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HomeMy WebLinkAboutO-2010-3244 regulation of animals, providing for certain fees for spaying/neutering of dogs and cats23 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 4-26-10 Requested By: Kenith Adcnx Department: Police Report: Resolution: Ordinance: XX Exhibits: ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES Exhibits: Exhibits BudSet Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: N/A SUMMARY & RECOMMENDATION The La Porte Police Department's Animal Control Division is requesting that City Council consider several amendments to Chapter 14 of the Code of Ordinances regulating animals and the operations of the Animal Shelter within the City of La Porte. The changes are recommended by the Animal Control Advisory Board and are designed to enhance the Shelter's adoption efforts. They include increasing the number of dogs and/or cats allowed per household from 2 to 3, the elimination of the current requirement that unclaimed animals be destroyed after 72 hours, and allowing for the implementation of a Veterinary Services Voucher system, which will allow for the immediate adoption of Shelter Animals on and off-site (i.e. PETSMART, Animal Fairs at the park, etc.). Action Required by Council: Consider for approval of the requested amendment to Chapter 14, Code of OydTfVnces, regarding the regulation of animals. Ron BottoW, City Manager 4 a,/', Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, REGARDING REGULATION OF ANIMALS; PROVIDING FOR CERTAIN FEES FOR SPAYING AND NEUTERING OF DOGS AND CATS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 14, "Animals," Article I "In General", Section 14-1 "Definitions" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-1. Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control officer means any person designated by the chief of police to represent and act for the city in the impoundment of animals, controlling of animals running at large and as otherwise provided and required in this article. Excreta means waste material eliminated or separated off from an organism, including excretions or feces of an animal. Inhumane treatment means any treatment to any animal which deprives the animal of sustenance, including food, water or protection from weather; any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing; or other abnormal treatment as may be determined by the director of public health, director of the animal control division, or a law enforcement officer. Kennel means any lot, enclosure, premises, structure or building where on thfee ^r more four or more dogs and/or cats over the age of four months are kept or maintained for any purpose whatever, except a veterinary hospital operated by a graduate veterinarian duly licenses by the state board of veterinary examiners, or the impound facility operated by the city. Owner means any person owning, possessing, harboring, keeping or sheltering any animal. Rabies control authority means the immediate supervisor of the animal control officers. Running at large off the premises means any dog which is not restrained by means of a leash or chain of sufficient strength and not more than six feet in length to control the actions of such animal while off the premises, or any cat which is off the owner's property. Running at large on the premises means any dog not confined by the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed at large. Any animal within an automobile or other vehicle of its owner or owner's agent shall not be deemed at large. A female dog in heat that is not enclosed shall be considered at large, whether on or off the premises. Unprovoked (with respect to an attack by an animal) means that the animal was not, immediately prior to an attack, incited into retaliation by virtue of being hit, kicked or struck by a person or animal with an object or a person or animal's body, nor was any part of the animal's body pulled, pinched or squeezed by a person or other animal. Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered as prescribed by rules of the state board of health". Veterinarian hospital means, for purposes of this chapter, a place where pet animals or livestock are treated for disease or injury, or pet animals are boarded under the supervision of a licensed veterinarian. Vicious or dangerous animal means: (1) Any animal which has behaved in such a manner that the owner knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals; (2) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; (3) Any animal that commits an unprovoked attack on a person or animal on public or private property; (4) Any animal that attacks or threatens to attack a person or animal; or (5) Any dangerous dog as defined in V.T.C.A., Health and Safety Code § 822.041." Section 2. Chapter 14, "Animals," Article III "Dogs and Cats", Division 1 "In General", Section 14-81 "Licensing and vaccination" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-81. Licensing and vaccination. (a) Registration permit application; issuance of tag. The owner of a dog or cat is hereby required to make application to the director of the animal control division of the city for a registration permit. Such applications are to contain information of the animal's description, date of immunization, and name, address and telephone number of the owner. Upon completion of the application and payment of the permit fee listed in appendix A of this Code, a metal tag will be issued to the owner, which is required to be attached to the collar of the dog or cat. (b) Vaccination against rabies; certificate and tag issued to owner. The owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and once 12 ealen of months thereafter as prescribed by rules of the state board of health. A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the state board of health. The city may not register or license an animal that has not been vaccinated in accordance with this section. At the time of the vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinarian, the tag number and the year of issuance. The owner shall attach the rabies tag to the collar of the dog or cat reflecting the vaccination of the animal. Such owner shall retain the certificate of vaccination until the vaccination is renewed. (c) Lost or stolen tags. Lost or stolen permit tags may be replaced by payment of a fee established by resolution of the city council and presentation of the registration application. If a tag and registration application are both lost or stolen, a new license must be purchased at the regular fees. (d) Compliance with section required. It is unlawful for any person or owner to fail to comply with this section, including the provisions for requiring tags to be displayed upon the collar of the dog or cat, with such collar being attached to the body of the animal." Section 3. Chapter 14, "Animals," Article III "Dogs and Cats", Division 1 "Generally", Section 14-84 "Adoption from shelter; payment of registration fees; certificate of vaccination required" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-84. Adoption from shelter; payment of registration fees; certificate of vaccination required. (a) A person may adopt a dog or a cat from the animal shelter by paying the applicable fees for , rabies vaccination and spaying or neutering of the animal. feeat ball and pfepaying the roes fof . .atio and veter-inafian. After- r-eeeipt of payment is presented to an anifnal eontr-el effieer, the animal will be delivefed to the vetefinafian by an animal eentr-el offleer- fef the procedures stat The anifnal may be released after the preeedufes are eempleted to the adopter by an. animal eontfol offieer- of the veter-inafian. A list of participating vetefinafians shall be ktpt on rile at the animal, n4r-oi unit ma the finance depa.+, est „+ eity hall. All fees shall be in amounts established will beclisted— in appendix A of this code. Proof of vaccination and spaying or neutering must be received by the Animal Control Division within the specified timeline listed in the adoption agreement between the city and the registered owner, at which time a city registration tag will be issued. (b) The registration permit fee listed in appendix A of this Code for all animals covered under this article shall be payable to the city and shall be due January 1 of each year. (c) A certificate of vaccination, must be presented to the animal control division of the city before a registration permit will be issued." Section 4. Chapter 14, "Animals," Article III "Dogs and Cats", Division 2 "Dogs", Section 14-106 "Impoundment, redemption and disposition" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-106. Impoundment, redemption and disposition. Any dog running at large in the city, or any dog not provided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that such dog has been vaccinated, shall be impounded by an animal control officer, chief of police or their authorized representatives, in a place provided for that purpose. If such dog is not called for by the owner within 72 hours after impoundment, the dog sha11 may be destroyed humanely. The owner of any dog impounded shall be permitted to repossess such dog upon the payment to the city of a pound fee in an amount as established by the city and listed in appendix A of this Code, if the dog is currently vaccinated and licensed as required by this chapter. If the dog is unvaccinated, the pound fee shall be in an amount established by the city and listed in appendix A of this Code, and the dog shall be vaccinated and licensed as required by this chapter, at the owner's expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the impounded dog is a female in heat, the pound fees in the amount established by the city and listed in appendix A of this Code shall be doubled." Section 5. Appendix — A "Fees", Article III "Dogs and Cats", Division 1 "In General" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following fees for spaying and neutering, hereafter read as follows, to wit: "(a) Spaying/Neutering Fees ....... 14-84 (1) Per dog.......... $75.00 (2) Per cat.......... $75.00" Section 6. Reference is here made to Title 10, "Health and Safety of Animals", Chapter 821 through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between the terms and provisions of Chapter 14 of the Code of Ordinances of the City of La Porte, and Title 10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety Code shall prevail, to the extent of such conflict. Section 7. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 9. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed five hundred ($500.00). Each day of violation shall be considered a separate offense. Section 10. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 11. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the day of , 2010. CITY OF LA PORTE By: Barry Beasley, Mayor ATTEST: Martha Gillett City Secretary APPROVED: Clark Askins Assistant City Attorney ORDINANCE NO. 3a vl AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, REGARDING REGULATION OF ANIMALS; PROVIDING FOR CERTAIN FEES FOR SPAYING AND NEUTERING OF DOGS AND CATS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 14, "Animals," Article I "In General", Section 14-1 "Definitions" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-1. Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control officer means any person designated by the chief of police to represent and act for the city in the impoundment of animals, controlling of animals running at large and as otherwise provided and required in this article. Excreta means waste material eliminated or separated off from an organism, including excretions or feces of an animal. Inhumane treatment means any treatment to any animal which deprives the animal of sustenance, including food, water or protection from weather; any treatment of any animal such as overloading, overworking, tonnenting, beating, mutilating or teasing; or other abnormal treatment as may be determined by the director of public health, director of the animal control division, or a law enforcement officer. Kennel means any lot, enclosure, premises, structure or building where four or more dogs and/or cats over the age of four months are kept or maintained for any purpose whatever, except a veterinary hospital operated by a graduate veterinarian duly licenses by the state board of veterinary examiners, or the impound facility operated by the city. Ow-ner means any person owning, possessing, harboring, keeping or sheltering any animal. Rabies control authority means the immediate supervisor of the animal control officers. Running at large off the premises means any dog which is not restrained by means of a leash or chain of sufficient strength and not more than six feet in length to control the actions of such animal while off the premises, or any cat which is off the owner's property. Running at large on the premises means any dog not confined by the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed at large. Any animal within an automobile or other vehicle of its owner or owner's agent shall not be deemed at large. A female dog in heat that is not enclosed shall be considered at large, whether on or off the premises. Unprovoked (with respect to an attack by an animal) means that the animal was not, immediately prior to an attack, incited into retaliation by virtue of being hit, kicked or struck by a person or animal with an object or a person or animal's body, nor was any part of the animal's body pulled, pinched or squeezed by a person or other animal. Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered as prescribed by rules of the state board of health". Veterinarian hospital means, for purposes of this chapter, a place where pet animals or livestock are treated for disease or injury, or pet animals are boarded under the supervision of a licensed veterinarian. Vicious or dangerous animal means: (1) Any animal which has behaved in such a manner that the owner knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals; (2) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; (3) Any animal that commits an unprovoked attack on a person or animal on public or private property; (4) Any animal that attacks or threatens to attack a person or animal; or (5) Any dangerous dog as defined in V.T.C.A., Health and Safety Code § 822.041." Section 2. Chapter 14, "Animals," Article III "Dogs and Cats", Division I "In General", Section 14-81 "Licensing and vaccination" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-81. Licensing and vaccination. (a) Registration permit application; issuance of tag. The owner of a dog or cat is hereby required to make application to the director of the animal control division of the city for a registration permit. Such applications are to contain information of the animal's description, date of immunization, and name, address and telephone number of the owner. Upon completion of the application and payment of the permit fee listed in appendix A of this Code, a metal tag will be issued to the owner, which is required to be attached to the collar of the dog or cat. (b) Vaccination against rabies; certificate and tag issued to owner. The owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four months of age and thereafter as prescribed by rules of the state board of health. A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the state board of health. The city may not register or license an animal that has not been vaccinated in accordance with this section. At the time of the vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinarian, the tag number and the year of issuance. The owner shall attach the rabies tag to the collar of the dog or cat reflecting the vaccination of the animal. Such owner shall retain the certificate of vaccination until the vaccination is renewed. (c) Lost or stolen tags. Lost or stolen permit tags may be replaced by payment of a fee established by resolution of the city council and presentation of the registration application. If a tag and registration application are both lost or stolen, a new license must be purchased at the regular fees. (d) Compliance with section required. It is unlawful for any person or owner to fail to comply with this section, including the provisions for requiring tags to be displayed upon the collar of the dog or cat, with such collar being attached to the body of the animal." Section 3. Chapter 14, "Animals," Article III "Dogs and Cats", Division 1 "Generally", Section 14-84 "Adoption from shelter; payment of registration fees; certificate of vaccination required" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-84. Adoption from shelter; payment of registration fees; certificate of vaccination required. (a) A person may adopt a dog or a cat from the animal shelter by paying the applicable fees for rabies vaccination and spaying or neutering of the animal. All fees shall be in amounts established in appendix A of this code. Proof of vaccination and spaying or neutering must be received by the Animal Control Division within the specified timeline listed in the adoption agreement between the city and the registered owner, at which time a city registration tag will be issued. (b) The registration permit fee listed in appendix A of this Code for all animals covered under this article shall be payable to the city and shall be due January I of each year. (c) A certificate of vaccination, must be presented to the animal control division of the city before a registration permit will be issued." Section 4. Chapter 14, "Animals," Article III "Dogs and Cats", Division 2 "Dogs", Section 14-106 "Impoundment, redemption and disposition" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit: "Sec. 14-106. Impoundment, redemption and disposition. Any dog running at large in the city, or any dog not provided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that such dog has been vaccinated, shall be impounded by an animal control officer, chief of police or their authorized representatives, in a place provided for that purpose. If such dog is not called for by the owner within 72 hours after impoundment, the dog may be destroyed humanely. The owner of any dog impounded shall be permitted to repossess such dog upon the payment to the city of a pound fee in an amount as established by the city and listed in appendix A of this Code, if the dog is currently vaccinated and licensed as required by this chapter. If the dog is unvaccinated, the pound fee shall be in an amount established by the city and listed in appendix A of this Code, and the dog shall be vaccinated and licensed as required by this chapter, at the owner's expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the impounded dog is a female in heat, the pound fees in the amount established by the city and listed in appendix A of this Code shall be doubled." Section 5. Appendix — A "Fees", Article III "Dogs and Cats", Division 1 "In General" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following fees for spaying and neutering, hereafter read as follows, to wit: "(a) Spaying/Neutering Fees ....... 14-84 (1) Per dog.......... $75.00 (2) Per cat.......... $75.00" Section 6. Reference is here made to Title 10, "Health and Safety of Animals", Chapter 821 through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between the terms and provisions of Chapter 14 of the Code of Ordinances of the City of LaPorte, and Title 10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety Code shall prevail, to the extent of such conflict. Section 7. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 9. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed five hundred ($500.00). Each day of violation shall be considered a separate offense. Section 10. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 11. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this thee" day of , 2010. CITY OF LA PORTE B Barry Bea ey, May r ATTEST: LA 4 It Martha Gillett City Secretary APPROV D: Clark Askins Assistant City Attorney