HomeMy WebLinkAboutOrdinance No. 92-11 ORDINANdE NO. 92-i1
AN ORDINANCE AMENDING TH!E FRIENOSWOOD CITY CODE BY ADDING
TO ARTICLE II OF CAAPTER 3 THEREOF A NEW SECTION 3-42 .5;
PRaVIDING IT UNLAWFUL FmR ANY PERSON TO FAIL TO PROMPTLY
REMOVE AND DISPOSE OF, �N A SANITARY MANNER, FECES LEFT
BY A DOG OR CAT BE NG HANDLED BY SUCIi PERSON ON PROPERTY
OTHER THAN THE PR�ISES OF THE OWNER OR HANDLER OF SUCH
DOG OR CAT; PROVIDING IT UNLAWFUL FOR ANY PERSON WALICING
A DOG 012 CAT TO BE W�THOUT A SUITABLE CONTAINER OR
INSTRUMENT FOR TFiE REMCyVAL AND DISPOSAL OF SUCH FECES;
PROVIDING OTHER MATTFRS RELATING TQ THE SUBJECT;
PROVIDING EXCEPTIQNS; F}ROVIDING A PENAI.,TY OF AN AMOUNT
NOT TO EXCEED $2{000 �F'OR VIOLATION OF ANY PROVISION
HEREOF; AND PROVIDING FhR SEVERABILITY.
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WHEREAS, many citizens of the City of Friendswood have dogs or
cats as pets; and �
WHEREAS, the failure of •the owners thereof to remove the feces
of said dogs and cats fro� public property and other private
property constitutes a-•nuisance and creates a hazard to public k
health; now therefore
BE IT ORDAINFD BY THE CITY� COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXA$:
Section 1. The Code of Ordinances of the City ot Friendswood,
Texas, is hereby amended b� adding to Article II of Chapter 3
thereof a new Section 3-42.� to provide as follows:
. "Sec. 3-42 . 5 Defecatic�n by doas or cats.
It s all be unla�rful for an erson to fail to
promptly remove and dispose of, in a sanitary manner,
�eces left bv a doct or 'cat being handled bv that person
on propertv, public or `private, other than the premises
of the owner or handler of such doq or cat. Fvr the
purposes hereof "handl�r" shall mean the person havincx
custodY and control of •such doq or cat, whether by leash
or by voice and si�ht. Further it shaZl be un�awful for
anv person to walk a doq_or cat on pub�ic p�opert� or the
private property of sdmeone other than the owner or
handler of such dog or cat without havinq in their
possession a container Or o�her instrument suitable for
the removal and disposal of such animal�s feces in a
sa�itary manner. This section shail not� however, aanlv
to handicap�ed persons' using cruide docrs or to ueace
officers while usinq a�imals in the discharcxe of law
en�orcement act�.vi�ties.?� �'
Section 2. Any p�erson• who shall violate any provisions of
this Ordinance shall be deenied guilty of a misdemeanor and, upon
conviction, shall be fined ir� an amount not to exceed $2,000. Each
day of violation shall const;itute a separate offense.
Section 3 . In the e�✓ent any clause, phrase, provision,
sentence, or part of this Orc�inance or the app2ication of the same
to any person or circumstar�ce shall for an� reason be adjudged
invalid or held unconsti$utional by a 'court of competent
jurisdiction, it shall not: 3ffect, impair, or invalidate this
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Ordinance as a whole or any part or provision hereof other than the
part declared to be invalii� or unconstitutional; and the City
Council of the City of Frierjdswood, Texas, declares that it would
have passed each and every °part of the same notwithstanding the
omission of any such par� thus declared to be invalid or
unconstitutional, whether there be one or more parts.
PASSED AND APPROVED qn first reading this 17th day of
_ Au�ust , 1992 .
PASSED, APPROVED, AND A�OPTED on second and final reading this
14th day of September , 1992 .
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. � � f
Evelyn . Newman
Mayor
ATTEST:
. �
Deloris Arche� �
city 5ecretary
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Chapter 9
HEALTH AND SANITATION'
Art. I. In General, �§9-1-9-20
t\rt. II. Food and Food Service Estnblishments, §S 9-21-9-23
ARTICLE L IN GENERAL
Sec. 9-1. Nuisances—Gener<il definition.
�'Vhatever is dan�;erous to human life or health; whatever
renders the ground, the water, Lhe air <�r an_y food or drirak
unw}iolesoine and a ha-r.ard to human iife and l�ealth is
hereby declared to be a nuisance. (Urd. No. 38, § 1)
Sec. 9-2. Same—Specific conditions.
The following, in addition to any things or conditions
declared elsewhere in this Code to be nuisances, are declared
to be nuisances, and as such are liable to be abated, and the
person guilty of causin�, permiLting or suffering any of them
...�. upon his premises or in any building occupied or controlled
by him or in or upon any strect, alley, sidewalk or gutter
immediately adjacent to such premises shall, upon convic-
tion be fined as provided in section l�i:
(1) Any building, erection or cellar or any part of such
building or erection, or any building which is
overcrowded, or not provided with adequate means of
ingress or egress or is not sufficiently supported,
ventilated, sewered, drained, cleaned or lighted.
(2) All cellars, vaults, drains, pools, privies, sewers, ,
yards, grounds or premises which have for any cause �
become foul, nauseous or offensive or injurious to the
health, or unpleasant to adjacent residences or to
persons passin� such premises.
'State law references—Authurity t�� enact mure strin�ent hr:�lth
re�;ul:ilions th.�n thu� u(st:tte. �'.1�.('_ti. art. aa77—l. �?:i:city �rquir<Yi lu
h:�vc health officer,art. -11Y:i.
Supp.No.5
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§9•2 FRI�NOSWC)(ll� (,(?I)E
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(3) Al] carcasses, all decayin� tlesh, fish, fu�vl, f►-uit c�r
vegetables, all deposits �f manure, all f7e�h c�f an��
kind or descriptic�n whate�-er, all filth�� ��r offcnsive
water or slops in any� private yard or premises, and all
other unwholesome substances when thi-��+�n up��n c�r
conducted into or upon an�� street, alle�•, I�ut�lic• �,�re�und
or enclosure in such a mani�er .i� ti� rc�nde�r �uc�h
suhstat�ces un�vhc�lesome �ind cif�fcslsi��<� c��� li.ihl�� t�e
hec��me ut��vhc>lese�rnc: or offensi.�e�.
(41 All privies that are offensi��e frcim u�r: .�I! m:�rk��t�,
cellars, laundries, stores or ot}�er l�uildi���s <�r pl:+cc�s
which are not kept clean and free frnm 1'ilth�� .ind
unwholesome substances and odors; nll dc��u��its <�r
substances that are offensive or liable t.<� cn�;��ndcr
disease.
(�) Every trade, business or occup.itic>n injurious t�� t.he
health or comfort of persons whc� reside in the
vicinity, and any can or receptacle cc>nt�iinin�; water
or slops suffered to become stagnant or offensive or
unwholesome from any cause_
,.,... (6) The act of depositing ftlth or any fc�ul, off�ensive,
nauseous or injurious substance upon any sidewalk,
street, alley, public thoroughfare or other gublic place.
(7) The act of sweeging or depositing any trash, paper t>r
rubbish into any street, alley, public tlioroughfare or
other public place and allowing the same to remain in
such place longer than six (6) hours.
(8) The act of burning any hair, leather, ra�s or any
other substances of any kind whic.h may cause �rr
produce an offensive smell, smoke or udor capable c�f
annoying persons living in the vicinity or persons
passing along the streets, alleys �r public thorough-
fares_
(9) The act of defecating or urinating upon the streets,
alleys or public grounds, or in any place that may be
seen from a private residence or by persvns passing
along the streets, alleys or public th�roughfares.
Supp.No.5
566
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HEALTI-i AND SANIATION §9-2
t10) The act by an�� person of permitting or allvu-ing any
�veeds, filth or rubbish of any kind to remain on any
side.�•alk �n front of or at the side of any premises
o�vned by such pers�ns. or in t.he street, to the middle
' of�, in front or at the side ��f any premises owned or
cont.rulled hy such ��ers<>n, <n- upon an�= alley, that may
�ic at the rear ��r side ��f an� lots owned or controlled
h�- such pers<�n.
(I1) "1'he art ��f expect<>ratin�; ��r spittin�,= ��f mucous, vr
saliv.a, ��r s<iliva mix��ti ��•ith t��hacco, or secretions
i�u»> thc> nost� or air passages, or the remains of any
rh�������d ��+- partly che«�ed tobacco or snuff, or the
rrmr:,�,i u1� aii�� partially che�ved or smoked cigar or
c�,�:�n�it�� upo�� any side�valk, public building or public
��-hicl�•. pi.ace or building or public resort within the
� it�.
!!'?� "l�i,�� :�ct c>f haulin�,*, carrying or transporting any meat
��r �l;�t;�hte�red ��r dead animais or fish through the
��r��<•i� ��f tl�e city without having the same entirely
�������recl. �creened and protected from dust and
��u;,li�• .;��»•.
(l:ii �l�h�� :3ct �rf scatte.ring or distributing any advertise-
�n��nt�, c�irculars, handbills, printed or written an-
,,,�.. n�,�,a�cem<:nts, cir paper of the like character, or any
,i����jicines, u�on the streets, sidewalks,alleys or within
��iil�lic buildin�s or {,Trounds within the limits of the
c•it��.
(1 a) "1'he act of the owner or possessor of any animal
.+�h;ch may die within Lhe city failing to have the
carcass of the same removed within eighteen (18) j
h��ur� aftcr death of said animal. ;
(l;,) "1'hc act of throwing from any opening in, or ca.rrying
fr��rn, an�� dwellin� or place of abode, any night soil, �,�,
feces, urine or filthy or unclean water into or upon any
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alley, street or sidewalk or into or upon adjacent
prc�{x�rty not c�wncd by thc principal.
(I(;) "►'hc act c�f conducting or causing to be conducted into
any alley or gutter of waste water from any sink or
tank or any source of water supply which may
pr�>duce any pool of stagnant water in said alley or
�;U1L�1'.
(17) "I'hc act vf dumping upon and removing from the
sidewa3k, street or alley any coal or like material in a �
dry state, in such a manner that annoying or
offensive dust is generated from such material, or the
act of leaving any coal dust or like material upon any
siciewalk, street or alley at or near the place where '
such cc�al or material was deposited or frvm which it �
�+�as removed.
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§g-2 f�RIEN�SWOOI)CO[)E
(18) Any article or substance placed upon any street,
side�valk, alley, gutter, drain or public ground except
such articles as are permitted by ordinance of this
city, in such a manner as to obstruct such passageway
or dr�iina�;eevay. -
(19) '1'hc act of th+•o�vii�g an_y �;lass, tin, plastic ware,
crocker�� or rubbish int« ur upon the sidewalks,
streets, alleys, puhlic thorou�;hfares, commons, drains
cir �;ut.ters.
(20) Any unwhc�lesome food or liyuor, or adulterated
medicine, and all cattle, horse or hog pens, stables or
enclosed areas in �vhich any cattle, horses or hogs
may be kept or confined, which may from use have
become of'fensive.
(21) The act of allowing any privy tc� become dilapidated
or out of repair so that any person within or Lhe
contents thereof may be exposed to view; the act of
constructing or keeping on the premises any privy,the
contents czf which are exposed to view or can be seen
� from an_y street or public place; the act of discharging
or causing to be discharged into any street, alley,
public thorou�;hfare or other places or upon the
premises belonging to any other person the contents
of such privy.
(22) Any },rranaries, barns, elevators or other premises
where rats are bred or har�red.
(23) Any nauseous, foul or putrid ]iquids, or substances
likely to be nausec�us, foul, offensive or putrid,
c�ischar�;ed, piaced, thrown or conducted into or upon
�ny street, �YIley, public ground or common.
(2<l> "I'he act c,f wron�,rfully casting, throwing or depositing
any filth, sut�stance or thing into any private or publiC
well �r cistcrn.
(25) The act of erecting or maintaining buildings or
structures with roofs or eaves projecting beyond the
property line or shedding water upon any property
line or shedding water upon any property other than
that belonging tu the o�vner of such building or
structure.
('?(;) Any ot}�er act or thing done or suffered within the city
�vhich ma_v cause interference with the enjoyment by
any member of the community, or any person, who
may thereby be deprived of his right to be free from
� offensive or unpleasant odors or vapors, and to
breathe fresh air and to be free from the sounds or
noises which generally disturb members of the -
community. {Ord. No. 38, § III)
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Sec. 3-42. Public nuisance.
(a) Failure to exercise proper care_ Every owner shall exercise
proper care and control of his animal or animals and the premises
where said animals are kept to prevent them from becoming a
pubiic nuisance.
(b) Condition.constituting nuisance. All of the following condi-
tions,situations or occurrences are hereby declared to be a public
nuisance and constitute 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 been kept:
(1) A.ny animal which turns over garbage containers or scat-
ters garbage or which otherwise damages private or public
property;
(2) Any animal at large or free-roaming off of private property
owned or controlled by the owner thereof;
""'"" (3) Any animal which barks, whines, howls or makes other
sounds or noises in an excessive, continuous or untimely
fashion; or
(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 oondition so as to
prevent obnoxious odors;the attraction,breeding or poten-
tial breeding of Ilies;the attraction,harboring or breeding
of rodents or potential breeding of rodents;or the creation
of any other public health nuisances.
• (Ord. No. 88-21, § 1)
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ANIMAL WASTE ORDINANCE
Councilmember Measeles asked to discuss this item. He has
conducted some research to determine how other cities regulate
these matters.
We have enclosed examples from other cities for your review. I
believe Mel's pressing concern is animal waste from horses, but
it may include all pets.
I have discussed this generally with Russell Williams and Marty
McWilliams, our Animal Control Officer. We are enclosing the
relevant portions of our existing code for your review.
We have enforced excess animal waste in yards and pen areas
through the County Health District's Health Ordinance. However,
,,,,�,,, we do not have specific language requiring owners of dogs and
cats to pick up after their animals. Some of the ordinances in
the examples do provide for that. Others have language similar
to ours.
REC
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CMR9207.2B/KSN02 July 13, 1992
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MEMORANDUM � `��3- '�'�'� ;-, `--
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Tu: Ronald Cox, City Manager � '�GJ��y, ��
�.r-�, c-' F9 `27 ;��
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FROM: Marty McWilliams, Animal Control Officer �%�� ��'�z�t�c��F��
Russell Williams, Support Services Commande�
DATE: July 9, 1992
SUBJECT: Ammendment to City Animal Control Ordinance
After review of the existing Ordinance of the City of
Friendswood and several sections of Ordinances throughout the State,
we recommend the following be considered, should the decision be
made to adopt an Ordinance amendment to the existing Animal Control
ordinance:
I . It shall be unlawful for any person to fail to promptly ��(N` .
remove and dispose of, in a sanitary manner, feces left by a dog or
cat being handled by that person on property, public or private,
other than the premises of the owner or handler nf such dog or cat.
Handicapped persons using " Guide Dogs " are exempt from this
provision. This section dose not apply to any Peace Officer while
using an animal in the discharge of law enforcement activities.
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II. It shall be unlawful for any person owning or having
control or custody af a canine or feline to permit the animal to
defecate upon the city' s public property or upon the private
property of another unless the person immediately removes the feces
and properly disposes af it; p�ovided, however, that nvthing
contained in this chapter authorized such person to enter upon the
private property of another without permission. in addition, it
shall be unlawful for any person to walk an animal on the city' s
public property or upon the private property of another without
carrying at all times a suitable container or other suitable
instruinent for the removal and disposal of animal feces.
Handicapped persons using " Guide Dogs " are exempt from this
provision. This section dose not apply to any Peace Offic�r while
using an animal in the discharge of law enforcement activities.
This section could be added to the existing Animal Control
Ordinance, Sec. 3-42(b) ( 5) .
While it may be desirea.ble to include all animals in this
ordinance ammendntent, it would be very difficult to enforce and/or
identify a large ani.mal such as a horse or cow and its` owner. It
is also rare in most areas for large animals to be unconfined within
�.ub-divisions or on public property.
�t may become necessary should this Ordinance Ammendment be
a�,ppte�, to require the posting of signs in given locations allowing
� �g-. notifica��ion to the general public and to provide the legal
basis fc�� effec:Live enforcement.
We wili �t prFSent Monday evening, July 13, 1992, if you so
desire. If add�tional information is needed, please advise.
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