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HomeMy WebLinkAboutOrdinances (O-07-1646)-11/27/2007ORDINANCE 0-07-1646 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES, CHAPTER 14 ANIMALS, REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Colleyville has determined that it is a necessity to regulate activities as provided for herein to safeguard the public; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville and to ensure the humane treatment of animals, the safe and efficient flow of vehicular traffic and the regulation of commercial horse-drawn carriages within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT a new section titled "Commercial Horse-Drawn Carriages" shall be added to this chapter. Sec. 3. THAT Chapter 14 Animals, is hereby amended in its entirety by the following changes and additions: "Chapter 14 Animals" Sec. 14-1 Definitions Ordinance 0-07-1646 Page 2 of 8 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal warden means any peace officer or police officer of the City, or any person appointed by the City Manager to enforce this chapter, together with any deputy thereof. At large means a dog that is not confined inside the owner's house or to the premises of the owner by a suitable fence of such sufficiency to prevent the dog from escaping therefrom, or secured on such premises by a leash of sufficient strength to prevent the dog from escaping from the premises and so arranged that the dog will remain upon the premises when the leash is stretched to full length in any direction. Provided, however, that a dog shall not be considered "at large" when held and controlled by some person, or restrained by means of a leash or chain of proper strength and length to control the actions of the dog, or while confined within a vehicle. City pound means and includes such area or portion of the City designated for the purpose of holding or restraining animals, and such other areas within or without the City, including veterinary hospitals, the Humane Society, or the pounds of other municipalities, as from time to time may be designated by the City Manager. Dog means a domesticated animal that is a member of the canine family. Dangerous dog means a dog that: (1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Dangerous wild animal as used in this chapter shall mean and include any mammal, amphibian, reptile, or fowl, which is not naturally tame or gentle, but is of a wild nature or disposition and which because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property. Wild animals shall include, but shall not be limited to lion, tiger, ocelot, cougar, panther, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, wolf, coyote, fox, jackal, baboon, chimpanzee, orangutan, gorilla, alligator, crocodile, elephant, rhinoceros, non-descented skunks and Ordinance 0-07-1646 Page 3 of 8 ,all forms of poisonous reptiles and other animals or any hybrid of an animal listed in this 'subdivision. Horse means any member of the species Equus Caballus. Horse-Drawn Carriage means a chauffeured non-motorized vehicle drawn by a horse and used to transport persons for hire that typically operates in designated areas or on approved routes. Secure enclosure means a fenced area or a structure that is: (1) locked; (2) capable of preventing the entry of the general public, including children; (3) capable of preventing the escape or release of a dog; (4) clearly marked as containing a dangerous dog; and (5) in conformance with the requirements for enclosures established by the animal warden. Owner means any person who owns or has custody or control of the animal or animals. Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Sec. 14-27. Commercial Horse-Drawn Carriages. (a) The City shall maintain the exclusive authority to grant a permit to one or more entities or companies to provide horse-drawn carriage service within certain defined locations in the City and pursuant to the terms and conditions of said permit. The conditions for granting ahorse-drawn carriage permit are as follows: (1) The Director of Public Works, hereafter referred to as Director, shall be responsible for the issuance of any horse-drawn carriage permit and implement and enforce this section and may, by written order, establish such rules or regulations, not inconsistent with this section, as the Director determines are necessary to discharge any duty under this section. Ordinance 0-07-1646 Page 4 of 8 (2) In order to obtain horse-drawn carriage permit, a person must submit a request in writing to the Director. The applicant must be the person who will own, control, or operate the proposed horse-drawn carriage service. The written request shall contain the following: (A) the name, address, and verified signature of the applicant; (B) a description of the proposed service, including routes, rates or fares to be charged and schedules, where applicable; (C)documentary evidence from an insurance company indicating a willingness to provide liability insurance if required by the Director; (D)such additional information as the applicant desires to include to aid in the determination of whether the requested horse-drawn carriage service should be granted; and (E) such additional information as the Director considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety. (3) The annual fee for ahorse-drawn carriage permit shall be $250.00. (4) The Director may deny any permit request for ahorse-drawn carriage service that does not conform to the provisions of this section and, additionally, may deny a permit request that, if approved, would be deemed to create a threat to public health and safety. (5) Upon denial of a horse-drawn carriage permit request, or revocation of an existing horse-drawn carriage permit, the applicant, or owner of the horse-drawn carriage service may appeal the denial, or revocation, to the City Manager for reconsideration. (b) No "walk-up" fares shall be charged to individuals who ride in a horse-drawn carriage. (c) The following are the requirements for horses used in the service of a horse- drawn carriage: (1) A horse must be appropriately shod to work on paved streets; (2) A horse must not have any open wound, oozing sore, cut below skin level, or bleeding wound; Ordinance 0-07-1646 Page5of8 (3) A horse must not have evidence of lameness, such as but not limited to head bobbing or irregular rhythm; (4) A horse must be offered not less than five gallons of drinking water at least every two hours; (5) A horse must have at least a 10-minute rest period after every 50 minutes worked; (6) A horse must not work longer than eight hours in a 24-hour period with a minimum of 12 hours rest; (7) A horse must have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard; (8) A horse must be properly cleaned with no offensive odors or caked dirt or mud; (9) A horse must wear a special sanitary device for containing animal excrement; (10) A horse must not work when the outside temperature exceeds 99 degrees Fahrenheit, is at or below 30 degrees Fahrenheit, or the thermal heat index exceeds 150, as measured by the National Weather Service at Dallas/Fort Worth International Airport; and (11) A horse must have been examined within the previous six months by a veterinarian licensed by the State of Texas who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the Director upon request. (d) The Director may require the holder or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the State of Texas and specializing in equine medicine, which certificate must be submitted to the Director. (e) A person commits an offense if he harasses or startles, or attempts to harass !I or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in anon-motorized passenger transport service. .~ Ordinance 0-07-1646 Page 6 of 8 j (f) The trailer used to transport the horse and carriage shall not be parked on any City right-of-way such that the flow of vehicular traffic is impeded, or it poses a threat to public safety. (g) For purposes of this section, a horse is considered to be working any time it is on a public street or sidewalk, or other public right-of-way. (h) The driver of a horse-drawn carriage shall adhere to the following rules of conduct: (1) act in a reasonable, prudent, and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3) not consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to operate ahorse-drawn carriage; (4) not permit a person other than another employee of the horse-drawn carriage to operate a vehicle under the driver's control; (5) not permit a person on the back of a horse when under the driver's control; (6) not leave a horse untethered and unattended except when confined to a stable or other enclosure; (7) not permit a horse to drop excrement from its diaper at any time; and (8) clean any excrement dropped from a horse. (i) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each horse-drawn carriage: (1) head lights; (2) taillights; (3) flashing lights; (4) a braking system; (5) rubber on all wheels; (6) a "slow moving vehicle" sign attached to the rear of the vehicle; (7) a copy of this chapter of the code; '1 Ordinance 0-07-1646 Page 7 of 8 (8) any other equipment required to comply with all applicable federal and state laws; and (9) any other special equipment that the Director determines to be necessary for the service to be operated. Q) A holder or driver of a horse-drawn carriage shall, at all times, keep each carriage clean and free of refuse and in safe operating condition. (k) A horse-drawn carriage must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles and supporting structures of each vehicle must be intact. (I) Officers of the police department shall assist in the enforcement of this section. A police officer upon observing a violation of this section shall take necessary enforcement action to insure effective regulation of a horse-drawn carriage. (m) Any appeal to the provisions of this section shall be considered and acted upon only by the City Council, unless stated otherwise. (n) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to the person. A separate offense is committed each day during which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than $500.00. (o) Prosecution for an offense under Subsection (n) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Sec. 4. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently files and pending in the Municipal Court in the City of Colleyville, Texas, shall be deemed repealed only when all such cases files and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ,~ Ordinance 0-07-1646 Page8of8 Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall ~ not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT the effective date of this ordinance shall be immediate upon its passage. IAND IT IS SO ORDERED. The ~rst r ading and public hearing being conducted on the /~ day of 2007. The s cond reading and ublic hearing being conducted on the ~ day of 2007. ATTEST• ~ ~ ~ ~ CITY OF COLLEYVILLE ~'=~-R- Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ROVED AS TO FORM AND LEGALITY: ~.~~ ~'~,,Matthew C. G. Boyle (City Attorney