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HomeMy WebLinkAboutOrdinance No. 10ORDINANCE AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGARDING THE KEEPING OF ANY ANIMAL, LIVESTOCK, FOWL, OR REPTILE WITHIN THE CORPORATE LIMITS OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR A LICENSE FEE, A SAVING CLAUSE, PROVIDING A PENALTY, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Sec. 1.01 Running at large prohibited It shall be unlawful for any person raising, owning, or harboring any animal, livestock, fowl or reptile to willfully suffer or permit any such creature to run at large upon the public streets, avenues, alleys, parks or other public property of the City of The Colony or to willfully suffer or permit any such animal, livestock, fowl or reptile to run at large or to go upon any premises owned or in possession of or under the control of any other person in the City of the Colony. Animals on a leash shall not be construed as running at large provided such leash is either attached to an immovable object or firmly grasped at all times within the control of a person physically capable of maintaining the control of such animal. Sec. 1.02 Definition The term "livestock" as used in this chapter shall mean horses, mules, cows, hogs, goats and sheep and all four - footed animals with the exception of domestic dogs and cats, of any and all kinds, and shall include both the male and female species of the aforesaid animals. Sec. 1.03 Sanitation All persons keeping animals, livestock, fowl or reptiles within the City of The Colony shall keep the premises upon which such animal, livestock, fowl or reptile is kept clean and free from noxious and unpleasant odors and shall use some standard spray at reasonable intervals so as to keep such premises free from flies, mosquitoes, and other insects. Sec. 1.04 Proximity to residence: minimum area It shall be unlawful for any person to keep on premises under his control within the City of The Colony, Texas any livestock in such a manner that such livestock will be located closer than two hundred (200) feet from any person's living quarters; it shall further be unlawful to keep any such livestock in an area wherein there is less than one acre per head of livestock so kept. Sec. 1.05 Number of cats and dogs It shall be unlawful to keep or harbor more than a total of four (4) dogs and or cats three (3) months of age or older on any premises used or zoned for residential purposes. Sec. 1.06 Noise prohibited No person shall willfully or knowlingly keep or harbor on his premises any animal, reptile, livestock or fowl that makes or creates loud and obnoxious noises by whatever method created, thereby disturbing the occupant of adjacent premises or people living in the vicinity of such loud and obnoxious noises. Sec. 1.07 Vaccination It shall be the duty of the owner or keeper of each and every dog and cat, owned, kept possessed, harbored or allowed upon the premises of any such person and under his control in the City of The Colony, to have such doi or cat vaccinated against rabies by a legally licensed veterinarian at least once each year. Vaccination is defined as a protective inoculation with antirabic vaccine recognized and approved by the U. S. Department of Agriculture given in an amount sufficient to provide an inmunity. Sec 1.08 License Tax It shall be unlawful for the owner or harborer of any dof or cat to harbor or permit such dog or cat within the city limits without having paid the City of The Colony, Texas ANIMAL CONTROL ORDINANCE _ Page 2 an animal license tax of three dollars ($3.00) upon each male and female dog or cat six (6) months of age and over. The license tax required by this section shall be due and payable as of July ist of each calendar year and, when paid, shall be good for the year ending June thirtieth following. Provided, however, be it specially provided, that persons acquiring a dog or cat, subject to the tax, after January 1st, of any year, shall be reuqired to pay only one-half of the above license fee for the remainder of such year (per animal). Upon payment of the license tax provided for in this section and upon the presentation of a Certificate, signed by a duly Registered Veterinarian, to the effect that the dog or cat for which such license is sought,'aLe4s been vaccinated within the past twenve months (12) in accordance with section 1.07 above. It shall be the duty of the City of The Colony, Texas to furnish the owner of such dog or cat a metal tag of a distinctive design on one side of which is stamped the year for which same is paid and the serial number of the tag, which tag at all times shall be securely attached to a collar around the neck of the dog or cat, or harness around the neck and body of the dog or cat, upon which such tax has been paid. A. The license issued under the provision of this Ordinance shall apply only to the animal for which such license is issued, and shall not be transferrable. B. It shall be unlawful for the owner or keeper of any animal or dog or cat kind to allow said animal to have attached to it in any manner the metal tag issued for another such animal. C. Any violation of this Ordinance shall automatically revoke, void, and terminate any license issued to the person or firm for violating same. ANIMAL CONTROL ORDINANCE - Page 3 Sec. 1.09 Impoundment -Generally Any animal, livestock, reptile or fowl running at large or violating any provision of this ordinance, shall be impounded in the City Pound or such area as may be desig- nated as the Official Pound for the City of The Colony by an animal control officer. If any of the animals named in this chapter are found upon the premises of any person, the owner or occupant of such premises shall have the right to confine such animal until he can notify the animal control officer to impound such animal; provided, that the same is done within twenty four (24) hours. When so notified, it shall be the duty of such officer to at once cause such animal to be impounded as herein provided. The City Council shall select and establish a place for impounding all animals impounded under any provision of this chapter. Sec. 1.10 Same - Poundage Fees The following shall be the fees charged as poundage for the impoundment of animals, livestock, fowls, and reptiles under this chapter: (1) For taking up and impounding, per head . . . . . . (a) First offense . . . . . . . . . . . .. .$ 15.00 (b) Second offense . . . . . . . . . 30.00 (c) Third offense . . . . . . . . . . . 60.00 (d) Fourth offense . . . . . . . . . . . . 120.00 (e) Fifth offense . . . . . . . . . . . . . . . 200.00 (2) For taking care of animals, per head, per day . . 3.00 (3) For newspaper advertisement, the actual cost as determined from time to time. Sec. 1.11 Same -redemption The owner of any animal impounded under this chapter may redeem the same as follows: ANIMAL CONTROL ORDINANCE - Page 4 (a) Before Sale: By paying the poundage fees, to- gether with the cost of advertising, if any. (b) After Sale: By paying to the purchaser double the amount bid by him for such animal and his reasonable expenses for keeping the same, pro- vided the owner so redeems the animal within thirty (30) days after the date of sale= other- wise, such animal shall become the absolute property of the purchaser. All impounded dogs or cats shall be redeemed within seventy-two (72) hours after their capture and impoundment, or they shall become subject to sale or destruction under the terms of this chapter. Sec. 1.12 Same -sale The animal control officer may se 11 impounded animals at public auction for cash, after giving three (3) drys public notice of the time, terms and place of sale, describing the animal impounded and stating that the same will be sold to defray costs if not reclaimed and cost paid before the date of sale. Public notice, for the purpose of this section, shall mean posting the notice at the city hall or place designated for posting such notices, and giving a copy of the notice to the newspaper designated the official City Newspaper. If not reclaimed by the sale day, the animal control officer shall, between the hours of 10:00 a.m. and 4:00 p.m. on such day, sell the animal at public auction to the highest bidder, and after deducting all the expenses of sale and taking up and keeping such animal, shall return the balance of the proceeds, if any, to the owner of the animal. If no owner shall call for the animal within the thirty (30) days from the day of sale, the balance shall be paid into the city treasury on account of such sale. All monies not so claimed shall escheat to the city. ANIMAL CONTROL ORDINANCE - Page 5 Sec. 1.13 Same -Destruction Any animal, livestock, reptile or fowl impounded after this chapter may be disposed of by the animal control officer after it has been impounded for a period of three (3) days. Sec. 1.14 Cruelty to Animals It shall be unlawful for anyone to cruelly maltreat any animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure any livestock, dog, cat or other domesticated animal, fowl orzeptile; or to mutilate, cruelly kill, overdrive, over -ride or overload, or unnecessarily confine, or in any manner oppress the same; or to unnecessarily fail to provide the same with proper food, drink or shelter, or to drive, work or use the same when such animal is amimed, wounded, sick, lame or otherwise unfit for labor or to willfully abandon the same to die; or to carry or to cause the same to be carried, hauled or forced along in a cruel or inhuman manner; or to leave any animal tied up or confined anywhere, day or night, for more than six (6) hours at a time without properly feeding, watering, and caring for the same. This section is not to be construed to prevent policemen or other public officials from disposing of dogs or cats or other animals when lawfully entitled to do so. Sec. 1.15 Vicious Animals A. It shall be unlawful for the owner or keeper of any vicious animal of the dog or cat kind to allow such animal to be on any public street, avenue, or highway, or in any other public place within the City of The Colony, Texas, unless the mouth of such animal is muzzled in such a manner as to protect persons from being bitten. B. No muzzle shall be used on any dog which is made from any material, or maintained on any such animanl in such a manner, as to have the effect of cutting the skin of, or injuring such animal. ANIMAL CONTROL ORDINANCE - Page 6 C. Proof of any persons having been bitten or attacked by any animal of the dog or cat kind shall be prima facie evidence that such animal is vicious. Sec. 1.16 Procedure when animal bites or scratches person It shall be the duty of any person owning or having charge of any warm blooded pet which has bitten, clawed or scratched any person to have such pet confined by a licensed veterinarian for a period of ten (10) days, and, if for any reason, the warm blooded pet is not so confined by the owner or other person keeping such pet, the animal control officer shall impound the same for observation. If, at the expiration of the ten ( 10) days, the health of the creature is satisfactory, the creature may be released upon the payment of all expenses in- curred by such confinement and compliance with all provisions of this chapter. In the alternative, at the discretion of the animal control officer, any creature subject to the provisions of this section may be confined for the required period of time by the owner or keeper of the creature under the super- vision and direction of the animal control officer or a li- censed veterinarian, provided that the permission hereby granted to keep a creature may be revoked at the discretidn:of the animal control officer. If permitted to be confined by the owner, then a licensed veterinarian or animal control officer shall be required to inspect the animal a minimum of four (4) times during the ten (10) day period, at the expense of the owner or keeper of the animal. Sec. 1.17 Exceptions The provisions of this Ordinance shall not apply to dogs or cats or animals of the dog or cat kind under the age of three (3) months; nor, shall same apply to dogs or cats of non-residents of the City of The Colony, Texas (temporarily ANIMAL CONTROL ORDINANCE - Page 7 visiting in the City of The Colony, Texas) which are kept secure- ly under control by a leash, rope or strap, or, are muzzled. Sec. 1.18 Severability and Savings Clause A. If any Article, Section, paragraph, sentence, clause, phrase or word in this Ordinance, or application hereof to any person or circumstance, is held invalid by any Court of Competent Jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordi- nance; and, the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining Articles and parts shall remain in full force and effect. Sec. 1.19 Penalty Any person, persons, firm, or corporation violating any provision or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined in any sum not less that $1.00, nor more than $200.00; and, each day that violation continues shall be and consti- tute a separate offense. Sec. 1.20 Emergency and Public Necessity It being for the Public Benefit and Public Welfare, that this Ordinance be now Passed; and there being present- ly no adequate Ordinance of the City of The Colony, Texas, regulating the keeping of animals, livestock, fowl or reptiles within the Corporate Limits, as above provided, creates an Emergency and Public Necessity, requiring the immediate passage hereof; and, requiring the suspension of any and all rules providing for the reading of this Ordinance on more than oW-occasion; and, such rules as accordingly now sus- pended, and this Ordinance is now placed on its final read - ANIMAL CONTROL ORDINAANCE - Page 8 ing to its passage, and same shall be in full force and effect from and after its Passage, Approval, and Publication. Sec. 1.20 This Ordinance is Declared to be for the General Welfare PASSED AND APPROVED at the City of The Colony, at a R gular Meeting of the City Council, on this ----� day of -� A.D. 1977• ATTEST: JEW - City Secretary Cit of The Colony, Texas ( S E A L ) ity of The Colony, ANIMAL CONTROL ORDINANCE - PAGE 9