HomeMy WebLinkAbout1983-1421 - Ordinance - 04/28/1983ORDINANCE NO. 1421
AN ORDINANCE AMENDING CHAPTER II, SECTION 2 OF THE CODE OF
ORDINANCES, CITY OF COLLEGE STATION PROVIDING FOR THE
ESTABLISHMENT OF FEES BY RESOLUTION, PROVIDING FOR HUMANE CARE
AND TREATMENT OF ANIMALS, ADOPTING THE RABIES CONTROL ACT AND THE
ANIMAL SHELTER ACT, REPEALING INCONSISTENT ORDINANCES, PROVIDING
A PENALTY, PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, that Chapter II, Section 2 of the Code of
Ordinances of the City of College Station is hereby repealed and
the following substituted in place thereof.
SECTION 2: ANIMALS AND FOWL REGULATED
A. DEFINITIONS
(1). "Animal" shall mean any and all types of animals,
both domesticated and wild, male and female, singular and plural.
(2). "Fowl" shall mean any and all fowl, domesticated and
wild, male and female, singular and plural.
(3). "Abandonment" means to desert or to leave without
care.
(4). "Animal Control Authority" means the person or
persons designated by the City Manager to enforce this article.
(5). "Animal shelter" means that
recognized by the C~ty of College Station
impounding and caring for animals.
facility designated or
for the purpose of
(6). "Humane manner" means care of an animal to include
but not limited tO ventilation and sanitary shelter, food and
water consistent w-ith normal requirements and feeding habits of
the animal's size, species and breed.
(7). "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.
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(8). "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.
(9). "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.
(10). "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.
(11). "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.
(12). "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.
B. LICENSING
Ail 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 elsewhere within the City of College Station for no
longer than sixty (60) days.
(2). Persons desiring a dog or cat license shall make
application to the licensing authority on forms provided for that
purpose and shall supply all information reasonably requested
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Ordinance No. 1421 Page 3
thereon.
'(3). A person making application shall present a
certificate from a licensed veterinarian in accordance with Texas
State Rabies Law.
(4). The licensing period shall be for one year. License
renewal may be applied for within sixty (60) days prior to the
expiration date. New residents must apply for a license within
thirty (30) days of establishing residence.
(5). Each applicant shall pay a license fee annually.
(6). Upon acceptance of the license application and fee,
the licensing authority shall issue a durable license tag,
including an identifying number and year of issuance. Both
rabies and license tags must be attached to the collar of all
dogs and cats. Tags must be worn at all times and are not
transferable. Licensing authority shall maintain a record of all
licenses issued, and such records shall be available to the
animal control authority. Records are to be kept for five years.
(7). 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 to not be a nuisance
or detriment to adjoining or adjacent
neighbors.
(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 disturbed.
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Ordinance No. 1421 Page 4
(f)
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 come, unity.
(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
requirements being violated.
(8). 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 administrative 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.
C. OWNER RESPONSIBILITY
(1). An owner commits an offense if by criminal negligence
he permits an animal to go at large upon the premises of others
or upon the streets and other ways of the City.
(2). Every vicious animal shall be confined by its owner
within a building or secure enclosure and shall be securely caged
whenever off the premises of its owner. An animal control
Officer or any other peace officer may restrain or destroy an
animal which poses an immediate threat of physical harm to
persons or domestic animals.
(3). An owner commits an offense if by criminal negligence
he allows his animal to create a nuisance as defined herein.
(4). Violation of the above sections shall constitute a
misdemeanor and upon conviction thereof shall be punishable by a
fine of not less than $30.00 or more than $200.00.
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Ordinance No. 1421 Page 5
D. HARBORING WILD ANIMALS
(1). It shall be unlawful to keep or harbor any wild
animal within the city, except pursuant to a special permit
issued in accordance with Section 2, Subsection B(7) of this
ordinance, the words "dog" or "cat" to be read "wild animal(s)"
in this instance; commercial establishments dealing in the sale
of these animals and zoos that have proper facilities for
restraint and care of these animals are not covered by this
prohibition.
(2). The Animal Control Authority and the City Health
Officer or his deputy may set up conditions under which it would
be permissible to keep or harbor wild animals in the city on a
temporary basis.
E. IMPOUNDMENT
(1). Any animal found running at large shall be impounded
by the Animal Control Authority in an animal shelter and confined
in a humane manner. Immediately upon impounding an animal, the
Animal Control Authority shall make every reasonable effort to
notify the owner and inform such owner of the conditions whereby
custody of the animal may be regained. Animals not claimed by
their owners within a period of three (3) full days in which the
shelter is open to the public shall become the property of the
City of College Station. The City of College Station shall be
entitled to dispose of such animals by adoption, humane
euthanization or in such manner as previously agreed upon between
the City and the owner of the animal hospital or shelter.
(2). The Animal Control Authority shall have the right to
pursue and apprehend animals onto unenclosed private property
without first requesting permission from the owner of said
property before entering that property or without obtaining a
search warrant. No entry shall be made into an enclosure without
a warrant.
(3). When a animal is found running at large and its
ownership is verified by the Animal Control Authority, the
authority may exercise the option of serving the owner with a
citation in lieu of impounding the animal. The City establishes a
prima facie case of animal at large by proving the ownership of
the animal and that it was running at large.
(4). In the event that the Animal Control Authority finds
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Ordinance No. 1421 Page 6
animals to be suffering, it shall have the right forthwith to
remove or cause to have removed any such animals to a safe place
for care at the owner's expense or to euthanize them when
necessary to prevent further suffering. Removal shall be
pursuant to warrant unless the conditions require immediate
action to protect the animal's life. Return to the owner may be
withheld until the owner shall have made full payment for all
expenses so incurred and provided for lawful care and feeding.
(5). Disposal of an animal by any method specified herein
does not relieve the owner of criminal responsibility for
violations by this ordinance and any accrued administrative
charges.
F. REDEMPTION
(1). Any animal impounded may be redeemed by the owner
thereof within three (3) full days in which the shelter is open
to the public upon payment of an impoundment fee. Provided that
if any such animal has been previously impounded, the impoundment
fee shall be raised. Payment of impoundment fees is not
considered to be in lieu of any fine, penalty or license fees.
(2). Any animal confined for rabies quarantine, evidence,
or other purpose may be redeemed by the owner thereof upon
payment of a fee.
(3). No animal required to be licensed or vaccinated under
this article may be redeemed until provisions for such licensing
and vaccination have been fulfilled.
G. MISCELLANEOUS PROVISIONS
(1). No person shall interfere with, hinder or molest any
agent of the Animal Control Authority in the performance of their
duty as herein provided. Any person violating this section shall
be deemed guilty of a misdemeanor.
(2). Abandonment. It shall be unlawful to abandon any
animal in the City of College Station.
(3). No person shall keep or harbor more than four (4)
dogs or cats three (3) months of age or older, or any combination
thereof, on any premises zoned for residential use, provided for
in Article 6 of Section II.
(4). Upon attack by a vicious animal, any person,
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Ordinance No. 1421 Page 7
including an Animal Control Officer or peace officer, can defend
self or third persons at their discretion, taking such means as
are necessary in such situation.
(5). This article adopts the provisions of the Rabies
Control Act and the Animal Shelter Act, as contained in the
statutes of Texas, as from time to time amended.
(6). Disposition of large animals or livestock found at
large, the Animal Control Authority shall be responsible for the
disposition of livestock found at large in the City of College
Station, and shall comply with the provisions of applicable state
statutes concerning such disposition.
(7). Animals subject to tests. Any animal that bites,
scratches or attacks any person or persons shall be subjected to
such tests as the City Health Officer, Chief of Police, or Animal
Control Officer requires, including the destruction of such
animal and an examination of the carcass. Such officials may
require the owner of such an animal to confine it at a place
designated for such period of time as may be reasonably
necessary, not to exceed thirty (30) days. If the owner refuses
to voluntarily confine such an animal for testing or observation,
the animal may be taken into temporary custody pending the
acquision of a warrant.
II.
Should any section, paragraph, sentence, clause, phrase or
word of this ordinance be declared unconstitutional or invalid
for any purpose, the remainder of this ordinance shall not be
affected thereby.
III.
And, it is ordained that this ordinance shall become
effective from and after its passage in accordance with the City
Charter of the City of College Station.
PASSED and APPROVED this 28th
ATTEST:
City -Secr~ary
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