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HomeMy WebLinkAbout1987-1706 - Ordinance - 05/14/1987ORDINANCE NO. 1706 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF COL- LEGE STATION, TEXAS, BY EXPANDING CHAPTER 2, ANIMAL CONTROL, TO INCLUDE A NEW SECTION 4 PERTAINING TO VICIOUS ANIMALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA- TION, TEXAS: That Chapter 2, Animal Control, of the Code of Ordinances of the City of College Station is hereby expanded by addino a new sec- tion to be numbered Section 4, pertaining to the keepina of vi- cious animals and penalties therefor, which said section shall read as follows: "SECTION 4: VICIOUS ANIMALS A. DEFINITIONS (1) "Animal" shall mean any warm-blooded, carnivorous or om- nivorous, wild or exotic animal (including but not lim- ited to nonhuman primates, raccoons, skunks, foxes, and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory pur- poses). (2) "Guard Doss" shall mean doos maintained in secured des- ignated premises for the purposes of protecting life and property. (3) "Vicious Animals" shall mean: (a) any animal that without clear provocation, bites or attacks or in a vicious or terrorizing manner ap- proaches in an apparent attitude of attack whether or not the attack is consummated or capable of be- ing consummated, (b) any animal which because of its vicious propensity is capable of inflicting serious physical harm or Heath to a human and which would constitute a dan~er to human life or property, - 1 005000 (c) any animal which has previously attacked or bitten a human being other than the type of circumstances that would be justifiable under Section D of this ordinance. (d) any animal which has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to at- tack or bite human beings other than the type which would be justified under Section D of this ordi- nance. B. PROHIBITIONS (1) It shall be un]awful for any person to keep or harbor a vicious animal. (2) It shall be unlawful for any person to leave any Guard dog unattended in any place, in or out of any building, unless a warning sign has been placed in a clearly visi- ble location at the premises located so that it can be seen by any person before entering the place to which the dog has access, warning that a guard dog is pres- ent. No guard doc shall be left unattended in any place, except inside a building or other structure, that will not allow the dog to exit such building on its own volition. No Guard dog shall be let out of doors unless it is in a fenced yard with a fence adeouate to prevent the dog from leaving the premises. C. PROCEEDINGS (1) Any animal not in complaince herewith may be taken into custody by the animal control authority or member of the police department and impounded an the animal shelter in a humane manner for a period of not less than three (3) days, unless eariler claimed upon payment of all reoui- site fees and unless a complaint has been filed in the Municipal Court pursuant to Section C, (2) Court proceedinos aqainst animal owner. If an animal is impounded, the animal control authority may institute proceedings in the municipal court on behalf of the city, aoainst the animal owner, if known, charging the owner with violation of this ordinance. (i) Nothing herein shall be construed as preventing the animal control authority, a member of the police - 2 - 005001 department, or a complainina citizen from institut- ino a proceedina in the municipal court for viola- tion of this section where there has been no im- poundment. (ii) When an animal is in violation of this section, and its ownership is known to the animal control auth- ority or police officer investiaatina, such animal need not be impounded if no human injury has occur- red but such authority may issue a complaint and the court may summons the owner to appear in muni- cipal court to answer charaes of violation of this ordinance. (3) Court findings; release of animal under this section. If a complaint bas been filed in the municipal court against the owner of the animal impounded for violation of this section, whether filed by a complainin~ citizen or by the animal control authority or member of the po- lice departme,t, the animal shall not be released from impoundment or disposed of except on the order of the municipal judge, who may also direct the owner to pay all impoundment fees, boardina fees, and treatment charges in addition to any penalties for violation of this section. (i) Surrender of any animal by the owner thereof to the animal control authority shall not relieve or ren- der the owner immune from the decision of the court or from the fees and fines that may result from a violation of this ordinance. (ii) The municipal judge may upon makfn~ a findin~ that such animal is vicious, pursuant hereto, order the animal to be destroyed in a humane manner under the supervision of the Animal Control Authority. DEFENSES It is a defense to prosecution that an animal which has attacked, bitten, or taken an apparent attitude of attack did so when it was not unreasonable to conclude that it, the ani- mal, was actinq in defense of itself, a third person, or property. PENALTY Failure to comply with the provisions of this section shall result in bein~ subject to a fine of not less than Twenty - 3 - 005002 Dollars ($20.00) per day nor more than One Thousand Dollars ($1,000) per day as provided by the Penal Code." II. SAVINGS CLAUSE Should any section, sentence, clause, phrase or word of this ord- inance be declared unconstitutional or otherwise invalid for any purpose, the remainder of the ordinance shall not be affected thereby. III. REVOCATION CLAUSE Any prior ordinances or provisions therein in conflict with this ordinance are hereby revoked. PASSED, ADOPTED and APPROVED this 14th day of May, ]987. ATTEST: . %. / Dian J?fi.~%~]~--~C~y Secretary APPROVED: - 4 005003