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HomeMy WebLinkAbout1992-1970 - Ordinance - 08/27/1992ORDINANCE NO. 1970 AN ORDINANCE AMENDING CHAPTER 2, ANIMAL CONTROL, SECTIONS 1, 2, 3, and 4 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO ANIMAL CONTROL, AND PROVIDING AN EFFECTIVE DATE. That Chapter 2, Section 1, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "SECTION 1: PERMIT REQUIRED TO KEEP LIVESTOCK OR POULTRY WITHIN CITY LIMITS A. LIVESTOCK AND POULTRY DEFINED No person shall keep livestock or poultry within the limits of the City of College Station without first obtaining and thereafter keeping in force a permit permitting him to do so. The term livestock includes specifically but not exclu- sively horses, mules, asses, swine, cattle, sheep, goats, and rabbits; the term poultry includes specifically but not exclusively chickens, turkeys, geese, ducks, pigeons, and guineas. B. TERMS FOR GRANTING PERMITS Said permits shall be granted or allowed to remain in force only when the regulations as follows are observed: (1) The livestock and poultry shall be kept within struc- tures, enclosures, or tethered, and not permitted to run at large. The manure and debris incident to the maintenance and care of livestock or animals shall be scraped from roosts and floors and raked from pens or areas with such frequency as to prevent the same from serving as breeding places for insects and from emitting noxious odors. (3) The manure and debris scraped or raked as provided in paragraph (2) above, shall immediately be collected and either placed and kept in a waterproof and insect proof container until removed from the premises, or treated immediately and periodically thereafter with a chemical as directed by the manufacturer thereof that is manu- Ordinance No. 1970 Page 2 Cw factured and sold as an effective agent for preventing flies and other insects from breeding in manure and debris. (4) The inside walls, ceilings, roosts, and floors of the structure in which the livestock or poultry is housed shall be treated and kept treated with effective mate- rial manufactured and sold for the control of flies, mites, and lice and applied according to the manufac- turer's directions. The structure or enclosure within which the livestock or poultry are confined shall be not less than one hun- dred feet (100') from any dwelling house other than that occupied by the owner of the livestock or poultry. PROCEDURE FOR OBTAINING PERMITS The procedure and requirements for the granting and keeping in force of permits shall be as follows: (1) ADDlication Reauirements Any person desiring a permit permitting him to keep livestock or poultry within the city limits shall file an application with the City Manager or his delegate on a form provided by him for that purpose. Said application shall among other things call for: (a) The name and address of the applicant; the esti- mated average number and types of livestock or poultry to be kept; (b) A description of the structures and the facilities to be used for the enclosure of the livestock or poultry and for the disposal of the manure and de- bris incident to their maintenance and care; and, (c) The distance to the adjacent residence from the outside boundaries of the structure or fence in which the livestock or poultry are to be enclosed. (2) ADDlication Fee The appllcation shall be accompanied by a fee in an amount which shall be set by the City Council by reso- lution from time to time. Ordinance No. 1970 Page The applicant or permit holder shall pay a fee for all permit inspections, reinspections and inspections re- sulting from allegations of non-compliance. Such pay- ment shall be a condition of the permit. (3) Inspection of Facilities When an application has been filed in proper form, the city Manager or his delegate shall inspect the premises wherein the livestock or poultry are to be kept. If the premises are in compliance with the ordinance, the City Manager or his delegate shall issue a permit which shall be valid for a period of one year from the date of the inspection. (4) Variances (a) Variances to the terms of this ordinance may be granted by the Zoning Board of Adjustment. In the event of a request for variance, the City Manager or his delegate shall prepare an opinion as to whether the same is in compliance with the regula- tions and submit it to the board for its consider- ation. Prior to review by the board, the City Manager or his delegate shall notify in writing, by U.S. Mail, all property owners within two hundred feet (200') of the applicant's property. (b) The Zoning Board of Adjustment shall hold a hear- ing and provide all interested persons an opportu- nity to appear and present evidence. Upon the close of the hearing, the Zoning Board of Adjust- ment shall issue an order granting or denying the permit. (c) The Zoning Board of Adjustment, when so requested and after a hearing, may vary the application of any provision of this ordinance to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this ordinance or the public interest, and also finds all of the follow- ing: (i) Special conditions and circumstances exist that are peculiar and are not applicable to other property; (ii) Special conditions and circumstances that result from the action of the applicant; Ordinance No. 1970 Page 4 (iii) Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordi- nance~ (iv) Granting of the variance will be in the harmony with the general intent and pur- pose of this ordinance and will not be detrimental to the public health, safety and general welfare. (d) In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be com- menced and/or completed. In addition, the Board may prescribe appropriate conditions and safe- guards in conforming with this ordinance. Viola- tions of the conditions of the variance shall be deemed a violation of this ordinance. (5) Permit Renewals A permit shall be valid for one (1) year from the date of issuance. The same may be renewed by the filing of a renewal application from the City Manager or his delegate on a form provided by him for that purpose and the payment of a renewal application fee in the amount set by resolution from time to time. (6) Permit Violations: Hearinas by city Judae The City Manager or his delegate may make periodic in- spections at the permitted premises. As a condition of this permit, the permittee shall allow the City Manager or his delegate onto the premises for the purpose of inspection during normal business hours. Permittee shall pay a re-inspection fee, as set by resolution from time to time, whether the inspection is an annual permit renewal inspection or an unannounced inspection to ascertain whether the regulations as hereinbefore provided are being observed. If the City Manager or his delegate finds that the aforesaid regulations are violated, he may issue a citation for the permittee or applicant to appear in municipal court before the judge to answer such charges. If, after a hearing, the judge finds the aforesaid regulations have been violated, it shall then order the permit cancelled. Ordinance No. 1970 Page 5 D. EXEMPTIONS Pot-bellied pigs, which by habit or training live in asso- ciation with man, shall be exempt from the licensing requirement of this section. E. PENALTY FOR VIOLATIONS Violations of this section of the ordinance ished in accordance with Chapter 1, Section of Ordinances." shall be pun- 5 of this Code II. That Chapter 2, Section 2A, of the Code of Ordinances of the City of College Station, Texas, is hereby amended by re-wording sub- section (1) and by adding a definition for "ferret", "cat", "dog" and "pot-bellied pig" as sub-sections (14), (15), (16) and (17), all to read as follows: "A. DEFINITIONS (1) "Animal" shall mean any and all types of allowed ani- mals, male or female, singular and plural, warm or cold-blooded. (13) (14) (15) (16) (17) "Wild Animals" shall mean all undomesticated animals including, but not limited to, any form of lions, tigers, bears, wolves, apes, foxes, baboons, and all forms of poisonous reptiles, skunks, and squirrels. "Cat" shall mean any of domesticated forms of the species Felidae Fells catus or domesticus, a carnivo- rous mammal domesticated as a catcher of rats and mice and as a pet. "Dog" shall mean any of the domesticated forms of the species Canidae Canis familiaris, specifically exclud- ing any type of wolf hybrid. "Ferret" shall mean any form of the species, Mustela Putorius Furo. "Pot-bellied pig" shall mean any of the domesticated forms of the species Suidae Sus scrofa (miniature pigs under 200 pounds)." Ordinance No. 1970 Page 6 III. That Chapter 2, Section 2B, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "B. LICENSING All person maintaining animals on their premises are required to obtain licenses under the following terms and conditions: (1) Dogs, cats, and ferrets shall be licensed and obtain a rabies vaccination within four (4) months after the animal's birth. Pot-bellied pigs shall be licensed and obtain a erysipelas 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, cat or pot-bellied pig over four (4) months of age, except that this requirement shall not apply to a nonresident keeping a dog, cat, pot- bellied pig, or ferret, which is lawfully licensed and vaccinated elsewhere, within the City of College Station for no longer than sixty (60) days. New resi- dents must apply for a license within thirty (30) days of establishing residency. (2) The licensing authority shall designate, when practica- ble, licensed veterinarians to collect the annual licensing registration fee. A licensed veterinarian who has been so designated shall register dogs, cats, pot- bellied pigs, and ferrets, and collect the annual licensing registration fee under the following terms and conditions: (a) If a licensed veterinarian vaccinates a dog, cat, or ferret for rabies, he shall, when practicable, collect the annual llcensing registration fee, issue a rabies vaccination/license tag, and send to the licensing authority a copy of a form which shall include the following information: (i) Name and address of pet owner (ii) Description of the pet (iii) Date of vaccination (iv) Tag number (v) Other appropriate information Ordinance No. 1970 Page 7 (3) (4) (5) (b) If a licensed veterinarian vaccinates a pot- bellied pig for erysipelas, he shall, when practicable, collect the annual licensing registration fee, issue a erysipelas vaccination/license tag, and send to the licensing authority a copy of a form which shall include the following information: (i) Name and address of pet owner (ii) Description of the pet (iii) Date of vaccination (iv) Tag number (v) Other appropriate information (c) A licensed veterinarian who has been designated to collect the annual licensing registration fee shall have all necessary forms and tags for regis- tration provided to him by the licensing author- ity. The licensing authority shall establish a collection procedure for the fees, a format for the tags, and shall record all dogs, cats, pot- bellied pigs, and ferrets registered, the name of the owner, and other appropriate information. Tags furnished by the licensing authority shall be of durable material. A tag issued for a dog, cat, pot- bellied pig, or ferret must be attached to the collar of the animal and must be worn at all times. Tags are not transferable. A record of all tags issued shall be maintained by the licensing authority, and such records shall be available to the Animal Control Authority. Records are to be kept for five (5) years. Except as otherwise provided, the licensing period shall be for one year. Each applicant shall pay the appropriate fee annually and shall supply all informa- tion reasonably requested on forms supplied by the licensing authority. Upon receipt of the appropriate forms and payment of the scheduled fee, the licensing authority shall pro- vide a tag for dogs, cats, pot-bellied pigs, and fer- rets vaccinated by a veterinarian other than one who has been designated to register dogs, cats, pot- bellied pigs, and ferrets; in which case, the tag will be valid until the rabies or erysipelas vaccination is due again by State Law or ordinance. Ordinance No. 1970 Page 8 (6) (7) Bona fide raisers and breeders of dogs, cats, pot- bellied pigs, or ferrets strictly for a hobby shall make application with the Animal Control Authority for permission to keep or harbor more than four (4) dogs, cats, pot-bellied pigs, or ferrets three (3) months of age or older. The Animal Control Authority shall issue a permit for one year to the applicant upon the follow- ing information being furnished and the listed condi- tions being satisfied: (a) The average number of dogs, cats, pot-bellied pigs, and ferrets to be kept or housed. (b) The purpose for the keeping or harboring of the dogs, cats, pot-bellied pigs, and ferrets. (c) That the dogs, cats, pot-bellied pigs, and fer- rets are to be housed in cages or pens inside a residence or completely enclosed area. (d) That the dogs, cats, pot-bellied pigs, and fer- rets are kept or harbored so as to not be a nui- sance or detriment to adjoining or adjacent neigh- bors. (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 dis- turbed. (f) The cages or pens are to be maintained in a sani- tary condition so as to not create any hazards to the general health and welfare of the community. (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 require- ments being violated. The licensing authority may revoke any permit or license if the person holding the permit or license re- fuses 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 applica- tion as provided below. A former licensee may appeal the revocation of a license to the City Manager or to Ordinance No. 1970 Page 9 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 administra- tive 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." IV. That Chapter 2, Section 2D, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "D. HAREORING WILD ANIMALS (1) It shall be unlawful to keep or harbor any wild animal within the City, except zoos which have proper facili- ties for restraint and care of these animals. (2) Any person seeking to keep or harbor any animal that is not a dog, cat, pot-bellied pig or ferret may have a determination made as to whether the animal is wild as defined herein. The applicant shall submit a request for consideration to the City Manager or his delegate, who shall review the application, seek information as to the nature and domesticity of the animal prior to ruling on the application. In the event that the ap- plicant disagrees with the interpretation and decision of the City Manager or his delegate he may appeal to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall review the evidence presented before it and make a decision as to whether the animal is wild as defined herein. A decision by the Zoning Board of Adjustment is final and may only be reviewed by a court of record on the substantial evidence rule." That Chapter 2, Section 2, of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a para- graph H to read as follows: "H. PENALTY FOR VIOLATIONS Violations of this section of the ordinance shall be pun- ished in accordance with Chapter 1, Section 5 of this Code of Ordinances." Ordinance No. 1970 Page 10 VI. That Chapter 2, Section 3, of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: "SECTION 3: BREEDING, SALE, DOMICILIARY CARE, AND RENTAL OF ANIMALS AND FOWL IN COMMERCE A. DEFINITIONS Definition of terms, as used in this section, are as follows: (1) Breeder shall mean any person, firm, or corporation breeding for sale a volume of animals or fowl as set out below. (a) Ail fowl and those animals having a gestation period of one hundred eighty (180) days or less and creating an annual volume of twenty-five (25) or more such fowl or animals. (b) Ail animals having a gestation period in excess of one hundred eighty (180) days and creating an annual volume of five (5) or more such animals. (2) Retailer or Wholesaler shall mean any person, firm, or corporation which shall offer for sale or resale any animals or fowl, as defined herein, in a volume of twenty-five (25) or more such animals or fowl per annum or by-product thereof. (3) Caretaker shall mean any person, firm, or corporation, other than a duly permitted veterinarian in the pursuit of his profession, which shall provide safekeeping, shelter, or care of animals or fowl for value received, either for money or services or both, and shall have in his custody five (5) or more such animals or fowl at any one (1) time during any one (1) calendar year. (4) Renter shall be any person, firm, or corporation which shall offer to the public the use or services of any animal or fowl whatsoever. (5) Animal shall mean any and all types of animals, exclud- ing wild animals, male or female, singular and plural, warm or cold-blooded. (6) Fowl shall mean any and all types of fowl, both domes- ticated and wild, male or female, singular or plural. Ordinance No. 1970 Page 11 (7) Wild Animals shall mean all undomesticated animals in- cluding, but not limited to, any form of lions, tigers, bears, wolves, apes, foxes, baboons, and all forms of poisonous reptiles, skunks, and squirrels. LICENSING REOUIREMENTS Any person, firm, or corporation falling into one (1) or more of the categories defined in subsection A(1) through (4) above shall make application annually, during the month of January or the month in which business was or is to be commenced, for permit or re-permitting to engage in such endeavor. (1) ADDlication Reauirements Said application shall, among other things, call for the name and address of the business and of the owner thereof; the estimated average number of animals or fowl involved; a description, plat and pictures of the structures and facilities to be used for the enclosure of such animals or fowl and method for the disposal of manure and debris incident to their maintenance and care; and the distance to adjacent human occupied structures from the outside boundaries of the structure or enclosure in which such animals or fowl are to be enclosed. (2) AmDlication Fee The application shall be accompanied amount which shall be set by the City lution from time to time. by a fee in an Council by reso- The applicant or permit holder shall pay a fee for all permit inspections, reinspections and inspections re- sulting from allegations of non-compliance. Such pay- ment shall be a condition of the permit. (3) Inspection of Facilities When an application has been filed in due form, the City Manager or his delegate shall inspect the facili- ties wherein the animals or fowl are to be kept. If the premises are in compliance with the ordinance, the City Manager or his delegate shall issue a permit which shall be valid for a period of one year from the date of the inspection. Ordinance No. 1970 Page 12 (4) Variances (a) Variances to the terms of this ordinance may be granted by the Zoning Board of Adjustment. In the event of a request for variance, the City Manager or his delegate shall prepare an opinion as to whether the same is in compliance with the regula- tions and submit it to the board for its consider- ation. Prior to review by the board, the City Manager or his delegate shall notify in writing, by U.S. Mail, all property owners within two hundred feet (200~) of the applicant's property. (b) The Zoning Board of Adjustment shall hold a hear- ing and provide all interested persons an opportu- nity to appear and present evidence. Upon the close of the hearing, the Zoning Board of Adjust- ment shall issue an order granting or denying the permit. (c) The Zoning Board of Adjustment, when so requested and after a hearing, may vary the application of any provision of this ordinance to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this ordinance or the public interest, and also finds all of the follow- ing: (i) Special conditions and circumstances exist that are peculiar and are not applicable to other property; (ii) Special conditions and circumstances that result from the action of the applicant; (iii) Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordi- nance; (iv) Granting of the variance will be in the harmony with the general intent and pur- pose of this ordinance and will not be detrimental to the public health, safety and general welfare. (d) In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be com- Ordinance No. 1970 Page 13 menced and/or completed. In addition, the Board may prescribe appropriate conditions and safe- guards in conforming with this ordinance. Viola- tions of the conditions of the variance shall be deemed a violation of this ordinance. (5) Permit Renewals A permit shall be valid for one (1) year from the date of issuance. The same may be renewed by the filing of a renewal application from the City Manager or his delegate on a form provided by him for that purpose and the payment of a renewal application fee in the amount set by resolution from time to time. (6) Permit Violations= Hearings by city Judge The City Manager or his delegate may make periodic in- spections at the permitted premises. As a condition of this permit, the permittee shall allow the City Manager or his delegate onto the premises for the purpose of inspection during normal business hours. Permittee shall pay a re-inspection fee, as set by resolution from time to time, whether the inspection is an annual permit renewal inspection or an unannounced inspection to ascertain whether the regulations as hereinbefore provided are being observed. If the City Manager or his delegate finds that the aforesaid regulations are violated, he may issue a citation for the permittee or applicant to appear in Municipal Court before the judge to answer such charges. If, after a hearing, the judge finds the aforesaid regulations have been violated, it shall then order the permit cancelled. (7) Exemptions from Permit Fee Youth programs shall be exempt from the permit fee. C. PENALTY FOR VIOLATIONS Violations of this section of the ordinance ished in accordance with Chapter 1, Section of Ordinances." shall be pun- 5 of this Code VII. That Chapter 2, Section 4A, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Ordinance No. 1970 Page 14 "A. DEFINITIONS (1) "Animal" shall mean any and all types of animals, both domesticated and wild, male or female, singular and plural, warm or cold-blooded. (2) "Guard Dogs" shall mean any of the domesticated forms of the species Canidae Canls familiaris maintained within secured designated premises for the purposes of protecting life and property. (4) "Wild Animals" shall mean all undomesticated animals including, but not limited to, any form of lions, tigers, bears, wolves, apes, foxes, baboons, and all forms of poisonous reptiles, skunks, and squirrels." VIII. That Chapter 2, Sections 4C(1) and 4C(2), of nances of the City of College Station, Texas, to read as follows: the Code of Ordi- are hereby amended "C. PROCEEDINGS (1) Any animal not in compliance herewith may be taken into custody by the Animal Control Authority or member of the Police Department and impounded in the animal shel- ter in a humane manner for a period of not less than three days, upon payment of all requisite fees, and un- less a complaint has been filed in the Municipal Court pursuant to Section C. In the event that there has been human injury no animal may be released until there is a final court order with regard to the viciousness of the animal. The owner shall be responsible for all impoundment fees in the event that the animal is deter- mined to be vicious. No wild animal will be returned within the City limits. (2) Court proceedings against animal owner. If an animal is impounded, the Animal Control Authority or member of the Police Department, or a complaining citizen may institute proceedings in the Municipal Court on behalf of the City against an animal owner, if known, charging the owner with violation of this ordinance. (a) Nothing herein shall be construed as preventing the Animal Control Authority, a member of the Police Department, or a complaining citizen from Ordinance No. 1970 Page 15 (b) instituting a proceeding in the Municipal Court for violation of this section where there has been no impoundment. When an animal is in violation of this section, and its ownership is known to the Animal Control Authority or police officer investigating, such animal need not be impounded if no human injury has occurred, but such authority may issue a com- plaint and the court may summons the owner to appear in Municipal Court to answer charges of violation of this ordinance. This provision shall not apply where the animal has caused an injury." IX. That Chapter 2, Section 4E, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "E. PENALTY FOR VIOLATIONS Violations of this section of the ordinance ished in accordance with Chapter 1, Section of Ordinances." shall be pun- 5 of this Code This ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED and APPROVED this the 27th day of August, APPROVED: 1992.