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Ord. 0528-03 04-23-90ORDINANCE NO. 528- 3 AN ORDINANCE AMENDING CHAPTER SIX (6), ANIMALS AND FOWLS, BY AMENDING SECTION 6-2, DEFINITIONS; SECTION 6-6, TATTOOS; SECTION 6-33 RABIES CONTROL; SECTION 6-44 SAME - DUTIES, POWERS; SECTION 6-46, DECISION TO DESTROY; SECTION 6-47 VICIOUS ANIMAL AT LARGE - PENALTY; AND SECTION 6-76, MINIMUM DISTANCE REQUIREMENTS FROM HUMAN HABITATION; CREATING SECTION 6-77, FENCING; PROVIDING A PENALTY FOR VIOLATIONS; A SAVINGS CLAUSE; A REPEALER CLAUSE; AND PROVIDING FOR CODI- FICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. Section 6-2 of the Code of Ordinances of the City of Pearland, Texas, is hereby and the same is amended to read as follows: "Sec. 6-2. Definitions. When used in this chapter, the following words and/or phrases shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning: ANIMAL CONTROL OFFICER: The person appointed to serve in the capacity of animal control officer of the city or any deputy or assistant of the animal control officer of the city. AT LARGE: The going upon public or private property by an animal without the owner or person in charge thereof having direct physical control over such animal. In addition, any animal which is staked or tied down shall be considered to be at large, unless such animal is confined in a fenced yard or other fenced enclosure. Further, any animal left unattended in any vehicle in such manner that such animal is capable of extending his head beyond the physical bounds of such vehicle or outside such vehicle shall be considered to be at large. CAT: All domestic species or varieties of the genus felis cLtus, male or female, four (4) months of age or older. ui rtynia'1Llvi . of Pearland. DOG: All domestic species or varieties of the genus canis familaris, male or female, four (4) months of age or older. HUMANE ORGANIZATION: A nonprofit organization or corpo- ration which maintains a permanent shelter facility within the city for the care and custody of sick, injured, lost, abandoned or strayed animals and which provides veterinary services for the case of the animals kept there, which services are provided by a licensed veterinarian. KENNEL: Any lot, premises, building, structure or enclosure whereon or wherein four (4) or more dogs, cats or any combination thereof, over the age of six (6) months, are kept or maintained, regardless of purpose. This definition shall include shelter facilities operated by humane organizations, but shall exclude veterinary hospitals. OWNER: Shall mean any person or persons, owning, possess- ing, harboring, keeping or sheltering any animal. VETERINARIAN: Any person duly licensed to practice as a doctor of veterinary medicine by the licensing authority of the State of Texas or other jurisdiction whose licensing is recipro- cal with the State of Texas. UNPROVOKED ATTACK: "Unprovoked" with respect to an attack by an animal shall mean that the animal was not hit, kicked or struck by a person with an object or part of a person's body, nor was any part of the animal's body pulled, punched or squeezed by a person. WILD ANIMAL: Any mammal, amphibian, reptile or fowl which is of a species that is wild by nature, and of a species which, due to size, vicious nature or other characteristics is dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, raccoons, skunks (whether deodorized or not), apes, gorillas, monkeys, foxes, elephants, rhinoceroses, crocodiles, alligators and all forms of poisonous reptiles, but such term shall not include animals expressly allowed in this chapter." SECTION 2. Section 6-6 of the Code of Ordinances is hereby and the same is amended to read as follows: "Sec. 6-6. Tattoos. Any animal that bites, scratches or otherwise attacks any person or other animal while off the premises of the owner shall be marked with a tattoo, containing an identification number corresponding to records maintained by the department of such animal. Such tattoo shall be placed on such animal immediately after the impoundment expires, and even if impoundment is not required, immediately after the expiration of the ten-day obser- vation period provided in section 6-33 hereof. The tattoo will be affixed to the animal by a licensed veterinarian at the owner's expense." SECTION 3. Section 6-33 of the Code of Ordinances is hereby and the same is amended to read as follows: "Sec. 6-33. Rabies control. (a) General provisions: (1) Impoundment - By the animal control officer. Exceptas provided in subsection (a)(2) below, every animal that has rabies or exhibits symptoms thereof, and every animal that bites, scratches or otherwise attacks any person or another animal within the city shall be impounded summarily and held under observation by the animal control officer for ten (10) days. If the owner desires, such animal may be confined for observation in a veterinary clinic approved by the animal control officer, at the owner's sole expense, for the required ten-day period. The veterinarian in charge of such clinic shall, prior to such ap- proval, certify to the animal control officer that he is willing and able to care for and confine the animal as required herein. (2) Same - At home. Any animal with a current rabies vaccination, as evidenced by a veterinarian's certification, that bites, scratches or otherwise attacks any person or another animal within the city limits may, upon approval by the animal control officer, be confined and quarantined on the owner's premises for the requisite ten-day period for rabies observation, provided that the animal is examined by a veterinarian at the beginning of the quarantine period and again ten (10) days later, and provided further that his written findings are submitted to the animal control officer within three (3) days after such examinations. (3) Penalty. Any owner or keeper of any animal subject to impoundment under this section who fails to keep the animal confined, fails to have the animal examined by a veterinarian or refuses to surrender the animal for required confinement shall, upon conviction by a court of competent jurisdiction, be subject to a minimum fine of two hundred dollars ($200.00). (b) No animal which has rabies shall be allowed at any time on the public streets or ways of the city. No animal suspected of having rabies shall be allowed at any time on the public streets or ways of the city unless such animal has been released from observation by the animal control officer. (c) The owner, keeper, or person in charge of any animal that has rabies or has exhibited symptoms thereof, or that has been exposed to rabies, or that has bitten, scratched or otherwise attacked any person or another animal within the city, shall, on demand, surrender such animal to the animal control officer or his designee. (d) The body of any animal that has died of rabies shall not be disposed of except as directed by the animal control officer. - 4 - (e) The animal control officer shall check and record all cases of rabies and suspected rabies. Such records shall not be destroyed for five (5) years without permission of the city manager. (f) Any person having knowledge of an animal bite is hereby required to, and shall, report the same at once to the department." SECTION 4. Section 6-44 of the Code of Ordinances is hereby and the same is amended to read as follows: "Sec. 6-44. Same - Duties, powers. (a) It shall be the duty of such board to investigate all animal bites of a life -threatening or disfiguring nature, and all bites upon humans or other animals which cause bodily injury. The board will convene at the request of the animal control officer or a duly filed complaint by any citizen of Pearland, Texas, concerning an animal which is believed to be a vicious or dangerous animal. A sworn, written complaint must be filed with the animal control officer of the City of Pearland as follows: (1) Name, address and telephone number of complainant and the same for any witnesses. (2) Date, time, and location of any incident involving the animal. (3) Description of the animal. (4) Name, address and telephone number of the animal's owner, if known; (5) A statement regarding the animal which is believed to be a vicious and dangerous animal, stating the facts upon which such complaint is based; (6) A statement that the animal has exhibited vicious propensities in past conduct, if known; and (7) Other facts or circumstances of the incident. (b) The board shall determine which such animals shall be considered vicious animals, and such finding shall be justified when: (1) The biting animal has been previously tattooed, pursuant to section 6-26 hereof; (2) The animal bite was unprovoked; (3) The biting animal has been trained to fight or actually used for fighting; (4) The animal has caused a bite of a life -threatening or physically disfiguring nature while off the premises of the owner of such animal." SECTION 5. Section 6-46 of the Code of Ordinances is hereby and the same is amended to read as follows: "Sec. 6-46. Decision to destroy. Any vicious animal which, in the determination of the board, constitutes a clear and present danger to the public safety such that the continued presence of the animal in the city places one or more members of the public in danger of serious bodily injury shall be ordered destroyed or removed from the city and the owner shall give the Animal Control Officer the name and address of where the animal wasrelocated. The Animal Control Officer shall notify the proper authorities at the final destination." SECTION 6. Section 6-47 of the Code of Ordinances is hereby and the same is amended to read as follows: "Sec. 6-47. Vicious animal at large; penalty. If any person, firm or corporation is found guilty of the offense of animal -at -large (under section 6-3 hereof), and that animal has been declared a vicious animal by the board, such person, firm or corporation shall be subject to a minimum fine of one thousand dollars ($1,000.00)." SECTION 7. Section 6-76 of the Code of Ordinances is hereby and the same is amended to read as follows: "Sec. 6-76. Minimum distance requirements from buildings meant for human occupancy. 6 It shall be unlawful for any person, firm or corporation to keep, possess or maintain in the city a kennel within one hundred fifty (150) feet of any building meant for human occupation, other than the resident of the keeper, possessor or owner of such kennel. Such distance of one hundred fifty (150) feet to be measured in a straight line from the nearest point of any kennel, pen, enclosure, or other structure in which the animals are kept to the nearest point of such actual residence or such actual building. This section shall not apply to any licensed kennel in existence prior to the effective date of this ordinance." SECTION 8. There is hereby created Section 6-77 named "Fencing" and as created shall read as follows: "Sec. 6-77. Fencing. Any kennel which is not completely enclosed within a build- ing and is accessible to the public shall be fenced with a solid fence or a double fence separated by a minimum distance of two feet. This section does not apply to any duly licensed kennel in existence prior to the effective date of this ordinance." SECTION 9. All rights and remedies which have accrued in the favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. SECTION 10. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such part shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 11. The City Secretary shall cause this Ordinance, or its caption and penalty,, to be published in the official newspaper of the City at least once within ten (10) days after its passage on second and final reading. This Ordinance shall thereafter become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. - 7 - SECTION 12. Any person, firm or corporation who shall violate or fail to comply with the requirements or provisions of this ordinance herein adopted shall be deemed guilty of a misde- meanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Section 1-11 of the Code of Ordinances of the City or such specific penalty clause as may be provided. SECTION 13. All Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 14. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified as herein provided. SECTION 15. This ordinance shall take effect and be in force on the /G day after its publication in the official City Newspaper of the City of Pearland, Texas. PASSED AND APPROVED ON FIRST READING this , A.D., 1990. ATTEST: y KAY KR SE, CITY SECRETARY y day of PASSED AND APPROVED ON SECOND AND FINAL READING this 023 day of ATTEST: KAY KROJSE, CITY SECRETARY , A.D., 1990. TOM REID, MAYOR APPROVED AS TO FORM: ROBERT E. TALTON, CITY ATTORNEY VOTING RECORD - APRIL 9, 1990 (FIRST READING) Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. VOTING RECORD - APRIL 23, 1990 (SECOND READING) Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. PUBLICATION DATE: APRIL 27, 1990 EFFECTIVE DATE: MAY 7, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. - 9 P3:8