HomeMy WebLinkAboutOrdinance No. 81-01-R r � , •
ORDINANCE NO. ��' I�I ��
AN ORDINANCE AMENDING SECTIONS 3-15 , 3-16 , 3-17 ,
3-18, 3-19, 3-23, 3-25 , 3-2.9, 1�ND 3-30 oF
ARTICLE II OF CHAPTER 3 OF THE FRIENDSWOOD CITY
CODE, BY STRIKING ALL OF SAID SECTIONS AND SUBSTI-
TUTING THEREFOR NEW SECTIONS 3-15 , 3-16 , 3-17 ,
3-18 , 3-19, �-23, 3-25 , 3-29 , Ar�D 3-30 oF
ARTICLE II OF CHAPTER 3 OF THE rRIENDSW00D CITY
CODE; PROVIDING DEFINITIONS ; PROVIDING IT UNLAWFUL
FOP. ANY PERSON WHO OWNS OR KEEPS A DOG OR CAT TO
FAIL TO OBTAIN A LICENSE FOR SUCH DOG OR CAT; PRO-
VIDING PROCEDURES FOR THE LICENSING OF DOGS AND
CATS ; PROVIDING IT UNLAWFUL FOR ANY PEP.SON WHO OWNS
� OR KEEPS A DOG TO PERMIT SUCH DOG TO RUN AT LARGE;
PROVIDING FOR THE IP�OUNDTZENT OF DOGS RUNNING AT
LARGE; PROVIDING FOR NOTIFICATION OF OWNERS OF Ir-i-
POUNDED DOGS; PROVIDING FOR THE KEEPING OF RECORDS ;
PROVIDING FOR THE PERIOD OF IMPOUNDMENT; PROVIDING
FOR REDEMPTION BY THE OWNERS OF IMPOUNDED DOGS ;
PROVIDING FOR QUARANTINE AND TESTING OF DOMESTIC
ANIMALS SUSPECTED OF HAVING RABIES ; PROVIDING THE
POWERS AND DUTIES OF HU1�IANE OFFICERS; PROVIDING
EXCEPTIONS ; AND PROVIDING A PENALTY OF AN AP�ZOUNT
NOT TO EXCEED TWO HUNDRED DOLLARS ($200) FOR ANY
VIOLATION OF ANY TERr2 OR PROVISION OF ARTICLE II
OF SECTION 3 OF THE FRIENDSWOOD CITY CODE .
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BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section 1. Section 3-15 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all of
said Section 3-15 and substituting therefor the following :
"Sec. 3-15 . Definitions . For the purpose of this
Artic e , the ollowing words and terms shall be
interpreted as follows :
l . A�t Lar �e - shall mean any dog not under voice
an�sight control of its oVmer or keeper on its
owner' s or keeper' s private property, or, any
dog not under leash control of its owner
or keeper on property other than its owner ' s or
keeper' s private property.
2. Cat - shall mean any live or dead cat (Felis Catis) .
3 . Do� - shall mean any live or dead dog (Canis Familiaris) .
4. Cit Pound - shall mean the place designated by the
City o Friendswood as the place for the confinement
of domestic animals .
5 . Domestic Animals - shall mean any species of animal
ept by an owner as a pet.
6 . Owner - shall mean the person, firm, corporation,
or association keeping, harboring, or having control ,
or custody of a domestic animal .
7 . Keeper - shall mean the person, �irm, corporation or
association having temporary custody of a domestic
animal in the absence of the animal' s owner .
B. Vaccination - shall mean a proper injection of a rabies
vaccine licensed for use in the subject species by the
United States Department of Agriculture.
Section 2 . Section 3-16 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-16 and substituting therefor the following :
"Sec . 3-16 . Licensin of Do s and Cats . It shall be
un aw u or any person to own, har or, or control any
dog or cat over four (4) months of age within the City
unless such dog or cat is licensed as provided herein.
The prerequisite for a license shall be a rabies vaccina-
tion certificate, issued by a licensed veterinarian,
dated not more than 30 days prior to application for
a license. The rabies vaccination certificate shall
contain the following infor�ation:
1 . The owner' s name, address , and telephone number ,
2 . The animal ' s species , sex, age, predominant breed,
color, and approximate weight .
3 . �'accine used, producer, expiration date and serial
number .
4. Date vaccinated.
S . Rabies tag number, which shall be entered upon
receipt of the tag .
6 . Veterinarian' s signature and license number .
"Al1 licenses for dogs and cats within the City shall be
renewed before the expiration of Y2 months after the
. issuance of the previous license issued by the City.
Owners of licensed dogs shall be issued a license certifi-
cate and a tag which shall be securely attached to
licensed dogs at all times except when such dog is ken-
nelled, fenced, or in competition. Unless falling within
an exception listed above , any dog not identified with
a current dog license tag shall be considered and treated
as an unlicensed dog.
Section 3 . Section 3-17 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-17 and substituting therefor the following :
"Sec. 3-17 . Im oundment of Do s Found Runnin at Lar e.
It shall be unlaw ul or any person to permit a og un er
their control to be "at large. " Any dog found running
"at large" shall be subject to seizure by the humane
officer of the City. The humane o�ficer or his deputy
shall issue a written summons to the owner or keeper of
any dog found to be "at large. " Such summons shall
notify the owner or keeper of the dog of the nature of
the violation and the time and place of the violation.
The summons shall also 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
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to and shall in no way affect or limit the authority
of the humane officer or his deputy to issue a summons
to a dog owner or keeper for permitting a dog under
their care to run "at large. " A dog need not be at
large" at the actual time the written summons is issued.
A dog which has been seized by the humane officer shall
be impounded in the City pound. Any dog so impounded
shall be registered as to sex, breed, color, and approx-
imate weight. It shall be the duty of the humane officer
or his deputy to attempt to notify the owner of any
licensed dog seized by him within 24 hours after seizure .
The humane officer shall maintain records of all dogs
impounded, and such records shall be kept current within
1 working day.
Section 4. Section 3-18 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-18 and substituting therefor the following :
"Sec. 3-18 . Impoundment .
(1) Licensed dogs which have been impounded shall be
held for a period of at least 7 days after capture
before such dogs are disposed of by sale or destruction.
(2) Unlicensed dogs which do not display symptoms of
rabies or vicious tendencies and which have been impounded
shall be held for a period of not less than 3 days after
capture prior to being disposed of by sale or destruction.
Section 5. Section 3-19 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-19 and substituting therefor the following :
"Sec . 3-19 . Fees for Impoundment.
Fees for the impoundment of domestic animals shall be as
�ollows :
(1) first impoundment . . . . . . . . . . . . $10 . 00
(2) second impoundment . . . . . . . . . . . $20. 00
(3) third and subsequent impoundments . . . . $30 . 00
Section 6. Section 3-23 of Article II of Chapter 3 0�
the Friendswood City Code is hereby amended by striking all
of said Section 3-23 and substituting therefor the following:
"Sec. 3-23 . Rabies . Any person who suspects that an
animal is capable of transmitting rabies , or who has
knowledge of an animal biting, scratching , or otherwise
attacking an individual or other animal, shall report
the animal and/or incident to the humane officer of the
City. The report shall include a description of the ani.mal
and the incident , the name and address of any victim, and
the name of the owner of the animal , if known. It shall
be the duty of the humane officer or his deputy to investi-
gate all such reports .
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5 • ,�.. - .
"Any animal that displays symptoms of rabies , or any
domestic animal that bites , scratches or otherwise
attacks any person or other animal within the City
shall, at the owner' s option, be quarantined either
by a veterinarian or the humane officer of the City.
The owner of a domestic animal may request permission
from the humane officer for home quarantine under the
rules and regulations of the Texas Department of
Health. Any domestic animal which has scratched,
bitten or otherwise attacked any person or other ani-
mal shall be surrendered to the humane officer within
twenty-four (24) hours of said attack. Appropriate
forms shall be filled out after examination of the
animal and filed with the City. Following the expir-
ation of at least ten (10) days after date of impound-
ing for suspicion of rabies , or ten (10) days from
the date of the bite or scratch, a second report on the
suspected animal shall be prepared and filed with the
City as evidence of the examination for rabies symptoms .
If the second report is negative, the suspected animal
may be released to its owner if :
(1) the owner has an unexpired rabies
vaccination certificate for the animal ; or
(2) the animal is vaccinated against rabies
by a licensed veterinarian at the owner ' s
expense .
"If the animal is found to be rabid it shall be humanely
destroyed. If the animal dies or is destroyed while
in quarantine, the humane officer shall cause the removal
of the head or brain of the animal and submit it to the
nearest Texas Department of Health laboratory for testing .
T�e owner of an animal that is quarantined shall pay
all costs of the quarantine and disposition of the animal ,
and the humane officer may bring suit to collect such
costs . The owner of any animal or person known to have
been attacked by a rabid animal shall be notified by
the humane officer that the attacking animal was rabid.
Any domestic animal which has been exposed to rabies
shall be quarantined by the owner, as provided above , for
such period as the humane officer deems necessary. If
an animal owner or keeper fails to take possession of
an animal after the expiration of 15 days following the
final day of quarantine, the humane officer may sell ,
grant, keep , or destroy such animal . Any proceeds from
the sale of such animals shall be deposited into the
treasury of the City.
Section 7 . Section 3-25 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-25 and substituting therefor the following :
"Sec. 3-25 . Powers and Duties of Humane Officer and
Deputies . . T e humane o icer and his deputies shall
carry out the provisions of this Article 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 Article, to take possession of any dog
running "at large" , and to take possession of any ani-
mal which the humane officer or his deputy reasonably
suspects to be rabid.
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"For the purpose of this Article, the humane officer
and his deputies are hereby designated as police officers
and shall have� possess and execute the power , authority
and jurisdiction thereof . 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 absence
or at his direction.
"It shall be unlawful for any pezson 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
for the purpose of enforcing this Article.
Section 8 . Section 3-29 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-29 and substituting therefor the following;
"Sec . 3-29 . Excepted Animals .
The following animals shall be excepted from all sections
of this Article except Section 3-22 :
(1) Dogs and cats under the age of four (4) 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 9 . Section 3-30 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-30 and substituting therefor the following :
"Sec . 3-30. Abandonment of Domestic Animals . It shall be
unlaw ul or any person to abandon, cause to be abandoned,
or permit the abandonment of any domestic animal . For the
purpose of this Article , abandonment shall mean placing,
leaving or otherwise deserting a domestic animal at a loca-
tion other than the premises of the domestic animal ' s owner ,
and, where such domestic animal is required to rely upon
itself for food, shelter or care .
Section 10. Section 3-31 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by striking all
of said Section 3-31 and substituting therefor the following :
"Sec . 3-31 . Penalties . Any person, firm or corporation
violating any provision of this Article shall be deemed
guilty of a misdemeanor and, upon conviction, shall be
fined in an amount not to exceed two hundred dollars
($200. 00) . Each day of violation of any term or provision
of this Article shall constitute a separate offense.
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PASSED AND APPROVED on first reading this theC��` day of
��� ' i , , 1981 .
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PASSED AND APPROVED on second reading this the � day o
r
' ��. ;� , 1981 ,
PASSED, APPROVED AND ADOPTED on third and final reading this
the � day of �,lG/��?� , 1981 .
� �� �:
d� ,�. .��
Mayor
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ATTEST:
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� e--c-__C C� ��i[ !C/
City Secretary �
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