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HomeMy WebLinkAboutO-1977-1065 . . . . . . ORDINANCE NO. 1065 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "ANIMALS AND FOWLS;" PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PRO- VIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances of the City of La Porte is hereby amended by repealing Chapter 5 thereof, and substituting therefor the following, to-wit: . . . .' Ordinance No. Section 1.01. Section 1.02. Section 1.03. Section 1.04. Section 1.05. Section 1.06. Section 1.07. Section 1.08. Section 1.09. Section 2.01. Section 2.02. Section 3.01. Section 3.02. Section 3.03. Section 3.04. Section 3.05. Section 3.06. Section 3.07. Section 3.08. Section 3.09. Section 3.10. Section 3.11. Section 3.12. Section 4.01. Section 4.02. Section 4.03. Section 4.04. Section 4.05. Section 4.06. Section 4.07. . . 1065 , Page 2. ANIMALS AND FOWLS Table of Contents ARTICLE 1. CITY HUMANE OFFICER Establishment of Office. Appointment of Humane Officer. Duties of Humane Officer. Powers of Citizens and Officers. Fees. Rights of Owners of Impounded Stock. Sale of Impounded Stock. Duties of the Humane Officer as to Impounded Stock. Disposition of Fees. ARTICLE 2. ANIMALS AND FOWLS AT LARGE Animals to be Impounded. Fowls at Large. ARTICLE 3. DOGS Definitions. License and Vaccination Required. Tag and Collar. Running at Large. Impoundment. Confinement of Certain Dogs. Vicious Dogs. Procedure when Dog Bites Person. Quarantining of Animals Exposed to Rabies. Reporting Rabid Dogs. Barking Dogs. Destruction of Certain Dogs Authorized. ARTICLE 4. ANIMALS IN PRIVATE CUSTODY Cruelty to Animals. Exceptions. Animals Having Glanders to be Killed. Animals Suspected of Glanders to be Quarantined. Glanders -- How Determined. Stables, Etc., to be Disinfected. Breeding Animals. ARTICLE 5. BIRD SANCTUARY Section 5.01. City Declared Bird Sanctuary. . . . . e . Ordinance No. 1065 , Page 3. ANIMALS AND FOWLS ARTICLE 1 CITY HUMANE OFFICER Section 1.01. Establishment of Office. There shall be and is hereby created the office of Humane Officer for the City of La Porte. Section 1.02. Appointment of Humane Officer. The Chief of Police shall appoint and employ a Humane Officer and such assistants as may be required. Such Humane Officer and assistants shall be assigned to the City Police Department, and the compensation of such officers shall be such as is authorized from time to time by the City Commission. Section 1.03. Duties of Humane Officer. It shall be the duty of said Humane Officer to take up any and all horses, mules, cattle, sheep, swine and goats,..or other animals that may be found in and upon any street, alley, or in or upon any vacant or unenclosed lot in said City, and to confine them for safe keeping. Said Humane Officer shall keep a record of all animals received and discharged by him. giving marks and brands as well as flesh marks, and when any animal is taken from the custody of the Humane Officer by any owner or his agents, such owner or agents shall sign a receipt for the animal or animals so taken, giving a description corresponding with the records in charge of the Humane Officer, and state on such receipt the amount paid as charges against such animal or animals. Section 1.04. Powers of Citizens and Officers. Any officer or citizen of the City of La Porte is hereby authorized to take up and deliver to the Humane Officer any animals mentioned in this chapter that may be found running at large in the corporate limits of the City. Section 1.05. Fees. For each and every animal, other than dogs, taken and impounded there shall be paid to the City of La Porte by the owner thereof or his agents the sum of $15.00 for the taking up and impounding of same, and the further sum of $2.00 per day for each and every day except the first day that the animal shall remain in the custody of the Humane Officer. Such fee being charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accordance with the provisions of this article, the further sum of $2.00 shall be charged for selling same. And further, for each male animal capable of breed- ing, such as boars, stud horses, jacks or bulls, found running at large and impounded, there shall be an additional charge of $5.00 each which shall be paid by the owner or his agent for the impound- ing of same. Section 1.06. Rights of Owners of Impounded Stock. Any person who may own any animal heretofore named which has been impounded shall have the right to take possession of such animal by applying to the Humane Officer and paying the fees here- inabove provided for. Section 1.07. Sale of Impounded Stock;. If the owner of the animal impounded as hereinbefore provided for does not either in person or by his agent apply for possession of such animal within ten days from the date of impoundment, then the Humane Officer shall sell the said animal to the highest bidder at public auction, and the proceeds of such sale shall be delivered to the City of La Porte. ~. . . . . e Ordinance No. 1065 , Page 4. Section 1.08. Duties of the Humane Officer as to Impounded Stock. It shall be the duty of the Humane Officer when any animal mentioned in this article is impounded to immediately give notice by posting an advertisement on the bulletin board of the City Hall, describing such animal and stating that if the same is not called for within ten days, and charges for taking, keeping and advertising the same are not paid, it will be sold according to law. Section 1.09. Disposition of Fees. The money received for impounding, keeping and selling all stock impounded shall be paid to the City of La Porte and receipt taken therefor, such money to be credited to the general fund of the City, and when any owner or agent shall apply for the proceeds of any animal or animals sold, upon making satisfactory proof before the City Commission within six months after the date of sale, that such animal or animals at the time the same were impounded were their property, then the City Commission shall allow to the claimant such an amount as shall appear to be due after deducting the charge of impounding, feeding, and selling said animal. All monies not so claimed shall escheat to the City. ARTICLE 2 ANIMALS AND FOWLS AT LARGE Section 2.01. Animals to be Impounded. It shall hereafter be unlawful for any person to allow or permit any cow, calf, steer, bull, bullock, heifer, any sheep, goat, hog, horse, mare, colt, mule, jack, or jenny owned or controlled by said person to run at large, or be herded in or upon any street, or alley or in or upon any unenclosed vacant lot or common within the corporate limits of the City, or to stake out any of the animals above mentioned upon any unenclosed lot or common or any street or alley in the City limits. Section 2.02. Fowls at Large. It shall be unlawful for any person or persons, association'of persons, firm or corporation to permit, suffer or allow any chickens, ducks, turkeys, geese or other fowl, owned, kept or possessed by them or under their control to wander in or upon or invade the premises of any other person, association of persons, firm or cor- poration within the corporate limits of the City of La Porte, unless the owner or person in charge of said premises shall consent thereto. ARTICLE 3 DOGS Section 3.01. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: A. Dogs: Shall mean both male and female animals of the dog kind. B. Owner: Shall mean any person, firm, association, partnership, or corporation owning, keeping or harboring an animal or animals of the dog kind. C. At Large: Shall mean a dog that is not confined to the premises of the owner by a substantial fence of sufficient strength and height to prevent the dog from escaping thereform, inside the house, or other enclosure, or secured on said premises by a leash of sufficient strength to prevent the dog from escaping from said premises, and so arranged that the dog will remain upon said premises when the leash is stretched to full length in any direction. Provided, however, .. . . . . . Ordinance No. 1065 , Page 5. that a dog shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and length to control the actions of the dog, or while confined within a vehicle. D. Vaccination: Shall mean an injection of a vaccine for rabies, approved by the State Veterinarian, and administered by a licensed veterinarian. Section 3.02. License and Vaccination Required. All dogs six months of age or over which are kept, harbored, or maintained by their owners within the corporate limits of the City shall be licensed and vaccinated. Dog licenses shall be issued by the City of La Porte upon payment of a fee of $1.00 for each dog, from January 1 through March 31 of each calendar year; after April 1 of each calendar year, dog licenses shall be issued by the City of La Porte upon payment of $2.00 for each dog. Before a dog license will be issued, the owner of the dog must present a certificate from a licensed veterinarian showing that said dog has been vaccinated within the preceding twelve months. The owner shall state his name and address, and the breed, color and sex of the dog to be licensed. Said license shall be good for the calendar year, January 1 to December 31. Section 3.03. Tag and Collar. Upon payment of the license fee, the City shall issue to the owner a license certificate and a metal tag having stamped thereon the year for which it is issued, and the number corresponding with the number on the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the City of La Porte upon presentation of the receipt showing the pay- ment of license fee for the calendar year. Dog tags shall not be transferable from one dog to another, and no refunds shall be made. Section 3.04. Running at Large. No owner of any dog shall permit such dog to run at large within the corporate limits of the City. Section 3.05. Impoundment. Any dog running at large in the City of La Porte, or any dog not provided with a collor or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that said dog has been vaccinated, shall be impounded by the Humane Officer, Chief of Police, or their authorized representatives, in a place provided for that purpose, and if such dog is not called for by the owner within seventy-two hours after impoundment, the dog shall be destroyed humanely. Provided, however, that the owner of any dog impounded shall be permitted to repossess such dog upon the payment to the City of La Porte of a pound fee of $5.00, if the dog is currently vaccinated and licensed as required by this code. Otherwise, the pound fee shall be $10.00, and the dog shall be vaccinated and licensed as required by this code, at the owner's expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the impounded dog is a female in heat, the pound fees above provided for shall be doubled. Section 3.06. Confinement of Certain Dogs. No dog of fierce, dangerous, or viqious propensities, nor a female dog in heat shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park or other public place in the City, whether or not said dog is under control by means of a leash, chain or otherwise. Provided, however, this section shall not apply to such dogs when confined within a vehicle. . . . .. . . Ordinance No. , Page 6. 1065 Section 3.07. Vicious Dogs. Any dog which has bitten two or more persons shall be deemed to be vicious, and shall be removed from the corporate limits of the City within twenty-four hours from the time notice is given to the owner; otherwise the dog shall be impounded and destroyed in a humane manner. Section 3.08. Procedure when Dog Bites Person. If a dog has bitten, scratched or otherwise attached a person, the owner of such dog, or any person having knowledge of such incident, shall immediately notify the Chief of Police and the Humane Officer, and such dog shall be confined in the City pound or at a veterinary hospital for a period of ten days at the owner's expense, or shall be immediately and securely confined by the owner by tying with a chain of good quality for a period of ten days in such a place that no person or animal may be bitten by it, and such dog shall, during such period of confinement, be subject to inspec- tion from time to time by the Humane Officer or a licensed veteri- narian. Section 3.09. Quarantining of Animals Exposed to Rabies. Any animal that has rabies or symptoms thereof, or that is suspected of having rabies, or that has been exposed to rabies, shall, at the owner's option, and at the owner's expense, be at once delivered to .the Humane Officer for disposal, or confined in a veterinary hospital, or immediately and securely confined by tying with a chain of good quality, and kept under supervision of the Humane Officer for a period of not less than sixty days. Section 3.10. Reporting Rabid Dogs. It shall be the duty of all practicing veterinarians to report to the Humane Officer all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies. Section 3.11. Barking Dogs. Any person who shall harbor or keep on his premises, or in his control, any dog which by loud or unusual barking or howling, shall cause a breach of the peace and quiet of the neighborhood, or the occupants of surrounding premises to be disturbed, shall be guilty of a misdemeanor. Section 3.12. Destruction of Certain Dogs Authorized. Any police officer or humane officer, or their designated assistants, may kill any dog suspected of having rabies, or any dog manifesting a disposition to bite when such dogs are found at large. ARTICLE 4 ANIMALS IN PRIVATE CUSTODY Section 4.01. Cruelty to Animals. If any person shall hereafter within the limits of the City of La Porte, Harris County, Texas, willfully or wantonly kill, maim, wound, disfigure, poison, or cruelly and unmercifully beat or abuse any horse, ass, mule, cattle, sheep, goat, swine, dog or any other domestic animal, or any other domesticated bird; or over-ride, over- drive, overload, or in any other manner mistreat such animal, or fail to provide the same with proper food, drink or shelter, or shall drive or work or otherwise use such animal when same is maimed, wounded, sick or otherwise unfit for work, or shall will- fully abandon any such animal or bird to die, or shall leave the same tied up or confined without proper feeding and caring for same, he shall be deemed guilty of a misdemeanor. . . . . e e Ordinance No. , Page 7. 1065 Section 4.02. Exceptions. This ordinance is not to be construed to prevent police officers from killing dogs when entitled to do so by the Statutes of the State of Texas, or by any ordinance of the City of La Porte now in effect, or that. may be hereafter enacted. Section 4.03. Animals Having Glanders to be Killed. It shall be the duty of the Humane Officer to seize and kill all animals of the horse and ass species diseased with glanders or farcey in all cases where the owner or person in charge of said animal shall fail or refuse to immediately place and keep said animal in secure confinement, separate and apart from all other stock, at least 200 yards. Section 4.04. Animals Suspected of Glanders to be Quarantined. In all cases where there are good reasons to believe that any animal of the horse or ass species has taken, or liable to take from contact glanders or farcey, or have any disease liable to run into either of said diseases, it shall be the duty of the said Humane Officer, upon failure or refusal of the owner or owners, to have said animal placed and kept in secure confinement, separate and apart at least 200 yards from all other stock, at the expense of the owner of said animal, until said animal shall be thoroughly cured or declared to be diseased with glanders or farcey. Section 4.05. Glanders--How Determined. For the purpose of determining whether any animal is diseased with farcey or glanders, or any disease liable to run into either of said diseases, it shall be the duty of the Humane Officer to employ a competent veterinarian to examine and condemn said animal at the expense of the City. Section 4.06. Stables, Etc., to be Disinfected. It shall be the duty of every person or persons owning any yard, lot, stable or other building in which animals diseased with farcey or glanders may have been fed or kept, to immediately tho- roughly disinfect and cleanse said yard, lot, stable or building, whenever notified by the Humane Officer to do so; and any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. ARTICLE 5 BIRD SANCTUARY Section 5.01. City Declared Bird Sanctuary. (a) The City of La Porte is hereby designated a bird sanctuary. (b) The Chief of Police is directed to erect appropriate signs at the various entrances to the City of La Porte, indicating that the City of La Porte has been desig- nated a bird sanctuary. (c) It shall be unlawful for any person to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests. (Ord. No. 986, XX 1--3, 5-6-74) ., .0 . . ~ Ordinance No. 1065 , Page 8. . Section 2. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 3. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED, this the -<,.~~""-~.,.. _.;:;.'5.~ . ~ '.?"" ... .. ,,~~ ''.. .', -:0-" . '.., 3 A'I.'TEST : - ~. . ~ ~:' )" L_A ...~~~~~~1:.. .......Cjty er~":', . ~:.' .... - ~ : . - ;... . ,,' , " .~ /., . . .. ," ,~ . APPtZ; ~ City Attorney 7th day of March, 1977. ,--