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Ord. 0528 09-22-86ORDINANCE NO. 528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AMENDING AND RECODIFYING CHAPTER 6 (ANIMALS AND FOWL) OF THE CITY CODE OF ORDINANCES; DESIGNATING LOCAL HEALTH AUTHORITY FOR RABIES CONTROL; DEFINING TERMS; DECLARING ANIMALS AT LARGE TO BE A NUISANCE AND PROVIDING FOR ABATEMENT THEREOF; PROVIDING MINIMUM STANDARDS, RULES AND REGULATIONS FOR THE KEEPING OF ANIMALS AND FOWL; DECLARING UNLAWFUL THE KEEPING OF CERTAIN WILD ANIMALS AND PROVIDING FOR THE IMPOUNDMENT THEREOF; PRO- VIDING RABIES CONTROL PROCEDURES AND REPORTING BY VETERI- NARIANS; ESTABLISHING PROCEDURES FOR THE CONTROL OF ANIMALS WHICH BITE OR OTHERWISE ATTACK; CREATING AN ANIMAL CONTROL BOARD FOR THE DESIGNATION AND DESTRUCTION OF CERTAIN VICIOUS AND DANGEROUS ANIMALS; ESTABLISHING HEARING PROCEDURES FOR SUCH BOARD; REQUIRING LICENSING OF DOGS AND CATS AND THE WEAR- ING OF TAGS; REQUIRING VACCINATION OF DOGS AND CATS; PROVIDING STANDARDS FOR THE OPERATION OF KENNELS, AND REQUIRING A LICENSE THEREFOR; PROVIDING FOR SUSPENSION, REVOCATION OF SUCH LICENSE AND ESTABLISHING HEARING PROCEDURES FOR THE SAME; PROVIDING FOR ADOPTION, REDEMPTION, SALE OR DESTRUCTION OF IMPOUNDED ANIMALS; DECLARING CERTAIN ACTS UNLAWFUL; PROVIDING A PENALTY FOR VIOLA- TION; HAVING A SAVINGS CLAUSE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION AND AN Eii F L.CTIVE DATE. WHEREAS, the City Council of the City of Pearland, Texas hereby finds and determines that the unregulated possession of animals and fowl within the territorial limits of the City of Pearland, Texas can represent a real and significan`.: 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 a comprehensive permitting, licensing and regulatory scheme for the keeping of animals and fowl 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; and WHEREAS, it is recognized that the keeping of animals and fowl within the City should not restrict or infringe upon the rights of property owners in the City to the quiet and peaceful enjoyment of such property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. That Chapter 6 (Animals and Fowl) of the Code of Ordinances of the City of Pearland, Texas is hereby amended in its entirety and shall hereafter read as foliows: 1 ® c Section 1. Officers Designated. For the purposes of the Rabies Control Act of 1981 (Vernon's Ann. Tex. Civ. Stat. Art. 4477-6a), the Animal Control Officer of the City of Pearland is hereby designated as the local health authority, and such Officer, together with such assistants as may be appointed by said Officer, shall have the duties and powers set forth in said Act. Section 2. Definitions. When used in this Ordinance, 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 fells catus, male or female, four (4) months of age or older. Department: The Animal Control Department of the City 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 corporation 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 care of the animals kept there, which services are provided by a licensed veterinarian. Kennel: Any lot, premise, 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. 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 reciprocal with the State of Texas. 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 Ordinance. Section 3. Penalty for Violation. Any person, firm or corporation 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 of not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense. Provided, however, that where a specific penalty is provided within any of the sections hereof, such specific penalty will control over the general penalty. 2 Section 4. Responsibility for .Animal at Large. The owner or any other person having the right of possession of an animal shall ensure that such animal shall not be at large in violation of this Ordinance and shall be subject to punishment under the provisions of same without regard to whether he was acting with a culpable mental state. Section 5. Nuisance Abatement. (a) Any animal or fowl at large within the territorial limits of the City of Pearland is hereby declared to be a nuisance, and the Animal Control Officer of the City is hereby empowered to use all reasonable means necesgary to abate such nuisance when the same exists within the City. (b) Any animal or fowl which by the loud and habitual making of noise shall cause serious annoyance within the neighborhood where such animal or fowl is kept is hereby declared to be a nuisance, and the keeping, harboring or possession of such animal or fowl is hereby declared to be unlawful, and any court having jurisdiction over either such animal or fowl or any person keeping, harboring or possessing the same shall have the authority to require the abatement of such nuisance. Section 6. Animal At Large Prohibited. It shall be unlawful for any person to allow or permit any animal or fowl to be at large within the territorial limits of the City. Section 7. Care and Feeding of Animals. All animals shall be fed with a quanta > of good, wholesome food sufficient to keep them in a good, well -nourished condition, and such food shall be served to such animals in a clean, sanitary manner. All animals shall be provided with pure, clean water in sufficient quantities at all times and adequate shelter to protect them from the elements. Section 8. Destruction of Wounded Animals. When from any cause it may happen that any animal within the City shall be so wounded, maimed or injured as to render its recovery hopeless in the opinion of the Animal Control Officer, such Officer may cause such animal to be destroyed. Such destruction shall be in a manner as determined by the Animal Control Officer to be the most effective and least painful considering attendant circumstances. Upon destruction, such Officer shall cause the carcass of such destroyed animal to be lawfully removed and disposed of. Such Officer shall thereafter file a written report to the City Manager stating: (1) A description of the animal destroyed, and the name of its owner, if known; (2) The injury making the destruction necessary; and, (3) The names of any witnesses to such injury and/or destruction. Section 9. Swine, Goats Prohibited; Milch Goats Excepted. It shall be unlawful for any person tb keep or maintain within the territorial limits of the City one or more hogs, swine, pigs or goats, other than mulch goats, which shall be allowed so long as a permit for the keeping of such milch goats has been issued by the Animal Control Officer. Section 10. Restrictions on Keeping Milch Goats. Any person, firm or corporation desiring to keep one or more milch goats must first make application to the Animal Control Officer for a milch goat permit. The Animal Control Officer shall issue such permit only if the place where same are to be kept is at least 1/4 acre in size and such place is at least 150 feet from the nearest private residence not that of the owner or keeper of such animal (s). Further, no more than one additional such animal may be kept per each additional 1/4 acre of land. The fee for such permit shall be as may be from time to time established by City Council and kept on file in the office of the City Secretary. 3 Section 11. Restrictions on Keeping Horses. It shall be unlawful for any person to keep, possess or maintain any horse, mule, donkey or other animal of the equine family on any parcel of land less than 1/2 acre in size. Further, no more than one additional such animal may be kept per each additional 1/2 acre of land. It shall further be unlawful for any person to keep, possess or maintain any horse, mule, donkey or other animal of the equine family within 150 feet of any actual residence or building used for human habitation not that of the owner or keener of such animal. Section 12. Restrictions on Keeping Cattle. It shall be unlawful for any person to keep, possess or maintain any cow, calf, steer or bull on any parcel of land less than one (1) acre in size. Further, no more than one additional such animal may be kept per each additional acre of land. It shall further be unlawful for any person to keep, possess or maintain any cow, calf, steer or bull within 150 feet of any actual residence or building used for human habitation not that of the owner or keeper of such animal. Section 13. Restrictions on Keeping Chickens, Geese, Ducks. It shall be unlawful for any person to keep, possess or maintain any chicken, goose or duck, or any combination thereof regardless of gender, on any parcel of land less than one (1) acre in size. Further, no more than one hundred (100) of such fowl may be kept per acre of land. It shall further be unlawful for any person to keep, possess or maintain any chicken, goose or duck, or any combination thereof regardless of gender within 150 feet of any actual residence or building used for human habitation not that of the owner or keeper of such animal. Section 14. Restrictions on Keeping Rabbits, Guinea Pigs. It shall be unlawful for any person to keep, possess or maintain any rabbits or guinea pigs, or any pens, enclosures, hutches, cages or other structures wherein any such animals are kept, possessed or maintained, within 150 feet of any actual residence or building used for human habitation not that of the owner or keeper of such animals. Section 15. Method of Measuring Distances. For the purpose of determining compliance with the provisions of this Chapter, distances shall be measured in a straight line from the nearest point of the shed, stable, barn, pen or enclosure or area in which the animal is contained to the nearest point of such actual residence or building used for human habitation. Section 16. Storage, Disposal of Manure. (a) Every person owning or leasing any premises where animals are kept shall maintain a substantial and sufficient receptacle for manure, which than be so constructed and kept so as to protect the contents from rain and so screened as to prevent access to flies, and all manure from any and all such animals shall be placed in such receptacle. (b) Every person owning or leasing such premises where animals are kept shall have all manure from such animals removed from the premises not less than twice each week, and at no time shall the manure be allowed to accumulate in such manner as to become or otherwise constitute a nuisance or health hazard. (c) In no event shall any manure be thrown or deposited in or upon any street or public place, or allowed to remain in such places. Further, no person hauling or transporting manure shall transport or haul the same in a manner so as to allow the same to litter the public streets or other public property. Section 17. Bird Sanctuary; Shooting, Catching Birds Prohibited. (a) The City of Pearland is hereby declared to be a Bird Sanctuary, and the Director of Transportation is hereby authorized to erect appropriate signs and other markers, at highway entrances to the City and at other places, to 4 t evidence the same. (b) It shall be unlawful for any person to shoot or attempt to shoot or kill with any firearm, air rifle, bow and arrow, slingshot or other apparatus, or to trap, ensnare or otherwise catch any wild bird, regardless of age, within the City. Section 18. Guineas, Peafowl Prohibited. It shall be unlawful to keep or maintain any guinea hen, guinea fowl or peafowl, regardless of gender, within the City. Section 19. Location Restrictions on Fowl. It shall be unlawful for any person to keep, possess or maintain any variety or species of fowl not expressly mentioned herein, with the exception of parakeets, canaries or similar domesticated birds, unless the same are kept according to and in full compliance with the lot size and distance provisions of Section 13 hereof relating to other domestic fowl. Section 20. Sn1e of Baby Animals Prohibited. It shall be unlawful to sell, offer for sale, barter, lease or give away any baby fowl, including chickens, turkeys, ducklings or goslings, under three (3) weeks of age. It shall further be unlawful to sell, offer for sale, barter, lease or give away any other baby animal under two (2) months of age unless the same has been fully weaned prior to the time of such sale, offering for sale, barter, lease or gift. Section 21. Coloring of Animals Prohibited. It shall be unlawful to dye, stain or otherwise alter the natural color of any animal within the City. Section 22. Restrictions on Keeping Wild Animals. (a) It shall be unlawful to keep, possess or maintain, or to cause to be kept, possessed or maintained, any wild animal within the City, unless such wild animal is kept at all times within the confines of a properly licensed and permitted zoo, according to Texas Department of Parks and Wildlife regulations and applicable state statutues. (b) Any person, firm or corporation which violates any of the provisions of this Section shal 1 be subject to a minimum fine of Two Hundred Dollars ($200.00), and each day such violation is allowed to continue shall constitute a separate violation. (c) If any person, firm or corporation is found guilty of the offense of animal - at -large (under Section 6 hereof), and that animal is a "wild animal," such person, firm or corporation shall be subject to a minimum fine of Two Hundred Dollars ($200.00). Section 23. Impoundment of Wild Animals. (a) The Animal Control Officer shall seize all animals found to be in violation of Section 22 hereof and impound the same. Where City facilities are insufficient or otherwise inadequate to impound any such animal, the Animal Control Officer shall take any reasonable and necessary steps to secure the impoundment of such animal within or outside the City, in whatever facilities may be available at the time. (b) The owner of a seized "wild animal" may recover the same upon a showing of ownership to the Animal Control Officer. Such will be evidenced by written documentation clearly denoting ownership of the animal in question. Prior to such recovery, the owner shall also provide to the Animal Control Officer: (1) A sworn affidavit setting forth the location at which the animal will be kept, and that he will not allow such animal to be within the City; and 5 (2) An agreement that he will indemnify and hold harmless the City of Pearl and from any and all liability resulting in anyway from the keeping of such animal; and, (3) A waiver form approved by the city attorney authorizing the disposal and/or destruction of the animal should any further impoundments occur or become necessary. (c) If recovery under subsection (b) hereof has not been effected within ten (10) days after impoundment, the Animal Control Officer shall be authorized to offer such animal to a zoo or wildlife refuge, or to destroy the animal if same remains unclaimed for an additional ten (10) days. Section 24. Procedure on Subsequent Impoundment. In the event that a "wild animal" is seized and recovered by the owner as set forth in Section 23 hereof, and such animal is thereafter found at large or in violation of this Ordinance, such animal shall be seized by the Animal Control Officer and the City Attorney shall, as soon as practicable, seek an order from a court of competent jurisdiction, for the destruction of such animal. Section 25. Rabies Control. (a) General provisions. (1) Except as 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 (10) day period. The veterinarian in charge of such clinic shall, prior to such approval, certify to the Animal Control Officer that he is willing and able to care for and confine the animal as required herein. (2) 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 (10) 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) 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 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. (e) The Animal Control Officer shall check and record all cases of rabies and 6 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 26. Veterinarians to Report Diseases. Any veterinarian or other person who is called to examine or professionally attend to any animal within the City having glanders, farcy, rabies, leptospirosis, tuberculosis or other communicable disease shall, within forty-eight (48) hours thereafter, report in writing to the Department the following facts: (1) The location and identity of such animal; (2) The owner's name and address; and, (3) The type and character of the disease. Section 27. 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 said animal while impounded, and even if impoundment is not required, prior to the expiration of the ten (10) day observation period provided in Section 25 hereof. A licensed veterinarian may be permitted to affix the tattoo to the animal, upon request by the owner and approval of the Animal Control Officer. Section 28. Animal Control Board; Duties, Powers. (a) Board created. There is hereby created an Animal Control Board of the City of Pearland, for the purpose of determining which animals, by virtue of their dangerous or vicious propensities, constitute such a danger to the health, safety and welfare of the citizens of the City that their destruction is required in the public interest. Such Board shall be constituted by the following five (5) persons who shall be appointed by city council for three (3) year terms: A licensed veterinarian of the State of Texas; and, Any four (4) residents of the City. The Board may enact its own by-laws, subject to city council approval, relating to selection of the Board chairman and other officers, attendance at meetings and similar matters, so long as such by-laws are not in conflict with State law, the City Charter or City ordinances. (b) Duties, powers. It shall be the duty of such Board to investigate, upon request by the Animal Control Officer, all animal bites of a life -threatening or disfiguring nature, and all bites upon humans which cause bodily injury. 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 27 hereof; or, (2) The animal bit without reasonable provocation; or, (3) The biting animal has been trained to fight or actually used for fighting; or, (4) The animal has caused a bite of a life -threatening or physically disfiguring nature while off the premises of the owner of such anirnal. 7 c (c) Hearings, procedures. Such board investigations shall be conducted in hearings open to the public and notice thereof shall be posted as required by law. The owner of such animal shall be notified of such hearing by the Animal Control Officer prior to the date of hearing, and shall have the right to appear at such hearing, in person or through counsel, and present evidence as may be germane to such investigation. A majority of the duly appointed members of the Board shall constitute a quorum for the conduct of business. A majority of those members voting at any such hearing or investigation shall be sufficient for final action to be taken on any pending matter. (d) Destruction. 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 may be ordered destroyed. Section 29. Vicious Animal At Large; Penalty. If any person, firm or corporation is found guilty of the offense of animal -at -large (under Section 6 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 Two Hundred Dollars (S200.00). Section 30. Attractive fl 1iw►tzit for Unconfined. Animals. It shall be unlawful for any person knowingly to cause or permit the maintenance of an attractive environment for any dog, cat or other animal, by the placement of food or other means, which is not confined in a fenced or otherwise restrictive area, and which is not registered as provided herein. It is a defense to prosecution under this Section that the person placed the food or other attractive environment solely for the purpose of apprehending an animal for surrender to a humane organization or to the Animal Control Officer. Section 31. License Required. (a) No person shall own, keep, possess, or have control over any dog or cat within the City unless such person has a current city license for such dog or cat, provided that a city license shall not be required for: (1) Dogs and cats under the age of four (4) months which are confined in a place owned or under the possession of the person having ownership, possession or control of the dog or cat within an enclosure which is sufficient to prevent escape therefrom; (2) Dogs or cats owned by, or in the possession or control of persons who are nonresidents of the city, traveling through the city, or temporarily sojourning therein for a period not exceeding sixty (60) days; (3) Dogs or cats brought into the city exclusively for the purpose of entry in any bona fide show or exhibition, and which are actually entered in and kept at such show or exhibition; (4) Dogs or cats kept for teaching or research purposes by a medical school, veterinary school, licensed hospital or nonprofit university or college providing a degree program; (5) Dogs or cats kept for the purposes of medical observation or treatment in veterinary hospitals; (6) Dogs or cats kept in the shelter facilities of a humane organization; (7) Dogs or cats originally acquired by the person owning, keeping or having 8 (8) possession thereof within the preceding sixty (60) days; or Dogs or cats owned by or in custody or under control of persons who have been residents of the city for sixty (60) days or less. The exceptions provided in the subparagraphs (a)(2) through (a)(8) above, shall not be applicable to any dog or cat which is being kept in any boarding kennel, boarding cattery or other facility which temporarily keeps dogs or cats in consideration of any fee or other compensation. Only exception number (a)(1) above, and exception number (a)(9), below, shall apply to an animal which is being kept in such a facility. (9) The dog or cat which is owned by a person who does not reside within the city and: (a) The animal has been vaccinated for rabies by a veterinarian within the preceding period of one (1) year; and (b) The animal has a current license as issued by the city, county or other applicable licensing authority governing the licensing of animals in the place where the animal is normally kept by its owner. In any prosecution under this section, the burden shall be upon the defendant to establish as an affirmative defense that one of the exceptions set out in subparagraph (a)(1) through (a)(9), above, is applicable. (b) No person shall permit any dog or cat on any premises under his ownership, possession or control unless there is a current license issued for such dog or cat; provided, however, it shall be an affirmative defense that the animal is not required to have a license pursuant to any applicable exception listed in subsection (a) abbve. Section 32. Tag to be Worn. (a) It shall be the duty of each person having ownership of a dog or cat for which a license is required to be issued under this article to ensure that the license tag furnished by the licensing authority in conjunction with the issuance of the animal's license is worn by the animal at all times. It is a defense to prosecution hereunder that the dog or cat was confined within a building or other totally enclosed structure under the ownership, possession or control of the person having possession of the animal at the time that the animal was not wearing a license tag. (b) In any prosecution under this article it shall be presumed that no valid license has been issued for an animal hereunder unless the animal was wearing a valid license tag furnished pursuant to Section 31 hereof at the time of the alleged offense. Section 33. Fccs. The fees for the licensing of animals as required herein shall be as from time to time established by City Council, as reflected on the fee schedule maintained in the office of the City Secretary. Section 34. Duration; transfer. (a) A continuous term license shall expire upon the first occurrence of any of the following events: (1) Any lapse of the rabies vaccination for the animal; or (2) The death of the animal; or (3) Upon the thirtieth day next following any change of ownership of the animal, unless the license has been amended by such date; or (4) Upon the thirtieth day next following any change of the address of the 9 c animal's owner unless the license has been amended by such date. (b) An annual term license shall expire upon the first occurrence of any of the following events: (1) The expiration of one (1) year from the date of the rabies vaccination which was evidenced by the rabies vaccination certificate furnished to obtain the license; or (2) The death of the animal; or (3) Upon the thirtieth day next following any change of ownership of the animal, unless the license has been amended by such date; or (4) Upon the thirtieth day next following any change of the address of the animal's owner unless the license has been amended by such date. (c) In the event of a change of ownership of the licensed animal or in the event of a change of address of the licensed animal's owner, then the Department may cause the license to be amended to reflect such change of owner or address, provided that an application for amendment is received by the Department within the thirty -day period next following the date of the change. The Department may promulgate forms and administrative rules as required for the orderly administration of license amendments and applications therefor. A copy of the administrative rules shall be maintained for public inspection in the offices of the Department and the City Secretary. No fee shall be imposed for an amendment. (d) An expired license is of no force and effect. A new license must be obtained or or before expiration if the animal remains subject to licensing by the city hereunder. Section 35. Licensing Authority. Licenses required herein shall be issued by the Department, and may be issued through the office of the City Secretary or central cashier of the city in the interest of convenience to the public. Section 36. Proof of Vaccination Required. No animal license shall be issued unless there is exhibited to the licensing authority a certificate by a veterinarian showing that the animal to be licensed has been inoculated with a rabies vaccine approved by the U. S. Department of Agricul- ture's Veterinary Biologics Division in accordance with the reconmendations of the manufacturer, and that such vaccination will not expire prior to the issuance of the license. Section 37. Records. At the time of issuance of each dog or cat license hereunder, the Department shall furnish a numbered license tag which shall be worn by the animal to evidence the issuance of the city license hereunder. The license tag so issued shall be valid for so long as the animal's license remains valid. The Department shall maintain a record of all licenses issued under this Article, which shall show the name and address of each person issued a license, the number of the license t-ag ilirnished, a description of the animal for which the license is issued, the date of issuance, fees paid, the place of issuance, and type of rabies vaccination administered with date of inoculation. Section 38. Replacement Tags. In the event of loss or destruction of a license tag, replacement tags shall be available from the director for the payment of a fee, from time to time established by the City Council and reflected on the fee schedule maintained in the office of the City Secretary, upon satisfactory proof that the dog or cat in question was properly licensed. 10 Section 39. Counterfeiting; Destruction of Tags. The following acts are declared to be unlawful: (1) The counterfeiting of dog or cat licenses or tags. (2) The willful and malicious destruction of dog or cat license tags. Section 40. When Vaccination Required; Evidence. (a) No person shall own, possess or have control over any dog or cat within the city which dog or cat is four (4) months of age or older unless such dog or cat has been inoculated by a veterinarian for rabies, with a vaccine approved by the U. S. Department of Agriculture's Veterinary Biologics Division within the icriridiately preceding period of one (1) year. (b) In any prosecution under this section, the burden shall be upon the defendant to prove that the animal is not required to be vaccinated because it is less than four (4) months of age or that the animal was in fact vaccinated within the immediate preceding period of one (1) year. A certificate duly signed by a veterinarian attesting that he administered the vaccination required by this section, bearing the date and type of vaccine and the identification of the dog or cat by breed, color and sex and the vaccination tag number and the name and address of the owner shall be accepted as evidence of such vaccination. Section 41. Kennel License Required. Any person, firm or corporation in the city conducting, managing or maintaining a kennel shall obtain a license to do so from the Department and pay a yearly licensing fee to cover costs of inspection of same by the Department which fee shall be as may be set by City Council, as reflected by the fee schedule maintained in the office of the City Secretary. However, no such kennel license shall be issued where the person, firm or corporation applying therefor is in violation of any provision of the Land Use and Urban Development Ordinance of the City or any provision of this Chapter. Section 42. Inspection Required. It shall be required. that a sanitary inspection of the premises be made by the Department or by a veterinarian selected by the Department prior to the issuance of a kennel license as required hereinabove. Section 43. License to be Displayed. The kennel license issued under this Article shall be displayed in a manner visible to the public at the premises. Section 44. Records. The Department shall keep a permanent record of all kennel licenses issued pursuant to this Chapter, and such record shall show the name of the person, firm or corporation to which such license is issued, the name and address of the kennel, the date issued and fees paid therefor. Section 45. lion of License; Hearing. (a) Grounds for suspension. The Department may suspend any kennel license if any of the following conditions exist at the kennel: (1) Animals at the kennel are being deprived of necessary food, care or shelter; or (2) Animals at the kennel are being cruelly confined or are otherwise being cruelly treated; or (3) Unsanitary conditions exist at the kennel to such an extent that those conditions create a possible medium of the transmission of disease to the 11 animals kept there or to human beings. Such a suspension is effective upon service of notice as set out below. When- ever a kennel license is suspended no animal shall be accepted or placed in the kennel and all animals at the kennel on the date the license is suspended shall be removed therefrom as soon as possible, but in no event shall any animal remain in the kennel more than ten (10) days after the date the license was suspended unless it has been reinstated prior to that time. (b) Written notice of suspension. Whenever a license is suspended, written notice shall be given to the licensee, the person in charge of the kennel, or any employee or agent of the licensee. Such notice shall set forth: (1) The specific conditions existing at the kennel which are grounds for suspension of the license pursuant to subsection (a) above; (2) That a hearing will be held before the City Manager or his designate; (3) The date, time and place of such hearing; and (4) That the licensee may appear in person and/or be represented by counsel and may present testimony and cross-examine all witnesses. Such hearing shall be held not later than seven (7) days after the date the license is suspended. The following rules shall apply to such hearing: (1) All parties shall have the right to representation by a licensed attorney though an attorney is not required; (2) Each party may present witnesses in his own behalf; (3) Each party has the right to cross-examine all witnesses; and (4) Only evidence presented before the hearing officer at such hearing may be considered in rendering the order. If the licensee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that conditions exist at the kennel which are grounds for suspension of the license pursuant to subsection (a) above. (c) Findings of hearing officer. If the hearing officer finds conditions which were stated in the notice for grounds for suspension of the license pursuant to subsection (b) above in fact do exist at the kennel, the hearing officer shall order the license suspended. Provided, however, if the hearing officer finds that the needs of the animals and of public interest will be adequately protected by a warning, he may reinstate the license. If the hearing officer finds that on the date of the hearing no conditions exist at the kennel which were set out in the notice as grounds for suspension of the license, he shall order such license reinstated. However, reinstatement of such license shall not preclude the city from seeking revoca- tion of the license as set out below. A copy of the findings and order of the hearing officer shal 1 be served on the licensee, or if the address of the licensee is unknown or the notice has been sent certified mail, return receipt requested and has been returned undelivered, such notice shall be served on the person in charge of the kennel or on any employee or agent of the licensee. (d) Correction of conditions; inspection; reinstatement of license. Whenever the reason for a suspension no longer exists, the licensee or person in charge of the kennel shall notify the Department that the conditions under which the license was suspended have been corrected and that an inspection is requested. Such inspection shall be conducted as soon as possible after receiving the 12 request and in no event shall be later than three (3) regular working days after the receipt of the request for an inspection. If such inspection shows that the conditions were in fact corrected, the license shall be reinstated unless the city has given notice that it is seeking revocation of the license. (e) Conditions for revocation. A license to operate a kennel may be revoked if: (1) Animals at the kennel are being deprived of necessary food, care or shelter; or (f) (2) Animals at the kennel are being cruelly treated; or (3) Unsanitary conditions exist at the kennel to such an extent that those conditions create a possible medium for the transmission of the disease to the animals kept at the kennel or to human beings; and, (4) Conditions stated in subsection (e)(2) and/or (e)(3) above have existed on two (2) or more occasions at the kennel after the kennel has been warned of such conditions by officials of the health department; or (5) There have been two (2) or more suspensions of the kennel license and conditions which were grounds for such suspensions did in fact exist at the time of the suspension; or (6) The licensee is shown to have previously committed any offense involving cruelty to animals; or (7) The licensee has knowingly employed any person at the kennel or allowed any person to work at the kennel who has been previously convicted of any offense involving cruelty to animals. Written notice of grounds for revocation. Prior to revocation, written notice shall be given to the licensee or person in charge. Such notice shall set forth: (1) The grounds upon which the city will seek revocation of the license; (2) The specific conditions upon which the city will rely in seeking revocation of the license; (3) That a hearing will be held before the City Manager or his designate; (4) The date, time and place of such hearing; (5) That the licensee may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses. Such hearings shall be held in accordance with subsection (b) above. If the licensee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that grounds in fact do exist for the revocation of the license. (g) Findings of hearing officer. After completion of the hearing, the hearing officer shall make findings as to whether or not grounds exist for revocation of the license. If the hearing officer finds that grounds do exist for revocation of the license, he shall revoke such; provided, however, if the city sought revocation for reasons under subsection (e)(1), (2) and/or (3) above and no grounds exist for revocation under (e)(4),(5),(6) or (7) above, the hearing officer may deny the request for revocation if he finds that the needs of the animals and the public interest will be adequately protected by a warning. A copy of the written findings shall be served on the licensee. If the address of the licensee is unknown or if such findings have been sent certified mail, return receipt requested, and returned undelivered, such findings shall be served on the person in charge of the kennel or on an agent or employee of the licensee. 13 (h) Removal of animals upon revocation of license. If the license is revoked, no animal shall be accepted or placed in the kennel and all animals at the kennel on the date the license is revoked shall be removed therefrom as soon as possible, but in no case no later than ten (10) days after notice that the license has been revoked was served on the licensee, his agent or his employee. Service of notices. Any notice provided for in this section may be served by personal delivery or by certified mail, return receipt requested. Nonrefundability of license fee; reinstatement of license. In the event a license is revoked, the city shall not be liable to the licensee for any refund of any part of the license fee. Reinstatement of a license that has been revoked shall require application and payment of a permit fee as if it were an initial application; provided, however, no license shall be issued to the same licensee if the licensee has been convicted of any offense involving cruelty to animals; no license shall be issued to the same licensee within one year of the date a license has been revoked; and no license shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the license was revoked shall not reoccur. If there is a dispute between the Animal Control Officer and a person applying for a license for a place for which a license was revoked as to whether adequate precautions have been taken so that the conditions under which the license was revoked will not reoccur, the applicant may request a hearing before the City Manager or his designate. Such hearing shall be conducted under the same procedures as a hearing for a revocation of a license, however the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the license was revoked will not reoccur. Section 46. Minimum Distance Requirements. 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 actual residence or habitation for human beings, or within one hundred fifty (150) feet of any church, school or hospital, other than the residence 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 struc- ture in which the animals are kept to the nearest point of such actual residence or place of human habitation, or church, school or hospital. This section shall not apply to any kennel in existence and in operation prior to the effective date of this Ordinance and properly licensed within one (1) year after such effective date, but under no circumstances shall any existing kennel license be reissued or renewed for the existence of a kennel within thirty (30) feet of any actual residence or habita- tion for human beings, or within thirty (30) feet of any church, school or hospital, other than the residence of the keeper, possessor or owner of such kennel, the measurement to be taken in the same manner as specified above for the one hundred fifty (150) feet. Should a kennel license for a kennel in existence and operating prior to the effective date of this Ordinance be renewed to the same person or his spouse at the same location, the thirty-foot rule prescribed herein shall apply, but should the kennel license be renewed by the same person or his spouse at another location or a renewal kennel license be sought by different persons, then the one hundred fifty (150) foot minimum spacing rule shall apply. Section 47. Redemption of Impounded Animals. (a) The person entitled to the possession of any animal delivered to the animal control center shall be entitled to have the animal delivered to him at the animal control center upon presentation of satisfactory evidence of ownership and payment of the following charges and fees as applicable, provided such animal is not infected or reasonably believed to be infected with rabies or any other infectious or contagious disease: (1) Except as otherwise provided in this chapter, a fee shall be charged for the impoundment of any animal as may from time to time be established by City Council, as reflected in the fee schedule maintained in the office of the City Secretary. 14 However, no impoundment fee shall be charged for dogs, cats or other small animals delivered to the animal control center by the owner, or for dogs, cats or other small animals placed in custody of' the animal control center because the owner of the animal has been arrested and is in the custody of the state. (2) Purchase of a license as provided hereinabove if a dog or cat has no valid license. (3) Reasonable expenses for the treatment of the animal for injury or illness. Any veterinarian whose services are enlisted by the animal control center is hereby specifically authorized to treat an animal for injury or illness when such treatment is found to be reasonably necessary in his judgment. (b) The Animal Control Officer is hereby empowered to offer for sale any and all healthy animals impounded under the terms of this chapter and not redeemed within three (3) days, and to sell the same for cash for the amount of the accrued fees against such animal. The person entitled to the possession of any animal shall be entitled to redeem the same upon paying the purchaser double the amount paid by him for such animal and his reasonable expenses for keeping the same. Any animal not so redeemed within thirty (30) days from the date of the sale shall become the absolute property of the purchaser. (c) No animals which have been taken to the animal control center shall be redeemed or sold unless they are vaccinated for rabies, except in such instances where the appropriate official has been furnished with satisfactory proof and evidence that such animal has been inoculated with a rabies vaccine approved by the U. S. Department of Agriculture's Veterinary Biologics Division, and that such immunization will not expire within the licensing year in which such animal is to be released. (d) The owners of all animals impounded in the animal control center shall be required to redeem the same as provided for in subsection (a) hereof and shall not be permitted to purchase such animal in lieu of paying the redemption fee. (e) It is hereby declared unlawful to remove animals from the animal control center except in accordance with the procedures established herein and the regulations established by the Department. (f) Any dog or cat impounded in the animal control center that is claimed by the owner that has not been inoculated for rabies, which dog or cat cannot be inoculated in accordance with such section due to illness, will be delivered to any veterinary hospital within the city, upon request of the owner thereof for further treatment, provided the veterinarian operating such veterinary hospital agrees to vaccinate such animal for rabies prior to releasing the animal from the veterinary hospital, and provided further, that such veterinarian also agrees to furnish a certificate evidencing the vaccination to the animal control center. Section 48. Animals Not Redeemed. Animals taken up and impounded under the terms of this Chapter which are not redeemed or purchased as provided in this article shall be disposed of by the city as follows: (1) Any such animal requested for research or teaching purposes by a medical school, licensed hospital or nonprofit university or college providing a degree program, shall be sold to such institution upon payment of a fee of twenty-five dollars ($25.00). (2) All such animals which are not requested by an institution listed in (1) above, shall be destroyed under the direction of the Department, in the lethal chamber of the Department or in such other appropriate manner as may be authorized by the city manager. 15 Section 49. Destruction Upon Request. The department may accept a dog or cat from the owner thereof for disposal upon payment by the owner of a fee as may be established by city council from time to time and reflected on the fee schedule maintained in the office of the City Secretary. No fee shall be charged to a citizen who brings an injured or ill cat or dog to the animal control center for euthanasia. The disposal of such animals shall be accomplished in the same manner as though the animals had been impounded and not redeemed. II. Any person, firm or corporation who violates or fails to comply with the requirements and/or provisions of this Ordinance shall be deemed guilty of a misde— meanor, and shall, upon conviction by a Court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00), and each'day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense. Provided, however, that where a specific minimum penalty is provided within any of the sections hereof, such specific penalty will control over the general penalty. III. 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 portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. IV. All prior Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict, save and except City of Pearland Ordinance No. 509, the Land Use and Urban Development Ordinance, which shall not in any way be deemed repealed in whole or in part by the passage of this Ordinance. V. It is the intent of the City Council of the City of Pearland, Texas that this Ordinance shall constitute a recodification of Chapter 6 (Animals and Fowl) of the City Code of Ordinances; the codifier is hereby authorized to renumber any section or subsection hereof, or to amend catchlines as necessary, to accomplish such recodification. 16 VI. The City Secretary shall caiise this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, Texas at least once within ten (10) days after the passage of such Ordinance on second and final reading. This Ordinance shall then become effective ninety (90) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED AND APPROVED ON FIRST READING this the 8 day of , A. D., 1986. A'ri'1T : City Secretary Mayor PASSED AND APPROVED ON SECOND AND FINAL READING this the da4Y of , A. D., 1986. A I-rk. T : City Se retary APPROVED AS TO FORM: Mayor VOTING RECORD (FIRST READING) 09-08-86 Voting "Aye's - Councilmembers Bost, Frauenberger, Tetens and Roberts. Voting "No" - None. 'YQTING RECORD (SECOND READING) 09-22-86 Voting "Aye" - Councilmembers Tetens, Bost and Mack. Voting "Not' - None. PUBLICATION DATE: 09-26-86 EFFECTIVE DATE: 12-25-86 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.