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.