HomeMy WebLinkAboutOrdinances (O-84-521)-06/05/1984
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ORDINANCE NO. 0-84-521v/ ~
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AN ORDINANCE REPEALING CHAPTER 2 OF THE COLLEYVILLE CODE OF
ORDINANCES AND SUBSTITUTING THERETO A NEW CHAPTER 2 PROHIBITING
THE RUNNING AT LARGE OF LIVESTOCK, FOWL, REPTILES AND DOGS;
DISPOSITION OF ANIMALS RUNNING AT LARGE; IMPOUNDED ANIMALS
GENERALLY; FEES; RIGHT OF REDEMPTION OF IMPOUNDED ANIMALS BY
OWNER; RABIES QUARANTINE; VETERINARIANS REQUIRED TO REPORT ALL
i CASES OF RABIES TO ANIMAL WARDEN; NUISANCE BY ANIMAL FECES;
I KEEPING ANIMALS OR FOWL IN RESIDENTIAL AREAS CONSTITUTING A
I NUISANCE; CRUELTY TO ANIMALS A MISDEMEANOR, EXCEPTION; DEFINITION
I' OF ANIMAL WARDEN, INTERFERENCE WITH ANIMAL WARDEN; VICIOUS
ANIMALS; VACCINATION OF ANIMALS; REGISTRATION OF DOGS AND CATS;
WILD ANIMALS; VACCINATION OF IMPOUNDED ANIMALS; LIVESTOCK
PROHIBITED ON PROPERTY OF OTHERS; ANIMALS, FOWL AND REPTILES
PROHIBITED FROM MUNICIPAL BUILDINGS WITHOUT PERMIT; ANIMALS AND
FOWL PROHIBITED IN ESTABLISHMENTS SELLING FOOD; DESTRUCTION OF
CERTAIN ANIMALS; CONFINEMENT OF CERTAIN DOGS, EXCEPTION;
DEFINITION OF CITY POUND; PROVIDING A PENALTY AND AUTHORIZING
PUBLICATION.
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WHEREAS, the City Council of the City of Colleyville is of the
opinion that the Code of Ordinances needs to be updated
as it applies to the regulation of animals; and,
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the City Council is of the opinion that the passage of a
new Chapter 2 providing for the regulation of animals is
in the best interest of the citizens and public in
general. NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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Sec. 1. THAT Chapter 2 of the Colleyville Code of Ordinances be
and the same is hereby repealed in its entirety.
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Sec. 2. THAT in substitution for the chapter repealed by Section
1 hereof, that the following Chapter be added to the
Colleyville Code:
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"CHAPTER 2
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ANIMAL CONTROL
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Sec. 1. IN GENERAL.
A. RUNNING AT LARGE PROHIBITED - LIVESTOCK.
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It shall be unlawful for any person to allow or
permit any cow, calf, steer, bull, bullock, heifer, any
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ORDINANCE 0-84-521
sheep, goat, hog, horse, mule, jack or jennet owned or
controlled by such person to run at large, or to be
herded in or upon any street or alley or in or upon any
unenclosed vacant lot or common within the corporate
limits of the city, or to stake out any of the above
animals mentioned upon any unenclosed lot or any street
or alley in the city limits.
B. SAME - FOWL.
It shall be unlawful for any person to permi t,
suffer or allow any chickens, ducks, turkeys, geese or
other fowl, owned, kept or possessed by them or under
their control to run at large within the city.
c. SAME - REPTILES.
It shall be unlawful for any person to permi t,
suffer or allow any retiles owned, kept or possessed by
them or under their control to run at large within the
city.
D. DISPOSITION OF ANIMALS RUNNING AT LARGE.
Any person is hereby authorized to take up any
animal that may be found running at large in the
corporate limits of the city. Any such animal picked up
shall be surrendered to the animal warden upon demand.
E. IMPOUNDED ANIMALS GENERALLY.
Any impounded animal, other than a dog or cat,
which is not redeemed within five (5) days of capture
and impoundment may be sold to the highest bidder at a
public or private sale conducted at such time and place
as may be designated by the city manager.
Any impounded wild animal, unless there is reason
to believe it has an owner, may be immediately destroyed
in a humane manner. If not redeemed within three (3)
days of its capture and impoundment, any impounded wild
animal and any impounded dog or ca t may be destroyed in
a humane manner.
F. FEES.
Prior to any sale, the owner of any animal
impounded may redeem the same by paying the expense of
taking up and keeping together wi th the cost of
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ORDINANCE 0-84-521
advertising and fines, if any, plus an impounding fee of
thirty dollars ($30.00).
G. RIGHT OF REDEMPTION OF IMPOUNDED ANIMALS
BY OWNER.
After sale, any animal may be redeemed by paying to
the purchaser double the amount bid by him for such
animal or animals, and his reasonable expenses for
keeping the same; provided, that the owner so redeems
the animal within thirty (30) days after the date of
sale; otherwise, the animal shall become the absolute
property of the purchaser.
H. RABIES QUARANTINE.
If an animal has bitten or otherwise attacked a
person, has rabies or symptoms thereof, or is suspected
by the animal warden of having rabies, or has been
exposed to rabies, upon demand of the animal warden or
his deputies, it shall be impounded in the city pound or
confined in a veterinary hospital at the owner's
expense, for observation for a period of fourteen (14)
days, or, upon written consent of the person bitten or
otherwise attacked or the person having custody of such
person, such animal shall be immediately and securely
confined by the owner of such animal with a good quality
chain for a period of fourteen (14) days in a place
where no person will be bitten by such animal. During
such confinement, the animal shall be subject to
examination by the animal warden or his deputies at any
time. In the event the owner or the person having
custody of such animal fails to deliver same to the
animal warden upon demand, said animal shall be deemed a
nuisance and subject to all remedies, both public and
private, for the abatement of same.
I. VETERINARIANS REQUIRED TO REPORT ALL CASES OF
RABIES TO ANIMAL WARDEN.
It shall be the duty of all practicing
veterinarians to report to the animal warden all cases
of rabies wi th which he comes in contact or to which his
attention has been directed. This report shall be made
immediately upon diagnosis or suspicion of such cases of
rabies.
J. NUISANCE BY ANIMAL FECES.
It is hereby declared to be unlawful for any owner,
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ORDINANCE 0-84-521
keeper or walker of any dog or ca t to permi t his or her
dog or cat to discharge such animal's feces upon any
public or private property, other than the property of
the owner of such dog or cat, within the city, if such
owner, keeper or walker does not immediately thereafter
remove and clean up such animal's feces from the public
or private property.
K. KEEPING ANIMALS OR FOWL IN RESIDENTIAL AREAS
CONSTITUTING A NUISANCE.
(1) Noise. No person shall willfully or knowingly
harbor or keep on his premises or elsewhere any animal
or fow 1 of any kind that makes or crea tes an
unreasonable disturbance of the neighbors or the
occupants of adjacent premises or people living in the
vicinity thereof, or suffer or permit such animal to
make or create disturbing noises by howling, barking,
bawling, crowing or otherwise. A person shall be deemed
to have willfully and knowingly violated terms of this
section if such person shall have been notified by the
neighbors or the animal warden or any police officer of
such disturbance and shall have refused for a period of
twenty-four (24) hours to correct such disturbance and
prevent its recurrence.
(2) It shall be unlawful for any person to
maintain any animal or fowl in such a manner that
residents of adjacent or nearby property are subjected
to obnoxious odors.
(3) It shall be unlawful for any person to
maintain any animal in any area which constitutes a
nuisance by reason of repeated trespasses on public
property, attacks on other animals, or damage to public
or private property.
(4) In addition to the foregoing conduct
constituting a misdemeanor, the same shall also be
deemed a nuisance and may be enjoined in district court.
L. CRUELTY TO ANIMALS A MISDEMEANOR; EXCEPTION.
(1) If any persons within the city willfully or
wantonly kill, maim, wound, disfigure, poison, or
cruelly and unmercifully beat or abuse any horse, ass,
mule, cattle, sheep, goat, swine or any domesticated
bird; or over-ride, over-drive, over-load or in any
manner mistreat such animal or fail to provide same
with proper food, drink or shelter, or shall drive or
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ORDINANCE 0-84-521
work or otherwise use such animal when same is maimed,
wounded, sick or otherwise unfit for work, or shall
willfully abandon any such animal to die, or shall
leave the same tied up or confined without proper
feeding and care for same, upon conviction, shall be
guilty of a misdemeanor.
(2) This article is not to be construed to prevent
municipal employees from killing animals when entitled
to do so by statutes of the state or any ordinance of
the city now in effect or that may be hereafter enacted.
M. ANIMAL WARDEN, DEFINFITION; INTERFERENCE WITH.
(1) As used in this Code, the term "animal warden"
shall mean any peace officer or police officer of the
City of Colleyville or any person appointed by the City
Manager of the Ci ty of Colleyville to have the title
"animal warden" together with any deputy thereof,
(2) It shall be unlawful for any person to
interfere with the animal warden or his agents in the
lawful discharge of duties.
N. VICIOUS ANIMAL.
(1) When the animal warden receives information
that an animal has bitten, scratched, or otherwise
attacked any person within the corporate limits of the
city, he shall investigate; and, if in his opinion the
animal is vicious, he shall take such animal into
custody and immediately make such fact known to the
judge of the municipal court who shall thereupon direct
that a hearing be held as hereinafter provided. If the
identity or address of the owner or person having
custody or control of such animal can be determined
after a reasonably diligent search, such person shall
first be notified of the pendency of such hearing and
summoned to appear within ten (10) days before the judge
of the municipal court of the city, said judge being
hereby vested with jurisdiction with the purpose of
hearing such cases. If it is determined that the animal
is vicious, the said judge is hereby authorized and
directed at his discretion to order that the animal be
kept muzzled, that the animal be taken out of the
corporate limi ts of the ci ty, or that the animal be
destroyed by the animal warden as a public nuisance.
(2) For the purposes of this section, a vicious
animal is hereby defined as:
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I' ORDINANCE 0-84-521
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(a) Any animal that shall bite, scratch or other-
wise attack any person or other animal without provoca-
tion, while the person so attacked was not trespassing
on the property of the owner or person having the
custody or control of such animal and was not engaged in
assault upon either the owner or person having custody
or con trol of such animal or upon any member of the
immediate family, or
(b) Any animal that has otherwise demonstrated
fierce or dangerous propensities.
(3) Any owner or person having custody or control
of such animal who shall attempt to impede the enforce-
ment of this section by refusing to abide by the order
of the judge as to proper restrictions on such animal,
or by refusing to deliver such animal for impoundage, or
by concealing such animal from an animal warden, or by
otherwise willfully interfering with the impoundage of
such animal shall be guilty of a misdemeanor.
O. VACCINATION OF ANIMALS GENERALLY.
(1) All dogs, cats and other household pets six (6)
months of age or over within the city shall be immunized
against rabies annually by a licensed veterinarian by
means of any standard vaccine as approved by the U. S.
Government for the prevention of rabies. The licensed
veterinarian who administers such vaccine shall issue to
the owner or the person having such animal vaccinated, a
certificate of vaccination, stating the name of the
owner, the description of the animal, and the date of
vaccination and kind of vaccine used. He shall also
issue for dogs a metal tag with the veterinarian's
office address and the year of vaccination stamped
thereon.
(2) The metal tag provied for in subsection (a)
above shall be securely fastened in some manner to the
dog at any time the animal is not confined to the
owner's property, and it shall be unlawful for any
person to remove such metal tag from the dog.
(3) It shall be unlawful for any person within the
city to own, keep, possess, harbor or allow to remain
upon the premises under his control, any animal, without
having such animal immunized against rabies as required
by subsection (a) hereof.
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ORDINANCE 0-84-521
(4) This section shall not apply to fish, birds,
ungulates or any of the following list of animals:
hamsters, guinea pigs, rabbits, rats, mice, gerbils, or
any other animal other than a dog or cat which in the
opinion of the licensned veterinarian would be
endangered by a rabies vaccination.
P. REGISTRATION OF DOGS AND CATS
(1) No owner or harborer of any animal shall allow
or permit such animal within the city unless there is
affixed thereto a valid current city registration tag
displayed in accordance with subsection 3 hereof. A
city registration tag shall be and remain current for
one (1) year from the date of issuance. Upon request,
the city shall issue animal registration tags to members
of the public and shall collect upon such issuance a fee
of three dollars ($3.00 ) for each animal. Prior
to the issuance of said animal registration tag the
owner or harborer of the animal shall present to the
city secretary, deputy collector, or their duly
appointed representative, a metal tag or certificate of
vaccination demonstrating that a vaccination under
subsection 0 hereof has been administered to the animal
within the preceding six (6) months.
(2) The annual city registration tag will be color
coded to correspond to the year of registration. This
tag shall be securely attached to a collar around the
neck or to a harness around the neck and body of the
animal vaccinated. It shall be unlawful to remove this
tag while valid without the owner's permission.
(3) For the purpose of facilitating the collection
of annual registration fees and for the convenience of
the general public, a duly licensed veterinarian may,
upon request, be appointed a deputy collector. The
duties of a deputy collector shall be to issue annual
city rgistration tags under the provisions of this
section. There shall be no compensation whatsoever by
the city for this service.
The deputy collector so appointed by the city shall
be issued registration forms together with corresponding
tags by the city secretary which the dupty collector
shall issue to residents of the city whoses animals meet
the requirements. The deputy collector shall turn over
to the city secretary each Monday the monies so
collected and report the licenses issued.
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ORDINANCE 0-84-521
(4) The appointment of a deputy collector may be
termina ted by the ci ty or by the resigna tion of the
deputy collector himself. Upon termination, said deputy
collector shall turn over to the city secretary any I
unused registration tags heretofore sold and issued. I
When the city secretary is satisfied that a proper
accounting has been made, a letter shall be issued to
the deputy collector advising him that he has complied
with all the obligations assumed by virtue of his
appointment.
Q. WILD ANIMALS.
(1) "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 i
nature or disposition and which, because of its size,
vicious nature, or other characteristics would constitut
a danger to human life or property if not kept or main-
tained in a safe manner or in secure quarters. Wild
animals shall include, but shall not be limited to I
lions, tigers, leopards, panthers, bears, wolves, alli- I
gators, crocodiles, apes, foxes, elephants, rhinoceros,
nondescented skunks, and all forms of poisonous reptiles
and other like animals. The term shall not be deemed to
include dogs or domestic cats.
(2) It shall be unlawful for anyone to keep or
harbor any wild animal within the city limits unless the
same is kept in a safe manner in secure quarters or in a
cage sufficient to contain such animal at all times.
(3) It shall be unlawful for anyone who owns,
raises or keeps any wild animal to allow the same to be
a t large outside of its secure quarters or cage. In
the event such animal is discovered outside of its
secure quarters or cage, shall be presumed that the
person who owns, raises or keeps the same, willfully
allowed it to roam at large outside the secure quarters
of the cage and such person shall be deemed guil ty of a
misdemeanor.
(4) Any wild animal which is found running at large
may, a t the discretion of the animal warden, be
impounded or destroyed upon sight.
R. VACCINATION OF IMPOUNDED ANIMALS.
All animals released to an owner from the pound
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ORDINANCE 0-84-521
shall be immediately vaccinated against rabies in
accordance with the provisions of this chapter or the
owner thereof shall present a veterinarian's certificate
showing a current vaccination. In order for the owner
of an animal not vaccinated and registered in accordance
with the provisions of this article to obtain the
release of the animal, such owner must sign a statement
giving the name of the owner and the address where such
animal shall be immediately confined, and stating he
will have the animal vaccinated in accordance with the
provisions of this chapter. Such vaccination
certificate shall be presented to the animal warden
within ten (10) days of release. Failure to have such
animal immediately vaccinated and a certificate
presented shall be grounds for immediate return of the
animal to the ci ty pound and such animal may be
destroyed immediately or otherwise disposed of, and the
faiu1ure to immediately comply shall constitute a
misdemeanor. Refusal to show a certificate of
vaccination shall constitute prima facie evidence of
such failure.
S. LIVESTOCK PROHIBITED ON PROPERTY OF OTHERS.
It shall be unlawful for any person to ride or allow
any type of livestock upon the property of another
within the City of Co11eyville except with the express
consent of the owner or person in charge of such
property obtained prior thereto.
T. ANIMALS, FOWL AND REPTILES PROHIBITED FROM MUNICIPAL
BUILDINGS WITHOUT PREMIT.
It shall be unlawful for any person to allow any
animal, fowl, or reptile under their care and control to
enter any municipal facility without permission from the
city.
U. ANIMALS AND FOWL PROHIBITED IN ESTABLISHMENTS
SELLING FOOD.
It shall be unlawful for any person to allow any
live animal or fowl to enter or remain inside any
establishment in the city where food is sold excepting
registered Seeing Eye Dogs.
V. DESTRUCTION OF CERTAIN ANIMALS.
Any animal impounded or found at large within the
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ORDINANCE 0-84-521
city may be destroyed by municipal employees upon
determination that such animal has been injured or is
sick and in such a state that its recovery is seriously
in doubt or tha t such animal is sick and endangers the
heal th of other animals or persons, or if such animal
is suspected of having rabies, or manifesting a
disposition to bite or attack when found at large.
w. CITY POUND, DEFINITION.
As used herein the term "city pound" shall mean and
include such area or portion of the city designated for
the purpose of holding or restraining animals, and such
other areas within or without of the city including
veterinary hospitals, The Humane Society or the pounds
of other municipalities as from time to time may be
designa ted by the Ci ty Manager of the Ci ty of
Colleyville.
Sec. 2. DOGS
A. DEFINITIONS.
For the purpose of this section the following
terms shall have the meanings herein ascribed to them:
At large. Shall mean a dog that is not confined
inside the owner's house or to the premises of the
owner by a suitable and substantial fence of sufficient
strength and height 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 a
full length in any direction. Provided, however, that
a dog shall not be considered "at large" when held and
controlled by some person or 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.
Dogs. Shall mean both male and female animals of
the canine species.
Owner. Shall mean any person or persons, owning,
keeping or harboring an animal or animals of the
canine species.
B. RUNNING AT LARGE PROHIBITED.
No owner of any dog shall permi tit to run a t large
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ORDINANCE 0-84-521
within the corporate limits of the city.
C. CONFINEMENT OF CERTAIN DOGS; EXCEPTION.
No dog of fierce, dangerous, or vicious
propensities, nor a female dog in heat shall be allowed
upon any street, avenue, highway, alley, sidewalk,
parkway, park or other public place in the city,
whether or not such dog is under con trol by means of a
leash, chain or otherwise. Provided, however, this
section shall not apply to such dogs when confined
within a vehicle.
Sec. 3. THAT any person, firm or corporation violating
any provision of this ordinance shall be deemed guilty
of a misdemeanor and upon final conviction thereof fined
in an amount not to exceed One Thousand Dollars
($1,000.00). Each and every day any such violation con-
tinues or is allowed to exist shall constitute a
separa te violation and be punishable hereunder."
Sec. 3. THAT the city secretary is hereby authorized to cause
publication of the descriptive caption and penalty
clauses of this ordinance as an a1terenative method
provided by law.
AND IT IS SO
ORDERED.
and public hearing being conducted on the ~I
, 1984.
1and public hearing being conducted on the
, 1984. ~T,
public hearing being conducted on the ~ I
, 1984.
The
CITY OF COLLEYVILLE
;1Jack tJf2_AP~ tii~
LaVada Johnson Ross T. F'ost r
City Secretary City Attorney
AND LEGALITY:
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