HomeMy WebLinkAboutOrdinance No. 81-01-E rry
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OP�DINANCE N0. ` "
AN ORDINANCE AMENDING SECTIONS 3-15 , 3-16 , 3-17 ,
3-18 , 3-19 , 3-23 , 3-25 , 3-2g , APJD 3-30 OF
ARTICLE II OF CHAYTER 3 OF THE FRIENDSWOOD CITY
CODE, BY STRIKING ALL OF SAID SECTIONS AND SUBSTI-
TUTING THEREFOR NEW SECTION� 3-15 , 3-16 , 3-17 ,
3-18 , 3-19 , 3-23 , 3-25 , 3-29 , Ar1D 3-30 oF
ARTICLE II OF CHAPTER 3 OF THE I'RIENDSWOOD CITY
CODE; PROVIDING DEFINITIONS ; PROVIDING IT UNLAWFUL
FOP. ANY PERSON 4JH0 OWNS OR KEEPS A DOG OR CAT TO
FAIL TO OBTAIN A LICENSE FOR SUCH DOG OR CAT; PRO-
VIDING PROCEDUP�ES FOR THE LICENSING OF DOGS AND
CATS ; PROVIDING IT UNLAWFUL FOR ANY PEP.SON WHO OWNS
OR KEEPS A DOG TO PERI�IIT SUCH DOG TO RUN AT LARGE ;
P�OVIDING FOR THE IZ�POUNDTIENT OF DOGS RUNNING AT
LARGE; PROVIDING FOR NOTIFICATION OF OWNERS OF IT1-
POUNDED DOGS ; PROVIDING FOR THE KEEPING OF RECORDS ;
PROVIDING FOR THE PERIOD OF IMPOUNDMEIJT; PROVIDING
FOR REDEMPTION BY THE OWNERS OF Ii�POUNDED DOGS ;
PROVIDING FOR QUARANTINE AND TESTING OF DONIESTIC
ANI�IALS SUSPECTED OF HAVING RABIES ; PROVIDING THE
POWERS AND DUTIES OF HU1�IANE OFFICERS ; PROVIDING
EXCEPTIONS ; AND PROVIDING A PENALTY OF AN AP�TOUNT �
NOT TO E�CEED TWO HUNDRED DOLLARS ($200) FOR ANY
VIOLATION OF AP1Y TEItr2 OR PROVISION OF ARTICLE II
OF SECTION 3 OF THE FRIENDSWOOD CITY CODE, AND
DECLARING AN EMERGENCY.
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 Friendswaod 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 following words and terms shall be
interpreted as follows :
1 . A�t�Lar_�e_ - sha7_1 mean any dog not under voice
and sight control of its o�mer 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 . D� - shall mean any live or dead dog (Canis Familiar�_s) .
4 . City Pound - shall mean the place designat�d by the
City o�Friendswood as the place for the confinernent
of domestic animals .
5 . Domestic Animals - shall mean any species of animal
ept by an owner as a pet .
6 . Oj•✓ner - shall mean the person , firm, corporation ,
or association keeping , harboring , or having control
or custody of a domestic animal .
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7 . Kee�er - shall mean the p�rson , firm, corporation or
�� association h�ving temporary custody of a domesti_c
! animal in tlle absence of the anirnal' s ownex .
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II . 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, ar 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 information:
l . 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 .
5 . Rabies tag number , which shall be entered upon
receipt of the tag .
6 . Veterinarian' s signature and license number .
"All licenses for dogs and cats within the City shall be
renewed before the expiration of T2 months after the
issuance of the previous license issued by the City .
Owners ot 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 Runninr at�e .
It shall be unlaw ul or any person to permit a dog under
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 officer or his deputy
shall issue a written surranons to the owner or keeper ot
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 sununons 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 si.gnature 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 p�rmitting a dog under
their care to run "at large . " A dog need not be "at
large" at the actual time the written sununons 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 Friendswoad City Code is hereby amended by striking all
of said Section 3-18 and substituting therefor the following :
"Sec . 3-1$ . 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 sa�.e or destruction.
Section 5. Section 3-19 of Article II of Chapter 3 of
the Friendswood City Code is hereby amended by �triking 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 of
the Friendswood City Code is hereby amended by striking all
of said Sectian 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 animal
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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"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 re�ulations 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 (1Q) 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 off�cer shall ��use the removal
of the head or brain of the animal and submit it to the
near�st Texas Aepartment of Health labo�atoxy for testing.
Th� owner of an animal that is quaxantined shall pay
al� costs o� the quarantine and disposition a� the anirnal ,
and the humane officer may bring suit �o collect such
�osts . 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 oraner 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 . . The humane o icer and his eputies sha 1
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 officex
and his deputies are hereby designated as police officers
and shall have, possess and execute the power , authority
and jurisdiction thereot . Said of�icer and his deputies
are hereby given the authority to wear a badge of th�s
office, said badge to be furnished by the City of Friendswood.
It is further provided that police or auxiliary police
officers of ttle City af Friendswood shall have authority to
act in the same capacity as the humane officex in his absence
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
tiis deputies in any manner , or to tamper with or destroy
any property used by the humane o�ficer and/or his deputies
for the purpose of enforcing this Article .
Section 8 . Section 3-29 of Article II of Chapter 3 of
the Friendswaod City Code is he�eby amended by striking all
of said Section 3-29 and substitu�ing therefor the following :
"Sec . 3-29 . Excepted Animals .
The following animals shall be excepted from all sections
of this Article except Sec�ion 3-22 :
(1) Dogs and cats under the age of four (4) months if
kegt wxthin an enclosure; �� 4 �
(2) Aogs brought to the City exclusivel� far the purpose
of entering $ame in any dog show, exh�bition or cQmpetition
a�d which $re actually �ntered in and kep� afi said Show,
ex�ib�tion or compet�t�o�;
(3� Trained police dags under sµpervis�on and control of
law enforcement afficers while in performance of official
duty.
Section 9 . Section 3-30 0� Article II of Chapter 3 of
the Fr�endswood City Code is hereby amended by striking all _
of said Section 3-30 and substituting therefor the follawing :
"Sec . 3-30. Peiialties . Any person , firm or corporation
v�olating any�provision of this Article shall be deemed
guilty o� a misdemeanor and, upon conviction shall be
fined in an amount not to exceed two hundred dollars
($200. 00) . Each day of viola�ion of any term or provision
of this Article shall consti.tuCe a separate offense .
Section 10 . The City Council hereby finds and determines
that an emergency exists necessitating adoption of this
ordinance on one reading in order to preserve and protect the
health, safety and welfare of the citizens of the City.
PASSED, APPROVED, AND ADOPTED AS AN EMERGENCY this 16th day
of February, 1981.
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Mayor
ATTEST:
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City ecretary
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