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HomeMy WebLinkAboutOrdinance No. 97-995 ORIGINAL CITY OF THE COLONY, TEXAS OROINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER $ OF THE CODE OF ORDINANCES IN PERTINENT SECTIONS AS SET FORTH BELOW; PROVIDING FOR A PENALTY OF A SUM NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000); PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, Section 1. That Chapter 5 ANIMAL CONTROL DIVISION of the Code of Ordinances shall be amended in pertinent Articles and Sections as hereinafter set forth, provided that the remaining Articles and Sections are unchanged: "ARTICLE II. IMPOUNDMENT, REDEMPTION, DESTRUCTION, EUTHANASIA, ADOPTION AND SALE OF ANIMALS Sec. 5-5. Authority to euthanize, impound or destroy animals. In addition to other authority granted to the animal control officer, the animal control officer or any peace officer, shall have authority to do the following: (1) Euthanizc and/or destroy an animal which poses an imminent danger to a person, property or other animal and a real or apparent necessity exists for the destruction of the animal; (2) Euthanize an impounded animal if it is certain the animal will not recover; (3) Euthanize after seventy-two (72) hours of impoundment or on the opinion of a licensed veterinarian; (4) Euthanize an animal upon the request of the owner and assess a minimum fee as set forth in the Fee Schedule attached as Schedule A. (5) Impound an animal which endangers the health and welfare of another animal or person. (Ord. No. 517, § 1, 1-4-88; Ord. No. 869, § 3, 12-5-94) Editor's note Ord. No. 869, § 2, adopted Dec. 5, 1994, deleted former 8 5-5 and renumbered 88 5-6 - 5-11 as 88 5-5 - 5-10. Former 88 5-5 pertained to special provision concerning fowl, rabbits, guinea pigs and bees; and derived from Ord. No. 517, § 1, 1-4-88. ORDINANCE - P~le 1 DOC ~: 510380 Sec. 5-6. Redemption procedure and impoundment fees. (a) Notification of owner. The animal control officer shall make a reasonable effort to notify the owner of an animal that has been impounded. (b) Right to redeem impounded animal. The owner shall have the right to redeem an impounded animal upon payment of the required fees, provided that the animal is not suspected of being infected with rabies or other contagious disease, as determined by a licensed veterinarian. Fees may be waived by the animal and wildlife protection division in cases involving financial hardship for the owner. In addition, the owner must show proof of current rabies vaccination or obtain a prepaid rabies injection certificate to be administered by a licensed veterinarian. (c) Impoundment fees. See Schedule A. (d) Unclaimed animals. Any impounded animal not claimed within seventy-two (72) hours shall become the property of the city, and the city shall dispose of such animal by adoption/rescue or humane euthanization. Such disposal does not relieve the owner of the animal of liability for violations and accrued charges. (Ord. No. 517, § 1, 1-4-88; Ord. No. 869, § 3, 12-5-94) Sec. 5-7. Euthanasia requirements and fees. If the lawful owner of an animal requests euthanasia, the owner must first sign the required forms. See Schedule A for fee. (Ord. No. 517, § 1, 1-4-88) Sec. 5-8. Requirements for adoption of animals from city shelter and fees. (a) Requirements for adoption and fees. A person who desires to adopt an animal from the animal shelter shall: (1) Pay an adoption fee (See Schedule A); and (2) All adopted animals shall be altered and vaccinated for rabies by four (4) months of age. Owner must present proof of these procedures at the animal shelter, per adoption agreement. (b) Determination of health of animals for adoption~ The animal control officer on duty shall make the final determination whether an animal is healthy enough for adoption. However, such a decision by the animal control officer to permit adoption of a particular animal, shall not constitute a warranty, expressed or implied, of the health or age of the animal. (Ord. No. 517, § 1, 14 88; 869, § 3, 12-5-94) ORDINANCE - Pe, ge 2 DOC ~: 510380 ARTICLE III. RABIES CONTROL Sec. $-13. Procedure when animal has bitten person; quarantine fees. (a) Procedure. When any animal has bitten, scratched, mauled or otherwise attacked a person to the extent the wound bleeds, that person or anyone having knowledge of such incident shall immediately notify the city of the incident. It shall be the responsibility of the owner of the animal to have the animal confined in the animal division or at a veterinary hospital for a period of ten (10) days at the expense of the owner, and such animal shall during such period of confinement be subject to inspection by an animal control officer, or by a licensed veterinarian. If after the ten-day period the animal is found to be in satisfactory health, the animal shall be released to its owner or keeper upon payment of all quarantine fees. If the animal is not claimed within fifteen (15) days, the animal control officer may provide for the adoption or disposal of the animal. (b) Exception to procedure. If the animal in question has a valid and current rabies vaccination, the owner may be given authority to quarantine the animal on his own property subject to inspection by an animal control officer anytime during the quarantine period. If an animal control officer determines noncompliance has occurred, approval for in-home quarantine shall be revoked. (c) Quarantine fee. The owner of any animal held in quarantine at the animal and wildlife protection division for observation purposes shall be charged current impoundment fee. Any owner not wishing to claim a quarantined animal shall pay all such costs plus the current release of ownership fee. The city shall not be responsible for any incurred costs for in-home quarantine. (Ord. No. 517, § 1, 1-4-88; Ord. No. 869, § 4, 12-5-94) ARTICLE V. LIVESTOCK Sec. 5-22. Permit for keeping of livestock. It shall be unlawful for any person to keep livestock in the city without first obtaining a permit from the animal control officer. Such permit shall be valid only for the location which it was issued. Only a person who complies with the requirements of this article shall be entitled to receive and retain a permit. Every person who is keeper of any livestock shall make application in writing upon forms prescribed and furnished to said person for a permit to keep livestock by the animal control officer. See Schedule A for fee. (Ord. No. 517. § 1. 1-4-88: Ord. No. 869, § 6, 12-5-95) ORDINANCE - P~ge DOC ~: 510380 ARTICLE VI. PROHIBITED ANIMALS* Sec. 5-26. Prohibited animal permit, permit fees. (a) A person commits an offense if he owns, possesses, exhibits, sells or harbors a prohibited animal within the city. (b) It is a defense to prosecution under subsection (a) above that the owner or possessor: (1) Holds a valid prohibited animal permit issued under this section, or (2) Is a governmental entity. (c) A permit for the possession of one (1) or more prohibited animal at a single location, may be issued only to: (1) A zoo open to the public; (2) A research institution; (3) An individual researcher; (4) A member of a nonprofit wildlife society involved in education or research; (5) An individual currently in accordance with state and/or federal guidelines; (6) A public or private primary or secondary school; (7) An animal exhibition, rodeo or circus, of which the animal is an integral part; (8) A nonprofit animal rehabilitation organization currently in accordance with state and/or federal guidelines. Animals and conditions shall be approved by the animal division. The animal shall be restrained from inflicting injury upon persons, property, or other animals. Adequate provision shall be made for the care and protection of the animal. (d) Prohibited animal permits--Classification. (1) A commercial prohibited animal permit may be issued to a person providing prohibited animals for animal exhibitions on two (2) or more occasions during a twelve month period. The permit is valid for one (1) year from the date of issuance. ORDINANCE - Pege 4 (2) A temporary prohibited animal permit may be issued to a person providing prohibited animals for animal exhibitions on a one-time basis. The permit is valid for a designated period not to exceed thirty-one (31) days. (3) A noncommercial prohibited animal permit may be issued to a research institution, an individual researcher, or a member of a nonprofit wildlife society involved in education or research. The permit is valid for one (1) year from the date of issuance. (4) As deemed necessary by the animal division, the permit is valid for one (1) year from the date of issuance. (e) A person holding a prohibited animal permit shall notify the animal division in writing of any change in the permitted location for the animal. This requirement does not apply to the transporting of the animals: (1) In or out of the city, or (2) To or from a veterinary clinic. (f) The fees for a prohibited animal permit are set forth in Schedule A. (g) A prohibited animal permit is nontransferable and the permit fee is nonrefundable. (Ord. No. 869, § 8, 12-5-94)" ORDINANCE - Pege 5 DOC #: $10~80 SCHEDULE A FEE SCHEDULE Euthanization Fee $20.00 Impound Fees -- Vaccinated ALTERED UNALTERED First Impound 10.00 20.00 Second Impound 25.00 50.00 Third and Subsequent Impounds 75.00 75.00 Impound Fees -- Nonvaccinated ALTERED UNALTERED First Impound 10.00 20.00 Second and Subsequent Impounds 100.00 100.00 Care and Handling Charge per Day 8.00 Adoption Fee 20.00 Release of Ownership 20.00 Prohibited Animal Permit Commercial 200.00 Temporary 50.00 Noncommercial 50.00 Special Use 0.00 Livestock Permit Fee 50.00 Per year, per location ORDINANCE - Page DOC ~: $10080 Section 2. Any person violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in accordance with the general provisions of the Code of Ordinances. Section 3. If any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect. Section 4. That this ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this 15th day of Seotember, 199~ Mary Blai~ Watts,~ Mayor ~~' ~' ~ ~~Z) City ofThe Colony Patti A. Hicks, TRMC, City Secretary City of The Colony FORM: City"Alltorney City of The Colony ORDINANCE - P~ge 7 DOC ~: 510'360