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Home My WebLink AboutOrdinance No. 105 ORDINANCE N0. /f.5 AN ORDINANCE SETTING FORTH LICENSING PROVISIONS FOR ALL DOGS; PROHIBITING DOGS FROM BEING AT LARGE ON PUBLIC OR PRIVATE PROPERTY; DEFINING TERMS; PROVID- ING FOR VACCINATION OF DOGS; PROVIDING FOR CONFINE- MENT OF DOGS EITHER IN "DOGPOUND" OR UNDER SUPER- VISION OF LICENSED VETERINARIAN; PROVIDING FOR NOTICE OF IMPOUNDED DOGS AND RELEASE OF DOGS IM- POUNDED UPON PAYMENT OF FEES; PROVIDING FOR DISPOSAL OF DOGS NOT REDEEMED; PROVIDING FOR RECORDS; PROVID- ING FOR VICIOUS DOGS; PROVIDIATG FOR UNCONSTITUTION- ALITY OF CERTAIN SECTIONS HEREOF; REPEALING ORDINANCES IN CONFLICT HEREWITH AND MAKING CERTAIN SECTIONS HEREOF APPLICABLE TO OTHER DOMESTIC ANIMALS. WHEREAS, the City Council of the City of Friendswood, Texas finds that the public health and welfare of the City of Friendswood is endangered by the running at large of unvaccinated dogs, which condition may create the spreading of disease, particularly rabies; and WHEREAS, dogs and domestic animals running at large may be responsible for the in,jury of citizens of the City of Friendswood or other persons and thus detrimental to public welfare; and WHEREAS, the city has no adequate Ordinances regulating licen.sing, ownership and control of dogs within the c3.ty, such conditions bringing to the attention of the City Council the dangers of dog and other domestic animal ownership, without adequate control; and the City Council having determined a need f'or the following Ordinance provisions in order to protect the public interest, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION l: Definitions. "DOG" shall, for the purpose of this Ordinance, mean both the male and female of the variety. rrOWNER shall be the person, firm, or corporation keeping, harboring, or having control or custody of a dog or domestic animal. "AT LARGE" shall, for the purpose of this Ordinance, mean any dog or domestic animal not under the voice or leash control of its owner or keeper on the streets, sidewalks or other public place, or on private property other than that of the animal ' s owner. "DOMESTIC ANIMAL" shall mean any species of animal whether dog, caic, or any other animal kept by any owner as defined above as a pet. "DOG POUND" shall be the place designated or constructed by the City of Friendswood for the purpose of confining dogs or other animals. "CONTROL OF OWNER OR KEEPER" shall be defined as leashed, under direct voice command, kenneled or fenced. SECTION II: License Provisions . A11 dogs within the City of Friendswood must be licensed by the City as hereinafter provided. The pre-requisite for a dog license shall be a rabies vaccination certificate dated less than six (6) monthsXrevious to application for license. All dog licenses in the City shall be renewed before the expiration of twelve (12 ) months since the issuance of the previous license issued by the City. Owners of licensed dogs shall be issued a license certificate or receipt and a tag which must be securely a'ctached to the licensed dog at all times except when said dog is kenneled, fenced, in competition, or training. Dogs other than at the above excepted times shall be treated as unlicensed if not identified with their current dog license tag. All dogs over 6 months of age shall be re- quired to be licensed. The dog' s sex, breed, age, color and approximate weight shall be entered on the license receipt of certificate . SECTION III. Procedur�s . It shall be unlawful for any dog to be "at large" or to permit any dog to be "at large" . Any dog "at large" is in violation and shall be subject to seizure by the Hurnane Officer. A licensed dog on private property other than that of its owner may be seized or considered in violation only after written complaint from the owner or resident of said property. The licensed dog need not be in violation at the time of the wri�ten complaint . Any dog which has been seized by the Humane Officer shall be impounded in the "dog pound" . Any dog so impounded shall be registered as to sex, breed, color, and approximate weight. It shall be the duty of the Humane Officer to notify the owner of any licensed dog seized by him within twenty-fou.r ( 24 ) hours after seizure. A list must be maintained at the dogpound and at City Hall of all dogs impounded by the Humane Officer or any other person and shall be current within one working day. SECTTON IV. Disposition. Any impounded dog that is licensed shall be held for ten (10) days before disposition by sale or destruction. Any impounded dog that is unlicensed sha11 be held for three (3) days before disposition by sale or destruction. -2- SECTION V. Redemption. Any licensed dog that has been im- pounded may be redeemed by paying set boarding fees at the dog pound, and by signing receipt of notice of violation. An unlicensed dog may be redeemed by the owner by paying set boarding fees at the dog pound, signing receipt of notice of violation and purchasing a license within five (5) days of notice. If a license is not purchased within the required time limit, a new violation shall exist. SECTION VI. Redemption by persons other than the owner. An impounded dog, following the expiration dates as set forth in the preceeding section for licensed and/or unlicensed dogs may be redeemed by other than its owner or owner � s agent or designee under the following provisions : Any person or persons may redeem an impounded dog after payment of boarding fees but the redeeming person must present the dog for examination for evidence of disease to a licensed veterinarian of his choice. Any dog redeemed by other than its owner or owner � s agen� or designee shall be considered unlicensed at time of redemption and therefore �ust be vaccinated. Proof of vaccinat�on and the veterinarian examination must be presented before th� new owner may license the rede�med dog. Any dog considered to be a hazard to other animals or people by the examining veterinarian sha11 be returned to the dog pound for disposition by the Humane Officer by destruction. Appropriate forms will be provided by the City of Friendswood to the examining veterinarian to complete and sign which must be returned by �he redeeming person to the Humane Officer as evidence of the required examination. Following the expiration of thirty (30) days from the date of redemption, the dog shall become the absolute property of the redeeming person. SECTION VII : Vicious Tendencies . Zf any dog within the City of Friendswood shall bite, scratch, or o�herwise attack or injure any person or other animal and said person or other animal was not a� the time trespassing upon the property of the dog' s owner or the person having control of such dog or it cannot be proved b�yond reasonable doubt that the person or animal so attacked was provoking or teasing such dog, the Corporation Court of the City of Friendswood shall have the authority to order and hold a hearing and if the court shall determine at such hearing that �he attaching dog is vicious or dangerous to persons or other animals, the court may order that such dog be kept -3- muzzled or that such dog be kept within a sufficient enclosure or that such dog be delivered to the Humane Officer and by him destroyed. SECTION VIII: Rabies. Any dog or �th�r domestic animal that has rabies or symptoms thereof, or any dog or other domestic animal that bites, scratches or otherwise attacks any person or other animal within the City of Friendswood, sha11 at the owner � s option, be impounded by either a veterinarian or the dog pound. A dog or domestie animal which has scratched, bitten or otherwise attacked any person or other animal shall be surrendered to the Humane Officer or be delivered to a veterinarian within twenty-four (2� ) hours of said attack. Upon receipt of such dog or domestic animal by the Humane Officer or veterinarian appropriate forms shall be filled out after examina�ion of the animal and returned to the City Hall. Following �he expiration of seven (7) days after the date of impounding for suspicion of rabies, a second report on the suspected animal will be filed at the City Hall as evidence of the examination for rabi�s symptoms. If the second report is negative, the suspected animal may be released to its owner. Oth�rwise, the dog or animal shall be destroyed. The owner of any animal or person known to have been attacked by a rabid animal, whether dog or any other domestic animal, shall be n�tified by the Humane Officer tha� the attacking animal was rabid. Any dog or other domestic animal which has been exposed to rabies shall be impounded by the owner with a veterinarian or at the dog pound under supervision of the Humane Officer for such period as the officer m veterinarian deems necessary. This sect3on s�al1 apply in i�s entirety to all domestic animals subject to rab�es. The carcass of any dog or animal which is suspected to have died from rabies shall be disposed of as directed by the Humane Officer and if said dog or animal has attacked other animals or persons, the State of Texas Department of Health shall be notified before disposition of the carcass of such animal. SECTTON IX: Humane Officer and Deputies . There is hereby cr�ated the position of Humane Officer for the City of F`riendswood. Said position shall be filled by appointment of the Mayor with approval of a majority vote of the City Council. The Humane Officer shall appo3nt sueh deputies as he deems necessary to fulfill his duties under this Ordinance. The Humane Officer and his deputies shall furnish such bond -�- for the faithful performance of their duties that �he City Council may require. The position o£ Humane Officer may be salaried, unsalaried or filled by contract at the discretion of the City Council. SECTION X: Powers and Duties of Humane Officer and Deputies . The Humane Officer and his deputies shall carry out the provisions of this Ordinance as set forth. The Humane Officer and/or his deputies shall have the right at any reasonable time to inspect any dog to determine if said dog is vaccinated and tagged as required by this Ordinance and shall have the authority to enter any premises for such purpose. It shall be unlawful for any person to refuse entrance to such Humane Officer or his deputies when attempting to enter such premises for the purpose of inspecting any dog for license and any person who shall refuse entrance or impede or obstruct such Humane Officer or deputy shall be fined as set forth under the penal�y provisions of this Ordinance. For the purpose of this Ordinance, the Humane Officer and his deputies are hereby designated as Police Officers and shall have, possess and execut� the power, authority and jurisdiction of the Sheriff. Said officer and his deputies are hereby given the authority to wear a badge of this office, said badge to be furnished by the City of Friendswood. It is further provided tha� Police or auxiliary Police Officers of the City of Friendswood shall have authority to act in the same capaci�y as the Humane Officer in his absences or at his direction. It shall be unlawful for any person or persons to release an� animals from the custody of the Humane Officer and/or his deputies in any manner, or to tamper with or des�roy any property used by the Humane Officer and/or his deputies in any manner, or to �amper with or destroy any property used by the Humane Officer and/or his deputies for the purpose of enforcing this Ordinance. SECTION XII: Records of the Humane:�Q�ficer. The Humane Officer sha11 keep and maintain all records as may be required to show in detail �he disposition of a11 dogs taken into his custody, whether actually impounded or not. He shall keep detailed records regarding money collected by him and such other records as may be required by th� City Council. A11 money collected by the Humane Officer shall be delivered to the City Treasurer who shall deposit the same in the general fund. -5- . � ' _ . . -. _ SECTION XII: Repor�s to City Council. The Humane Officer shall file such reports as may be requested by the City Council and shall file the same under oath if the Council so requires . S�CTION XIII: City Dog Pound : The City Council, shall, as the situation warrants action, construct a pen or other facility for use by the Humane Officer in impounding dogs or other domestic animals . Alternatively, the City Council may enter into contract with any person, firm or corporation to lease facilities where impounded animals may be placed. SECTION XIV. Excepted Dogs . The following dogs shall be excepted from all sections of this Ordinance exeept Section VIII: l. Dogs under the age of six (6) months if kept within an enclosure. 2. Dogs brought to the City exclusively for the purpose of entering same in any dog show, exhibition or competition and which are actually entered in and kept at said show, exhibition or competition. 3. Trained police dogs under supervision and control of law enforcement officers while in performance of official duty. SECTION XV. Penalties. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon a determination of guilt shall be fined any sum no� to exceed One Hundred ($100.00) Dollars. Each day of violation of any of the terms and provisions of this Ordinance shall consti�ute a separate and distinct violation. SECTION XVI. Seve�ability Clause. If any section, sub-section, sentence, clause, phrase or word of this Ordinance 3.s for any reason held to be unconstitutional or invalid, such decision shall not effec'c the remaining portions of this Ordinance. SECTION XVII: Conflict with o�her Ordinances. Any Ordinance or part thereof which is in conflict wi�h any provis3on of this Ordinance is hereby repealed to the extent ot' such conflict only. PASSED AND APPROVED on first reading this � day of 1 � �� , �, , 1g67. PASSED AND APPROVED on second reading this �� day ' � , �p . �� - �� ♦•.....,� �' � 19 �� i�'��,.� -.ti . '°�' .:;AY,�� PASSED APPROVED AND FINALLY ADOPTED on third readi �s �;} r � os �� G� day of , 19�. • �► : , ~'�i�j�•....«...�� CITY OF FRIENDSWOOD, TEXAS � .�'�� , A�'TES�� : . � �� ,C-/ BY: ,��-�. /�-� Ra L. Lo , May� �' Artha Wrigh�, City Secr tary -�-