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HomeMy WebLinkAboutOrdinance No. 182 ORDINANCE N0. i82 AN ORDINANCE SETTING FORTH LICENSING PROVISIONS FOR ALL DOGS; PROHIBITING DOGS FROM BEING AT LARGE ON PUBLIC OR PRIVATE PROPERTY; DEFINING TERMS; PROVIDING FOR VACCINATION OF DOGS; PROVIDING FOR CONFINEMENT OF DOGS EITHER IN "DOGPOUND" OR UNDER SUPERVISION OF LICENSED VETERINARIAN; PROVIDING FOR NOTICE OF IMPOUNDED DOGS AND RELEASE OF DOGS IMPOUNDED UPON PAYMENT OF FEES; PROVIDING FOR DISPOSAL OF DOGS NOT REDEEMED; PROVIDING FOR RECORDS; PROVIDING FOR VICIOUS DOGS; PROVIDING FOR UNCONSTITUTIONALITY 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 injury 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 licensing, ownership and control of dogs within the city, such conditions being brought to attention of the City Council the dangers of dog and other domestic animal ownership, without adequate control; and the City Council having de�termined a need for the following ordinance provisions in order to protect the public interest, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1: Definitions. "DOG" shall , for the purpose of this Ordinance, mean both the male and female of the variety. "OWNER" 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 and sight or leash control of its owner or keeper on the streets, sidewalks or other public p7ace, or on private property other than that of the animal 's owner. "DOMESTIC ANIMAL" shall mean any species of animal whether dog, cat, 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 and sight command, kenneled or fenced. SECTION II: License Provisions. Al1 dogs within the City of Friends- wood 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) months previous 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 attached 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 six months of age shall be required to be licensed, The dog's sex, breed, age, color and approximate weight shall be entered on the license receipt of certificate. SECTION III. Procedures. It shall be unlawful for any dog to be "at large" or to permit any dog to be "at large." Any dog "at larg�" is in violation and shall be subject to seizure by the Humane Officer. The Humane Officer or his deputies may further charge the owners or keepers of "at large" dogs in the following manner. On a first offense, the Humane Officer or his deputies will prepare a written warning in duplicate, one copy to be furnished to the offending dog owner or keeper, and the other copy to be maintained in the files of the Humane Officer, Such warning notice shall notify the dog owner or keeper of the nature of the offense and the type of penalty that could be imposed upon conviction. The notice of warning shall bear the signature of the officer issuing same and shall bear the signature of the owner or keeper of the dog and shall bear the date of issue. Follow- ing a second or subsequent offense, the Humane Officer or his deputies will issue a written summons to the owner or keeper of the dog. Such summons shall notify the owner or keeper of the dog of the nature of violation, the place of violation and time of violation. The summons shal� a1so inform the accused owner or keeper of the time, date and place for an appearance in municipal court and shall bear the signature of the accused and the signature of the officer issuing the summons. The allowance for seizure of a dog "at large" is in addition to and shall in no way affect or limit th.e authority -2- � � . of the Humane Officer or his deputies to issue a warning or summons to a dog owner or keeper for allowing a dog to run "at large." A dog need not be in violation at the actual time the written warning or sur�nons is issued. A 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 or his deputies to notify the owner of any licensed dog seized by him within twenty- four (24) hours after seizure, A record must be maintained by the Humane Offi.cer of all dogs impounded. A copy of the complete record of all dogs impounded shall be maintained at the City Hall and shall be current within one (1 ) working day. SECTION IV Impounda�e; Disposition. A. Licensed dogs which have been impounded sha�7 be held for a period of ten (10) days after capture before such dogs are disposed of by sale or destruction. B. Unlicensed dogs which have been impounded shall be held for a period of three (3) days after capture before such dogs are disposed of by sale or destruction. SECTION V. Stra_y Dogs; Use of Tranquilizer Gun. A stray dog is defin- ed as any dog "at large." In the event that a stray dog cannot be captured using normal procedures, the Humane Officer or his deputies are hereby author- ized and empowered to use a tranquilizer gun in order to disable or immobilize the stray dog and facilitate its capture. SECTION VI. Redemption. Any licnesed dog that has been impounded 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 exi s t. SECTION VII. Redemption� 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 fol1owing provisions: Any person or persons may redeem an impounded dog after payment of 6oarding fees but the redeeming person must present the dog for examination for evidence of di�edse -3- to a licensed veterinarian of his choice. Any dog redeemed by other than its owner or owner's agent or designee shall be considered unlicensed at time of redemption and therefore must be vaccinated. Proof of vaccination and the veterinarian examination must be presented before the new owner may license the redeemed dog. Any dog considered to be a hazard to other animals or people by the examining veterinarian shall 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 the redeeming person to the Humane Officer as evidence of the required examination. Following the expira- tion of thirty (30) days from the date of redemption, the dog shall become the absolute property of the redeeming person. SECTION VIII. Vicious Tendencies. It shall be unlawful to permit any dog with vicious tendencies to be at large. If any dog within the City of Friendswood shall bite, scratch, or otherwise attack or injure any person or other animal and said person or other animal was not at the time trespassing upon the property of the dog's owner or the person having control of such dog or it cannot be proved beyond reasonable doubt that the person or animal so attacked was provoking or teasing such dog, the Municipal 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 the attacking dog is vicious or dangerous to persons or other animals, the court may order that such dog be kept 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. It shall not be required that a dog actually inflict physical harm to be subject of a court hearing under the provisions of this section. SECTION IX. Rabies. Any dog or other domestic anima1 that has rabies or symptoms thereof, or any dog or other domestic animal that bites, scratches, or otherwise attacks any person or other anima1 within the City of Friendswood, shall at the owner's option, be impounded by either a veterinarian or the dog pound. A dog or domestic animal which has scratched, bitten or otherwise attacked any person or other animal sha17 be surrendered to the Humane Officer or be delivered to a veterinarian within twenty-four (24) hours of said attack. Upon receipt of such dog or domestic animal by the Humane Officer -4- or veterinarian appropriate forms shall be filled out after examination of the animal and returned to the City Hall . Following the 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 rabies symptoms. If the second report is negative, the suspected animal may be released to its owner. Otherwise, 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 notified by the Humane Officer that 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 or veterinarian deems necessary. This section shall apply in its entirety to all domestic animals subject to rabies. 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 . SECTION X, Humane Officer and Deputies. There is hereby created the position of Humane Officer for the City of Friendswood. Said position shall be filled by appointment of the City Manager. The Humane Officer sha71 appoint such 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 the City Council may require. The position of Humane Officer may be salaried, unsalaried or fil1ed by contract at the discretion of the City Manager. SECTION XI. 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 shal1 have the right at any reasonable time to inspect any dog to determine if said dog is vaccinated and tagged as required 6y this Ordinance and shall have the authority to enter any premises for such purpose. It shall be unlawful for -5- 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 penalty pro- visions of this Ordinance. For the purpose of this Ordinance, the Humane Officer and his deputies are hereby designated as Police Officers and s�all have, possess and execute 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 that Police or Auxiliary Police Officers of the City of Friendswood shall have authority to act in the same capacity as the Humane Officer in his absences or at his direction. It shall be unlawful for any person or persons to release any animals from the custody of the Humane Officer and/or his deputies in any manner, or to tamper with or destroy any property used by the Humane Officer and/or his deputies in any manner, or to tamper 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 Officer. The Humane Officer shall keep and maintain all records as may be required to show in detail the disposition of all dogs taken into his custody, whether actually impounded or not. He shall keep detailed records regarding money co1lected by him and such other records as may be required by the City Council . All money collected by the Humane Officer shall be delivered to the City Treasurer who shall deposit the same in the general fund. SECTION XIII. Reports 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. SECTION XIV. 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 XV. Excepted Dogs. The following dags sha11 be excepted from all sections of this Ordinance except Section VIII: 1 . Dogs under the age of -6- 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, exhibit- ion or competition� 3. Trained police dogs under supervision and control of law enforcement officers while in performance of official duty. SECTION XVI: Penalties. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed gui7ty of a misdemeanor, and upon a determination of guilt shall be fined any sum not to exceed One Hundred ($100,00) Dollars. Each day of violation of any of the terms and provisions of this Ordinance shall constitute a separate and distinct violation. SECTION XVII: Severability Clause. If any section, sub-section, sentence, clause, phrase or word of this Ordinance is for any reason held to be unconstitu- tional or invalid, such decision shall not effect the remaining portions of this Ordinance. SECTION XVIII: Conflict with other Ordinances. Any Ordinance or part thereof which is in conflict with any provision of this Ordinance is hereby repealed to the extent of such conflict only. PASSED AS AN EMERGENCY ORDINANCE on the 2nd day of April 1973. FIRST READING taken this 2nd day of �ril , 1973 SECOND READING TAKEN this 16th day of April , 1973 PASSED, APPROVED AND FINALLY ADOPTED ON THIRD READING this 7th day of May , 1973. CITY OF FRIENDSWOOD, TEXAS �-i=� � Ral L. Lowe, Mayor ATTE T: e °`� ,!��. Bobbie C, Henry, City Se etary -7-