 PCT 4 TOTAL CALLS .~ i v ~_ .~_ ~_ ~~ ~_ i 3 -~~` ~_ 1~1 ~- ~~ lRq YTD ___1- ~8~ ~5~ c„ ~_ ~-~ /7 _~_ l~ l 5 u I1~5 ~~} L L~ b x~R eoUivTY RABIES ~ eoNTROL MONTH vP .~_ MONTH YTD DO("J BiTE5 D ~~ CAT BITES ~ ~ OTHER BITES DOCrS FfU CATS P1'ET WILD FfU WARNINGS IbII5CELLANEOUS ~ -lr-s.-1 CRUELTY CITATION ISSUER AFTER HOURS D MILES DRIVEN l 7 ~ LICENSES ISSUED CALLS BY FRECiNCT PCT 1 _ ~~~ c~ Iq 3 PCT 2 ~ ` l PCT 3~_ PCT ~ ~,~ ~ 3 TOTAL CALLS 3~ ~ CENTER POINT A3ViMALS PICKED OF _~_ CALLS ~ ~