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HomeMy WebLinkAbout1983-1421 - Ordinance - 04/28/1983ORDINANCE NO. 1421 AN ORDINANCE AMENDING CHAPTER II, SECTION 2 OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION PROVIDING FOR THE ESTABLISHMENT OF FEES BY RESOLUTION, PROVIDING FOR HUMANE CARE AND TREATMENT OF ANIMALS, ADOPTING THE RABIES CONTROL ACT AND THE ANIMAL SHELTER ACT, REPEALING INCONSISTENT ORDINANCES, PROVIDING A PENALTY, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that Chapter II, Section 2 of the Code of Ordinances of the City of College Station is hereby repealed and the following substituted in place thereof. SECTION 2: ANIMALS AND FOWL REGULATED A. DEFINITIONS (1). "Animal" shall mean any and all types of animals, both domesticated and wild, male and female, singular and plural. (2). "Fowl" shall mean any and all fowl, domesticated and wild, male and female, singular and plural. (3). "Abandonment" means to desert or to leave without care. (4). "Animal Control Authority" means the person or persons designated by the City Manager to enforce this article. (5). "Animal shelter" means that recognized by the C~ty of College Station impounding and caring for animals. facility designated or for the purpose of (6). "Humane manner" means care of an animal to include but not limited tO ventilation and sanitary shelter, food and water consistent w-ith normal requirements and feeding habits of the animal's size, species and breed. (7). "Licensing authority" means the agency or department of the City of College Station, or any designated agency charged with administering the issuance and revocation of permits and licenses. The City Manager shall designate the licensing authority. In the absence of a designation, the police department shall be the licensing authority. -1- Ordinance No. 1421 Page 2 (8). "Nuisance." An animal shall be considered a nuisance if it damages, soils, defiles or defecates on private property other than the owner's or on public areas, unless such waste is immediately removed and disposed of; causes unsanitary, dangerous or offensive conditions; creates a disturbance by excessive barking or other animal noise which would offend a person of ordinary sensibilities under the same or similar circumstances; or chases, molests, attacks or interferes with persons or other domestic animals on public property or the private property of others. (9). "Owner" means a person having the right of property or custody of an animal or who harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person for more than 72 hours. (10). "Vicious animal" means an animal that constitutes a physical threat to humans or other domestic animals by virtue of his immediate conduct, or by virtue of a prior history of violence towards humans or other animals. (11). "At Large" shall mean off the premises of the owner or custodian of the animal or fowl and not under the physical restraint of the custodian or owner. (12). "Wild Animals" shall mean all undomesticated animals including, but not limited to, lions, tigers, bears, wolves, apes, foxes, baboons, all forms of poisonous reptiles, skunks, and squirrels. B. LICENSING Ail persons maintaining animals on their premises are required to obtain licenses under the following terms and conditions: (1). Dogs and cats shall be licensed and obtain a rabies vaccination within four (4) months after the animal's birth. An application for a license must also be made within thirty (30) days after an owner obtains a dog or cat over four (4) months of age, except that this requirement shall not apply to a non-resident keeping a dog or cat which is lawfully licensed and vaccinated elsewhere within the City of College Station for no longer than sixty (60) days. (2). Persons desiring a dog or cat license shall make application to the licensing authority on forms provided for that purpose and shall supply all information reasonably requested -2- Ordinance No. 1421 Page 3 thereon. '(3). A person making application shall present a certificate from a licensed veterinarian in accordance with Texas State Rabies Law. (4). The licensing period shall be for one year. License renewal may be applied for within sixty (60) days prior to the expiration date. New residents must apply for a license within thirty (30) days of establishing residence. (5). Each applicant shall pay a license fee annually. (6). Upon acceptance of the license application and fee, the licensing authority shall issue a durable license tag, including an identifying number and year of issuance. Both rabies and license tags must be attached to the collar of all dogs and cats. Tags must be worn at all times and are not transferable. Licensing authority shall maintain a record of all licenses issued, and such records shall be available to the animal control authority. Records are to be kept for five years. (7). Bona fide raisers and breeders of dogs or cats strictly for a hobby shall make application with the Animal Control Authority for permission to keep or harbor more than four (4) dogs or cats three (3) months of age or older. The Animal Control Authority shall issue a permit for one year to the applicant upon the following information being furnished and the listed conditions being satisfied~ (a) The average number of dogs and of cats to be kept or housed. (b) The purpose for the keeping or harboring of the dogs and cats. (c) That the dogs and cats are to be housed in cages or pens inside a residence or completely enclosed area. (d) That the dogs and cats are kept or harbored so as to not be a nuisance or detriment to adjoining or adjacent neighbors. (e) That the dogs shall not bark or howl or create noises that cause the peace and quiet of the neighborhood of the adjacent premises to be disturbed. -3- Ordinance No. 1421 Page 4 (f) The cages or pens are to be maintained in a sanitary condition so as to not create any hazards to the general health and welfare of the come, unity. (g) The Animal Control Authority or his duly delegated representative upon being satisfied, upon payment of a permit fee, shall issue a permit for one year to the applicant. This permit may be revoked at any time upon any of the conditions and requirements being violated. (8). The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this ordinance, or any other law governing the protection and keeping of animals. No license shall be revoked except subsequent to a conviction for violation of this ordinance, or an administrative hearing pertaining to a license application as provided below. A former licensee may appeal the revocation of a license to the City Manager or to an administrative appeals board if one has been created by city ordinance. If an applicant is shown to have withheld or falsified any material information on the application, and such fact is found at an administrative hearing, the licensing authority may refuse to issue or may revoke a permit or license. The licensee may appeal in accordance with the above provisions. C. OWNER RESPONSIBILITY (1). An owner commits an offense if by criminal negligence he permits an animal to go at large upon the premises of others or upon the streets and other ways of the City. (2). Every vicious animal shall be confined by its owner within a building or secure enclosure and shall be securely caged whenever off the premises of its owner. An animal control Officer or any other peace officer may restrain or destroy an animal which poses an immediate threat of physical harm to persons or domestic animals. (3). An owner commits an offense if by criminal negligence he allows his animal to create a nuisance as defined herein. (4). Violation of the above sections shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $30.00 or more than $200.00. -4- Ordinance No. 1421 Page 5 D. HARBORING WILD ANIMALS (1). It shall be unlawful to keep or harbor any wild animal within the city, except pursuant to a special permit issued in accordance with Section 2, Subsection B(7) of this ordinance, the words "dog" or "cat" to be read "wild animal(s)" in this instance; commercial establishments dealing in the sale of these animals and zoos that have proper facilities for restraint and care of these animals are not covered by this prohibition. (2). The Animal Control Authority and the City Health Officer or his deputy may set up conditions under which it would be permissible to keep or harbor wild animals in the city on a temporary basis. E. IMPOUNDMENT (1). Any animal found running at large shall be impounded by the Animal Control Authority in an animal shelter and confined in a humane manner. Immediately upon impounding an animal, the Animal Control Authority shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Animals not claimed by their owners within a period of three (3) full days in which the shelter is open to the public shall become the property of the City of College Station. The City of College Station shall be entitled to dispose of such animals by adoption, humane euthanization or in such manner as previously agreed upon between the City and the owner of the animal hospital or shelter. (2). The Animal Control Authority shall have the right to pursue and apprehend animals onto unenclosed private property without first requesting permission from the owner of said property before entering that property or without obtaining a search warrant. No entry shall be made into an enclosure without a warrant. (3). When a animal is found running at large and its ownership is verified by the Animal Control Authority, the authority may exercise the option of serving the owner with a citation in lieu of impounding the animal. The City establishes a prima facie case of animal at large by proving the ownership of the animal and that it was running at large. (4). In the event that the Animal Control Authority finds -5- Ordinance No. 1421 Page 6 animals to be suffering, it shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner's expense or to euthanize them when necessary to prevent further suffering. Removal shall be pursuant to warrant unless the conditions require immediate action to protect the animal's life. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred and provided for lawful care and feeding. (5). Disposal of an animal by any method specified herein does not relieve the owner of criminal responsibility for violations by this ordinance and any accrued administrative charges. F. REDEMPTION (1). Any animal impounded may be redeemed by the owner thereof within three (3) full days in which the shelter is open to the public upon payment of an impoundment fee. Provided that if any such animal has been previously impounded, the impoundment fee shall be raised. Payment of impoundment fees is not considered to be in lieu of any fine, penalty or license fees. (2). Any animal confined for rabies quarantine, evidence, or other purpose may be redeemed by the owner thereof upon payment of a fee. (3). No animal required to be licensed or vaccinated under this article may be redeemed until provisions for such licensing and vaccination have been fulfilled. G. MISCELLANEOUS PROVISIONS (1). No person shall interfere with, hinder or molest any agent of the Animal Control Authority in the performance of their duty as herein provided. Any person violating this section shall be deemed guilty of a misdemeanor. (2). Abandonment. It shall be unlawful to abandon any animal in the City of College Station. (3). No person shall keep or harbor more than four (4) dogs or cats three (3) months of age or older, or any combination thereof, on any premises zoned for residential use, provided for in Article 6 of Section II. (4). Upon attack by a vicious animal, any person, -6- Ordinance No. 1421 Page 7 including an Animal Control Officer or peace officer, can defend self or third persons at their discretion, taking such means as are necessary in such situation. (5). This article adopts the provisions of the Rabies Control Act and the Animal Shelter Act, as contained in the statutes of Texas, as from time to time amended. (6). Disposition of large animals or livestock found at large, the Animal Control Authority shall be responsible for the disposition of livestock found at large in the City of College Station, and shall comply with the provisions of applicable state statutes concerning such disposition. (7). Animals subject to tests. Any animal that bites, scratches or attacks any person or persons shall be subjected to such tests as the City Health Officer, Chief of Police, or Animal Control Officer requires, including the destruction of such animal and an examination of the carcass. Such officials may require the owner of such an animal to confine it at a place designated for such period of time as may be reasonably necessary, not to exceed thirty (30) days. If the owner refuses to voluntarily confine such an animal for testing or observation, the animal may be taken into temporary custody pending the acquision of a warrant. II. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. III. And, it is ordained that this ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED and APPROVED this 28th ATTEST: City -Secr~ary -7-