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Home My WebLink About1990-07-09 Regular Meetingi • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JULY 9, 1990 1. The meeting was called to order at 6:00 P.M. by Mayor Malone. Members of Citv Council Present: Mayor Norman Malone; Councilpersons Guy Sutherland, Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay and Jerry Clarke Members of City Council Absent: Councilperson B. Don Skelton Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Police Chief Charles Smith, Director of Public Works Steve Gillett, Fire Chief Joe Sease, Director of Community Development Joel Albrecht, Finance Director Jeff Litchfield, Purchasing Manager/Human Resources Manager Louis Rigby, Chief Building Inspector Ervin Griffith, Golf Course Superintendent Dennis Hvalaty, Golf Course Greens Supervisor Richard Flores Others Present: Mr. Frank Castro; representative from Houston Chronicle "This Week" section; five citizens 2. The invocation was given by City Attorney Askins. 3. Council considered approving the minutes of the regular meeting of Council held June 25, 1990. Motion was made by Councilperson Porter to approve the June 25 minutes as presented. Second by Councilperson Gay. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland 4. The Mayor called Mr. Frank Castro to the Council table. "Mr. Frank" is retiring from the City after 20 years employment. A proclamation declaring July 9 as "Mr. Frank Castro Day" was read by the Mayor, and a watch to commemorate Mr. Frank's retirement was presented to him in the name of the City by Orville Burgess. Mr. Frank expressed his appreciation and his thoughts on working for the city. 5. There were no citizens wishing to address Council. 6. Council considered an ordinance regulating burglary and robbery alarm systems in the City of La Porte. This item had been tabled by Councilperson Sutherland on 5/21/90. ~ ~ Minutes, Regular Meeting, La Porte City Council July 9, 1990, Page 2 Motion was made by Councilperson Sutherland to bring this item back to the table. Second by Councilperson Porter. All in favor. The ordinance was reviewed by Police Chief Charles Smith. Questions and comments from Council followed. Motion was made by Councilperson Porter, for discussion purposes, to adopt Ordinance 1704. Second by Councilperson Clarke. After more discussion and suggestions, motion was made by Councilperson Gay to table this item and bring it to workshop session on July 16. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 7. Council considered an ordinance vacating, abandoning and closing a drainage easement, 16 feet wide, across a portion of Texas Avenue. The City Attorney read: ORDINANCE 1711 - AN ORDINANCE VACATING, ABANDONING, AND CLOSING A DRAINAGE EASEMENT, 16 FEET WIDE, ACROSS A PORTION OF TEXAS AVENUE IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to adopt Ordinance 1711 as read by the City Attornev. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 8. Council considered an ordinance ratifying and confirming alignment of Old La Porte Road. The City Attorney read: ORDINANCE 1712 - AN ORDINANCE RATIFYING AND CONFIRMING THE ALIGNMENT OF OLD LA PORTE ROAD, IN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to adopt Ordinance 1712 as read by the City Attornev. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. • • Minutes, Regular Meeting, La Porte City Council July 9, 1990, Page 3 Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 9. Council considered entering into a cooperation agreement with Harris County for community renewal and lower income housing assistance activities. Motion was made by Councilperson Clarke to enter into the cooperation acreement with Harris County for community renewal and lower income housing assistance activities. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 10. Council considered a consent agenda, as follows: (A) Consider awarding a bid for automotive supplies; (B) Consider awarding a bid for street material; (C) Consider awarding a bid for defibrillator monitor; (D) Consider awarding a bid for a trencher for the golf course; (E) Consider awarding annual mowing contract. Councilperson Sutherland requested that items D and E be removed for discussion. Motion was made by Councilperson Clarke to approve items A, B and C on the consent agenda. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None After discussion, motion was made by Councilperson Matuszak to award the bid for .the trencher (item D) to Hall EctuiAment and SugAly in the amount of 518,619.00. Second by Councilperson McLaughlin. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: Councilperson Sutherland • Minutes, Regular Meeting, La Porte City Council July 9, 1990, Page 4 After discussion, motion was made b~ Councilperson Sutherland to award the annual mowing contract (item E) to Goldston Mowing. Second by Councilperson McLaughlin. After explanation by staff of why the option for another year's contract with Goldston Mowing was not picked up, Councilperson Sutherland withdrew his motion and Councilperson McLaughlin withdrew his second. lUVW 111th L:Vll 1.1 Qt..:V l 1a.cut L' ~ vV L ul L 1"lVO i11M I {..11G ivv w.a. ~.a~.ava Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 11. Administrative Reports: Bob Herrera reported that there will be a workshop meeting on July 16, and the following items will be addressed: update and review of the zoning ordinance; discussion on front foot fees; upcoming facility for new senior citizens' and "wellness" center. He also reminded Council of the Sounds Like Fun concert at Sylvan Beach on July 11. Police Chief Charles Smith presented a report regarding ordinances and legislation dealing with vicious animals. After the presentation, the City Manager recommended that an assignment be given to Chief Smith and the City Attorney to examine the Richardson and San Antonio ordinances to see if we could enhance our existing animal ordinance and bring it back to Council in a workshop session. 12. Council Action: Councilpersons Sutherland, Matuszak, McLaughlin, Gay and Mayor Malone brought items to Council's attention. 13. There was no executive session. 14. There being no further business to come before the Council, the meeting was duly adjourned at 7:56 P.M. Respectfully submitted: ~,/~~ G~~ Cherie Black, City Secretary Minutes, Regular Meeting, La Porte City Council July 9, 1990, Page 5 Passed & Approved this the 23rd day of July, 1990 Norman L. Malone, Mayor ~ ~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 25. 1990 Requested By: Chief C. E. smith Department: Police Report Resolution X Ordinance Exhibits: SUMMARY & RECOMMENDATION The La Porte Police Department responds to an average of 1,299 false alarms yearly. In 1989 the department responded to 1,369 alarms that were determined to be false. The cost of responding to false alarms is estimated at $41,070.00 for which, little benefit is derived. The original ordinance has been amended to allow a maximum of twelve (12) false alarms with reinstatement fees at: one hundred dollars ($100}, one hundred twenty-five dollars ($125) and one hundred fifty ($150). These occur at the ninth (9), eleventh (11) and twelfth (12) respectively. Staff requests council's review and approval of the proposed alarm ordinance. Options: Deny ordinance and leave situation as is. Action Required by Council: Approve Burglary and P.obbery Alarm Ordinance. Availability of Funds: N\A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ No Approved for City Council Actenda Robert T. Herrera DATE City Manager i ~ PROPOSED BURGLARY AIVD ROBBERY ALARPI DRD I IVANGE Background l:n 19£39, the f_a F'orte police department responded to 1~':f~9 alarms that were determined to be false with a five ye~.ar iC ) 7vewrage of 1?99. The cost of respandi ng to these false alarms was estimated at x'41 , c_?7c~? for which „ little bene•f i t i s der- i ved . Purpose "('he proposed alarm ordinG-tnce places responsibility on the alarm user. Alarm users are !-field r-espor•!si bl e far ensuri rig tl-!at •l:.hei r alarm systems are wE=1 1 maintained and suited for thei r particular location. 't:ts purpose is not to penali.~e any b~.!siness ar resident for !.!sing a1 arms, b!..!•t on 1 y to ensure that alarm !_lsers r-ecogn i w e •k-.he responsibilities that arise with the use of electror!ic alarm systems. The ordinance provides a penalty for- •those ~.!sers that wa. 1 1 not ar_cept r-esponsi bi 1 i ty far cant i nt.!ous false si gna'1 s emitted by their devices. -f"he proposed a1 arm ardi nanc;e removes the cost of false alarm response Pram the genet-al i~.a,; paying public and places i t on th~:~ Gal arm u~•>er. Results ~itaff e>;pects to scae a si.;ty to seventy ~?ercent tt~c~? to 7c"?"/i drop i n the number of false alarms i n •tl-!e first year of enactment . f~:epai r- of f a!..!1 ty al armt•~ wi. 1 1 increase ar-d emp 1 ayees wi 1 1 k:?e h7etter- •tr-ai r7ed i n ar-mi ng and disarming the establ i. shed alarms. F'ol i ce respanse t i. mes to other ma j ar cal 1 r; wi 1 1. i mr.~rave with less time spent r-es~:?onding •t_a false :~~l.arms. In Summary ~°alse alarms create a rJangerous environment that threai:.en citi;~ertr.~ t.~nd officers e~.!ch time one is activated. ~• C::ompl acent respan=_se t?y the officer wha h~-ts respanded to the same alarm on numero!..!s occassi ans. •~• L~ancler• tc-? the publ. i c by rapidly responding patrol. car•~> r~oi r7~.~ to the scene raf an a'1 attn. 'fhe propo=led ardi Hance wi 1 1 give !.!s tl-!e 1 ever•age necessary to rni ti c-iate these potenti <al ha~.ards. That 1 everage i s rautl i ned i ri 1~he fallawir•!g e.;ec•u~k:ive sr.!mmary. • PROP'DSED BURGLARY AIVD ROPHERY ALARM ORD I 1VAtVCE Executive Summary • The f,raposed Burg]. ary and fabbery Ordi. nonce establ i shes the fallowinr~ regu.latianss •~• Lei thi n thirty t.:c~,) days of enactment , the arcJi nar,ce sets a twer~d_y-five t:~~.'~) r-egistratian fee far° all. residence<.~ and busi nesyse=~ with an alarm system. ~• Sets the alarm per-rr~it to begin ar, Cletaber 1, and e>,pi.rra on September "~~~yth o•f eC-,ch year. ~• F;egG.ti r•e~~ pal i ce inspection of a7. arm eclui pmen•t :~nr1 application of alarm permit stickers. ~• Estab I i shc~s a pens=,1 ty fine of ~.~p to two h~tndr-ed dc-~l 1 L~rt~~ (:~~?r"~C~) far failure •to obtain a permit. •~• Deve1 aps ran appeal process and appal nts a hear i nr;7 officer to address appeals regardi ng e::cessi ve f a1 se alarms reports. ~~~ Assesses tt~e fol 7. awl nq fee schedul. e far e'; cessi ve nan- appeal ed false alarms, 1-rowever , ai arm !,sers are a.l 1 awed •~ive tom) "free" •f~alse alarms within a permit y~•aar. •+- The si:.th {6) thr!~ eighth tS) false alarm will b~~7 billed at a twenty-fi.ve dallar• i~~~} service charge far each occur-rence. + The ninth t9) false alarm will result in a first revocation of per°mit, A ten {1s?) day written notice sari ar to revacatian wi 1 7. be sent to the user. -fhe native will. indicates dates of false r:~larms, reason far revar-ationq and native of discontinuance of pc•~lice r-expanse as an in-prac7ress. "fhe user can re-•- :i. n~:~tate pal i ce service by submitting a 1 titter to t!-re Chief of ~'ol i ce, which states that the alarm :i. s f ~..cncti rani ng properly, A one h~.tndred dal 1 ar t:~lr_,c~,) reinstatement fee will he assessed. -~• -fhe tenth t1r~y) false alarm will result in a writter, notification to the user, that their permit will tae revaN::ed an the ne::t false a1 arm. + -fhe eleventh (1 i.) false alarm will fallow the sam~a praceedure as the ninth {~) false alarm, however, ~-, one h~_.rndr-ed twenty five dal 1 ar t:~"12ti) r-ei ns•taterr,en•t fee wi 1 ]. be-_ assessed. ~ ~ -+- The twel f tl~ t i^ } ~f al se alarm shall result i n r••evcacat i an caf the alarm user ' s permit i n the manner described in par°atw7raph tEt) ~^} herenf, e..cept that. the fee fc~r reinstatement shall be ane h~.tndred fifty dtallars 4:#"l~t~~} • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 9 1990 Requested By: Steve Gillett Department: Public Works Report Resolution XXX Ordinance Exhibits: Ordinance No. 1711 Easement Document SUMMARY ~ RECOMMENDATION At the December 17, 1980 Council meeting, Ordinance 1242 was approved closing a portion of Texas Avenue between East K and East L Streets. Texas Avenue was closed to allow the development of apartment units, with a drainage easement provided to the City in Block 1122. The development has never taken place. As part of the East Avenue is needed to contacted the curr_e utility easement on for the vacating of needed. La Porte Relief Sewer project, this portion of Texas allow the elimination of Lift Station No. 5. The staff nt owner, who agreed to provide a twenty foot (20') the west side of_ the former Texas Avenue in exchange the drainage easement in Block 1122, which is no longer In order to properly carry out this transaction, Ordinance No. 1711 has been prepared to vacate the sixteen foot (16') drainage easement in Block 1122, in return for a signed utility easement for the western twenty foot (20') portion of the former Texas Avenue. Action Required by Council: Approve Ordinance No. 1711, vacating a sixteen foot (16') drainage easement. Availability of Funds: None Needed. General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • KNOX W. ASKINS JOHN D. ARMSTRONG ASKINS S ARMSTRbNG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY ' P. O. BOX 12iB LA PORTE, TEXAS 77572-1218 June 19, 1990 Mr. Roy Raylor 8404 S one Street #67 Hous n, TX 77061 Dear Mr. Raylor: • TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 At the request of Mr. Steve Gillett, Public Works Director of the City of La Porte, I have prepared draft of an ordinance, vacating the 16 foot drainage easement, which was retained by the City of La Porte in Ordinance No. 1242, which closed a portion of Texas Avenue; and a form of easement to the City of La Porte, for a proposed sanitary sewer line. It is my understanding from Mr. Gillett that agreement has been reached, that the City of La Porte will vacate the drainage easement, in consideration of your signing the sanitary sewer easement. If these papers are in satisfactory form, I would appreciate your signing the original of the sanitary sewer easement, before a notary public, have notarized, and then forward to me. Upon receipt of this easement, I will present the form of ordinance attached to City Council for its approval. We agree not to record the easement, until Council has passed the ordinance vacating the drainage easement. If you have any questions, please give me a call. Yours very truly i ~G~~~~ Rnox W. Askins City Attorney City of La Porte RWA:sw Enclosures cc: r. Steve Gillett Director of Public Works City of La Porte City Aall La Porte, Texas • • KNOX W. ASKINS JOHN D. ARMSTRONG July 2, 1990 ASKINS S. ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 Mr. Steve Gillett Director of Public Works City of La Porte City Hall La Porte, Texas Dear Steve: TELEPHONE 713 47 I - 1 B86 TELECOPIER 713 471-2047 I enclose original of letter and executed easement, which I have received from Mr. Roy D. Raylor. I also enclose the original of the ordinance, which should be placed on the City Council agenda for approval. When the ordinance has been passed, a certified copy should be furnished to Mr. Kaylor. Also, when the ordinance has been passed, the easement should be recorded in the Harris County Clerk's office, and thereafter placed in the City's permanent real estate files. If you have any questions, please give me a call. Yours very truly, ~'G'~v - Rnox W. Askins KWA:sw Enclosures cc: Mr. Roy D. Raylor 8404 Stone Street #67 Houston, TX 77061 • • Roy D. Kaylor Real Estate Invertmentr 8404 Stone St. #67 Houston, Texas 77061 (713) 645-9499 ~ s , C~ ~ ~' ~~ ~- , a~ ~~ ~~ T~ 7~~ ~.z - r2, x 6~=.~-,~.4.V.~- _~ ~ ~ ~GP~ ~~ w~.~~~~ ~ ~~~~ ~ ~ ~~ r • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 9, 1990 Requested By: Steve Gillett ~~;,~ Report Exhibits: Ordinance 1712 Department: Public Works Resolution XXX Ordinance SUMMARY ~ RECOMMENDATION The City of La Porte is currently finalizing plans and specifications to construct a twelve inch (12") waterline in the former Lomax area, the Northwest La Porte Water Project. As part of the project alignment, Old La Porte Road will be used. The City Attorney has confirmed that the City has obtained prescriptive rights to the use of Old La Porte Road in the present alignment, and recommends that the Council approve an ordinance confirming and ratifying the location of the right-of-way based on survey descriptions, which would then be recorded in the Harris County Clerk's office. This would give a better public record of this right-of-way. Action Required by Council: Approve Ordinance No. 1712, ratifying and confirming the alignment of Old La Porte Road, as described by Exhibit A, B, and C, and the attached plat (Exhibit D). Availability of Funds: None Needed. General Fund water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda ~~~,.~ ~cti. ~~~ ~ ~ Ala a Robert T. Herrera DATE City Manager ~~.~~ of yq ~ 9 . ~ a~q ~ sae ,spy lF OF Z~ )ON LINDSAY, County Judge WALTER L. JONES, Diredor June 19, 1990 • • HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons Lane, Suite 330, Houston, Texas 77027 • 626-5651 \a'r 6`G.c~-~s~C (LsSv' G ~~ ~ r k ~~ P v5~~` ~o-~,C ~`ti^ ~~~~i~~~ JUN 2 21990 CI rY try.>~~~T'~~~5 01=~iGE The Honorable Norman Malone Mayor of La Porte 604 West Fairmont Parkway P. O. Box 1115 La Porte, Texas 77571 Dear Mayor Malone: Harris County is one of five Texas counties with sufficient population to qualify as an "urban county" and therefore receive a direct entitlement grant of Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development. In the past fifteen years, Harris County has received approximately 71 million dollars which have been used to build community centers, parks, streets, water, sewer and drainage improvements, and rehabilitate homes, within Harris County cooperative cities and unincorporated areas. A small percentage of funds also has been used for public services such as counseling, emergency shelter, medical transportation, and child care. Also, aCDBG- funded economic development corporation has made low interest loans to businesses agreeing to create jobs for low or moderate income persons. Attached for your information is a Fact Sheet describing the activities of the Harris County Community Development Agency which is responsible for planning and implementing CDBG activities. The amount of the entitlement grant received from HUD is based on the population, age of housing and the percentage of low and moderate income persons living in the urban county service area. The service area is defined as all unincorporated areas of Harris County and t~1JS? c.t.es t: tl:l:; the L"~i~nt~,~ v~hlcrl sign ~v^Ye~I.''.t.~n agiee^'ie::t:; ~CO-Op iiti~',$). Your city is again requested to enter into a cooperation agreement with the County to undertake or assist in the undertaking of community development and housing assistance activities within your city for the next three fiscal years, 1991, 1992, and 1993. Signing this agreement would enable your city to request grant funds from Harris County for CDBG eligible projects, permit low or moderate income city residents to request low interest or deferred payment housing rehabilitation loans, and appropriate businesses to request low interest loans. Although CDBG funds are intended to directly benefit primarily areas of slum and blight and low and moderate income neighborhoods, they indirectly benefit Harris County and the surrounding area as a whole. Perhaps your city does not have areas in which a majority of the residents are of low and moderate income (currently defined as a family of four earning less than $32,800) and would therefore be unlikely to qualify for an area project. However, individual low or moderate income families might still qualify for low interest housing rehabilitation loans, grants, or other direct benefit activities. Although there is no guarantee .• The Honorable Norman Malone June 19, 1990 Page 2 that your city will actually receive funds, only by joining Harris County in a cooperation agreement can your city participate as a beneficiary of Harass County CDBG funds. If you do not join Hams County, you may exercise an option to apply directly to the State Department of Commerce through the Houston-Galveston Area Council for CDBG funds under the Small Cities program. The cooperation agreement will expressly state that the City and County agree to "cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing." There will be no provision for withdrawal or termination prior to the end of the three-year period. The cooperation agreement will also contain a provision prohibiting Harris County CDBG funding for activities in or in support of any cooperative city that does not affirmatively further fair housing v~rithin its own jurisdiction or that impedes tY;e county's action to comply v~rith its fair housing certification. The actual cooperation agreements will be forwarded to you no later than July 2, 1990. In order to meet HUD deadlines, you are requested to notify this office and HUD by July 16, 1990, of your decision to either be included or ex lu a as a cooperative city. If your city decides to be included as a cooperative city, the executed cooperation agreement must be returned to this office by August 3, 1990. We would be happy to meet with members of your staff or your City Council to further explain this opportunity. If you have questions, please have your designee contact Cinda Calderon, Manager of Planning and Program Development, at (713) 626-5651. Attachment cc: Mr. R. D. Smith Office of Community Planning and Development Fort Worth Regional Office, Region VI P. O. Box 2905 Fort Worth, Texas 76113-2905 Attn: Ms. Linda Richards obi8~o6(wti) WLJ:cc • • ~~ pJ~~r of tiq~p ~~ ~~~; s ~~ ~~F°F ~~} R Y ~ AR z oU T S N COMMUNITY DEVELOPMENT AGENCY WHAT IS THE HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY? The Harris County Community Development Agency was created in 1975 by Harris County Commissioners' Court to administerthe community development block grant for Harris County. The block grant program was authorized under Title I of the Housing and Community Development Act of 1974 to improve the quality of living conditions of low and moderate income areas. WHY DOES HARRIS COUNTY HAVE ITS OWN GRANT? Because the combined population in both the unincorporated and certain incorporated areas inside Harris County is greater than 200,000 persons, Harris County was designated as an urban county and is therefore entitled to its own block grant program. WHAT IS AN URBAN COUNTY? An urban county is any county located within a Standard Metropolitan Statistical Area which is authorized to undertake community development and housing activities in unincorporated areas and in those incorporated cities within the county with which it has a cooperative agreement. WHAT ARE THE PRIMARY PROGRAM OBJECTIVES? The primary objective of the block grant program is to encourage viable urban communities by funding a wide range of community development activities directed toward providing decent housing, a suitable living environment and expanding economic opportunities, principally for persons of low and moderate incomes. The local objectives are to meet basic community development needs, such as water and sanitary sewer facilities, housing rehabilitation and economic development as well as park development, street improvements and community centers. WHO DOES THE PROGRAM SERVE? Harris County Community Development Agency serves those areas containing large percentages of low and moderate income persons within the boundaries of Harris County but outside the cities of Houston, Pasadena and Baytown, (these cities have their own community development programs), and certain other small cities that did not sign a cooperative agreement. The Agency serves low and moderate income, elderly and disabled residents in 14 incorporated cities and 31 unincorporated areas. WHAT K~DS OF PROJECTS DOES TH~AGENCY FUND? Water and sewer improvements such as sliplining, increasing the size of pipes, installing new lines; Construction of community centers, street and drainage improvements; Park development, beautification, demolition of unsafe structures; Technical assistance, (needs assessment, program planning, etc.); Small business loans; Public services, such as transportation to and from medical facilities, counseling for troubled youths, shelter funding, and Rehabilitation of owner-occupied sub-standard homes. ARE THERE SPECIFIC AREAS WHERE THE PROGRAM OPERATES? Low and moderate income communities are targeted for community development block grant activities. Examples of such communities where most of the public improvement projects and public service programs will be concentrated are the following: Unincorporated Target Areas Aldine Westfield Greenwood Village McNair Barrett Station Heatherglen North Houston Heights Bayshore Highlands Northington Beaumont Place Hockley Recreation Acres Bordersville Huffman Riverdale Cedar Grove Huffsmith Riverwood Channelview Kenwood Sheldon Clear Creek Kohrville Sherwood Place Cloverleaf Linus Spring Crosby Magnolia Gardens Verde Forest Marwood Cftles Bellaire Katy EI Lago La Porte Stafford Galena Park Missouri City Tomball Humble Seabrook Waller Jacinto City South Houston West University HOW CAN CITIZENS GET INVOLVED? Citizens who want to learn more about the block grant program can contact the Agency at the following address and telephone number. Staff members are available to assist residents as well as meet with citizens in their neighborhoods. Harris County Community Development Agency Planning & Program Development Division 3100 Timmons Lane #330 Houston, Texas 77027 (713-626-5651) September, 1989 ~~ OJ~~V OF yq'p7~ ~~ ~ * ;n S N~ ~ ~eaa P .~~ 9rF of t~+ ARRIS (~ UN COMMUNITY DEVELOPMENT AGENCY WHAT IS THE HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY? The Harris County Community Development Agency was created in 1975 by Harris County Commissioners' Court to administerthe community development block grant for Harris County. The block grant program was authorized under Title I of the Housing and Community Development Act of 1974 to improve the quality of living conditions of low and moderate income areas. WHY DOES HARRIS COUNTY HAVE ITS OWN GRANT? Because the combined population in both the unincorporated and certain incorporated areas inside Harris County is greater than 200,000 persons, Harris County was designated as an urban county and is therefore entitled to its own block grant program. WHAT IS AN URBAN COUNTY? An urban county is any county located within a Standard Metropolitan Statistical Area which is authorized to undertake community development and housing activities in unincorporated areas and in those incorporated cities within the county with which it has a cooperative agreement. WHAT ARE THE PRIMARY PROGRAM OBJECTIVES? The primary objective of the block grant program is to encourage viable urban communities by funding a wide range of community development activities directed toward providing decent housing, a suitable living environment and expanding economic opportunities, principally for persons of low and moderate incomes. The local objectives are to meet basic community development needs, such as water and sanitary sewer facilities, housing rehabilitation and economic development as well as park development, street improvements and community centers. WHO DOES THE PROGRAM SERVE? Harris County Community Development Agency serves those areas containing large percentages of low and moderate income persons within the boundaries of Harris County but outside the cities of Houston, Pasadena and Baytown, (these cities have their own community development programs), and certain other small cities that did not sign a cooperative agreement. The Agency serves low and moderate income, elderly and disabled residents in 14 incorporated cities and 31 unincorporated areas. WHAT KINDS OF~OJECTS DOES THE AGEN~UND? Water and sewer improvements such as sliplining, increasing the size of pipes, installing new lines; Construction of community centers, street and drainage improvements; Park development, beautification, demolition of unsafe structures; Technical assistance, (needs assessment, program planning, etc.); Small business loans; Public services, such as transportation to and from medical facilities, counseling for troubled youths, shelter funding, and Rehabilitation of owner-occupied sub-standard homes. ARE THERE SPECIFIC AREAS WHERE THE PROGRAM OPERATES? Low and moderate income communities are targeted for community development block grant activities. Examples of such communities where most of the public improvement projects and public service programs will be concentrated are the following: Unincorporated Target Areas Aldine Westfield Greenwood Village McNair Barrett Station Heathergler. North Houston Heights Bayshore Highlands Northington Beaumont Place Hockley Recreation Acres Bordersville Huffman Riverdale Cedar Grove Huffsmith Riverwood Channelview Kenwood Sheldon Clear Creek Kohrville Sherwood Place Cloverleaf Linus Spring Crosby Magnolia Gardens Verde Forest Marwood Cities Bellaire Katy EI Lago La Porte Stafford Galena Park Missouri City Tomball Humble Seabrook Waller Jacinto City South Houston West University HOW CAN CITIZENS GET INVOLVED? Citizens who want to learn more about the block grant program can contact the Agency at the following address and telephone number. Staff members are available to assist residents as well as meet with citizens in their neighborhoods. Harris County Community Development Agency Planning & Program Development Division 3100 Timmons Lane #330 Houston, Texas 77027 (713-626-5651) September, 1989 ~~.~r of tiq ~~ Na , ae Py 9TF Of t~4 JON LINDSAY, County Judge WALTER L. JONES, Diredor June 29, 1990 JUl 3 1990 The Honorable Norman Malone City of LaPorte 604 W. Fairmont Parkway P.O. Box 1115 LaPorte,Texas 77571 Dear Mayor Malone: RECEIVED, CITY l4lANAGERS QFF~CE In a letter from this agency dated June 19, 1990, your City was requested to consider signing a cooperation agreement with Harris County allowing your city to participate in the County's Community Development Block Grant program (copy of letter enclosed). Attached are copies of the actual cooperation agreement. No later than July 16, 1990, you are requested to notify both the Department of HUD (address on enclosed letter) and this agency of your decision to either be included or excluded as a co-op city. If your city decides to participate in the Harris County program, you are requested to return all executed copies to this office no later than August 3, 1990. When approved by Harris County, we will return executed originals to each entity. Your consideration is appreciated. If further information is needed, please call Cinda Calderon at 626-5651. Walter L. J Director WLJ/km HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons Lane, Suite 330, Houston, Texas 77027 626-5651 Enclosures REQUF~ FOR CITY COUNCIL AGENDA ~M Agenda Date Requested: Jul 9 199 Requested By: Steve Gillett Department: Public Works XXX Report Resolution Ordinance Exhibits: Bid recap Sealed Bids #0388 - Assorted Automotive Supplies SUMMARY & RECOMMENDATION Advertised, sealed bids #0388 for assorted automotive supplies were opened and read on June 25, 1990. Bid requests were mailed to seven (7) with four (4) returning bids. Overall low bid meeting specifications was submitted by Industrial Lubricants. They were low bid on all but five (5) items. Using estimated yearly quantities, contract amounts for each section is as follows: Section I - Bulk Oils, Greases, Transmission Fluid - $6,556.94 Section II - Antifreeze & Lubricants - $2,082.75 Section III - Assorted Supplies - $3,396.94 Total -$12,036.63 Staff recommends award of the contract for the annual supply of assorted automotive supplies to Industrial Lubricants, overall low bidder. Action Required by Council: Award bid for the annual supply of assorted automotive supplies to Industrial Lubricants, overall low bidder meeting specifications as recommended by staff. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XX Other: Vehicle Maintenance Account Number: Various Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager ~- • CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 27, 1990 TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid #0388 - Assorted Automotive Supplies Advertised, sealed bids #0388 for assorted automotive supplies were opened and read on June 25, 1990. Bid requests were mailed to seven suppliers with four returning bids. Low bid was submitted by Industrial Lubricants. They were low bid on all but 5 items. However, I suggest that we issue one purchase order and order from only one supplier. Total bid by section, using estimated yearly quantities, is as follows: Section I - Bulk Oils, Greases, Transmission Fluid - $ 6,556.94 Section II - Antifreeze & Lubricants - 2,082.75 Section III - Assorted Supplies - 3,396.94 Total $12,036.63 I have attached a copy of Industrial Lubricants bid for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid Tabulation Bid xc: Buddy Jacobs, w/ attachment Dick Root, w/ attachment SEALED BID 40388 ASSORTED AUTOMOTIVE SUPPLIES • INDUSTRIAL MAJOR LUBRICANTS BRAND OIL JONES OIL WITCO I, BULK OIL & GREASES 1, TORQUE FLUID 2.15 2.20 2.91 2,75 2. BULK MOTOR OIL 1.95 1.98 2.43 2,79 3. BULK TRANSMISSION FLUID 2.24 2.21 2.44 2,91 4. BULK OIL 146.47 140.80 183.01 236.00 SUBTOTAL 6,556.94 6,623.60 g 238.02 8 866.00 II. ANTIFREEZE & LUBRICANTS 1. MOTOR OIL XD-3 30 ,71 .75 .90 1,065 2. MOTOR OIL XD-3 15/40 ,75 .7825 .94 1.12 3. MOTOR OIL SUPREME PERF 10-30 ,75 .80 1.13 1.085 4. ANTIFREEZE 55 GALLON DRUMS 3.41 3.36 3.26 NB 5. TWO CYCLE MOTOR OIL ,97 1.22 1.33 1,20 6. CHASSIS GREASE ,48 .8205 .89 1.2675 7. AUTOMATIC TRANSMISSION FLUID ,75 .8825 .98 1.0625 SUBTOTAL 2,082.75 2,200.50 2,318.33 1,215.00 III. ASSORTED SUPPLIES 1. OIL DRY 3.07 3.00 2.61 NB 2, ARMOR ALL 1.11 NB NB NB 3. WINDSHIELD WASHER FLUID .99 NB ~1~,12 NB 4. PENETRATING OIL 1.14 NB 1.85 NB INDUSTRIAL LUBRICANTS • MAJOR JONES WITCO BRAND OIL OIL III. ASSORTED SUPPLIES 5. STARTING FLUID .70 NB .81 NB 6. CARBURETOR CLEANER 1.06 NB .96 NB 7. HAND CLEANER 4.14 NB NB NB 8. AUTOLITE 24 SPARK PLUG 1.05 NB NB NB 9. AUTOLITE 26 SPARK PLUG 1.05 NB NB NB 10. AUTOLITE 27 SPARK PLUG 1.05 NB NB NB 11. AUTOLITE 65 SPARK PLUG 1.05 NB NB NB 12. AUTOLITE 75 SPARK PLUG .90 NB NB NB 13. KENDOLL K-1 OIL FILTER 1.45 NB 1.68 NB 14. KENDOLL K-6 OIL FILTER 1.45 NB 1.68 NB 15. KENDOLL OIL FILTER NB NB NB NB 16. KENDOLL K-4 OIL FILTER 1.45 nb 1.68 NB 17. KENDOLL K-5 OIL FILTER 1.45 NB 1.68 NB 18. KENDOLL KA-2 AIR FILTER 1.81 NB 1.98 NB 19. KENDOLL KA-4 AIR FILTER 1.70 NB 1.98 NB 20. KENDOLL KA-16 AIR FILTER 1.70 NB 1.98 NB 21. KENDOLL KA-7 AIR FILTER 1.89 NB 1.98 NB 22. KENDOLL KA-10 AIR FILTER 1.88 NB 1.98 NB 23. KENDOLL KA-12 AIR FILTER 1.70 NB 1.98 NB 24. HYDRAULIC FILTER C-1702 6.73 ~ NB ~ ~ NB NB 25. HYDRAULIC FILTER C-1721 3.05 NB NB NB • INDUSTRIAL MAJOR JONES WITCO - LUBRICANTS BRAND OIL OIL III. .ASSORTED SUPPLIES 26. FLEET FILTER KIT NB NB NB NB 27. BREATHER FILTER 19.01 NB NB NB 28. AIR FILTER CA-189PL 1.81 NB 1.98 NB 29. AIR FILTER CA-224 19.01 NB NB NB 30. AIR FILTER CA-321 21.17 NB NB NB 31. AIR FILTER CA-326 1.88 NB 1.98 NB 32. AIR FILTER CA-324A 1.88 NB 1.98 NB 33. AIR FILTER CA-3324 5.71 NB NB NB 34. AIR FILTER CA-3501 6.05 NB NB NB 35. AIR FILTER CAK-253 10.44 NB NB NB 36. AIR FILTER CAK-255 16.88 NB NB NB 37. AIR FILTER CAK-258 10.20 NB NB NB 38. OIL FILTER PH-20 2.54 NB NB NB 39. OIL FILTER PH-373 5.40 NB NB NB 40. OIL FILTER PH-977A 3.55 NB NB NB 41. OIL FILTER PH-2849A 1.82 NB 1.79 NB 42. FUEL FILTER G-2 1.45 NB 1.45 NB 43. FUEL FILTER CG-11 .51 NB .84 NB 44. FUEL FILTER CG-12 .66 NB NB NB 45. FUEL FILTER CG-20 1, 05 NB ~ NB NB 46. FUEL FILTER P3318 4.61 NB NB NB 47. FUEL FILTER P3319 4.41 NB NB NB SUBTOTAL 3,396.94 300.00 1,445.32 -0- • ~~~ i SEALED BID ~~0388 ASSORTED AUTOMOTIVE SUPPLIES INDUSTRIAL MAJOR JONES WITCO ' LUBRICANTS BRAND OIL OIL I. BULK OILS, GREASES & TRANSMISSION 6,556.94 6,623.60 8,238.02 8,866.00 II. ANTIFREEZE & LUBRICANTS 2,082.75 2,200.50 2,318.33 1,215.00 III. ASSORTED SUPPLIES 3,396.94 300.00 1,445.32 -0- GRAND TOTAL 12,036.63 9,124.10 12,001.67 10,081.00 REQUE• FOR CITY COUNCIL AGENDA ~M Agenda Date Requested: Jul 9 1990 Requested By: Steve Gillett Department: Public Works XXX Report Resolution Ordinance Exhibits: Bid recap Sealed Bids #0387 - Street Materials ~~~~ SUMMARY & RECOMMENDATION Advertised, sealed bids #0387 for street materials were opened and read on June 25, 1990. Bid requests were mailed to four (4) area suppliers with all four returning bids. Low bid meeting specifications were submitted as follows: Section I - Cut Back Asphalt - Items A-F - Wright Asphalt Section I - Cut Back Asphalt - Items G-L - Gulf States Asphalt Section II- Liquid Asphalt Ceme nt - Trum bull Asphalt Section III-Catalytically Blown Asphalt Joint and Crack Sealer- Gulf States Asphalt Using yearly estimated quantities, the total contract amounts would be as follows: Section I - Items A-F - $98,615.00 Section I - Items G-L - $22,550.00 Section II - $17,480.00 Section III - $ 9,600.00 Total - $98,245.00 Staff recommends award of the contract for the annual supply of street materials to Wright Asphalt for Section I - Cut Back Asphalt - Items A-F; to Gulf States Materials for Section I, Items G-L and Section III - Catalytically Blown Asphalt Joint and Crack Sealer; and to Trumbull Asphalt for Section II - Liquid Asphalt Cement. Action Required by Council: Award bid for annual supply of street materials as recommended by staff. Availability of Funds: XXX General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Various Accounts Funds Available: XX YES NO Robert T. Herrera City Manager DATE • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 27, 1990 T0: Steve Gillett, Director of Publi ~elorks FROM: Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid #0387 - Street Materials Advertised, sealed bids #0387 for street materials were opened and read on June 25, 1990. Bid requests were mailed to four suppliers with all four returning bids. In Section I - cut back asphalt, low bid was submitted by Wright Asphalt Products for items A-F. Gulf States Asphalt submitted the low bid for Section I, items G-L and also Section III - catalytically blown asphalt joint and crack sealer. Low bid on Section II - liquid asphalt cement, was submitted by Trumbull Asphalt. Using .estimated yearly quantities, the total dollar amounts using low bids are as follows: Section I - Wright Asphalt Products $48,615.00 Gulf States Asphalt 22,550.00 $71,165.00 Section II - Trumbull Asphalt 17,480.00 Section III - Gulf States Asphalt 9,600.00 Total $98,245.00 Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid Tabulation xc: Buddy Jacobs, w/ attachment Orville Burgess, w/ attachment SEALED BID ~~0387 STREET MATERIALS ,' WRIGHT ASPHALT . PRODUCTS GULF TRUMBULL SHEPLER STATES ASPHALT EQUIPMENT ASPHALT I. CUT BACK ASPHALT A. MC-30 DELIVERED 5000 GAL .5329 .76 NB NB B. RC-2 DELIVERED 5000 GAL .5318 .76 NB NB C. MC-800 DELIVERED 5000 GAL .5329 .70 NB NB D. MC-30 DELIVERED 1000-5000 GAL .6830 _ .87 I _ NB I NB __ _ E. RC-2 DELIVERED 1000-5000 GAL I -- .6820 ~ .87 ~ NB ~ --- NB __ F. MC-800 DELIVERED 1000-5000 GAL, .6830 ~ .81 ~ NB NB G. MC-30 PICKED UP 100-1000 GAL I 1.75 .92 ~ NB NB H. RC-2 PICKED UP 100-1000 GAL 1.75 .92 NB I NB I. MC-800 PICKED UP 100-1000 GAL 1.75 .87 NB NB J. MC-30 PICKED UP 55 GAL DRUM NB 2.00 NB NB K. RC-2 PICKED UP 55 GAL DRUM NB 2.00 NB - NB l L_. L. MC-800 PICKED UP 55 GAL DRUM __ - NB 2.00 _ NB --_ _ = I NB - - __ II. LI UID ASPHALT CEMENT A. AC-5 DELIVERED 5000 GAL .4820 .50 .38 I NB B. AC-10 DELIVERED 5000 GAL .4808 .50 .38 NB C. AC-5 PICKED UP LESS THAN 1500 .5700 .64 .38 NB D. AC-10 PICKED UP LESS THAN 1500 1 .5300 I .64 .38 NB III. CATALYTICALLY BLOWN ASPHALT JOINT - - _ __- `-- - -- ~- AND CRACK SEALER NB .24 NB .28 __ _~ - RE EST NAIL AGEND~~ ITEM_ Agenda Date Requested: July 9, 1990 Requested By: .I _I SF i '"'`'department: FIRE X Report Exhibits: Resolution Ordinance ~1~MMARY & RECOMMENDATION. Advertised, sealed bids were opened on June 25, 1990. Four bidders were supplied with specifications and only one submitted. The only bidder, Physio-Control Corporation, bid $7,456.00 with a 30 day delivery. Inadvertently a life saving Pace Maker was not advertised that is needed on this unit, and an additional price of $1,169.00 should be added for a total of $8,625.00. Total budgeted amount for this item is $8,910.00. I recommend Council award the bid to Physio-Control in the amount of $8,625.00 Action Required by Council: Award or reject bid Availability of Funds: -X- General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: nn~-8nn-51~-821 Funds Available: X YES _,_. NO A~vroved for City Council Agenda Robert T. Herrera DATE City Manager ! • CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 27, 1990 TO: Joe Sease, Fire Chief FROM: Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid #0389 - Defibrillator Monitor Advertised, sealed bids #0389 for a defibrillator monitor were opened and read on June 25, 1990. Bid requests were mailed to four suppliers with only one, Physio-Control Corporation, returning a bid of $7,456.00 with a 30 day delivery. The item bid was a Lifepak 10. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr xc: Chris Osten, w/ attachment • i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Jul 9.//1990 ~Jt~C De artment: Golf Course Requested By: Alex Osmond p X Report Resolution Ordinance Exhibits: 1) Sealed Bid No. 0386 Tabulation 2) Inter-Office memo from Louis Rigby dated 6-19-90 3) 1986 G.O. Bonds (Golf Course) SUMMARY & RECOMMENDATION Sealed Bid No. 0386 (Trencher) for golf course were opened on June 18, 1990. Bid request were mailed to four (4) suppliers with four (4) returning bids. Staff recommends awarding bid to Hall Equipment and Supply Company (low bidder) in the amount of $18,619.00. Total amount budgeted for this item i:s $25,000.QO. Action Required by Council: Award bid as recommended by staff to Hall Equipment and Supply Company in the amount of $18,619.00. Availability of Funds: General Fund Water/Wastewater Capital Improvements General Revenue XX Other Sharing Account No.: 005-800-800-411 Funds Available: X Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager • r CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 19, 1990 T0: Alex Osmond, Golf Course Manager FROM: Louis Rigby, Purchasing Manage SUBJECT: Sealed Bid #0386 - Trencher J Advertised, sealed bids #0386 for a trencher with a backhoe and back fill blade were opened and read on June 18, 1990. Bid requests were mailed to four suppliers with four returning bids. Low bid was submitted by Hall Equipment & Supply Company for $18,619.00, with a 21 day delivery. The unit bid is a Mitsubishi 4G32-31MG. A copy of the bids are attached for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid Tabulation Bids xc: Dennis Hlavaty, w/ attachment Stan Sherwood, w/ attachment SEALED BID 40386 TRENCHER W/ BACKHOE HALL TRENCHER EQUIPMENT HAUS & INC. SUPPLY COMPANY DITCH VERMEER WITCH SALES OF OF HOUSTON TEXAS INC. 1. MODEL MITSUBISHI 4G32-31MG J. I. CASE MODEL 360 WISCONSIN VH4D WISCONSIN VH4D 2. TOTAL 18,619.00 19,105.00 22,684.00 22,870.00 3. DELIVERY IN DAYS 21 10 10-14 42 1 __ ~ ~ 1986 G. 0. BONDS (Golf Course) 6/5/90 Funds remaining as of September 30, 1990 90,095 Current year revenues through 4130/90: Interest Income 4,615 Total Available 94,710 Current Year activity through 4_x/90: Task Task Description Status Truck Complete Cart Paths 85~ Pump Station -0- Fuel Tanks Pending Trees -0- Bridges -0- Trencher Specs. Prepared Subtotals Contingency Totals FY 89-90 Approved Amended Expenses Budget Extras* Budget to date 12,000 0 12,000 12,000 25,000 0 25,000 13,952 12,000 0 12,000 0 10,000 8,903 18,903 0 7,500 0 7,500 0 5,000 0 5,000 0 0 25,000 25,000 18,619 71,500 33,903 105,403 22.280 (8.903) 13.377 93,780 25,000 118,780 Summarv Funds Remaining as of this report Less Estimate of funds needed to complete tasks Equals funds available to other tasks Revised Estimate 12,000 17,000 12,000 18,903 5,000 3,000 25,000 (44,571) 92,903 50.139 (48.332) 1.807 * requires Council approval • • REQUEST FOR CITY COUNCIL AGENDA ITEM ------------------------ Agenda Date Requeste ul 9 1990 Requested By: Joel lbrecht Department: Community Development. X Report Exhibits: SUMMARY & RECOMMENDATION Advertised, sealed bids #0385 for the annual mowing contract were opened and read on June 18, 1990. Bid requests were mailed to six local contractors and three bids were returned. The bids were very close between Goldston Mowing and D & L Mowing. To determine the low bidder, an average mowing list was used. The comparison indicates D & L Mowing to be the lowest qualified bidder. Action Required by Council: 1. Approve Mowing Contract with D & L Mowing. 2. Disapprove acid rebid mowing contract. --------------------------------- Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Approved for City Council Agenda: 1(.~ Robert T. Herrera City Manager Resolution Ordinance 1. Memo from Purchasing Manager Z. Bid Comparison Funds Available: - Yes _ No 7~5~~~ Date • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 19, 1990 T0: Joel Albrecht, Director of Communit evelopment FROM: Louis Rigby, Purchasing Manager C-~/~ SUBJECT: Sealed Bid #0385 - Mowing Advertised, sealed bids #0385 for the annual mowing contract were opened and read on June 18, 1990. Bid requests were mailed to six local contractors with three returning bids. Copies of the bids are attached for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid Tabulation xc: Ervin Griffith, w/ attachment s SEALED BID ~~0385 ANNUAL MOWING CONTRACT • GOLDSTON JIM D & L MOWING SENTELL MOWING 1. MOWING 25' x 125' LOT 5.75 7.00 -L_ 6.25 _~ - - --- -- - 2. EACH CONTIGUOUS LOT ~ 4.75 ~ 5.00 4.25 3. MOWING UNDIVIDED ACREAGE 30.00 35.00 28.50 -- ----- - 4. RESIDENTIAL HOMESITE . -- - - - A. FENCE REMOVAL REQUIRED_ _ 50.-00 _55.00.____ __5.0.00 ~ B. NO FENCE 50.00 45.00 48 50 _ ~ _~ -- Average AZowing List 708.63 682.59 -- - - I - - - _ - T I_ __ - - 1: :;~, - - - _- - 1 __ -- ~ I __ __ T-. ~ I __ ( ___ _- ~ 1 .'6 . -: d: • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM JULY 3, 1990 T0: Robert T. Herrera, City Manager FROM: Charles E. Smith, Chief of Police SUBJECT : Administrative Report Ordinances Pertaining to Vicious Animals At last session, Council asked that staff look into legislation dealing with animals of vicious tendencies. We have been in contact with the TML Legal Division who forwarded to us some sample ordinances. Copies of these samples are provided for Councils' review. TML's Legal Division indicated the sample they considered best written is from the City of San Antonio. Recently, the City of Richardson, Texas was involved in a court battle concerning legislation they enacted dealing with vicious animals. The Texas Supreme Court has upheld that legislation. It does appear that these ordinances must be generic enough to cover all animals. If they are written to address the issues of safety and public health and do not appear to discriminate against a particular breed of animal, then enacted legislation is legal. If it is Councils' wish, we will pursue development of a vicious animal amendment to our Ordinance No. 1559 and bring it to Council for review. . . • X .' X w:r; SCR:amt ~s 03/30/88 ' ` ~' ~i ~i,a 4{ ~..°i'~'~'~i i.~t ii~'~+~~i~~ Animal • rol Advisory Board 10-28-87 San Antonio Metropolitan Health District Board 1/19/88 Public Hearing City Council AN ORDINANCE V 6 $ ~ 8 AMENDING CHAPTER 5 OF THE CITY CODE OF THE CITY OF SAN ANTONIO BY ADDING SEC. 5-146 THROUGH SEC. 5-153 ENTITLED "VICIOUS DOGS", PROVIDING DEFINITIONS, PROVIDING FOR THE DECLARATION OF A D0~ AS VICIOUS, AND THE NOTIFICATION OF DECLARATION OF A VICIOUS DOG, PROVIDING FOR A DETERMINATION HEARING AND APPEAL, PROVIDING FOR A DEFENSE TO THE DECLARATION OF VICIOUS DOGS, PROVIDING REQUIREMENTS FOR OWNERS OF VICIOUS DOGS, PROVIDING FOR NOTIFICATION BY OWNER OF CHANGE OF STATUS OF VICIOUS DOG, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER, PROVIDING A CRIMINAL PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, vicious dogs have become a serious and widespread threat to the safety and welfare of the citizens of the City; and WHEREAS, in recent years vicious dogs have assaulted without provocation and have seriously injured numerous individuals, particularly children, and have killed numerous cats and dogs; and WHEREAS, many of these attacks have occurred in public places; and WHEREAS, the number and severity of these attacks are attributable to the failure of owners to register, confine and properly control vicious dogs; and WHEREAS, the necessity for strict regulation and control of vicious dogs is an immediate problem, and existing laws are inadequate to deal with the threat to public health and safety posed by vicious dogs and irresponsible dog owners; and WHEREAS, it is further declared that the owning, keeping or harboring of a vicious dog is now governed by this ordinance; and • WHEREAS, the citizens of San Antonio have expressed concern about dogs that run loose, that bite or attack, and about owners who do not obey the City's leash law; and WHEREAS, as the city's population grows and becomes more dense the need for better controls, reasonable restraints and improved dog ordinances becomes apparent; and WHEREAS, most experts believe that the problems of dog bites and attacks, and dog over-population can only be solved when dog owners become responsible for the care and control of their animals; and WHEREAS, those citizens who choose to own, train or keep aggressive dogs, and those who have and own attack dogs, or known biters, and those not safe to be around the play of children, have an added responsibility, and WHEREAS, the purpose of this ordinance is not to make it an offense to own a dog; but rather the offense is the reckless management and control of the dog; and WHEREAS, it is the opinion of this City Council that it is necessary for the protection of the public health, safety and welfare of the citizenry to regulate vicious dogs; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: SECTION 1. That Chapter 5 of the City Code of the City of San Antonio, as amended, is amended by adding Sec. 5-146 through Sec. 5-153 to be entitled "Vicious Dogs" to be comprised of appropriate sections to read as follows: Sec. 5-146 DEFINITIONS: as used in Sections 146 through 153 inclusive, of this Chapter, the following words or terms shall have the following meanings, unless the context shall indicate another or different meaning or intent. 1. "Vicious Dog" means: (a) any dog that, when unprovoked, inflicts severe injury or death to a person, or bites a person on public or private property; or (b) any dog that has killed a domestic animal without provocation while off the owner's property; or (c) .any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the dog will cause physical injury to that person; or -2- 5~ CJ (d) any individual dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals. 2. "Animal Control Official" means any employee in the animal control division of the Health Department or any individual designated by the Director of the Health Department to enforce the provision of this section. The Animal Control Official must be certified by the State of Texas as an Animal Control Officer or be a licensed veterinarian. 3. "Determination Hearing Officer" means any Health Department employee or any individual designated by the Director of the Health Department. The hearing officer shall have a working knowledge of animal behavior. 4. "Enclosure" means a house or a building, or in the case of a fence or a structure/pen, the fence or structure/pen must b~ at least six (6) feet in height. The structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that a dog cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen must have secure sides to prevent the vicious dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the vicious dog. Notwithstanding the fence height restrictions of Chapter 6, Sec. 2 of this Code, the Animal Control Official shall have the right to require that the fence be higher than six (6) feet or require a secure top and/or a secure bottom be added to the structure/pen if the need is demonstrated. This additional requirement shall be based upon the type of dog to be kept in the enclosure and its anticipated ability to escape. 5. "Menacing fashion" means the show by a dog of a disposition, determination, or intent to attack or inflict injury or harm to a person. 6. "Owner/Keeper" means any person, firm, corporation, organization or department possessing, harboring, keeping, holding, caring for, having an interest in, or having control or custody of a dog. If the owner/keeper of a dog is a minor, the parent or guardian of that minor shall be responsible for compliance with specifications of the ordinance. -3- 7. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or that results in death. 8. "Unprovoked" with respect to an attack by a dog means that the dog was not hit, kicked, or struck by a person with any object or part of the attacked person's body nor was any part of the dog's body pulled, pinched or squeezed by the person attacked. Sec. 5-147 DECLARATION OF A VICIOUS DOG. ~. A dog shall be automatically declared to be a vicious dog under Sec. 5-146 1(a) or 1(b) if the owner or keeper is convicted under Section 5-153(1) hereof. 2. An Animal Control Official may find and declare a dog to be a vicious dog if the official has cause to believe that a dog is a vicious dog under Sec. 5-146 1(c) or 1(d). 3. Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an ind ividual authorized by law to take sworn statements, or made at the Office of Animal Control, setting forth the nature and the date of the act, the location of the event, the owner of the dog, the address of the owner, and the description of the dog doing such act, an Animal Control Official shall investigate the complaint including discussing the matter with the owner/keeper if that person can be located and may determine if a dog is vicious under Sec. 5-146 1(c) or 1(d). The owner of a dog shall have the right to provide such an affidavit or statement concerning his own dog. Sec. 5-148 NOTIFICATION OF DECLARATION OF A VICIOUS DOG 1. Within five (5) working days of declaring a dog vicious, the Animal Control Official will notify, by certified mail, return receipt requested, the person owning the dog of its designation as a vicious dog and of the requirements for owners of vicious dogs as set out in Sec. 5-151. 2. If the dog is declared to be vicious under Sec. 146 1(c) or 1(d), the notice shall inform the owner of the dog that a Determination Hearing may be requested to contest the declaration. The request for a Determination Hearing must be in writing and must be received by the Director of the Health Department or his designee no later than five (5) working days from receipt by the owner of the vicious dog declaration. Failure to appeal the declaration of vicious dog within five (5) working days shall result in the Animal Control Official's declaration as final. -4- • • Sec. 5-149 DETERMINATION HEARING 1. Upon the written request for a Determination Hearing by the owner of a dog declared vicious under Sec. 5-146 1(c) and 1(d), the Director of the Health Department or his designee shall schedule said hearing. The Director of the Health Department shall appoint a hearing officer. The Determination Hearing shall be conducted within ten (10) working days of receipt of the request for such hearing. The owner shall be notified of said hearing by certified mail, return receipt requested. Failure of the owner of the dog to appear at the Determination Hearing shall result in the Animal Control Official's declaration as final. Pending the outcome of the Determination Hearing, the dog must be securely confined in a humane manner in a commercial kennel, or with a licensed veterinarian, or in the animal control facility's shelter. The costs of securing said dog pending the Determination Hearing shall be borne by the owner. 2. The hearing officer shall determine whether to declare the dog to be a vicious dog under this chapter based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, Health Department personnel, Animal Control personnel, police or any other person possessing information pertinent to such determination. 3. The hearing officer shall issue findings within five (5) working days after the Determination Hearing. The owner of the dog found to be vicious by this hearing has the right to appeal the decision to Municipal Court within five (5) working days of receiving such decision. Failure to appeal within the time allotted shall result in the hearing officer's decision as final. A municipal court judge shall conduct the appeal as an administrative proceeding for the purpose of confirming or overruling the determination of the hearing officer. Sec. 5-150 DEFENSE TO DECLARATION OF VICIOUS DOG. It is a defense to the determination of a dog as vicious and to the prosecution of the owner of a dog: 1. if the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog; or 2. if the person was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog; or -5- • 3, if the person was committing or attempting to commit a crime; or 4. if the domestic animal killed was at the time teasing, tormenting, abusing or assaulting the dog; or 5. if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or 6. if the dog was injured and responding to pain; or 7. if the dog was protecting her puppies, itself or its kennelmates. Sec. 5-151 REQUIREMENTS OF VICIOUS DOG OWNERS. An owner of a dog declared to be a vicious dog under this Chapter must comply with the following within thirty (30) days of . such final determination. Compliance with these requirements will be determined by the Health Department or Police Department. 1. the dog must be licensed in accordance with this Chapter; and 2. the vicious dog shall at all times wear a collar marked with a fluorescent yellow color visible at fifty (50) feet so that the dog can be identified as a vicious dog; and 3. the vicious dog must be kept in a proper enclosure; and 4. the owner must present to the Health Department a Certificate of Public Liability Insurance in the amount of $100,000.00 to cover any damages caused by the vicious dog. The insurance shall be kept in effect continuously and shall not be cancelled unless the dog is no longer kept by the owner; and 5. the vicious dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the vicious dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal; and the vicious dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six (6) feet in length; and 6. the owner shall post a sign on his premises warning that there is a vicious dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the Health Department shall design and produce a uniform vicious dog symbol or decal, understandable by small children which shall be made available at cost to the public. Such symbol or decal must be displayed on or about the sign; and -6- • 7. the owner shall have the vicious dog tattooed on the inside left rear leg with a vicious dog license number issued by the Health Department. 8. the vicious dog must be spayed or neutered. 9. the owner must attend a class on responsible pet ownership conducted by the Health Department. if the owner of a dog declared to be vicious under this Chapter is unable or unwilling to comply with the ownership requirements listed above, the dog shall be euthanized by an animal shelter, animal control agency, licensed veterinarian or the City Animal Control Division. A dog declared to be vicious under this Chapter shall not be offered for adoption or sale. Sec. 5-152 NOTIFICATION OF CHANGE OF STATUS. The owner/keeper shall notify the Director of the Health Department or his designee within twenty-four (24) hours if a vicious dog is loose, unconfined, has attacked another animal, or has attacked a person, or has died, or has been sold or given away. If the dog has been sold or given away, the owner/keeper shall provide the Director of the Health Department or his designee with the name, address, and telephone number of the new owner/keeper. The new owner/keeper must sign a sworn statement that he will comply with all of the requirements of owners of vicious dogs. The new owner/keeper must comply with the requirements of owners of vicious dogs within thirty (30) days of ownership of vicious dog. Sec. 5-153 PENALTIES FOR VIOLATION. 1. The owner of a dog which, when unprovoked, inflicts severe injury or death to a person or bites a person on public or private property; or which kills a domestic animal without provocation while off the owners property shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $200.00 but not more than $2,000.00. 2. It shall be a violation of this chapter for a vicious dog to kill or wound, or assist in killing or wounding any domestic animal belonging to or in the possession of any person, or for a vicious dog to attack, assault, bite or otherwise injure any person or assist in attacking, assaulting, biting, or otherwise injuring any person while out of or within the enclosure of the owner whether or not such vicious dog was on a leash and securely muzzled or whether or not the vicious dog escaped without fault of the owner. The Animal Control Official is empowered to confiscate and destroy such vicious dog in an expeditious and humane manner. In addition the owner shall be subject to a fine of not less than $200.00 and not more than $2,000.00. -7- t •' , 3. It shall be a violation of this chapter for the owner of a vicious dog to: (a) fail to have the vicious dog licensed in accordance with this Chapter; or (b) have a vicious dog outside the enclosure unless muzzled and restrained by a leash or chain as set out in Sec. 151(5); or (c) fail to have a proper enclosure to confine the vicious dog; or (d) fail to post signs around the premises with clear visible warning signs that there is a vicious dog on the premises; or (e) fail to post signs with an appropriate warning symbol which informs small children of a vicious dog on the premises; or (f) fail to secure and maintain public liability insurance of at least $100,000.00; or (g) fail to collar the vicious dog with a collar marked with a yellow fluorescent color visible at fifty (50) feet; or (h) fail to have the vicious dog's inside left rear leg tattooed with a vicious dog license number issued by the Health Department; or (i) fail to have the vicious dog neutered or spayed; or (j) fail to attend the class on responsible pet ownership conducted by the Health Department; or (k) fail to notify the Health Department of a change of status as set out in Sec. 5-152. (1) fail to keep the dog confined at no cost to the City during the hearing process as required by Section 5-149 (1) . If the owner of the vicious dog is found to be in violation of any of the above, the owner shall be subject to a fine of not less than $200.00 but not more than $2,000.00. 4. Exemptions The provisions under this section shall not apply to any law enforcement agency where a dog is being used for law enforcement. -8- 1' .. ~ , 5. A rebuttable presumption shall exist that the owner or keeper acted in a criminally negligent manner with regard to any actions brought under Section 5-153, Subsections 1, 2, or 3 of this section. SECTION 2. Severability, Publication and Effective Date. 1. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 2. The City Clerk of the City of San Antonio, Texas, is hereby directed to publish the caption and Sections 5-146(1)_, 5-151, and 5-153 of this ordinance for one (1) day in the official newspaper of the City of San Antonio, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. 3. This ordinance shall be in full force and effect from and after May 1, 1988, and its passage and publication as required by law, and it is so ordained. -~ PASSED AND APPROVED this -~~ ~ day of ~G~ , 1988. /~ M A Y 0 R ATTEST. ity Clerk APPROVED AS TO FORM: ~ ~ City ~A torney -9- N. 1"nis infc~~a~ is ~r~a~ci~3~.( VICIOUS ANIMAL (1) When the animal warden receives informaton that an animal has bitten, scratched, or otherwise attacked any person within the corporate limits of the city, he shall investigate and, if in his opinion the animal is vicious, he shall take such animal into custody and immediately make such fact known to the judge of the municipal court who shall thereupon direct that a hearing be held as hereinafter pro- vided. If the identity or address of the owner or person having custody or control of such animal can be determined after a reasonably diligent search, such person shall first be notified of the pendency of such hearing and summoned to appear within ten (10) days before the judge of the municipal court of the city, said judge being hereby vested with jurisdiction with the purpose of hearing such cases. If it is determined that the animal is vicious, the said judge is hereby authorized and directed at his discretion to order that the animal be kept muzzled, that the animal be taken out of the cor- porate limits of the city, or that the animal be destroyed by the animal warden as a public nuisance. (2) For the purposes of this subsection, a vicious ani- mal is hereby defined as: (a) Any animal that shall bite, scratch or otherwise attack any person or other ani- mal without provocation, while the person so attacked was not trespassing on the property of the owner or person having the custody or control of such animal and was not engaged in assault upon either the owner or person having custody or control of such animal or upon any member of the immediate family, or (b) Any animal that has otherwise demonstra- ted fierce or dangerous propensities. (3) Any owner or person having custody or control of such animal who shall attempt to impede the en- forcement of this subsection by refusing to abide by the order of the judge as to proper restrictions on such animal or, by refusing to deliver such ani- mal for impoundage or, by concealing such animal from an animal warden or, by otherwise willfully interfering with the impoundage of such animal shall be guilty of a misdemeanor. Supp. No. 5 13 Such dogs may be not leashed to inanimate objects such as buildings, etc. In addition, all pit bull dogs trees, posts, on a leash outside the animals kennel must be muf omd biting muzzling device sufficient to prevent such dog persons or other animals. (Z) Confinement: All reigi a esecurely encloseds andallocked spen eor con fined indoors •r kennel, except when leashed and muzzled as provided above. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structures must have or stheresidest of the f pen must hbe to the sides of the pen, embedded in the ground no less than two (2) feet. Alwith r 1 tures erected to house pit bull dogs must comply zoning and buildaeguatelylalighted and ventilated Aands kepts in a tures must be a q clean and sanitary condition. (3) Confinement Indoors: No pit bull dogs may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own voli- tion. In addition, no such dog may be kept in a house or structure when cee the donly aobstacle opreventing ethewdog wfrom screen doors a exiting the structure. (4) gds: All owners, keepers, or harborers of registered pit bull dogs within the city shall, within ten (10) days of the effective date of this section, display in a prominent place on their premises a sign easily readable by the public, using the words; "BEWARE OF DOG," in addition, a similar sign is required to be posted on the kennel or pen of such animal. (5) Insurance: All °'"n e(10) days rof the effective date pof this dogs must within to section provide proof t e thn gty single fine dent amount of public liability insuranc erson or ;50,000.00 for bodily injury to or death of an arsons which persons or for damage to property ke pin byor n maintenance of may result from the ownership, g such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice by registered mail is first given to the ani- mal control director. keepers or harborers (6) Identification Photo ra hs: All owners, o registered pit bulls dsection s prov den toe the Oanamal control effective date of thi director two (2) color a d agrroximate s ze of gheeanimalnimal clearly showing the color PP ~, ~~ SECTION 7: VICIOUS ANIMALS A. PROHIBITED ;:~ ~ k~p~•~~i peel :7 : x r 4 :~ 4 i"': t.;lt~ Est.;~r?, ~ ,. ~... j~ t.... No person shall keep or permit to be kept any vicious dog or other vicious animal. In the event a person is charged with violation of this section, the animal control director or police officer may impound the animal until such time as the animal can be properly disposed of. B. DEFINITIONS A vicious dog as the term is used in this section means: (1) Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or (2) Any dog which attacks a .human being or a domestic animal on two (2) or more occasions without provocation; or (3) The "Bull Terrior" breed of dog; (4) The "Staf fordshire Bull Terrier" breed of dog; (5) The "American Pit Bull Terrier" breed of dog; (6) Dogs of mixed breeds or of other breed than above listed which breed or mixed breed is known as pit boils, pit bull dogs, or pit bull terriors; (7) Any dog which has the appearance and characteristics of the bull terrior, Staffordshire bull terrior, American pit bull terrier, American Staffordshire terrior, and other breeds commonly known as pit bulls, pit bull dogs, or pit bull terriers or a combination of any of these breeds. C. KEEPING OF PIT BULLS PRIOR TO PASSAGE The provisions of this section are not applicable to owners or keepers or harborers of pit bull dogs prior to enactment of this section, provided, however, such dogs shall be registered with the city, and the keeping of such dogs, shall be subject to the following: (1) Leash and Muzzles: No person shall permit a registered pit bull to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. 30 • • •, 4 t SECTION 10: DISPOSITION OF UNREDEEMED DOGS If the owner of any animal impounded under the provisions of this chapter shall not apply to the animal control director and pay such fees and fines as provided within seventy-two (?2) hours from the time such animal is confined in the city pound, the animal control director is hereby authorized to sell such animal at pri- vate sale and the proceeds of such sale shall be deposited with the city secretary and credited to the general fund of the city. In the event the owner fails to claim such animal within the time provided and the animal control director is unable to sell the animal, it shall be the duty of the animal control director to destroy same. SECTION 11: QUARANTINE OF ANIMALS WHICH• HAVE BITTEN PERSONS Every animal that has rabies or symptoms thereof, or animal that bites, scratches or otherwise attacks any person within the cor- porate limits of the city shall be immediately and securely con- fined by the animal control director and shall make daily inspections of the animal for a period of ten (10) days after the bite. The animal control director may require that the animal be kept in an approved pound or veterinary hospital with the fees to be paid by the owner or harborer of said animal. SECTION 1Z: KEEPING UNLICENSED DOGS PROEIIBITED It shall be unlawful for any person within the corporate limits of the Town of Edgecliff Village, Texas, to own, keep, possess, harbor or allow to remain upon premises under their control, any dog, male or female, without having obtained a license therefor as herein provided. SECTION 13: DOG LICENSES A. REQUIRED Upon the payment of such license fee, as provided herein, the city shall issue a receipt, license and numbered metal tag; provided that no license shall be issued for any dog owned, kept, possessed, harbored or allowed upon the premises of any person or under his control unless, within twelve (12) months prior to the issuance of such license, said dog shall have been first vac- cinated against rabies by a veterinarian duly licensed to practice in the State of Texas, and a certificate to such affect, duly signed by such veterinarian, and giving the date of such vac- cination, filed with the city secretary. The metal tag shall be 33 f • • • (7) Reporting Requirements: All owners, keepers, or harborers of registered pit bull dogs must within ten (10) days of the incident, report the following information in writing to the animal control director as required hereinafter: (e) The removal from the city or death of a registered pit bull dog; (b) The birth of offsprings of a registered pit bull dog; (c) The new address of a registered pit bull dog owner should the owner move within the corporate limits. (8) Sale or Transfer of Ownership Prohibited: No person shall sell, barter or in any other way dispose of a pit bull dog registered with the city to any person within the city unless the recipient person resides permanently in the same house- hold and on the same premises as the registered owner of such dog, provided that the registered owner of a pit buU dog may sell or otherwise dispose of a registered dog or the offsprings of such dog to persons who do not reside within the city. (9) Animals Born of Registered Dogs: All offsprings born of pit bull dogs registered with the city must be removed from the city within six (6) weeks of the birth of such animals. (10) Irrebuttable Presumptions: There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by this subsection is in fact a dog subject to the requirements of this subsec- tion. SECTION 8: NUMBER OF DOGS No person shall keep or harbor more than two (2) dogs of any breed within the corporate limits of the city. Except with the approval of the animal control director one (1) dog shall be allowed to visit for not more than two (2) weeks in a month. SECTION 9: IMPOUNDING OF ANIMALS RUNNING AT LARGE It shall be the duty of the animal control officer or any police officer to take up any dog found running at large or unlicensed and confine such dog in the city pound for seventy-two (72) hours during which time the owner, upon satisfactory proof of ownership, licenses, and shots may redeem his animal upon payment of all fines and fees to the animal co ntrol director or court clerk. 32 .f I V Ia~~, WS V Y l ~( ~1 f c i~ c(, 10 r d i vt a n C,2S .L ORDINANCES CUMULATIVE SUPPLEMENT X41.12.60 ng any act done in self-defense or done to defend person. ion 4. Fighting.) No person shall arrange for animals hether rabies vacci- . It depends on the entry involved. The insult with licensed ~ccination. hether rabies vacci- It depends on the ntry involved. The vault with licensed ccination. ordinance, the ngs, unless the ng is intended: got including a vo person shall or suffering or on any animal. ~t intense and iently repeated arson's control. ng in section 2 ed veterinarian of veterinary ed to prohibit but no experi- onged pain or i and suffering interpreted as to fight. person shall promote any fight between . No person sh ttend any arranged fight betty animals. Section 5. Penalty.) Any person, or corporation violating any pro 'sions of this ordin shall be fined not less than five dollars n more than fiv undred dollars for each offense, and a separa off each day during or on Section 6. [Optional permitted in the city a 1 hunting.) Nothing in is prohibiting actions eceas~ s be deemed committed on violation occurs or continues. ;tion: Use only if hunting is he ordinance.] Exception for iin ce shall be interpreted as to la hunting activity. ~ 41.12. Dog General rE At end Section 2 add:' ~ Vete ' s make different recommendations on whe er rabies vacci- nation n to be given each year or at longer intervals. It nds on the vaccin used and on the conditions in the part of the country in lved. The age the animal also is considered. Each city should consult wi icensed ve rinarians before passing any ordinance on rabies vaccination. $41.12.60. Vicious dogs not permitted. ~. Section 1. Findings and policy.) The City Council of the City of finds that vicious dogs are so dangerous that they constitute a threat to children and others in the city. Vicious dogs occasionally escape from the yard or building in which they are kept, by slipping under a fence, jumping over a fence, slipping out through a door or gate temporarily opened or unlatched, breaking the leash or chain, or pulling up the anchor for the chain or leash. Children too young to read may wander too close to a dog, even in the presence of "beware of the dog" signs. It is the policy of the City that children and others should not have to assume the risk of a vicious dog having an opportunity to attack or to kill. The City Council finds that the benefits to a dog owner in owning a dangerous dog are outweighed by dangers to children and to the general public. ~~Ytit: 4¢{r~°,~i'^";~§jr-JS'y ~c f'ti"a";~,rFC`j{^_~ 17 ,2 ~ ;_a , ,~:: , . K ~[; :;. _. ,,;~~ ,.~_y: ,'~~. ~1 ~,~$ ,4~,i ;~~ _, ~~~ fie, ~~~ § 41.12.50 MUNICIPAL ORDINANCES CUMULATIVE ~ Section 2. Definitions.) As used in this ordinance, the prohibit the co following terms shall have the following meanings, unless the Such applicatio context clearly indicates that a different meaning is intended: restraining orde City: the City of tion. Vicious dog: any dog that has bitten or attacked any person, Section 8. and any dog that has attempted to bite or to attack any person. violating any p A dog shall be deemed to be attempting to attack if it is than five dolla restrained by a leash, fence or other means, and it is clear from ' separate offens the dog s excited actions that only the presence of the leash, or on which a fence or other means of restraint is preventing the dog from making an immediate attack. ~ This ordina; Section 3. Keeping of vicious dogs prohibited.) No person behavior. At leas shall keep any vicious dog anywhere in the city. prohibiting all Pit. Section 4. Duty of landlords and agents.) No landlord or breed. In our opin landlord's agent shall knowingly permit any tenant to move in a it a-ay be difficul vicious dog into any building or premises owned or controlled by there is not agreer t r such landlord or agent. No landlord or landlord's agent shall dinance presen o mixture. permit any person to keep any vicious dog in any building or premises owned or controlled by such landlord or agent. Any §41.12.60. landlord or agent learning of any vicious dog in any building or eontrol.~ premises owned or controlled by such landlord or agent shall Section 1 notify the person having such dog to remove the dog from the following tern city immediately. context clearl Section 5. Exclusions.) It is not the intent of this ardi- Animal s. Hance to prohibit the police department from using any trained ager for the c dog that may attack on command, provided that each such dog Animal ~' must be in the presence of its handler or confined in accordance employee. with police department policy at all times. City: Tl Section 6. Impoundment and rabies.) This ordinance Dangero~ shall not prohibit the temporary impoundment in the pity death or ser- Pound of any dog. This ordinance shall not prohibit the holding of any vicious dog suspected of rabies or any vicious dog that which: has bitten a person, provided that such vicious dog may be held (1) Ha: only in the City Pound or in a secure place operated or eng; immediately supervised by a licensed veterinarian. (2) Hai Section 7. Nuisance, injunction.) Any violation of this pro ordinance is hereby declared to be a nuisance. In addition to any or other relief provided by this ordinance, the city attorney may (3) Ha apply to a court of competent jurisdiction for an injunction to apI 18 ORDINANCES CUMULATIVE SUPPLEMENT X41.12.60 rdinance, the ;s, unless the prohibit the continuation of any violation of this ordinance. is intended: Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunc- d any person tion. , k any person. Section 8. Penalty.) Any person, firm or corporation ;tack if it is violating any provision of this ordinance shall be fined not less is clear from than five dollars nor more than $500 for each offense, and a of the leash, separate offense shall be deemed committed on each day during he dog from or on which a violation occurs or continues. •) No person ~ This ordinance uses the approach of defining a vicious dog by its behavior. At least one community has used an alternative ,approach by landlord prohibiting all Fit Bulldogs using the American Kennel Club definition of the b d I or ree . n our opinion there are unsettled legal questions in that approach, and ~o move in a it may be difficult to get support for an ordinance banning all of a breed if ontrolled by there is not agreement that all members of the breed are dangerous. The model agent shall ordinance presented here can be used to cover vicious dogs of iany breed or building or mixture. agent. Any building or § 41.12.60. Dangerous dogs, vicious dogs and rabies agent shall control. •g from the Section 1. Definitions.) As used in this ordinance, the following terms shall have the followin meanin g gs, unless the this ordi- context clearly indicates that a different meaning is intended: any trained Animal shelter: The facility designated by the city mars- h such dog ager for the detention of animals. accordance Animal Warden: The animal warden of the city, or his employee. ordinance ~ City: The City of the City Dangerous Dog: Any dog which is capable of, inflicting ie holding death or serious injury on an person or another animal and dog that which: iY be held erated or (1) Has, without provocation, attacked or bitten a person i engaged in a lawful activity; or n of this (2) Has, while off the property of its owner and without on to any provocation, killed or seriously injured another animal; •ney may or lction to (3) Has, without provocation, chased, confronted or approached a person on a street, sidewalk' or other 19 §41.12.60 MUNICIPAL ORDINANCES CUMULATIVI public property in a menacing fashion such as would the dog has t name or add put an average person in fear of attack; or animal shelte (4) Has exhibited a propensity, tendency or disposition to owner within attack, cause injury or threaten the safety of persons or a license tag, other animals without provocation; or person in wh (5) Has acted in a manner that causes or should cause its obtaining th owner to know that it is potentially vicious. writing, by ~ Dog: The word "dog" shall include both the male and having been female sex of the species. has no name Dog warden: Animal warden. otherwise kn Owner: Includes any person having a right or property in notice shall 1 a dog, and any person who keeps or harbors a dog or has it in his written noti~ care, or who acts as its custodian, and any person who permits a shall, in addi dog to remain on or about any premises occupied by him. to give noti Run at large: Roaming, running, or self-hunting off the (b) Th property of its owner or custodian and not under its owner's or possession c custodian's immediate control. the operato Seeing eye dog: Any dog that is trained and serves as a reasonable c guide for a blind person. a dog; prow Vicious dog: Any dog which: (1) If t (1) Has caused death or serious injury to a person engaged prc in a lawful activity; shy (2) Has, on two or more occasions within a 12-month (2) If ~ period, attacked or bitten without provocation aper- orc son engaged in a lawful activity; (3) All (3) Has, on two or more occasions within a 12-month be period, while off the property of its owner and without provocation, killed or seriously injured another animal; (c) An or redeemed b~ (4) Has been trained for dog fighting or is owned or kept released to for the purpose of dog fighting. payment of Section 2. Owners and custodians not to let dogs run at and upon ordinance; large.) It shall be unlawful for the owner or custodian of any dog days after to permit his dog to run at large in the city at any time. that notice Section 3. Impounding of dogs running at large; redemp- the requirE tion of impounded dogs; disposition of unredeemed dogs.) (a) Any dog observed by the animal warden to be running at large shall be impounded and kept at the animal shelter. If 20 ORDINANCES CUMULATIVE SUPPLEMENT 041.12.60 such as would the dog has upon it the name or address of the owner, or such ~k; or name or address is otherwise known to the operators of the disposition to animal shelter, then the operators of the shelter shill notify the v of persons or owner within 24 hours after seizure of the dog. If th'e dog has on a license tag, then the operators of the shelter shawl notify the ould cause its person in whose name the license stands within 24 hours after icious. th obtaining the name. Notice of the impounding shall be in writing, by mail, postage prepaid and shall b c e male and , e onstrued as having been given at the time of ostin . If the do P g ~ impounded has no name, address or license tag on it and the gwner is not 'r property in otherwise known to the operators of the animal shellter, then no r has it in his notice shall be necessary. Notwithstanding the above, whenever 'ho permits a written notice is required the operators of the animal shelter shall, in addition rior to ili 'd by him. , p ma ng, make one reasonable attempt to give notice by telephone sting off the -s owner's or . (b) The owner of an do Y g impounded shall be entitled to possession of the dog upon proof of ownership satisfactory to serves as a the operators of the animal shelter and the payrment of a reasonable charge designated by the city mana er for'th k g e eep of a dog; provided however, that before release to azty person: son engaged (1) If the dog has not been inoculated against rabies, the 12-month provisions of this ordinance relative to inoculation shall be complied with at the owner's expense tion a per- . (2) If the dog is not licensed, a license as required by this ordinance shall be secured. 12-month (3) All the other applicable sections of this ordinance shall id without be complied with. per animal; (c) Any dog which has been impounded and has not been 'd or kept redeemed by the owner may be destroyed, or redeemed by and released to any person d i i es r ng to give the dog a home upon the payment of a reasonable charge designated by the city manager and 'gs run at ,f any dog upon compliance with the applicable provisions of this ordinance; provided, that any dog shall be held for at least fi Y time. redem ve days after impounding, and in those cases where it is required that notice be given the h l p- dogs.) owner, e d for at least five days after the required notice has been given. ' running helter. If 21 ,e X41.12.60 MUNICIPAL ORDINANCES CUMULATIV (d) The sums collected pursuant to the provisions of this section shall be accounted for and promptly paid over to the having person director of finance for deposit in the general fund of the city. of the dog i~ Section 4. Keeping dogs under restraint.) It shall be (c) Upc unlawful for the owner of any dog to permit the dog to be off his warden shah premises unless it is kept secured by a leash or lead or other complaint is means of restraint not harmful or injurious to the dog and under (1) If t the control of a responsible person capable of physically vici~ restraining the dog; provided, that the restraint. may be removed com from a dog for so long as a dog is in an area designated by the no city manager pursuant to section - of this ordinance - as a (2) If tl dog exercise area. Section 5. Vicious and dangerous dogs generally ) war. t . (a) It shall be unlawful for any person to keep within the as forv~ city any vicious dog. Upon finding that a dog is vicious a court and , of competent jurisdiction may order the dog to be impounded that and destroyed, or to be removed from the city. city (b) It shall be unlawful for any person to keep within the i city any dangerous dog, except in compliance with a permit issued by the city mana er und ti aga imp g er sec on 7 below. Section 6. Complaints of vicious and dangerous dogs; (3) If tl war processing of complaints.) (a) Any person may make a verbal or written complaint to tion rt the city animal warden of a dog which the complainant believes pe belc to be vicious or dangerous. The complaint shall include suffi- cient information to enable the animal warden to ascertain the Section location and owne* of the dog and shall also include the reasons (a) Req why the complainant believes the dog to be vicious or danger- ness of dog. ous. In the case of a verbal complaint, the complaint shall be put warden that in writing by the animal warden. A copy of the complaint shall ately issue t~ then be mailed by the dog warden to the owner of the dog at the ' This permit owner s last known address. within the c (b) Within 10 days of the making of the complaint the requirement , animal warden shall undertake an investigation to determine include those whether the dog identified in the complaint is vicious or dangerous. Such investi atio h ll i l and such otr th t g n s a nc ude an opportunity for the owner of the dog to present evidence to the warden no peg a requirement pertinent to the viciousness or dangerousness of the dog, and i (1) Thy may nclude interviews with the complainant and other erson p idea 22 ORDINANCES CUMULATIVE SUPPLEMENT §41.12.60 ~isions of this 1 over to the having personal knowledge regarding, the dog, and observations ~ of the city. of the dog in its normal habitat. It shall be to be off his (c) Upon completion of the investigation, the animal warden shall determine whether the dog identifi d i ead or other e n the complaint is vicious or dangerous. ~~g and under ,f physically (1) If the warden determines that the dog is neither i • be removed v cious nor dangerous, the warden shall inform the rated by the complainant and the owner of the determination and once - as a , no further action shall be taken on the complaint. (2) If the warden determines th t th °ally.) a e dog is vicious, the warden shall put the determination in writing as well within the , as the reasons supporting it. The warden shall then forward this written determi ti pus, a court impounded na on to the complainant and the owner and, in addition, shall notify the owner that the dog must be destroyed or removed from the within the 1 a i city. The warden may issue a summons or warrant against the owner of a vicious do d i perm t g an mmediately impound the dog. rous dogs; (3) If the warden determines that the dog is dangerous the , warden shall notify the city manager of the determina- mplaint to tion and of the requirements to be included in the it believes permit to be issued by the manager under section 7 below ude suffi- . ertain the Section 7. Dangerous dog permit.) ~e reasons (a) Requirements; issuance; determination of dangerous- r danger- all be put ness of dog. Upon receipt of a determination by the animal warden that a dog is dan ~int shall l gerous, the city manager shall immedi- ately issue to the owner of such dog a dangerous dog ermit og at the p . This permit shall authorize the continued keeping of the do aint the g within the city only so long as the owner complies with the re ui , etermine ~ q rements set forth in the permit. Such requirements shall include those recommend d cious or i e to the manager by the dog warden and such others as the manager determines necessary to e an ty for warden nsure that no person or animal is injured by the dog. Permit r i log, and equ rements may include, but are not limited to, the following: ~ person ~ (1) That the dog wear a special and conspicuous form of identification (such as a blaze orange collar); 23 $41.12.60 MUNICIPAL ORDINANCES CUMULATIVE ; (2) That the owner immediately notify the animal warden dente in the event the dog is loose and unconfined, has licensE attacked or injured a human being or another animal , has been sold or given to another person, or has died; any p. Condit (3) That the dog, while on the property of the owner, be (2) Withii confined indoors or in a securely enclosed and locked shall r structure, suitable to prevent the entry of children and of the designed to prevent the dog from escaping; that tl (4) That the owner display one or more signs on his in the property which provide a clear warning to children of be dal all ages and adults that a dangerous dog is present on shall 1- the property; the cc (5) That, while off the owner's property, the dog be dange muzzled, restrained in a particular manner, or both, out in and the dog must be under the control of an adult; neces~ (6) That the owner attend one or more educational classes anima on the responsible keeping of dangerous dogs; and requir (7) That, upon request of the city manager, the owner as mo make the dog available for inspection by the animal it. Tl warden. requir (b) Reconsideration of requirements; hearing; evidence (c) Coml allowed; revocation of permit; modification of requirements. owner. In the e (1) Within ten days of receipt of a permit issued under with any of tt subsection (a), the owner of the dog may request in under this sect. writing that the city manager reconsider the determi- of the failure, nation that the dog is dangerous or reconsider some or receipt of the n all of the requirements set forth in the permit or both permit. If the . Upon receipt of such a request, the manager shall offer authorized to sf the owner an o ortunit to PP y present at an informal tion requiring hearing evidence pertinent to the dangerousness of the (d) Requ dog and to the requirements identified in the request dog warden; fe~ for reconsideration. Written notice of the date, time dog who belie certain require and place of such hearing, as well as of the person designated by the ma t necessary for t. nager o serve as the hearing officer, shall be sent to the owner and the complainant request the ani at least seven days prior to the hearing. At the hearing dog is a dang , in addition to receiving evidence from the owner and requirements; the complainant, the hearing officer may receive evi- within the firs tion that the 24 PAL ORDINANCES CUMULATIVE SUPPLEMENT § 41.12.60 the animal warden d unconfined, has or another animal, erson, or has died; y of the owner, be .iclosed and locked try of children and escaping; nore signs on his zing to children of dog is present on erty, the dog be manner, or both, ntrol of an adult; educational classes Brous dogs; and Hager, the owner ~n by the animal tearing; evidence of requirements. mit issued under may request in ider the determi- ~consider some or e permit or both. anager shall offer t at an informal gerousness of the 'd in the request ,f the date, time is of the person as the hearing the complainant ;. At the hearing, n the owner and may receive evi- dence from the animal warden, a veterinarian, a licensed animal trainer, a humane society agent and any person having personal knowledge of the dog's condition. (2) Within ten days of the hearing, the hearing officer shall notify in writing the owner and the complainant of the decision whether to confirm the determination that the dog is dangerous and the requirements set out in the permit. If the officer determines the dog not to be dangerous, the permit issued under subsection (a) shall be revoked and no further action shall be taken on the complaint. If the officer confirms that the dog is dangerous but decides that certain requirements set out in the permit issued under subsection (a) are not necessary for the protection of the public and other animals, the officer shall delete or modify those requirements but otherwise confirm both the permit, as modified, and the owner's obligation to comply with it. The officer may confirm the permit and the requirements set out in it. (c) Compliance; removal of dog for noncompliance by owner. In the event an owner of a dangerous dog fails to comply with any of the requirements imposed under a permit issued under this section, the city animal warden shall notify the owner of the failure, and the owner shall have ten days following receipt of the notice in which to come into compliance with the permit. If the owner fails to do so, the city manager is authorized to seek an order from a court of competent jurisdic- tion requiring that the dog be removed from the city. (d) Request for rescission or modification of permit by dog warden; fee; information required. An owner of a dangerous dog who believes that the dog is no longer dangerous or that certain requirements set out in the dog's permit are no longer necessary for the protection of the public and other animals may request the animal warden to rescind the determination that the dog is a dangerous dog or to delete or modify those permit requirements; provided, that no such request may be made within the first twelve months following the initial determina- tion that the dog is dangerous. Such a request must be 25 X41.12.60 MUNICIPAL ORDINANCES CUMULATIVE ~ accompanied by the fee required by subsection (e). In reviewing summons or w~ such a request, the warden may require the owner to produce the sentative of the dog for inspection, to allow the warden to observe the dog in its rian reports the natural surroundings and to submit information pertinent to the period of to the dangerousness of the dog. In the event the warden deter- a report of rabi mines that the dog is no longer dangerous, the permit issued out before the under this section shall be revoked. In the event the warden immediately r. determines that the dog still constitutes a dangerous dog but disposition of that certain requirements contained in the permit are no longer to the owner necessary, the warden may delete those conditions from the (c) If an permit or modify them. this section wi (e) Fees. The owner of any dog subject to a permit issued order issued p under this section shall pay to the dog warden, within ten days in question sh of the issuance of the permit or, if applicable, of a hearing under observa officer's confirmation of the permit, a fee of $-. Any owner days and the requesting the rescission or modification of a permit under section. subsection (d) shall pay a fee of $- at the time he makes the Section 9 request. the duty of ev Section 8. Impounding of vicious dog; confinement of dog a dog four me which has committed an attack.) inoculated wi (a) Whenever a summons or warrant is sworn out against of public heal the owner of a dog charging maintenance of a vicious dog, the the director o dog in question shall be impounded and kept at the animal ' expense of in shelter, at the owner s expense, pending final disposition of the the owners o. case, provided such animal is not destroyed as provided by licensed vete Section 10 or pursuant to any applicable state law or city presented by ordinance. (b) Whenever a report is made, as provided by Section 9, registration v of a person being bitten by a dog or a notice is received by the Section police department, health department, animal warden, or the the duty of e operators of the animal shelter of a dog having bitten a person a cat four m or animal, but no summons or warrant is sworn out charging inoculated w maintenance of a vicious dog, the animal warden shall immedi- of public hey ately issue an order to the owner of the dog directing that the the director dog be confined under quarantine and kept under observation expense of i on the premises of the owner or a private kennel or veterinarian the owners for a period of ten days at the expense of the owner, during licensed ve which time the dog shall not leave the premises, and the order presented t shall be served upon the owner by the animal warden. If no registration 26 ORDINANCES ~). In reviewing • to produce the e the dog in its .n pertinent to warden deter- permit issued ant the warden gerous dog but it are no longer tions from the ~ permit issued vithin ten days ~, of a hearing -. Any owner permit under he makes the inement of dog ern out against icious dog, the at the animal position of the s provided by to law or city i by Section 9, •eceived by the ~varden, or the Bitten a person n out charging :shall immedi- ~cting that the per observation or veterinarian owner, during and the order warden. If no CUMULATIVE SUPPLEMENT ¢41.12.60 summons or warrant is forthcoming and an authorized repre- sentative of the director of public health or a licensed veterina- rian reports that the dog shows no symptoms of rabies during the period of ten days, the dog shall be released to the owner. If a report of rabies is made or if a summons or warrant is sworn out before the expiration of the ten-day period, the dog shall be immediately removed to the animal shelter pending a final disposition of the case, and the costs incurred shall be charged to the owner of the dog. (c) If any owner does not comply with the provisions of this section within 24 hours from the time he is served with an order issued pursuant to the provisions of this section, the dog in question shall be impounded at the animal shelter and kept under observation at the owner's expense for a period of ten days and the owner shall be charged with a violation of this section. Section 9. Inoculation of dogs against rabies.) It shall be the duty of every resident of the city owning or ir. possession of a dog four months old or older within the city to have such dog inoculated with an antirabies vaccine approved by the director of public health, which inoculation shall be repeated as often as the director of public health may from time to time specify. The expense of inoculation of dogs against rabies shall be borne by the owners of such dogs. The inoculation shall be made by any licensed veterinarian. A certificate of vaccination shall be presented by the veterinarian to the health department for registration within ten days after inoculation. Section 10. Inoculation of cats against rabies.) It shall be the duty of every resident of the city owning or in possession of a cat four months old or older within the city to have the cat inoculated with an antirabies vaccine approved by the director of public health, which inoculation shall be repeated as often as the director of public health may from time to time specify. The expense of inoculation of cats against rabies shall be borne by the owners of such cats. The inoculation shall be made by any licensed veterinarian. A certificate of vaccination shall be presented by the veterinarian to the health department for registration within ten days after inoculation. 27 §41.12.60 MUNICIPAL ORDINANCES CUMULATIVE SUPT Section 11. Procedure as to dogs and cats suspected of having rabies.) Dogs and cats suspected of having rabies and dog or other anima exhibiting the common symptoms of this disease shall be animal's head shal impounded either at an animal shelter or at a private veterina- Section 14. F rian's establishment in solitary confinement and kept under violating any provi~ observation for a period of ten days. At the time any dog or cat fifty dollars nor mo is impounded an attempt shall be made by the dog warden or a and a separate offe deputy dog warden to find out whether or not the dog or cat has during or on whic been previously inoculated against rabies. If it is found that the with son ~ Based dog or cat has not been effectively inoculated or there is any , courtesy of John W. He doubt as to whether or not the dog or cat has in fact been G. Sunderland, City ~ inoculated, then the dog or cat shall be inoculated on the last Veterinarians mak day of the above-mentioned observation period. The director of nation needs to be gi public health has authority to cause to be destroyed any dog or conditions in the part cat which in his opinion has rabies, and to have the head of the city should consult lic dog or cat examined. All expenses in connection with the rabies vaccination. provision of this section shall be borne by the owner of the dog § 41.13. Dange or cat in question. Section 12. Reports of animal bites.) § 41.14.10. - ~ (a) Any owner whose animal bites a person shall immedi- Section 1. I ately notify the dog warden, a deputy dog warden, the health following terms sl department or police department of the city. context clearly in (b) It shall be the duty of every physician and medical Dangerous A~ practitioner practicing in the city and of every hospital in the threat to human b city to report to the dog warden, a deputy dog warden or the propensity to attar health department the name and address of any person treated provocation, or wl for bites or wounds inflicted by animals, together with all due to size, vicious available information necessary for rabies control. danger to human (c) It shall be the duty of every veterinarian practicing in animal which hay the city to report to the dog warden, a deputy dog warden or the or other domestic health department the name and address of the owner of any times. animal treated for bites or wounds inflicted by any other animal, Section 2. together with all available information necessary for rabies determined by tl control. animal is a dang Section 13. Killing certain animals that cannot be safel Police shall not y taken up and impounded.) If any vicious or dangerous dog or securely confine any dog, cat or other animal suspected of, or having rabies enclosed and loci , found at large, cannot be safely taken up and impounded, the or if the propert that said anima] 28 .L ORDINANCES CUMULATIVE SUPPLEMENT §41.14.10 its suspected of ving rabies and dog or other animal may be slain by any police officer. Such 'isease shall be animal's head shall be examined for rabies. private veterina- Section 14. Penalty.) Any person, firm or corporation ind kept under violating any provision of this article shall be fined not less than any dog or cat fifty dollars nor more than five hundred dollars for each offense, dog warden or a and a separate offense shall be deemed committed on each day e dog or cat has during or on which a violation occurs or continues. • found that the or there is any ~ Based, with some changes in wording, on an ordinance furnished ~ courtesy of John W. Henderson, Assistant City Attorney in the office of Philip s in fact been G. Sunderland, City Attorney, Alexandria, VA. ;ed on the last Veterinarians make different recommendations on whether rabies vacci- I'he director of nation needs to be given each year. It depends on the vaccine used, the red any dog or conditions in the part of the country involved and the age of the animal. The he head of the city should consult licensed veterinarians before passing any ordinance on ;ion with the rabies vaccination. ner of the dog §41.13. Dangerous animals-Capture or destruction. shall immedi §41.14.10. -Control by officers. - n, the health Section 1. Definitions.) As used in this ordinance, the following terms shall have the following meanings, unless the and medic l context clearly indicates that a different meaning is intended: a Dangerous Animal: Any animal that constitutes a physical >spital in the arden or the threat to human beings or other animals, or has a disposition or propensity to attack or bite any person or other animal without arson treated her with provocation, or which is wild by nature and of a species which, all ~ due to size, vicious nature or other characteristics, constitutes a • danger to human life, physical well-being, or property; or any practicing in animal which has been known to bite or attack a human being arden or the or other domestic animals, without provocation, one (1) or more caner of any times. Cher animal, f Section 2. Dealing with dangerous animals.) If it is or rabies determined by the Animal Warden or Chief of Police that an of be safel animal is a dangerous animal, the Animal Warden or Chief of P li h l y rous dog or •i o ce s a l notify the property owner to immediately and securely confine said dangerous animal indoors or in a securely ng rabies, enclosed and locked pen. If the property owner fails to comply Funded, the , or if the property owner is not available and it is determined that said animal is endangering the well-being of others, said 29 X41.14.20 MUNICIPAL ORDINANCES CUMULATIVE animal may be removed from the property by the Animal Section 3. Warden or Chief of Police and impounded. violating any p~ Where a dangerous animal has caused serious physical than five dollar harm or death to any person or animal, or has escaped and is at offense, and a large, or causes a threat to any person or animal, the Animal each day durin Warden or Chief of Police shall cause said animal to be ~41.17.bO. ' immediately seized and impounded, or killed if seizure or sold or g impoundment are not possible without risk of serious physical harm or death to any person. Section 1. conditions.) A: Section 3. Penalty.) Any person, firm or corporation and p hotels violating any provision of this ordinance shall be fined not less , than five dollars nor more than five hundred dollars for each following cone offense, and a separate offense shall be deemed committed on (1) Anir animals and s each day during or on which a violation occurs or continues. in good repai X41.14.20. -Declaring animals vicious. from injury Section 1. Declaring an animal to be vicious.) An animal In additi may be declared to be vicious by the animal warden or his agent, adequate floo or by the attending physician of the victim of an animal bite or and to easily scratch in cooperation with the animal warden, after taking the (2) Ele~ following into consideration: applicable el. (a) The nature and severity of the incident; and tion and lig] (b) Whether the animal has displayed dangerously aggres- (3) We sive behavior and is likely to inflict injury on another person or quantity to animal. debris and e Section 2. Procedure.) After such declaration, the owner (4) Ad of the animal shall be notified in writing of the declaration and stored in f, shall not allow the animal off the premises of its owner unless infestation c muzzled and on a leash and in charge of a person over sixteen tion shall l: years of age. (5) P' Any vicious animal found off the premises of its owner of animal a other than provided here, shall be seized by the animal warden Disposal f~ or police officer and impounded. Provided, if the animal cannot minimize ~ be captured, it may be destroyed; provided further, if the animal (6) ~ has been seen running at large, or bites a person, the animal or a water and police officer may order the owner to deliver the animal to the cleanliness animal shelter within twenty-four hours and the owner shall be washing u ordered to appear in court to show cause why this animal should ('1) not be destroyed. from thos 30 '.4L ORDINANCES CUMULATIVE SUPPLEMENT §41.17.50 ~ by the Animal Section 3. Penalty.) Any person, firm or corporation violating any provision of this ordinance shall be fined not less serious physical than five dollars nor more than five hundred 4lollars for each escaped and is at imal, the Animal offense, and a separate offense shall be deemed committed on d i each day during or on which a violation occurs or continues. an mal to be ed if seizure or § 41.17.50. Commercial places where animals are kept, f serious physical sold or groomed. Section 1. Commercial kennels and .pet shops-General or corporation conditions.) Animal shelters, commercial kennel, pet shops, pet be fined not less hotels, and places where pets are boarded Shall meet the dollars for each following conditions: d committed on (1) Animal housing facilities shall be provided for the rs or continues. animals and shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the animals '' pus.) An animal from injury and restrict the entrance of other animals. ien or his agent In addition, each animal so housed shall b~ provided with , z animal bite or adequate floor space to allow each animal to turn about freely after taking the and to easily stand, sit and lie in a comfortable normal position. (2) Electrical power shall be supplied in cofiformance with ent; and applicable electrical codes adequate to supply heating, ventila- ;erously aggres- tion and lighting as may be required by this .ordinance. ether person or (3) Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and enclosures of ion, the owner debris and excreta. ieclaration and (4) Adequate food and bedding shall be provided and stored in facilities adequate to provide protection against owner unless infestation or contamination by insects or rodents. Refrigera- n over sixteen tion shall be provided for the protection of p@rishable foods. of its (5) Provision shall be made for the removal and disposal owner animal warden of animal and food wastes, bedding, dead anirdals and debris. animal cannot Disposal facilities shall be so provided and operated as to . if the animal minimize vermin infestation, odors and diseasie hazards. he animal or a (6) Washroom facilities, including sinks with hot and cold animal to the water and toilets, shall be conveniently available to maintain owner shall be cleanliness among animal caretakers and for the purpose of animal should washing utensils and equipment. (7) Sick, diseased or injured animals shall be separated from those appearing healthy and normal. Sick, diseased or 31