Ord. 1113 05-12-03ORDINANCE NO. 1113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 6, ANIMALS AND FOWL,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF REGULATING THE LICENSING AND VACCINATION OF DOGS
AND CATS; ESTABLISHING A FEE; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE; PROVIDING AN
EMERGENCY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 6, Animal and Fowl, of the City of Pearland Code of
Ordinances, is hereby amended to read as follows:
ARTICLE IV. DOGS AND CATS
Sec. 6-54. License — Required; exceptions.
(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
(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 three (3) years; 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.
Sec. 6-55. When vaccination required; evidence.
(a) No person shall own, posses 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
ORDINANCE NO. 1113
been inoculated by a veterinarian for rabies, with a vaccine approved by the U.S.
Department of Agriculture's Veterinary Biologics Division within the immediately
preceding period of three (3) years.
(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 three (3) years. A certificate duly signed by a
veterinarian attesting that he administered the vaccination required by this section,
bearing the date and type of vaccine as 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.
Sec. 6-58. Duration; transfer of license.
(b) An annual term license shall expire upon the first occurrence of any of the
following events:
(1) The expiration of three (3) years from the date of the rabies vaccination
which was evidenced by the rabies vaccination certificate furnished to
obtain the license;
Section 2. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding
Five Hundred Dollars ($500.00).
Section 3. Declaration of Emergency. The Council finds and determines that
the need to regulate the licensing and vaccination of dogs and cats in the City inures to
the benefit of the public and, therefore, bears directly upon the health, safety and
welfare of the citizenry; and that this Ordinance shall be adopted as an emergency
2
ORDINANCE NO. 1113
measure, and that the rule requiring this Ordinance to be read on two (2) separate
occasions be, and the same is hereby waived.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any 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.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 8. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland, upon passage of 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 official city newspaper.
PASSED and APPROVED ON FIRST AND ONLY READING this the 12th day
of May A. D., 2003.
TOM REID
MAYOR
3
ORDINANCE NO. 1113
ATTEST:
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD FIRST AND ONLY READING
MAY 12, 2003
Voting "Aye" -
Councilmembers Viktorin, Owens,
Tetens, Marcott, and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: September 3, 2003
EFFECTIVE DATE: September 13, 2003
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
4
EXHIBIT "A"
NOTICE OF CITY OF PEARLAND
ANIMAL CONTROL FEES
NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas, adopted the.
following Animal Control Fees at the Regular City Council Meeting on the 12th day of May , 2003:
Impoundment Fee
Boarding Fee (per day)
Disposal Fee (deceased animal)
Disposal Fee (live animal)
Kennel License (per year)
Quarantine
City License Fee (per year) - sterilized
City License Fee (per year) - unsterilized
Tag Replacement Fee
Adoption
Livestock* Boarding (per day)
Livestock Impoundment
1st
Occurrence
$30.00
$10.00
$25.00
$40.00
$50.00
$40.00
(+ $10.00 per day
boarding fee).
$30.00
$60.00
$5.00
$30.00
$25.00
$100.00
2nd
Occurrence
$40.00
$125.00
The term livestock shall include but not be Iimited^to cattle, horses, sheep,
llamas, goats, swine, and emus.
Young Lorfing, TRMC
City Secretary
City of Pearland, Texas
3rd
Occurrence
$50.00
$150.00
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404:-South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper.of general
circulation in Brazoria, Harris & Galveston Counties, for i issues, -as follows:
No / Date /"3' 20 _1&_
No Date 20
No. Date :20
No Date 20
No. Date 20
Subscribe and worn to before me this
20—
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
frt
-/ President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Ordinance 1113
Published 09/03/03
Published Sept. 3, 2003
ORDINANCE NO. 1113 ..
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND, fi
TEXAS, AMENDING CHAP-
TER
6, ANIMALS AND
FOWL, OF. THE CITY OF
PEARLAND CODE OF
ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME
TO TIME, AMENDED, FOR
_THE PURPOSE OF REGU-
LATING THE LICENSING
I AND VACCINATION .OF
DOGS AND CATS; ESTAB-
LISHING A FEE; PROVID-
ING A PENALTY FOR VIO-
LATION; CONTAINING ' A
SAVINGS CLAUSE, A SEV-
ERABILITY CLAUSE, AND
A REPEALER CLAUSE;
PROVIDING FOR CODIFI- `
CATION AND AN EFFEC-
TIVE DATE; PROVIDING AN
EMERGENCY CLAUSE.
Section 2. Penalty. Any per- 1
son who shall violate the pro-
visions of this section shall be
deemed guilty of a misde-
meanor and shall, -upon con-:
viction by a court of compe-
tent jurisdiction, be punished
by a fine in -any sum riot
exceeding Five Hundred;
Dollars ($500.00).
Official Code of Ordinances
_as provided hereinabove.
-PASSED—and—APPROVED-1
ON FIRST AND ONLY i
READING this the 12th • day 1
of May , A. D., 2003.
r /s/ Tom Reid
• ATTEST: •
Isl Young Lolling, TRMC
City Secretary
APPROVED AS TO FORM:
/sl Darrin M. Coker '
City Attorney,
VOTING RECORD FIRST
AND ONLY READING MAY
112, 2003
Voting "Aye"-
Councilmembers Viktorin;
Owens, Teteris, Marcott, and
Seeger.
Voting "No"- None.
Motion passes 5 to 0.
PUBLICATION DATE:
September 3, 2003
EFFECTIVE DATE:
,September 13, 2003
PUBLISHED AS REQUIRED j
'BY SECTION 3.10 OF THE
CHARTER OF THE CITY OF t
PEARLAND,TEXAS. J