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HomeMy WebLinkAbout1985-1580 - Ordinance - 03/28/1985ORDINANCE NO. 1580 AN ORDINANCE ANENDING CHAPTER 2, SECTIONS 2.A and 2.B OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO ANIMAL LICENSING PROCEDURES AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA- TION, TEXAS, That Chapter 2, Section 2.A of the Code of Ordinances, City of College Station, Texas, is hereby amended to read as follows: "A. DEFINITIONS (1) "Animal" shall mean any and all types of animals, both domesticated and wild, male and female, singular and plural. (2) (3) (4) (5) (6) (7) (8) "Fowl" shall mean any and all fowl, domesticated and wild, male and female, singular and plural. "Abandonment" means to desert or to leave without care· "Animal Control Authority" means the person or persons designated by the City Manager to enforce this article. "Animal shelter" means that facility designated or recognized by the City of College Station for the purpose of impounding and caring for animals. "Humane manner" means care of an animal to include but not limited to ventilation and sanitary shelter, food and water consistent with normal requirements and feeding habits of the animal's size, species and breed. "Licensed veterinarian" means any person duly licensed as a veterinarian by the State of Texas. "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- 004448 (9) "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. (10) "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. (11) "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. (12) "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. (13) "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." II. That Chapter 2, Section 2.B of the Code of Ordinances, City of College Station, Texas, is hereby amended to read as follows: "B. LICENSING All 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 -2- 004447 (2) (3) (4) elsewhere within the City of College Station for no longer than sixty (60) days. New residents must apply for a license within thirty (30) days of establishing residency. The licensing authority shall designate, when practic- able, licensed veterinarians to collect the annual li- censing registration fee. A licensed veterinarian who has been so designated shall register dogs and cats and collect the annual licensing registration fee under the following terms and conditions: (a) If a licensed veterinarian vaccinates a dog or cat for rabies, he shall collect the annual licensing 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 (b) A licensed veterinarian who has been designated to collect the annual licensing registration fee shall have all necessary forms and tags for registration provided to him by the licensing authority. The licensing authority shall establish a collection procedure for the fees, a format for the tags, and shall record all dogs and cats 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 or cat 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 author- ity; and such records shall be available to the animal control authority. Records are to be kept for five years. Except as otherwise provided, the licensing period shall be for one year. Each applicant shall pay the appropri- -3- O04448 (5) (6) ate fee annually and sonably requested on authority. shall supply all information rea- forms supplied by the licensing Upon receipt of the appropriate forms and payment of the scheduled fee, the licensing authority shall provide a tag for dogs and cats vaccinated by a veterinarian other than one who has been designated to register dogs and cats; in which case, the tag will be valid until the rabies vaccination is due again by State Law. 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 not be a nuisance or detriment to adjoining or adjacent neighbors. to (e) (f) (g) That the dogs shall not bark or howl or create noises that cause the peace and quiet of the neigh- borhood of the adjacent premises to be disturbed. 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 community. The Animal Control Authority or his duly dele- gated 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. -4- (7) 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 adminis- trative 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." III. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED AND APPROVED this the 28th ATTEST: City Secret~,~ __ day of March. , 1985. GARY -H~,~R, MAYOR / -5- 00 450