(a) In this section, DWELLING UNIT has the meaning given it in Section 51A-2.102 of the Dallas Development Code, as amended.
(b) A person commits an offense if he harbors more than four dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares a common wall with another dwelling unit.
(c) A person commits an offense if he harbors more than:
(1) six dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares no common wall with another dwelling unit and that is located on not more than one-half acre of land; or
(2) eight dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares no common wall with another dwelling unit and that is located on more than one-half acre of land.
(d) In determining the number of dogs or cats harbored on the premises of a dwelling unit under Subsections (b) and (c) of this section, the director shall not count any dog or cat under six months of age or any feral cat participating in a trap, neuter, and return program approved by the director.
(e) It is a defense to prosecution under Subsection (c) that:
(1) the person:
(A) was approved by the director as a foster care provider under a foster care program sponsored by animal services or an animal welfare organization;
(B) was not fostering more dogs, cats, or any combination of dogs and cats on the premises than approved by the director based on the type and size of the animals, the size of the premises, the location of the premises, the facilities located on the premises, and other factors established by the director; and
(C) had on file with the director a written document (on a form provided by the director for that purpose) authorizing the director to conduct unannounced inspections of the premises and all animals located on the premises to ensure that the person was complying with all applicable provisions of this chapter, which document must be signed and acknowledged before a notary public by the legal owner of the dwelling unit and at least one occupant of the dwelling unit who is 18 years of age or older; or
(2) the person:
(A) on June 25, 2008, was the owner of, and was harboring on the premises of the dwelling unit, more than six dogs, cats, or any combination of dogs and cats;
(B) before September 25, 2008, provided information to the director (on a form provided by the director for that purpose) relating to each dog or cat harbored on the premises of the dwelling unit;
(C) harbored no additional dogs or cats on the premises of the dwelling unit on or after June 25, 2008; and
(D) was in compliance with all other requirements of this chapter applicable to dogs and cats. (Ord. Nos. 26024; 27250)