Loading...
HomeMy WebLinkAboutOrdinances (O-84-521)-06/05/1984 1 p~ ~ ~d(g.P1 4: r;Op. M ' ~ru- s-r-f~:'?f Ci "'. ORDINANCE NO. 0-84-521v/ ~ I I.r~ 'I. 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. 2 3 4 5 6 7 8 9 10 11 12 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, 13 I I' WHEREAS, I 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, 14 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 17 Sec. 1. THAT Chapter 2 of the Colleyville Code of Ordinances be and the same is hereby repealed in its entirety. 18 Sec. 2. THAT in substitution for the chapter repealed by Section 1 hereof, that the following Chapter be added to the Colleyville Code: 19 20 "CHAPTER 2 21 ANIMAL CONTROL 22 Sec. 1. IN GENERAL. A. RUNNING AT LARGE PROHIBITED - LIVESTOCK. 23 24 I I 25 I 26 II -~ It shall be unlawful for any person to allow or permit any cow, calf, steer, bull, bullock, heifer, any 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 II II 20 21 I 22 I 23 24 25 26 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 2 1 2 3 4 5 i , 6 II 7 i I 8 I II 9 II 10 11 12 I 13 I 14 I I 15 j, II 16 Ii d 17 II II ,I 18 II 19 'I 20 II 21 22 23 24 25 26 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, 3 \- 1 2 3 4 5 6 I I I 7 I, 8 II II 9 II I 10 Ii 11 I' 'I I, 12 II 13 I I , 14 II :1 15 II 16 il 17 , 18 , 19 II I 20 I, 21 II I' 22 I, 23 24 I 25 26 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 4 1 2 3 4 5 6 II 'I 7 I' II ii 8 II 9 II II , 10 il II 11 il I Ii 12 : I II 13 II j; II 14 :1 I, II 15 I 16 17 18 I 19 I \1 20 I, i' :1 21 i I 22 II II 23 II 24 II 25 26 Ii II Ii .11, 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: 5 I I I I ~L I' ORDINANCE 0-84-521 1 2 3 4 5 I 6 I i I 7 II 8 I I 9 , II 10 II 11 I 12 I 13 I I I' i 14 II 15 II II 16 I! 17 II II IJ 18 II Ii " 'I I 19 I 20 21 22 23 24 25 I 26 J (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. 6 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. 7 1 2 3 4 5 6 I. 7 I 8 9 II Ii 10 i I 11 12 II 13 I 14 I I 15 il 16 !I I 17 II I' 18 II I 19 20 21 22 23 24 25 26 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 8 1 2 I I 3 4 5 6 I. 7 II 8 I 9 I 10 11 12 13 14 15 I I 16 I 17 18 19 20 21 22 23 24 25 26 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 9 1 2 3 I 4 I' 5 II i I I 6 I 7 I, I 8 9 10 II 11 12 II II 13 I , 14 I 15 16 17 18 19 20 21 22 23 24 25 26 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 10 I J., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I I Ii 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: 11 .t.,