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HomeMy WebLinkAbout1963-0384 - Ordinance - 11/26/19632 0 J ORDINANCE NO. 384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ORDERING THE SUBMISSION OF AN ORDINANCE REGULATING ANIMALS AND FOWL RUNNING AT LARGE AND PROVIDING FOR IMPOUNDING AND FOR THE SALE OR DISPOSITION OF IMPOUNDED ANIMALS, TO THE ELECTORATE OF THE CITY OF COLLEGE STATION, TEXAS, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 7, 1964, PROVIDING FOR NOTICE OF THE ELECTION, POLLING PLACES AND JUDGES, PRESCRIBING THE FORM OF THE BALLOT AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, that an ordinance for impounding of animals and fowl be submitted by the City Council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at a special municipal election on January 7, 1964, which said ordinance shall read as follows: ORDINANCE NO. g AN ORDINANCE REGULATING ANIMALS AND FOWL RUNNING AT LARGE, PROVIDING FOR It IMPOUNDING AND FOR SATS' OR DISPOSITION OF IMPOUNDED ANIMALS. BE IT ORDAINED by the City Council of the City of College Station: Z. I. Definition of Terms. As used in this ordinance, BOORUM & PEASE (a) "Animal" shall mean any and all types of animals both domesticated and wild, male and female, singular and plural. (b) "Fowl" shall mean any and all fowl, domesticated and wild, male and female, singular and plural. (c) "At Large" shall mean off the premises of the owner or custodian of the animal or fowl, and not under the immediate control of the owner or custodian. II. Animals and Fowl Not to be Permitted at Large. No person owning or having in his custody animals or fowl shall permit same to go at large to the injury or annoyance of others, nor shall such animals or fowl be permitted at large upon the streets or other public ways of the city. Such action is declared to be a nuisance and dangerous to the public health and safety. III. Property Owner May Impound. Any person finding any animal or fowl upon his property to his injury or annoyance may take up same and remove it to any private or other animal shelter that will take possession of it. If no such shelter is available he may hold the animal or fowl in his own possession, and as soon as possible notify the police department of this custody, giving a description of the animal or fowl and the name of the owner if known. IV. Police to Take Possession. The police department as soon as possible after receiving notice will dispatch an officer to appear at the premises and take possession of the BOORUM & PEASE "Noa R" BOORUM & PEASE "N i t i" animal or fowl. V. Return to Owner. If the officer has or with reasonable dispatch can obtain the name of the owner or custodian of the animal or fowl, he will return it to the residence address. If there is no one at the address, he will leave a notice where the owner or custodian may reclaim the property. He will then proceed to the nearest animal hospital or shelter which will accept the animal or fowl and leave it. VI. Owner to Pay Board for Animal. The owner or custodian who redeems an animal or fowl from an animal hospital or shelter will pay a board bill on a per diem basis in an amount previously agreed to between the city and the owner of the hospital or shelter, but in no event shall such payment be less than $3.00. VII. Disposition if Owner Not Found. Any officer or designated person picking up an animal or fowl and after reasonable diligence is unable to find who owns or has the custody of it, will take it to the nearest animal hospital or shelter and leave it. VIII. Officer May Impound. Any police officer or other person designated by the City for such purpose is authorized to capture and impound any animal or fowl found at large, impounding to be in accordance with the procedure authorized by this ordinance. In the event capture cannot be effected promptly, this officer or person is authorized to destroy the animal or fowl. IX. Disposition of Unredeemed Animals. Any animal or fowl not redeemed within 72 hours will be disposed of in such manner as prevously agreed upon between the City and owner of the animal hospital or shelter. The owner of the hospital or shelter is made an agent of the City for this purpose, and his actions in this regard are declared to be a governmental purpose. X. Disposition of Large Animals. Should any officer or designated person upon call or upon his own initiative pick up a large animal such as a horse, cow, or mule or any other animal that is not acceptable by an animal hospital or shelter, is authorized to call a trucking firm or company. The firm or company will convey the animal outside the corporate limits to one of the farms which has a working agreement with the City to handle such cases. The disposi- tion of the animal in this case shall be handled in the same manner as though it were in an animal hospital or shelter. XI. Ordinance Number 218 dated February 25, 1957, is hereby repealed. BOORUM & PEASE "N J J " ® Section I That the above ordinance shall be submitted to the qualified voters within the City of College Station, Texas, for acceptance or rejection at a special municipal election following the adoption of this ordinance. At such election the ordinance above set out shall be submitted under the question: "Do you favor the adoption of an ordinance which will prohibit animals, including dogs, and fowl from running at large and providing for impounding and for disposition of animals and fowl which are not confined?" Section II Polling places shall be as follows: Ward I. A & M Consolidated School with L. G. Jones as judge; Ward II. College Hills Elementary School with F. L. Thomas as judge; Ward III. City Hall with F. H. Mathews as judge. Judges of the various polling places will appoint whatever number of clerks they deem necessary to conduct the election. Polls shall be opened at 5:00 a.m. and closed at 7:00 p.m. Section III The form of the ballot to be used shall be substantially as follows: "Do you favor the adoption of an ordinance which will prohibit animals, including dogs, and fowl from running at large and providing for impounding and for disposition of animals and fowl which are not confined?" For the Ordinance Against the Ordinance Those desiring to vote in favor of the proposed ordinance submitted shall strike out the work "against the ordinance" and those desiring to vote against such ordinance shall strike out the word "for the ordinance". The City Secretary is hereby ordered and directed to mail a copy of the proposed ordinance to each qualified voter of the City of College Station, Texas, as such list appears from the tax rolls from said City of College Station for the year ending December 31, 1962, preceding said election which notice shall be mailed out not less than thirty (30) days prior to said election as provided by Article 1167 of the Revised Civil Statutes of Texas. A copy Station, Texas, Station, Texas, such election. Section IV of this ordinance signed by the mayor of the City of. College and attested by the city secretary of the City of College under the seal of said city shall serve as a notice of The mayor is hereby ordered and directed to cause a notice BOORUM & PEASE "N©I ' BOORUM & PEASE "NR" of said election to be posted in the City Hall of the City of College Station, Texas, and at two other public places in the City of College Station, Texas, for at least thirty full days prior to the date of said election. The mayor is further directed to have notices of said election published in said city, which notice shall be published on the same day for one day each week for two successive weeks prior to said election, the first of said notices to appear not less than 14 days prior to the date of such election. Section V The fact that there are many animals and fowl in College Station, whose status at the present time is not clear, creates an emergency and an imperative public necessity for the suspension of any rules requiring ordinances to be read at more than one meeting, and any such rules are hereby suspended, and it is ordained that this ordinance shall take effect immediately upon its passage and approval. PASSED, ADOPTED and APPROVED this 26th day of November, 1963. ATTEST: A(/' M7 City Secretary APPROVED: i-7;444,jr1/ Mayor 00930