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HomeMy WebLinkAboutOrdinance No. 558 CITY OF THE COLONY, TEXAS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY ADDING AN ARTICLE VII TO CHAPTER 5 REGULATING THE KEEPING OF PIT BULL DOGS WITHIN THE CITY; REQUIRING REGISTRATION OF PIT BULL DOGS; PROVIDING FOR REGISTRATION AND PAYMENT OF FEE; DEFINING PIT BULL DOG; PROVIDING STANDARDS AND CONDITIONS FOR KEEPING PIT BULL DOGS WITHIN THE CITY; REQUIRING INSURANCE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND ($1000.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the present Code of the City of The Colony does not adequately protect the public health, safety and we]fare against vicious and dangerous animals, and requires that amendments be made to the Code in order to provide adequate protection to the public health, safety and welfare of the residents of the City of The Colony; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That Chapter 5 of the Code of ORdinances of the City of The Colony, Texas, be, and the same is hereby amended by adding Article VII, which will hereafter provide as follows: "ARTICLE VII. RESTRICTIONS ON PIT BULL DOGS WITHIN THE CITY Sec. 5-27 General. It shall be unlawful for any person to own, keep, harbor or in any way possess a pit bull dog within the City, unless such pit bull dog is properly registered with the City, the registration fees paid, and said pit bull dog maintained wit~athe City in accordance with the requirements of this Section. Sec. 5-28 Definition of "Pit Bull "Pit Bull Dog" shall mean: (a) The Bull Terrier breed of dogs; (b) The Staffordshire Bull Terrier breed of dogs; (c) The American Pit Bull Terrier breed of dogs; (d) The American Staff~rdshire Terrier breed of dogs; (e) Any dog which has the appearance and characteristics of being predominantly of the breeds of Bull Terrier; Staffordshire Bull Terrier; American Pit Bull Terrier; American Staffordshire Terrier; or a combination of any of those breeds. Sec. 5-29 Standards and Requirements. It shall be unlawful for any person to own, keep, harbor, or in any way possess a pit bull dog within the City without complying with the following standards and requirements. (a) Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six (6) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dog shall not be leashed to inanimate objects such as trees, posts, buildings, etc. All pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. (b) Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or a combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded int the ground no less than two (2) feet. All structures that are erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (c) Confinement indoors. No pit bull dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such a building of its own volition. In addition, no animal may be kept in a house or structure when the window are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. (d) Signs. All owners of registered pit bull dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog - Pit Bull". In addition, a similar sign shall be posted on the kennel o~ pen of such animal. (e) Insurance. All owners of registered pit bull dogs shall provide proof to the City of liability insurance in a single- incident amount of Fifty Thousand ($50,000.00) Dollars for bodily injury or death of any person, persons, or for damage to property owned by any person which may result from the ownership of such animal. (f) Identification Photograph. All owners of registered pit bull dogs shall provide to the City two (2) color photographs of the registered animal in two (2) different poses showing the color and approximate size of the animal. (g) Reporting Requirements. All owners of registered pit bull dogs shall, within ten (10) days of an incident, report the following information in writing to the City: (1) Removal from the City or death of said dog; (2) Birth of offspring: (3) New address if owner moves within the City. SECTION 2. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of all other ordinances of the City affecting Animal Control and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. Any person violating any of the provisions of this ordinance shall, upon conviction thereof be subject to a fine in a sum not to exceed One Thousand ($1000.00) Dollars for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. · SECTION 5. The fact that the present ordinances and regulations of the City of the Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained· PASSED this ~.7 day of ~~j~_, 1.988. APPROVED: Don Amick, May~r ATTEST:  icks, City Secretary ~TO FORM: · .. ty