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Ord. 0173 1970-08-24ORDINANCE NO. 1 7 3 AN ORDINANCE PROVIDING FOR LICENSING OF DOGS AND DECLARING UNLAWFUL THE POSSESSION OF ANY DOG CONTRARY HERETO; DEFINING TERMS; PROHIBITING DOGS FROM RUNNING AT LARGE; PROHIBITING THE KEEPING OF DOGS WHICH CAUSE ANNOYANCE; PROVIDING FOR THE VACCINATION OF DOGS AND RABIES CONTROL; SETTING THE FEES FOR IMPOUNDING DOGS AND THE DISPOSITION OF IMPOUNDED DOGS; PRO- VIDING FOR DOG POUNDS AND THEIR MANAGEMENT; AND PROVIDING FOR PENALTY FOR THE VIOLATION OF ANY PART HEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING SEVER - ABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION I Definitions: (a) "Dogs" shall, for the purpose of this Ordinance, mean and include both male, female or neuter canine of a species. (b) "Owner" shall, for the purpose of this Ordinance, mean the person, firm, corporation or other legal entity, owning, keeping, harboring or having control or custody of a dog. (c) "At Large" shall, for the purpose of this Ordinance, mean any dog when it is off the property of its owner and not under the immediate control of its owner or other competent person. (d) "Animal" shall, for the purpose of this Ordinance, mean any living creature, domestic or wild. SECTION II UNLAWFUL POSSESSION: It shall be unlawful for any person, firm, corpor- ation or other legal entities to own, keep, possess or harbor any dog in the City, except as provided in this Ordinance, and any failure, neglect or refusal to comply with the provisions of this Ordinance or any act or ommission con- trary to the terms hereof shall be deemed a violation hereof. SECTION III LICENSE REQUIRED: Every person owning, possessing, keeping or harboring a dog of the age of six (6) months or more shall apply to the City Secretary or other authorized person for a license which shall describe the dog and state the name and address of the applicant and owner by October 1, of each year. Such license shall expire on the thirtieth (30th) day of September following the issuance thereof. No person shall be deemed in violation hereof before January 1, of each year, provided said dog was duly licensed for the prior year. No license shall be issued for any dog unless a certificate of vaccination for -1- . • rabies, signed by a licensed veterinarian certifying that the dog to be licensed has been immunized, shall be presented to the Secretary. Such certi- ficate shall be dated during the calendar year in which the license is applied for. The Secretary shall note upon the license the fact of vaccination and the date thereof. The applicant shall pay to the Secretary the sum of Two Dollars ($2.00) as a license fee for each dog. SECTION IV LICENSE TAG: Upon the issuance of a license the City Secretary or other authorized person shall give to the licensee a tag which shall bear the number of the license. Such license tag shall , at all times , be attached to the collar, or harness, to be worn by the dog licensed. It shall be unlawful for anyone, other than the owner to remove such license tag from the dog for which issued or for anyone to attach such license tag to a dog for which such tag was not issued. SECTION V RUNNING AT LARGE PROHIBITED: No person, firm, corporation or other legal entity, owning, possessing or harboring any dog shall permit such dog to run at large at any time. The Humane Officer or any authorized representative may pick up, impound, destroy or otherwise dispose of any dog so found running at large within the corporate limits in accordance with the terms hereof. SECTION VI DOGS WHICH CAUSE ANNOYANCE: No person, firm, corporation or other legal entity shall harbor, possess or keep any dog, which by loud and habitual barking, yelping or howling shall cause serious annoyance to the neighborhood. SECTION VII RABIES CONTROL: (a) Any animal which bites or scratches a person shall be immediately reported to the City Health Officer, or his duly appointed representative and shall thereupon be securely quarantined at the direction of the City Health Officer, for a period of 10 days, and shall not be released from such quarantine except by written permission of the City Health Officer or under his direction. At the discretion of the City Health Officer, such quarantine may be on the premises of the owner, at the shelter designated as the City Pound, or at the owner's option and expense, in a veterinary hospital of his choice. In the case of stray animals, or in the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated as the City Pound. -2- • (b) The owner upon demand by the City Health Officer, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine, the expense of which shall be borne by the owner. Said animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees set forth in Section XIV of this Ordinance, and upon compliance of licensing provisions set forth in Section II of this Ordinance. (c) When rabies has been diagnosed in an animal under quarantine or rabies suspected by a licensed veterinarian, and the animal dies while under such observation, the City Health Officer or his representative, shall immedi- ately send the head of such animal to the State Health Department for patho- logical examination and shall notify the proper public health officer of reports of humane contacts and the diagnosis. (d) When the report indicates a positive diagnosis of rabies, the City Health Officer may order an area wide quarantine for a period of 60 days , and upon the invoking of such quarantine, no pet animal shall be taken into the streets, or permitted to be in the streets , during such period of quaran- tine. During such quarantine, no animal may be taken or shipped from the City without permission of the City Health Officer. During this quarantine period and as long afterward as he decides it is necessary to prevent the spread of rabies , the City Health Officer may require that all dogs, 3 months of age and older, shall be vaccinated against rabies. All vaccinated dogs shall be restricted (leashing or confinement on enclosed premises) for 30 days after vaccination. During the quarantine period , the City Health Officer is hereby empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located through the area of the health jurisdiction. No dog which has been impounded by reason of its being a stray, unclaimed by its owner, is allowed to be adopted from any animal shelter during the period of rabies emergency quarantine, except by special authorization of the City Health Officer. -3- • • (e) Dogs bitten by a known rabid animal shall be immediately destroyed, or if the owner is unwilling to destroy the exposed animal , strict isolation of the animal in a kennel , designated by the City Health Officer, for 6 months shall be enforced. If the dog has been previously vaccinated , within time limits established by the Public Health Service based on the kind of vaccination used, revaccination and restraint (leashing and confinement) for 30 days shall be carried out. (f) In the event there are additional cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional period of time. (g) No person shall kill , or cause to be killed , any rabid animal , any animal suspected of having been exposed to rabies, or any animal biting a human, except as herein provided, nor remove such animal from the city limits without written permission from the City Health Officer. (h) The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the City Health Officer. (i ) The City Health Officer shall direct the disposition of any animal found to be infected with rabies. (j) No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the City Health Officer. SECTION VIII REPORT OF BITE CASES: It shall be the duty of every physician, or other medical practitioner, to report to the City Health Officer the names and addresses of persons treated for bites, inflicted by animals , together with such other information as will be helpful in rabies control . SECTION IX RESPONSIBILITIES OF VETERINARIANS: It shall be the duty of every licensed veterinarian to report to the City Health Officer any animal considered by him to be a rabies suspect. SECTION X EXEMPTIONS: (a) Hospitals , clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Ordinance, except where expressly stated. -4- • • (b) The licensing and vaccination requirements of this Ordinance shall not apply to any dog belonging to a non-resident of the city and kept within the city for not longer than 30 days, provided such dog shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner. SECTION XI POUND: The City Humane Officer or his authorized representative shall provide and operate a pound in which shall be impounded all unlicensed dogs and dogs that may be found running at large contrary to the provisions of this Ordinance. SECTION XII REGISTRY OF IMPOUNDED DOGS: The City Humane Officer or his designated representative shall , upon receiving any dog, make a complete registry, entering the breed, color and sex of such dogs , and the time of taking into custody, and if licensed he shall enter the name and address of the owner and the number of the license and tag. SECTION XIII DISPOSAL OF IMPOUNDED DOGS: Any dog not redeemed within five (5) calendar days after the impounding shall be disposed of by sale or destruction. SECTION XIV REDEMPTION OF IMPOUNNDED DOGS: The owner of any dog impounded may redeem such dog at any time prior to sale or destruction by the payment of One Dollar ($1 .00) impounding fee and One Dollar ($1 .00) per day for each day or part of a day such dog shall have been impounded. Any owner of unlicensed dogs impounded, in addition to the above fees, shall have said dog vaccinated, or show proof of vaccination, and licensed immediately upon redemption. SECTION XV SALE OF UNREDEEMED DOGS: At any time after the expiration of the redemption period, the City Humane Officer or his authorized representative may, without further notice, sell at private sale or public auction, for cash , any dog not redeemed or reclaimed. SECTION XVI OTHER PROVISIONS FOR POUND: The City Administrator is authorized to contract with a veterinarian or other suitable person for furnishing of impounding facilities and the disposal of dogs pursuant to the provisions hereof to the end that the City Humane Officer may be relieved from operating a pound and this Ordinance may be economically enforced. -5- SECTION XVII DUTY OF SECRETARY: The City Secretary shall provide application and license forms containing such information as deemed necessary to carry out the provisions hereof. SECTION XVIII VIOLATIONS: Any person violating any of the provisions of this Ordi- nance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than $100.00. Each and every violation of the provisions of this Ordinance shall constitute a separate violation. SECTION XIX SEVERABILITY: In the event any section, sub-section, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconsti- tutional , such adjudication shall in no means affect any other sections , sub- sections, sentences, clauses or phrases of this Ordinance, but all the remain- ing portion thereof shall be in full force and effect just as though the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally part thereof. SECTION XX REPEAL: All Ordinances or parts of Ordinances inconsistent or in conflict with the provisions of this Ordinance shall be and the same are hereby repealed. SECTION XXI This Ordinance should become effective (W f 4.,/ 1, , 1970. & final PASSED on first reading this 24 day of August , , 1970. D. R. KELLER, 'O R ATTEST: \--- ,^ ,gyp City Secretary.!` -6-