HomeMy WebLinkAboutOrdinance No. 83-12 � . . � . .
ORDINANCE N0. � ��
AN ORDINANCE REPEALING THE EXISTING ARTICLE II , DOGS
AND OTHER PETS ; RABIES CONTROL OF CHAPTER 3 OF THE
CODE OF ORDINANCES OP THE CITY OF FRIENDSWOOD AND
ADOPTING A NEW ARTICLE II OF CHAPTER 3 OF THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD TO BE STYLED
"ANIr4AL CONTROL; " PROVIDING DEFINITIONS ; ESTABLISHING
THE POWERS AND DUTIES OF HUMANE OFFICERS; PROVIDING
PROCEDURES FOR THE LICENSING OF DOGS AND CATS; PRO-
VIDING FOR RABIES VACCINATIONS; PROVIDING PROCEDURES
FOR ISSUING, SUSPENDING, AND REVOKING PERMITS FOR COM-
MERCIAL ANIMAL ESTABLISHMENTS ; PROVIDING FQR LICENSING
AND PERMITTING FEES ; A4AKING IT UNLAWFUL FOR D4GS QR
CATS TO RUN AT LARGE; PROVIDING PROCEDURES FOR REGU-
LATING, QUARANTINING, IMPOUNDING, CONTROLLING, AND
DISPOSING OF DANGEROUS OR RABID ANIr9ALS; A4AKING IT
UNLAWFUL TO EXCEED A LIMITED NUMBER OF DOGS OR CATS IN
PQSSESSION; 1��1AKING IT UNLAWFUL TO KEEP WILD OR EXOTIC
ANIb1ALS; MAKING IT UNLAWFUL TO RELEASE OR DUh�P ANI-
r4ALS ; DECLARING A PUBLIC NUISANCE; PROVIDING EXCEP-
TIONS ; PROVIDING A PENALTX OF AN AMOUNT NQT TO EXCEED
TWO HUNDRED DOLLARS ($200. 00) FOR ANY VIOLATION OF ANY
TERM OR PROVISION OF ARTICLE II OF CHAPTER 3 OF THE
FRIENDSWOOD CITY CODE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUB.7ECT.
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WHEREAS, the City Council of the City of Friendswood , Texas
finds and determines that the unregulated possession of animals
and pets within the city limits of the City of Friendswood ,
Texas can represent a signif icant threat to the health, safety
and welfare of the citizens of the City of Friendswood , Texas ;
and
WHEREAS , the City Council of the City of Friendswood , Texas
finds and determines that a comprehensive permitting, licens-
ing , and regulatory scheme for dogs , cats , and ather animals is
consistent with the duties and responsibilities of the City of
Friendswood , and is necessary to protect the health, safety,
and welfare of the citizens of the City of Friendswood, Texas ; _
and
WHEREAS, the City Council of the City of Friendswood , Texas
finds and determines that regulations as to the number of dogs
and cats and the locations where numbers o£ dogs and cats may
be maintained is necessary to protect the health, safety, and
welfare of the citizens of the City of Friendswood , Texas ; now,
therefore,
,
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BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section 1 . Purpose. The primary function and intent of
this Ordinance is protection of the health, safety and welfare
of the citizens of Friendswood, Texas by controlling the animal
population and establishing uniform rules for the control and
eradication of rabies.
Section 2. Population, Control , Eradication. The animal
population, rabies control and rabies eradication in Friends-
wood , Texas will be accomplished in conforrnance with this Ordi-
nance and the current or latest "Rabies Control and Eradica-
tion" rules of the Texas Department of Health which is made
part of the Ordinance by reference.
Section 3. Definitions. For the purpose of this Ordinance
the definitions as stated in the current or latest "Rabies Con-
trol and Eradication" rules of the Texas Department of Health
shall also apply with the following exceptions and/or additions :
(a) "Animal" shall mean a warm-blooded animal .
(b) "Animal Shelter" shall mean any facility operated by a
humane society, municipal agency, or any other governmental
entity or their authorized agents for the purpose of impounding
or caring for animals held under the authority of this Orc�i-
nance or state law. For the purposes of this Ordinance , "ani -
mal shelter" shall include the Friendswood City Pound .
(c) "Auction" shall mean any place or facility whose ani-
mals are regularly bought , sold , or traded , except for those
facilities otherwise defined in this Ordinance . This section
does not apply to individual sales of animals by owners.
(d) "Cat" shall mean any live or dead cat (Felis Catis) .
(e) "Circus" shall mean a commercial variety show featur-
ing animal acts for public entertainment.
(f) "Commercial Animal Establishment" shall mean any pet
shop, grooming shop, auction, riding school or stable, zoologi-
cal park, circus , performing animal exhibition, or kennel .
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(g) "Conf ined or Conf inement" of a dog shal l mean conf ined
within a building or home , or within a fenced yard or premises ,
so that the dog cannot escape from said building, house or
fenced yard or premises without human assistance.
(h) "Dog" shall mean any live or dead dog (Canis Famil -
iaris) .
(i ) "Exotic Animal" shall mean the same as wild animal .
(j ) "Grooming Shop" shall mean a commercial establishment
where animals are bathed , clipped , plucked or otherwise groomed .
(k) "Humane Officer" shall mean the duly appointed Humane
Officer of the City of Friendswood , Texas or his aut}iorized
representative or deputy.
(1 ) "Keeper" shall mean the person, firm, corporation or
association having temporary custody of a domestic animal in
the absence of the animal ' s owner.
(m) "Kennel" shall mean any premises taherein any person
engages in tlie business of boarding , breeding , buying , letting
for hire , training for a fee, or selling dogs or cats , or
wherein any person keeps , harbors , possesses, or maintains more
than four (4) dogs or four (4) cats or a combination of said
animals with the total number exceeding four (4) over three (3)
months old.
(n) "Licensing Authority" shall have the same meaning as
regulatory authority.
(o) "Multiple Dwelling" shall mean any structure designed
and intended to accommodate more than one family and includes
but is not limited to duplex buildings and apartment buildings .
(p) "Owner" shall mean any person, partnership, or corpor-
ation owning , keeping or harboring one or more animals. An
animal shall be deemed to be harbored if it is fed, sheltered
or allowed or permitted to remain on a person' s property for
three (3) or more days without said person notifying the office
of the Humane Officer.
(q) "Person" sha11 mean any individual , partnership, firm,
public or private corporation, association, trust or estate.
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(r) "Pet Shop" shall mean any person, corporation or part-
nership, whether operated separately or in connection with
another biisiness enterprise, except for a licensed kennel , that
buys , sells , or boards any species of animals.
(s) "Quarantine" shall mean complete and total isolation
in such a place and in such a manner and for a period of time
as may be prescribed by the Humane Officer.
(t) "Regulatory Authority" shall mean the City of Friends-
wood , Texas by and through its Humane Officer, his duly author-
ized representative , or where applicable herein, the palice
officers of the City of Friendswood .
(u) "Riding School or Stable" shall mean any place which
has available for hire , boarding and/or riding instruction, any
horse, pony, donkey, mule , or burro.
(v) � "Running at Large or At Large" shall mean any dog not
under voice and sight control of its owner 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.
(w) "Vaccination" shall mean a proper injection of a
rabies vaccine Iicensed for use in the subject species by the
United States Department of Agriculture or the Texas Department
of Health.
(x) "Veterinary Hospital" shall mean any establishment
maintained and operated by a licensed veterinarian for surgery,
diagnosis and treatment of diseases and injuries of animals.
(y) "Wild Animal" shall mean and include any mammal ,
amphibian, reptile or fowl which is of a species which is wild
by nature, and of a species which, due to size, vicious nature
or other characteristic is dangerous to human beings. Such
animals shall include, , but not be limited to, lions , tigers,
leopards, panthers , lynx, wolves, raccoons, skunks (whether
deoderized or not) , apes , gorillas , monkeys of a species where
average adult weight is twenty (20) pounds or more , foxes, ele-
phants, rhinoceroses , alligators, crocodiles , and all forms of
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poisonous reptiles and any other animal that is not indigenous
to The City of Friendswood , Texas . The term "wild animal" as
� used in this Ordinance shall not include gerbils , hamsters ,
guinea pigs , domestic white mice , or white rats or domestic
rabbits.
(z) "Zoological Park" shall mean any facility, other than
a pet shop or kennel , which displays or exhibits one or more
species of non-domesticated animals operated by a person, part-
nership, corporation, or government agency.
Section 4. Hu�ane Officer and Deputies.
(a) 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 shall
appoint such deputies as he deems necessary to fulfill his
duties under this Article . 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 filled by con-
tract at the discretion of the City Manager.
(b) The Humane Officer and his deputies shall carry out
the provisions of this Article as set forth. The Humane Offi-
cer 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.
(c) The Humane Officer and his deputies are hereby given
the authority to wear a badge of his 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.
(d) It shall be unlawful for any person or persons to
release any animals from the custody of the Humane Officer
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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.
(e) The Humane Officer shall have the power to prescribe
and promulgate such rules and regulations , not inconsistent
with any law of the State, as may be deemed necesary to protect
the health and safety of the people and to effectively perform
the duties imposed herein.
Section 5. Rabies Vaccination Required .
(a) The owner of each dog or cat shall have the dog or cat
vaccinated against rabies by the time the dog or cat is four
(4) months of age by means of an anti-rabies vaccine approved
by the Director, and said rabies vaccine shall be administered
by a duly licensed veterinarian. The immunization shall be for
a period of up to one (1 ) year.
(b) Every veterinarian who vaccinates any dog or cat
within the County shall issue a certificate of vaccination to
the owner, containing the following information :
(1 ) The owner ' s name, address, and telephone number,
(2) The animal ' s species, sex , age , predominant breed ,
color, and approximate weight.
(3) Vaccine 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.
Section 6. Use of Live Vaccine.
(a) No person except a duly licensed graduate veterinarian
shall vaccinate, or attempt to vaccinate any animal against
rabies by the use of modified live virus rabies vaccine.
(b) This Section shall not apply to the use of modified
� live virus rabies vaccine for research purposes, when such
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research is conducted by a medical school , licensed hospital or
non-profit university providing a degree program.
Section 7. License Required.
(a) Every person owning or having in his or her possession
a dog or cat is hereby required to obtain from the licensing
authority for each dog or cat an annual license therefor, which
must be obtained within thirty (30) days following an annual
rabies vaccination as required herein.
(b) No animal license shall be issued unless there is
exhibited to the licensing authority a certificate by a
licensed veterinarian showing that the animal to be licensed
has been inoculated with an approved rabies vaccine in accor-
dance with the recommendations of the manufacturer.
(c) The license shall be valid for a period of up to one
(1 ) year and shall coincide with the beginning and expiration
date of the rabies vaccination certificate.
(d) Any owner of a dog or cat brought into Friendswood
from other areas shall within seven ( 7) days of arrival obtain
a license for each dog or cat as required herein. Said license
shall be valid for the time stated in Section 6(c) of this
Ordinance but under any condition shall not be valid for longer
than one (1 ) year from the date of the last or current rabies
vaccination.
(e) Upon acceptance of the license application or rabies
vaccination certificate and payment of a license fee of five
($5 . 00) dollars, the licensing authority shall issue a durable
tag , stamped with an identifying number and the year of
issuance ; and said tag or the receipt for payment of said
license tag shall be presented to the licensing authority upon
demand. Failure to present the license tag or the receipt for
said tag, as required herein, shall constitute a violation of
this Ordinance.
(f) The owner of every dog or cat shall attach the license
identification tag to a collar or harness and said collar or
harness with tags shall be worn by the dog or cat at all times
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except when such dog is kennelled , fenced, or in competition.
Unless falling within the exception listed above, any dog not
identified with a current dog license tag shall be considered
and treated as an unlicensed dog.
(g ) The licensing authority shall maintain a record of the
identifying numbers of all tags issued and this record shall be
available to the public. If the license tag has been lost , a
duplicate may be obtained from the licensing authority for two
($2 . 00) dollars.
(h) It shall be unlawful for any person to o�an, keep,
harbor or have in his possession in Friendswood on the premises
owned or occupied by him, or at any other place, a dog or cat
for which a current license has not been obtained as provided
in this Ordinance, and said current license shall be valid and
unrevoked.
(i ) The provision of this Section requiring the licensing
of dogs and cats shall not apply to the following :
(1 ) Dogs and cats under the age of four (4) months if
kept within a sufficient enclosure.
( 2) Dogs or cats owned by, or in custody or under the
control of persons who are non-residents of the City of
Friendswood, traveling through the City temporarily sojourning
therein for a period not exceeding thirty (30) days.
(3) Dogs or cats brought to the City of Friendswood
exclusively for the purpose of entering the same in any show or
exhibition, and which are actually entered in and kept at such
show or exhibition.
(4) Dogs duly and properly trained to aid or assist
blind persons when such dogs are actually used by blind persons
for the purpose of aiding or assisting such blind persons in
going from place to place.
(5) Dags duly and properly trained to aid or assist
deaf persons when such dogs are actually used by deaf persons
for the purpose of aiding or assisting such deaf persons in
going from place to place.
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(6) Dogs or cats kept in kennels , as defined in
Section 3, but the owner or keeper of such kennels shall pay a
kennel fee as provided in Section 8.
(7) Dogs or cats kept in qualified institutions,
approved by the Humane Officer, for teaching or research pur-
poses.
(8) Dogs or cats kept in veterinary hospitals as
defined in Section 3.
Section 8. Permits Required for Commercial Animal
sta lis ments.
(a) Any person conducting, managing, owning , or maintain-
ing a commercial animal establishment must have ' a valid ,
neither suspended or revoked , permit for said establishment.
(b) Any person in the City of Friendswood conducting ,
managing , owning , or maintaining a commercial animal establish-
ment shall obtain a permit to do so from the Director of the
Health District and pay a permit fee as follows :
(1) For each kennel authorized to house less
than ten (10) dogs or cats. . . . . . . . . . . . . . . . . .$10. 00
(2) For each kennel authorized to house
ten (10) to twenty-five ( 25) dogs or
cats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15. 00
(3) For each kennel authorized to house over �
twenty-five ( 25) dogs or cats. . . . . . . . . . . . . . .$25. 00
(4) For each pet shop. . . . . . . . . . . . . . . . . . . . . . . . . . .$25. 00
(5) For each riding stable. . . . . . . . . . . . . . . . . . . . . . $25 . 00
(6) For each auction. . . . . . . . . . . . . . . . . . . . . . . . . . . .$25. 00
(7) For each zoological park. . . . . . . . . . . . . . . . . . . .$25. 00
(8) For each circus. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25. 00
(9) For each grooming shop. . . . . . . . . . . . . . . . . . . . . .$25. 00
(c) Each and every facility regulated by this Ordinance -
and listed in Section 8(b) shall be considered a separate
enterprise and requires an individual permit.
(d) All plans for construction of commercial animal estab-
lishments shall be submitted to and approved by the City before
any building permit is issued or any construction is begun.
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(e) Every commercial animal establishment shall be
erected, located and operated in conformance with the Zoning
Code of the City of Friendswood . No commercial animal estab-
lishment may be erected, located , or operated in any Zoned
Residential District of the City of Friendswood , nor may a com-
mercial animal establishment be erected , located or operated in
any Zoned Commercial District other than C-1 Commercial .
(f) No fee may be required of any veterinary hospital ,
animal shelter, government-operated zoological park or insti-
tutions approved by the Humane Officer for teaching or research
purposes. �
(g) Any person desiring to operate an animal establishment
listed in Section 8(b) shall make written application for a
permit on forms provided by the Humane Officer.
(h) � Prior to approval of an application for a permit the
Humane Officer shall inspect the proposed said establishment to
determine compliance with the requirements of this Ordinance.
(i ) The Humane Officer shall issue a permit to the appli-
cant if its inspection reveals that the proposed said estab-
lishment complies with the requirements of this Ordinance.
Each permit issued under the provisions of this Ordinance shall
be valid for a period of twelve (12) months after the date of
issuance thereof.
(j ) It shall be a condition of the issuance of any permit
or license that the Humane Officer shall be permitted to
inspect all animals and the premises where the animals are kept
at any time and shall , if permission for such inspection is
refused, suspend and/or revoke the permit or license of the
refusing owner ; and said owner will be subject to all penalties
herein.
(k) Any person whose permit or license is revoked shall ,
within ten (10) days thereafter, humanely dispose of all ani-
mals owned, kept or harbored by such person and no part of the
permit or license fee shall be refunded.
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(1 ) If the applicant has withheld or falsified any infor-
mation of the application, the Humane Officer shall revoke the
permit or license issued or may refuse to issue said permit or
license.
(m) No person who is or has been convicted of cruelty to
animals shall be issued a permit to operate an animal estab-
lishment.
Section 9. Collection of Fees.
(a) All permit and license fees shall be paid to and col-
lected by the City before any permit or license will be issued.
(b) The Humane Officer shall keep a current and accurate
accounting of all permit and license fees and other monies col-
' lected, the name of all persons upon whose account the same was
paid , the date and amount therefor.
Section 10. Suspension of Permit .
(a) The Humane Officer may, without warning , notice, or
hearing suspend any animal establishment permit at any time for
failure of the permit holder to keep his establishment and/or
premises in a sanitary condition, or for violation of any state
or local law or ordinance or any regulation promulgated by the
Humane Officer or any law governing the protection and keeping
of animals.
(b) Whenever a permit is suspended , the holder of the per-
mit or the person in charge shall be notified in writing that
the permit is, upon service of the notice, immediately sus-
pended , and that an opportunity for a hearing will be provided
if a written request for a hearing is filed with the regulatory
authority by the holder of the permit within ten (10) days. If
no written request for hearing is filed within ten (10) days,
the suspension is sustained. The regulatory authority may end
the suspension at any time, if reasons for suspension no longer
exist .
Section 11 . Revocation of Permit or License.
(a) The Humane Officer may, after providing opportunity
for a hearing , revoke a permit or license for serious or
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repeated violations of any of the requirements of this Ordi-
nance or any state or local laws or ordinances or for interfer-
ence with the Humane Officer in the performance of his duties .
Prior to revocation, the Humane Officer shall notify the holder
of the permit or license, or the person in charge, in writing
of the reason for which the permit or license is subject to
revocation; and that the permit or license shall be revoked at
the end of the ten (10) days following service of such notice
unless a written request for a hearing is filed with the Humane
Officer by the holder of the permit or license within such ten
(10) day period. If no request for hearing is filed within the
ten (10) day period , the revocation of the permit or license
becomes final .
(b) A notice provided for in this Ordinance is properly
served when it is delivered to the holder of the permit or
license or the person in charge, or when it is sent by regis-
tered or certified mail , return receipt requested , to the last
known address of the holder of the permit or license ; and
regardless if the letter is received by the holder of the per-
mit or license or not .
Section 12. Hearings. The hearings provided for in these
rules shall be conducted by the Humane Officer at a time and
place designated by him. Based upon the evidence of such
hearing , the Humane Officer shall make a final finding , and
shall sustain, modify or rescind any notice or order considered
in the hearing.
Section 13. Application After Revocation. Whenever a
revocation of a permit or license has become final the holder
of the revoked permit or license may make written application
for a new permit or license. The holder of the revoked permit
or license must meet all the rules and requirements as stated
in this Ordinance before a ne» permit or license will be
issued. If said application is not received and approved by
the City within ten (10) days after the final revocation all
animals shall be disposed of as required in Section 8(j ) of
this Ordinance.
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Section 14. Running At Large Prohibited . It shall be
unlawful for any person to permit a dog under their control to
be "at large. " Any dog found running "at large" shall be sub-
ject to seizure by the Humane Officer of the City. The Humane
Officer or his deputy shall issue a written summons to the
owner or keeper of any dog found to be "at large." Such sum-
mons 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 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 approximate weight. The Humane
Officer shall maintain records of all dogs impounded , and such
records shall be kept current within one (1 ) working day.
Section 15. Dangerous , Vicious , Mischievous Animals .
(a) If any animal bites or attempts to bite any person or
chases or otherwise attempts to catch a person or attacks or
attempts to attack any other animal while such animal is at
large, then such animal shall be conclusively presumed to be a
dangerous , vicious animal and an animal of dangerous and
vicious propensities and tendencies .
(b) Any dangerous, vicious or mischievous animal having
dangerous , vicious or mischievous propensities and tendencies
found at large after the owner thereof has previous knowledge
or notice that such dog is dangerous , vicious or mischievous or
has dangerous , vicious or mischievous propensities and tenden-
cies , may be killed by any law officer stated in Section 18 of
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this Ordinance , without such officer having to catch or impound
such animal or notifying the owner of such animal.
Section 16. Bitches in Heat. It shall be a violation of
this Ordinance to allow or permit any bitch dog while in heat ,
to run at large and such bitches in heat shall be securely con-
fined to the premises of the owner in such a manner as shall
not create or cause to be created a nuisance of any kind to any
person or persons .
Section 17. Report of Animal Attacks. Any person having
knowledge of an animal bite or scratch or other attack on an
individual or of an animal that the person suspects is rabid ,
shall report the incident or animal to the Health Officer or
the Friendswood Police. The report shall include the name and
address of any victim and of the owner of the animal , if known,
and any� other data which may aid in the locating of the victim
or the animal . The person shall make said report as soon as
possible , but not later than twenty-four (24) hours from the
time of the incident.
Section 18. Animals With Rabies. It is hereby made the
duty of the Health Officer and his deputies and the Friendswood
Chief of Police and his full time salaried officers to kill and
exterminate any and all animals at large, when said animals
are , or appear to be , affected with hydrophobia, or any other
infectious, contagious , or dangerous disease or when such ani-
mal is sick, injured, or in such other condition as it may not
be expected to live ; provided that any animal suspected of
rabies shall be killed in such a manner as not to damage the
brain. It shall not be necessary to impound or advertise such
animals by posting notice, notifying the owner or otherwise,
but it shall be the duty of said officers to kill and extermi-
nate any and all such animals instantly, provided , however,
that the officer killing such animals and before disposing of
same, shall report it to the Health Officer who shall order the
disposal of the carcass as he deems necessary and said officer
shall further submit a written report to the Health Officer
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: containing the facts thereof.
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Section 19. Quarantining of Rabies Suspects .
(a) Any dog or cat that has rabies or symptoms thereof , or
that bites, scratches or otherwise attacks any person within
the City shall be quarantined and held for a period of ten (10)
days in a public pound or other place of confinement designated
or approved by the Health Officer and under such conditions and
in such a manner as may be prescribed by the Health Officer.
(b) The owner, keeper, or person in charge of any animal
that has rabies , or that has been exposed to rabies , or that
has symptoms thereof , or that has bitten, scratched , or other-
wise attacked any person or other animal or that is in quaran-
tine as a rabies suspect , within the City shall , on demand ,
turn over said animal to the Health Officer or the Police.
(c) Whenever and wherever in this Ordinance an animal is
required to be impounded or confined in quarantine, the place
and method of impoundment or confinement shall be at the dis-
cretion of the Health Officer, however, the owner of the animal
may request permission from the Health Officer for home quaran-
tine if the following criteria can be met :
(1 ) Secure facilities must be available at the home
of the animal ' s owner, and must be approved by the Health
Officer.
(2) The animal is currently vaccinated against rabies.
(3) The Health Officer or a licensed veterinarian
must observe the animal at least on the first and last day of
the quarantine period. If the animal becomes ill during the
observation period , the Health Officer must be notified by the
person having possession of the animal . At the end of the
observation period the release from quarantine must be accom-
plished in writing.
(4) The animal was not in violation of any laws at
the time of the bite.
(5) If the biting animal cannot be maintained for any
reason in secure quarantine, it shall be humanely destroyed and
the brain submitted to a Texas Department of Health certified
laboratory for rabies diagnosis.
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(d) No wild animal will be placed in quarantine. All wild
animals that have rabies , or that have been exposed to rabies ,
or that have symptoms thereof , or that have bitten, scratched ,
or otherwise attacked any person or other animal will be
humanely killed in such a manner that the brain is not muti -
lated. The brain shall be submitted to a Texas Department of
Health certified laboratory for rabies diagnosis.
(e) Veterinarian fees, impoundment or quarantine cost ,
euthanasia, body disposal , and any and all other fees , costs or
charges shall be the direct responsibility of the animal owner
or custodian.
(f) No animal shall be released or moved from the place of
approved confinement , except by the Health Officer, until after
the ten (10) day quarantine period and then only after inspec-
tion of � the animal has been made and its release approved by
the Health Officer.
(g ) No animal confined or quarantined as a rabies suspect
. as required herein shall be given a rabies vaccination until
after the ten (10) day quarantine period .
(h) If a quarantined animal is found to be rabid or if in
the opinion of the Health Officer or veterinarian, is suspected
of being rabid, the Health Officer shall humanely destroy the
animal or cause the animal to be humanely destroyed and the
brain submitted to a Texas Department of Health certified
laboratory for rabies diagnosis.
Section 20. Notice of Impounding .
As soon as possible after any animal has been delivered to
or picked up by the Health Officer, it shall be his duty to
post or enter a record of each animal , describing each animal ,
whether bearing a license tag or not , and giving the number of
the tag and the name of the person registering the animal in
each case where the animal bears a license tag. In case the
animal bears a license tag, the Health Officer may, but is not
obligated to notify the person to whom such license tag was
issued. The owner of said animal may be notified in person, by
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letter, postal card, telephone or tiaritten notice left at his
last known residence. The owner shall be deemed notified upon
mailing of said letter or postal card or leaving of said
written notice whether the owner of the animal receives the
notice or not.
Section 21 . Impoundment.
(a) Licensed dogs which have been impounded shall be held
for a period of at least seven ( 7) days after capture before
such dogs are disposed of by sale or destruction.
(b) 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 three (3) days
after capture prior to being disposed of by sale or destruction.
Section 22. Release of Quarantined and Impounded Animals.
If a quarantined or impounded animal is found to be free
from rabies or other infectious or contagious diseases , the
Health Officer shall release it to the owner following the
quarantine or impoundment period as specified in this Ordinance
if :
(a) the owner pays the pound fee for each dog or cat
so redeemed as follows :
(1) first impoundment . . . . . . . . . . . . . . . . .$lO. Od
( Z) second impoundment . . . . . . . . . . . . . . . .$20. 00
(3) third and subsequent
impoundments . . . . . . . . . . . . . . . . . . .$30. 00
these fees shall be in addition to any applicable tax or fine ,
if any, and in addition to the pound fee, the owner shall pay
three ($3. 00) dollars for each dog or cat for each day or part _
of a day after the first day which such dog or cat may be
impounded ;
(b) The owner has an unexpired rabies vaccination
certificate and license for the animal or the animal is vac-
cinated against rabies by a licensed veterinarian at the
owner' s expense and a city or county license for the animal is
obtained ;
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(c) the owner presents proper identification and
proof of ownership ; and
(d) all fees , costs or charges incurred have been
paid by the owner of the animal .
Section 23. Disposal of Quarantined and Impounded Animals.
(a) The Health Officer may sell and retain the proceeds
for the City, keep, grant , or humanely destroy or destroy in
such a manner as the Health Officer may deem necessary under
the circumstances, any animal that the owner or custodian does
not take possession of as provided in Sections 21 and 22 herein.
(b) It is expressly provided that in case of diseased ,
sick, injured or otherwise unhealthy animals , impounded under
these regulations , other than those affected or thought to be
affected by rabies , it shall be unnecessary to await the expir-
ation of the impounded or redemption period before disposing of
such animals.
Section 24. Disposal of Carcasses .
(a) All animal carcasses shall be deposited in such place
and in such manner as may be designated or prescribed for such
purpose by the Health Officer.
(b) The owner or person having control or charge of an
animal before death shall be totally responsible for the dis-
posal of the animal carcass and shall contact the Health
Officer for direction for the disposal of said carcass.
(c) All fees , costs or charges incurred in the disposal of
the animal carcass shall be the responsibility of the animal
owner or person having charge or control of said animal at the
time of or prior to the animal ' s death.
(d) The carcasses of all animals shall be property dis-
posed of in accordance with the provisions of this Ordinance as
soon as possible, but under no circumstance later than forty-
eight (48) hours after death.
(e) If the owner of the dead animal cannot be identified,
the property owner or the person having charge or control of
the property containing the carcass shall be responsible for
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the carcass disposal and is subject to all provisions contained
herein.
Section 25 . Number of Dogs and Cats Limited.
(a) It shall be unlawful for any person to keep, harbor,
possess , maintain or allow to be kept , harbored, possessed or
maintained more than four (4) dogs or four (4) cats or a combi-
nation of said animals with the total number exceeding four
(4) , over three (3) months old, upon or within any premises
owned, occupied or under the control of such person within the
City of Friendswood except where specifically exempt in Section
25(c) of this Ordinance.
(b) It shall be unlawful for any person to keep, harbor,
possess , maintain or allow to be kept , harbored , possessed or
maintained more than two ( 2) dogs or two ( 2) cats or a combi-
nation of said animals with the total number exceeding two (2) ,
over three (3) months old, upon any premises or within any
apartment of a multiple dwelling structure within the City of
Friendswood. The Health Officer shall have full authority to
limit the number of dogs , cats and any and all other animals
per apartment , in any specific area of the complex, or in the
multiple dwelling complex as a whole and he shall have the
authority to enforce any such regulation as he may deem neces-
sary for the control of rabies and for the health and safety of
the people within such multiple dwelling complexes.
(c) The provision of this Section limiting the number of
animals (Section 25) shall not apply to the following :
(1 ) Veterinary Hospitals
( 2) Pet Shops
(3) Kennels
(4) Circuses
(5) Animal Shelters
Section 26. Keeping of Wild or Exotic Animals Prohibited
an xceptions.
(a) It shall be unlawful for any person to possess , keep,
permit, suffer, cause or allow any wild or exotic animal upon
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or within any premises within the City of Friendswood. This
Section shall not be construed to apply to zoological parks ,
performing animal exhibitions , circuses or veterinary hospitals.
(b) No person shall keep or permit to be kept any wild or
exotic animal as a pet unless permitted by the Health Officer.
(c) The Health Officer may issue a temporary permit for
the keeping , care, and protection of an infant animal native to
this area which has been deemed to be homeless.
Section 27. Releasing or Dumping of Animals .
(a) It shall be a violation of this Ordinance for any per-
son to dump, release or abandon any animal , dog , cat or other,
whatsoever on any property, whether public or private , within
the City of Friendswood.
(b) Any person having knowledge of an animal which has
been or � is believed to have been dumped , released or abandoned
shall so notify the Health Officer or the Police and shall give
all pertinent information including description and location of
animal and the name, address , car license number, or any other
information or description of the person who dumped , released
or abandoned the animal , if known.
(c) Any person who keeps , harbors , feeds , shelters or
otherwise allows any stray animal or any animal which has been
dumped , released or abandoned, to remain on his property or
allows or permits egress or ingress for three (3) or more days
without notifying the Health Officer, shall hereby be deemed
the owner of said animal .
Section 28. Public Nuisance.
(a) No owner shall fail to exercise proper care and con-
trol of his animal and the premises where said animals are kept
to prevent them from becoming a public nuisance.
(b) All of the following conditions , situations or occur-
rences are hereby declared to be a public nuisance and failure
of the owner to exercise proper care and control of his animal
and/or the premises where said animal or animals are or have
bee�► kept :
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(1 ) Any animal which turns over garbage containers or
scatters garbage or which otherwise damages private or public
property.
(2) Any dog, livestock or fowl at large or free-
roaming off of private property owned or controlled by the
owner of said dog , livestock or fo�al.
(3) Any animal which barks , whines , or howls in an
excessive, continuous, or untimely fashion.
(4) Any building, room, cage, kennel , yard , run or
any other place or facility where animals are kept or harbored
which is not maintained in a clean and sanitary conditiori so as
to prevent obnoxious odors, the attraction, breeding or poten-
tial breeding of flies , the attraction, harboring or breeding
of rodents or the creation of any other public health nuisances.
Section 29. Enforcement .
The provisions of this Ordinance shall be enforced by the
Health Officer or his delegated representative. It shall be a
violation of this Ordinance to interfere with the Health Offi-
cer or his delegated humane officer or any other delegated
representative of the Health Officer in the performance of his
duties.
Section 30. In Addition to or in Lieu of Impounding ,
Suspension or Revocation.
In addition to or in lieu of impounding an animal which is
in violation or has violated any section or subsection of this
Ordinance or in addition to or in lieu of suspension or revo-
cation of a license or permit, the Health Officer or any full
time salaried police or law enforcement officer may issue to
the owner of such animal or holder of such license or permit a _
notice of ordinance violation.
Section 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 hun-
dred dollars ($200. 00) . Each day of violation of any term or
prov-ision of t�is Article shall constitute a separate offense.
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Section 32. Severability.
In case any section, clause, sentence or paragraph or any
part of this Ordinance shall for any reason be adjudged by any
court of competent jurisdiction to be invalid , such invalidity
shall not affect, impair, or invalidate the continued enforce-
ability of the remainder of this Ordinance.
Section 33. Effective Date.
This Ordinance shall be in full force and effect from and
after its passage and its publication as provided by Iaw. Pub-
lication shall be by caption only.
Section 34. Repealer.
Effective the effective date of this Ordnance , the existing
Article II , Chapter 3, entitled Dogs and Other Pets ; Rabies
Control , of the Code of Ordinances of the City of Friendswood
shall be in all things repealed and the terms and provisions of
this Ordinance codified as a new Article II , Chapter 3,
entitled "Animal Control . "
PASSED AND APPROVED on first reading this the //�� day of
i', , 1983.
✓�
PASSED AND APPROVED on second reading this the � day of
� , 1983.
s.
PASSED, APPROVED AND ADOPTED on third and final reading
this the;��� day of .- —` �:, .. , 1983.
� , > ,> �
,� ���.
Mayor
ATTEST:
i y ecretar
�
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