Ord. 0685 02-13-95ORDINANCE NO. 685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS DECLARING ANIMALS AT LARGE IN PUBLIC PARKS TO BE
UNLAWFUL; PROVIDING EXCEPTIONS; PROVIDING RULES AND
REGULATIONS FOR THE CONTROL OF ANIMALS IN PUBLIC PARKS;
ESTABLISHING SPECIAL EVENT PERMITS, REQUIRING FEE AND
INSURANCE CERTIFICATE; PROVIDING FOR IMPOUNDMENT AND
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland, Texas,
hereby finds and determines that the unregulated possession of
animals in public parks within the limits of the City of Pearland,
Texas, can represent a real and significant danger to the health,
safety and welfare of the citizens of the City of Pearland, Texas;
and,
WHEREAS, the City Council of the City of Pearland, Texas,
hereby finds and determines that the regulation of animals in
public parks within the City is consistent with the duties and
responsibilities of the City of Pearland, Texas, to its citizens,
and is necessary for the protection of the health, safety and
welfare of those citizens; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. Animal At Large Prohibited. It shall be unlawful
for any owner, keeper, or other person having care, custody, or
control of an animal to allow, cause, or permit such animal to
enter, run at large or remain upon the grounds of any public park,
public recreational area or public facility, unless;
(a) Said animal is crated, caged, upon a leash not longer
than six feet, sufficiently confined within the interior
of a vehicle, or otherwise under physical restraint at
all times;
Said animal has been specifically trained and is being
used to assist disabled persons or peace officers in the
line of duty;
Said animal is located within an area specifically
designated by the Director of the Parks and Recreation
Department to accommodate such use, for a limited time.
Section 2. Definitions. The term "animal" shall include but
is not limited to any dog, cat, or other domestic animal, or any
livestock including but not limited to horses, cattle, pigs, goats,
poultry, mules and the like normally kept for farming, ranching,
breeding or similar purposes.
The term "at large" shall mean the going upon the property of
public parks by an animal without the owner or person in charge
thereof having direct physical control over such animal. Further,
any animal left unattended in any vehicle in such manner that such
animal is capable of extending its head beyond the physical bounds
of such vehicle, or outside such vehicle, shall be considered to be
"at large."
Section 3. Removal of Fecal Matter Left by Animal. It shall
be mandatory duty of all persons, owning, possessing, and in
control of, or otherwise responsible for an animal in a public
park, public recreational area, or public facility to promptly
collect, pickup, and remove all fecal matter left by such animal in
or upon any said park, unless said animal is assisting disabled
persons.
Section 4. Impoundment. An official of the Health
Department, or his/her assistant, is hereby authorized and directed
to impound any animal found to be in violation of this ordinance
and to dispose of the same in accordance with the rules and
regulations of the Health Department and the provisions of this
Code.
Section 5. Penalty for Violation. Any person who violates or
fails to comply with the requirements and/or provisions of this
ordinance shall be deemed guilty of a misdemeanor and shall, upon
conviction by a court of competent jurisdiction, be punished by a
fine for not less than One Dollar ($1.00) nor more than Two
Thousand Dollars ($2,000.00), and each day such violation or
failure to be in compliance shall exist will be deemed to
constitute a separate offense.
Section 6. Special Event Permit as Defense. It shall be a
defense to prosecution under this section that the person was
acting pursuant to a written special event permit issued by the
Director of the Parks and Recreation Department upon a proper
showing that such animals will be restrained and that proper
precautions will be taken to prevent injury to the public.
Section 7. Special Event Permit Exception.
(a) It shall be unlawful to conduct a special event in a
public park or recreation area without first having secured a
special event permit in accordance with the rules and regulations
of the Parks and Recreation Department and the Health Department.
(b) The preceding subsection shall not apply to a special
event sponsored by the City of Pearland.
(c) A special event permit application form must be obtained
from the Parks and Recreation Department and returned with a permit
fee in the amount of $25.00. The application shall contain such
information necessary for the Director of Parks and Recreation to
determine whether, in the best interest of the public health,
safety, welfare, or morals, a permit should be issued and under
what conditions; the applicant for a special event permit must
provide a certificate of insurance from an insurance carrier
licensed to conduct business in the State of Texas. Said
certificate of insurance must state General Liability Coverage in
a minimum amount of $500,000.00 and name the City of Pearland as an
additional insured. The Director shall approve or disapprove such
application.
Section 8. Denial, Suspension or Revocation of Special Event
Permit. The Director of Parks and Recreation may deny, suspend, or
revoke a special event permit issued hereunder at any time prior to
or during the course of a special event, if it is or becomes
apparent to said Director, or the City Health Officer, that to
proceed with the event would create, maintain, or cause any
nuisance or other condition injurious to the public health, safety,
welfare, or morals.
Section 9. Savings Clause. All rights and remedies which
have accrued in the favor of the City under this ordinance and its
amendments thereto shall be and are preserved for the benefit of
the City.
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Section 10. Severability Clause. If any section, subsection,
sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed as a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 11. Repealer Clause. All ordinances and parts of
ordinances in conflict herewith are hereby repealed but only to the
extent of such conflict.
Section 12. Codification. It is the intent of the City
Council of the City of Pearland, Texas, that this ordinance shall
be codified in the City's official Code
hereinabove.
Section 13.
Secretary shall
to be published
upon passage of
of Ordinances as provided
Publication and Effective Date. The City
cause this ordinance, or its caption and penalty,
in the official newspaper of the City of Pearland,
such ordinance. The ordinance shall then become
effective ten (10) days from and after its publication, or the
publication of its caption and penalty, in the City's official
newspaper.
PASSED and APPROVED on First Reading this the Q- 3 day of
, A.D., 1995.
ATTEST:
PAT JONES TRMC
CITY SEC TARY
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MAYOR
PASSED and APPROVED on Second and Final Reading this the /3
day of ? , A.D., 1995.
C. V. COPP
MAYOR
ATTEST:
&ie4i"CITY SECRETARY
TOMMIE JEAN VIAL
APPROVED AS TO FORM:
Ole
OTE• MCCU OUGH
CIT ATT+RNEY
VOTING RECORD (FIRST READING) JANUARY 23, 1995
Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson
Voting "No" - None
Motion Passed 5 to 0.
VOTING RECORD (SECOND READING) FEBRUARY 13, 1995
Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson
Voting "No" - None
Motion Passed 5 to 0.
PUBLICATION DATE: FEBRUARY 15, 1995
EFFECTIVE DATE: FEBRUARY 25, 1995
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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