Ord. 0528-08 2013-11-11 - Supp 6ORDINANCE NO. 528 - 8
AN ORDINANCE 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 AMENDED FROM
TIME TO TIME,; HAVING A SAVINGS CLAUSE; SEVERABILITY
CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR
PUBLICATION.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That Chapter 6, ANIMALS AND FOWL, of the Code of Ordinances, City of
Pearland, Texas is hereby amended to read as follows:
"ARTICLE I.
IN GENERAL
Sec. 6-1. Animal control officer.
For the purposes of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code ch. 826),
the animal control officer of the city 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.
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.
Barnyard animal: A cow, calf, steer, bull or other ruminant; a chicken, goose or duck; a horse,
mule, donkey or other animal of the equine family; a lamb; or a goat.
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Cat: All domestic species or varieties of the genus felis catus, male or female, six (6) 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 familiaris, male or female, six (6)
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 six (6) or more
dogs, cats, rabbits, or any combination thereof, are kept or maintained. This definition shall
include shelter facilities operated by humane organizations, but shall exclude veterinary
hospitals.
Owner: Any person or persons owning, possessing, harboring, keeping or sheltering any animal.
Unprovoked attack: Unprovoked with respect to an attack by an animal shall mean that the
animal or the person in control of 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.
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, but shall not include raptors and falcons that are licensed or that are properly
permitted by the State of Texas. 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 venomous
reptiles, but such term shall not include animals expressly allowed in this chapter.
Sec. 6-3. 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. It shall be the responsibility of each person in control of a dog or cat
to promptly remove and dispose of feces left by such dog or cat on private property where the
dog or cat does not reside or on any public property. It shall be the duty of each person in control
of a dog or cat to possess materials for the sanitary removal of feces left by a dog or cat required
herein.
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Sec. 6-4. Same —Responsibility.
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 chapter and shall be subject to punishment under
the provisions of same without regard to whether he was acting with a culpable mental state.
Sec. 6-5. Nuisance abatement.
(a) At large. Any animal or fowl at large within the territorial limits of the city is hereby
declared to be a nuisance, and the animal control officer of the city is hereby empowered to use
all reasonable means necessary to abate such nuisance when the same exists within the city.
(b) Noise. 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.
Sec. 6-6. Micro -chip required.
Any animal that bites, scratches or otherwise attacks any person or other animal while off the
premises of the owner shall have a micro -chip inserted under the skin of the animal that contains
an identification number corresponding to records maintained by the Department of such animal.
Such micro -chip shall be inserted in such animal, at the owner's expense, immediately after the
impoundment expires and, even if impoundment is not required, immediately after the expiration
of the ten-day observation period provided in Section 6-33 hereof.
Sec. 6-7. Care and feeding of animals.
All animals shall be fed with a quantity 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.
Sec. 6-8. 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
stating:
(1) A description of the animal destroyed, and the name of its owner, if known;
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(2) The injury making the destruction necessary; and,
(3) The names of any witnesses to such injury and/or destruction.
(4) The destruction method.
(5) The method by which the animal was disposed.
Sec. 6-9. Barnyard animals allowed.
Barnyard animals, as defined in this chapter, shall be allowed to be kept in the territorial limits of
the City of Pearland, subject to the following conditions:
(a) No cow, calf, steer, bull or other ruminant, or chicken, goose or duck may be kept on
property less than one (1) acre in size. No other barnyard animal may be kept on property less
than one-half (1/2) acre in size.
(b) No barnyard animal may be kept, possessed, or maintained, nor may any pens,
enclosures, hutches, cages or other structures wherein any such animals are kept, possessed or
maintained be, within one hundred fifty (150) feet of any actual residence or building used for
human habitation not that of the owner or keeper of such animal.
(c) There shall be an exemption to the distance restriction in Subsection (b) if the keeping of
any barnyard animal on a property was commenced prior to the construction within one hundred
fifty (150) feet of any actual residence or building used for human habitation not that of the
owner or keeper of such animal. This exemption shall cease to exist if no barnyard animal is
kept on the property for a continuous period of six (6) months or longer.
Sec. 6-10. Density of barnyard animals.
(a) Barnyard animals are hereby assigned density values as follows:
(1) One cow, calf, steer, bull or other ruminant = 5 Animal Units (AU).
(2) A total of sixteen (16) chickens, geese, or ducks, in any combination = 1 AU.
(3) One horse, mule, donkey or other animal of the equine family = 3 AU.
(4) One goat = 2 AU.
(5) One lamb = 2 AU.
(b) It shall be unlawful to keep, possess or maintain within the territorial limits of the City of
Pearland any number or combination of barnyard animals in a density that exceeds three (3) AU
per one-half (1/2) acre of land.
Sec. 6-11. Animals prohibited.
It shall be unlawful for any person to keep, possess or maintain within the territorial limits of the
City of Pearland:
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(a) any hog, swine or pig, unless kept and maintained on property owned or leased by a
public school district for educational purposes;
(b) an adult pair of any species or subspecies of ratites;
(c) more than one (1) rooster per acre of land;
(d) any guinea hen, guinea fowl or peafowl, regardless of gender.
Sec. 6-12. 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.
Sec. 6-13. 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 shall 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.
Sec. 6-14. Bird sanctuary; shooting, catching birds prohibited.
(a) The city 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 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.
Sec. 6-15. 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
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birds, unless the same are kept according to and in full compliance with Section 6-12 of this
Chapter.
Sec. 6-16. Sale of animals prohibited.
(a) It shall be unlawful to sell, offer for sale, barter, and lease or give away, or display for a
commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or
at an outdoor special sale, swap meet, flea market or similar event within the city's territorial
limits.
(b) This section shall not apply to an agent of a business that has a certificate of occupancy
from the City authorizing the occupancy of the premises for the purposes of operating a business
of selling pets.
Sec. 6-17. Coloring of animals prohibited.
It shall be unlawful to dye, stain or otherwise alter the natural color of any animal or fowl within
the city.
Sec. 6-18. 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:
(1) Contained within a licensed and permitted zoo;
(2) Is licensed by the State of Texas as a licensed raptor or falcon; or
(3) Kept, possessed or maintained by a licensed and permitted wildlife rehabilitator.
(b) Any person, firm or corporation which violates any of the provisions of this section shall
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 6-3 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).
Sec. 6-19. Attractive environment 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.
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Sec. 6-20. Permit for Future Farmers of America and 4-H Projects.
(a) A member of a chapter of the Future Farmers of America (FFA) or the 4-H Club (4-H)
that operates within the city limits may obtain a permit that exempts from the restrictions
contained in Sections 6-9 and 6-10 the keeping or maintaining of livestock or fowl at the
member's residence under the direction of FFA or 4-H.
(b) To obtain a permit, an application must be made to the Department, and shall include:
(1) the applicant's name, phone number, and physical address;
(2) the name, mailing address, and phone number of the applicant's parent or legal
guardian;
(3) the name, mailing address, and phone number of the property owner;
(4) the number of livestock or fowl to be kept on the property;
(5) a site plan of the property showing pens, barns, stables, or other areas where such
livestock or fowl will be maintained;
(6) a waiver signed by the owners of all property located within 150 feet of the pen,
barn, stable, or other area where such livestock or fowl will be maintained;
(7) documentation from the FFA or 4-H chapter director confirming the applicant's
membership; and
(8)
no fee for the application or the permit if issued.
(c) A permit may only be issued:
(1) for a twelve (12) month term, which may be renewed each year by submitting a
new application for a permit;
(2) after an inspection of the area by the Department to confirm that the applicant is
in compliance with the application requirements and all applicable city
ordinances; and
(3)
upon a finding by the Department that the activity sought to be permitted will not
create a health or nuisance hazard to the public.
(d) A permit issued as provided herein may be revoked at any time if the Department
supervisor finds, in his/her sole discretion, that the permit requirements and/or applicable city
ordinances have been violated.
Sec. 6-21. Penalty for violation.
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Any person, firm or corporation who violates or fails to comply with the requirements and/or
provisions of this chapter 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 two thousand dollars ($2,000.00), 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.
Secs. 6-22 — 6-32. Reserved.
Sec. 6-33.
ARTICLE II.
RABIES AND DISEASE CONTROL
Rabies control.
(a) General provisions:
(1) Impoundment —By the animal control officer. 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-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) 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
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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.
(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) In accordance with State Law, Health and Safety Code, Title 10, Rabies, Sec. 826.041.,
any person who knows of an animal bite or scratch to an individual that the person could
reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person
suspects to be rabid, shall report the incident or animal to the local rabies control authority of the
county or municipality in which the person lives, in which the animal is located, or in which the
exposure occurs.
Sec. 6-34. 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
diseases 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.
Secs. 6-35 — 6-42. Reserved.
Sec. 6-43.
ARTICLE III.
VICIOUS ANIMALS
Animal Control Board —Created; constitution.
(a) There is hereby created an Animal Control Board of the city 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
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in the public interest. Such board shall be constituted by the following five (5) persons who shall
be appointed by the city council for three-year terms:
(1) A licensed veterinarian of the State of Texas; and
(2) Any four (4) residents of the city.
(b) The board may enact its own bylaws, 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 bylaws are not in conflict with state law, the city Charter or city ordinances.
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 the city 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 as
follows:
(1)
Name, address and telephone number of the 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 previously had a micro -chip inserted pursuant to Section 6-
6;
(2) The animal bite was unprovoked;
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(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 animal.
Sec. 6-45. Same —Hearings, procedures.
(a) 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.
(b) 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.
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 was relocated. The animal control officer shall notify the proper authorities
at the final destination.
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).
Secs. 6-48 — 6-53. Reserved.
Sec. 6-54.
ARTICLE IV.
DOGS AND CATS
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:
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(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
possession thereof within the preceding sixty (60) days; or
(8) 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 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.
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 subparagraphs (a) (1) through (a)
(9), above, is applicable.
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(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) above.
Sec. 6-55. 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 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 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.
Sec. 6-56. 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 Agriculture's Veterinary Biologics Division in
accordance with the recommendations of the manufacturer, and that such vaccination will not
expire prior to the issuance of the license.
Sec. 6-57. Licensing authority.
Licenses required herein shall be issued by the department or its designees.
Sec. 6-58. Duration; transfer of license.
(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;
(2) The death of the animal;
(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.
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(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;
(2) The death of the animal;
(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 therefore. 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 on or before
expiration if the animal remains subject to licensing by the city hereunder.
Sec. 6-59. Records of licensure.
At the time of issuance of each dog or cat license hereunder, the department or its designee 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
tag furnished, 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, and other appropriate information.
Sec. 6-60. License 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.
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ORDINANCE NO. 528-8
(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 6-59 hereof at the time of the alleged offense.
Sec. 6-61. Same —Replacement tags.
In the event of loss or destruction of a license tag, replacement tags shall be available from the
department 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.
Sec. 6-62. Same —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.
Sec. 6-63. License fees.
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.
Sec. 6-64. Veterinarian as designee.
The department may designate, when practicable, licensed veterinarians to collect the annual
licensing registration fee. A licensed veterinarian who has been so designated shall, when
practicable, register dogs and cats and collect the annual licensing registration fee under the
following terms and conditions:
(1) A licensed veterinarian who vaccinates a dog or cat for rabies, registers the animal and
collects the annual licensing registration fee shall issue a rabies vaccination tag and a license as
appropriate, and send to the department all information regarding said license as required in
accordance with this chapter.
(2) A licensed veterinarian who has been designated to collect the annual licensing
registration fee shall have all necessary forms and tags for registration provided to him by the
department. The department shall determine the criteria and procedures that must be followed by
veterinarians designated to collect said licensing registration fees, establish a collection
procedure for the fees, and a format for the tags.
Secs. 6-65 — 6-70. Reserved.
ARTICLE V.
15
ORDINANCE NO. 528-8
KENNELS
Sec. 6-71. 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 the costs of
inspection of same by the department which fee shall 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 therefore is in violation of any law
of the State of Texas or ordinance adopted by the City of Pearland.
Sec. 6-72. 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.
Sec. 6-73. License to be displayed.
The kennel license issued under this article shall be displayed in a manner visible to the public at
the premises.
Sec. 6-74. Records of licenses.
The department shall keep a permanent record of all kennel licenses issued pursuant to this
article, 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.
Sec. 6-75. Suspension 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;
(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 for the transmission of disease to the animals kept there
or to human beings.
Such a suspension is effective upon service of notice as set out below. Whenever 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
16
ORDINANCE NO. 528-8
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; hearing. 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.
(1) Contents of notice. Such notice shall set forth:
a. The specific conditions existing at the kennel which are grounds for
suspension of the license pursuant to subsection (a) above;
b. That a hearing will be held before the city manager or his designate;
c. The date, time and place of such hearing; and
d. That the licensee may appear in person and/or be represented by counsel
and may present testimony and cross-examine all witnesses.
(2) Conduct of hearing:
(3)
a. Such hearing shall be held not later than seven (7) days after the date the
license is suspended.
b. 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.
Failure to appear. 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.
17
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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 revocation of the license as set out below.
A copy of the findings and order of the hearing officer shall 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 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
(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.
(f) 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:
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ORDINANCE NO. 528-8
(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.
(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.
(i) Service of notices. Any notice provided for in this section may be served by personal
delivery or by certified mail, return receipt requested.
(j) 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 (1) 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
19
ORDINANCE NO. 528-8
precautions have been taken so that the conditions under which the license was revoked shall not
recur. 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 recur, 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.
Sec. 6-76. Minimum distance requirements from buildings meant for human
occupancy.
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 shall 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 section.
Sec. 6-77. Fencing.
Any kennel which is not completely enclosed within a building and is accessible to the public
shall be fenced with a solid fence or a double fence separated by a minimum distance of two (2)
feet. This section does not apply to any duly licensed kennel in existence prior to the effective
date of this section.
Secs. 6-78 — 6-81. Reserved.
ARTICLE VI.
IMPOUNDMENT
Sec. 6-82. 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 officer of the city secretary. No
impoundment fee shall be charged for the first seventy two (72) hours for dogs, cats or
other small animals delivered to the animal control center by the owner, or for dogs, cats
20
ORDINANCE NO. 528-8
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 article and not redeemed within three (3) days, and to
sell the same 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 fifteen (15) 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 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 within ten (10) days of the release of the animal.
Sec. 6-83. Disposal of animals not redeemed.
Animals taken up and impounded under the terms of this article which are not redeemed or
purchased as provided in this article shall be disposed of by the city as follows:
21
ORDINANCE NO. 528-8
(1) Any animal vaccinated, sterilized and deemed suitable for adoption, may be offered for
adoption through a city facility. The director shall impose an adoption fee per animal as deemed
appropriate by the Animal Control Supervisor to cover the costs of taking care of the animal
prior to adoption.
(2) Any animal suitable for adoption as a pet that is not placed for adoption through city
facilities may be placed for adoption through a private nonprofit humane shelter and/or approved
rescue group. The Animal Control Supervisor shall establish uniform criteria for the placement
of adoptable animals through humane shelters and shall make surplus adoptable animals
available to those organizations that meet the criteria. The criteria shall include requirements that
animals be vaccinated and sterilized in accordance with state law and that the animals are
licensed in the jurisdiction where they will be kept.
(3) Animals not placed for adoption shall be destroyed by use of the humane euthanasia
procedures outlined by the State of Texas.
(4) Under no circumstances may an animal be sold or donated to any entity for testing,
teaching, or research purposes.
Sec. 6-84. 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 resident
of Pearland who brings an injured 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.
Sec. 6-85. Wild animals —Initial impoundment.
(a) The animal control officer shall seize all animals found to be in violation of section 6-21
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;
(2) An agreement that he will indemnify and hold harmless the City of Pearland from
any and all liability resulting in any way from the keeping of such animal; and,
22
ORDINANCE NO. 528-8
(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 affected 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.
Sec. 6-86. Same —Procedure on subsequent impoundment.
In the event that a wild animal is seized and recovered by the owner as set forth in section 6-85
hereof, and such animal is thereafter found at large or in violation of this article, 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.
Secs. 6-87 — 6-89. Reserved.
ARTICLE VII.
ANIMAL SHELTER ADVISORY COMMITTEE
Sec. 6-90. Creation of committee and purpose.
There is hereby created an animal shelter advisory committee to assist the City of Pearland
Animal Control Center in complying with applicable state law.
Sec. 6-91. Composition of committee.
The animal shelter advisory committee shall be composed of at least one (1) licensed
veterinarian, one (1) municipal official, one (1) person whose duties include the daily operation
of an animal shelter, one (1) resident of Pearland and one (1) representative from an animal
welfare organization. Members of the committee shall be appointed by and serve at the pleasure
of the city council.
Sec. 6-92. Rules of procedure.
The animal shelter advisory committee shall adopt its own rules of procedure.
Secs. 6-93 — 6-100. Reserved."
Section 2. Savings. All rights and remedies which have accrued in favor of the City
under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. Should any section or part of this ordinance be held
unconstitutional, illegal, or invalid, or the application to any person or circumstance for any
23
ORDINANCE NO. 528-8
reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair or invalidate the
remaining portion or portions thereof; but as to such remaining portion or portions, the
same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 5. 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 6. 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 Reading this the 28th day of October, A. D.,
2013.
ATTEST:
TOM REID
MAYOR
24
ORDINANCE NO. 528-8
PASSED and APPROVED on Second and Final Reading this the 11th day of
November, A. D., 2013.
ATTEST:
UNGMC a`
Y S RETA Y•
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Act' ...�E��c.gyo,,,
A/OTING RECORD SECOND AND FINAL READING
ovember 11, 2013
�" C/oting "Aye" — Councilmembers Carbone, Sherman, Hill, Ordeneaux,
,.land Sherrouse.
Voting "No" - None.
Motion passes 5 to 0. PUBLICATION DATE: November 14, 2013
EFFECTIVE DATE: November 23, 2013
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS
25
Ordinance No. 528-8
ORDINANCE NO. 528 - 8
AN ORDINANCE 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 AMENDED FROM TIME TO
TIME,; HAVING A SAVINGS CLAUSE; SEVERABILITY
CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE AND FOR PUBLICATION.
Sec. 6-21. Penalty for violation.
Any person, firm or corporation who violates or fails to
comply with the requirements and/or provisions of this
chapter 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 two thousand dollars ($2,000.00), 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
PASSED and APPROVED on Second and Final
Reading this the 11'I' day of November, A. D., 2013.
/S/
TOM REID
MAYOR
ATTEST.
IS/ vOTING RECORD SECCNQ AND FINAL READING
YOUNG LORFING, TRMC November n 20u
CITY SECRETARY Wang 'Ayer - Cauralm.maan Carbone. Shaman. HOI.O Nnewa.
aria Shan...
Voting 11.1.' - Nana.
APPROVED AS TO FORM Moorram 4na►IJB1. ATIONDATE: NowrlE.r1A,2013
EFFECTIVE DATE NUMrna.r 23. 2013
/S/
DARRIN M. COKER PUBL6/ED AS REWIRE° SY SECTION 3. 10
CITY ATTORNEY OF THE Q ARTER OF THE OTT OF PEARLAND. TEXAS
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of November 14, 2013.
Pub is er's Representative
Sworn to and subscribed before me this / 3` day of ).6'ee/, k4,. ,.2013.
Notary Public
My commission expires on
i rimr" awn