HomeMy WebLinkAboutO-1987-1559
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ORDINANCE NO. I~~r
AN ORDINANCE AMENDING CHAPTER FIVE, "ANIMALS AND FOWL", OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, AMENDING SECTION 5-5,
"FEES"; AMMENDING ARTICLE III "DOGS"1 BY ADDING THERETO SECTION
5-38, "RESTRICTION ON NUMBER OF DOGS AND CATS IN PROXIMITY TO
RESIDENCE OF ANOTHER" 1 BY ADDING THERETO SECTION 5-52, "ABANDON-
MENT OF ANIMALS PROHIBITED"; BY ADDING THERETO ARTICLE VII,
"KENNELS AND PET ESTABLISHMENTS" 1 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)1 FINDING COMPLI-
ANCE WITH THE OPEN MEETINGS LAW1 PROVIDING A SEVERABILITy
CLAUSE1 AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Chapter Five, "Animals and Fowl," of the Code of
Ordinances of the City of La Porte, is hereby amended by amending
section 5-5, "Fees" , to read as follows, to-wit:
Sec. 5-5. Fees
For each and every animal, other than
dogs and cats taken and impounded there
shall be paid to the City of La Porte by
the owner thereof or his agents the sum
of Thirty-five dollars ($35.00) for the
taking up and impounding of same, and the
further sum of Five dollars ($5.00) 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 Ten dollars ($10.00) shall be
charged for selling same. And further,
for each male animal capable of breeding,
such as boars, stud horses, jacks or
bulls, found running at large and impoun-
ded, there shall be an additional charge
of Fifty do11ars ($50.00) each which
shall be paid by the owner or his agent
for the impounding of same.
Section 2. Chapter Five, "Animals and Fowls", Article III
of the Code of Ordinances of the City of La Porte, is hereby
amended to read as follows, to-wit:
ARTICLE III.
DOGS & CATS
Sec. 5-26 Definitions
Unless otherwise expressly stated, the
following terms shall, for the purpose of
this article, have the meanings indicated
in this section:
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Ordinance No. /6S'?, Page 2.
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(a) Cats. Shall mean both male and
female animals of the feline kind.
(b) Dogs. Shall mean both male and
female animals of the canine kind.
(c) Owner. Shall mean any person,
firm, association, partnership, or
corporation owning, keeping or har-
boring an animal or animals of the
dog or cat kind.
(d) 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 there-
from, inside the house;' or other en-
closure, 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, that a dog shall not be con-
sidered "at large" when held and con-
trolled 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.
Sec. 5-27. License and vaccination
required.
All dogs and cats six (6) 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. Licenses shall
be issued by the City of La Porte upon
payment of a fee of five dollars ($5.00)
for each dog or cat from January 1
through March 31 of each calendar year1
after April 1 of each calendar year, dog
or cat licenses shall be issued by the
City of La Porte upon payment of seven
dollars ($7.00) for each dog or cat.
Before a license will be issued, the
owner of the dog or cat must present a
certificate from a licensed veterinarian
showing that said dog or cat has been
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Ordinance No. J ~5'1 , Page 3.
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vaccinated within the preceding twelve
(12) months. The owner shall state his
name and address, and the breed, color
and sex of the dog or cat to be
licensed. Said license shall be good
for the calendar year, January 1 to
December 31.
Sec. 5-28. 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 payment of
license fee for the calendar year. Tags
shall not be transferable from one dog
or cat to another, and no refunds shall
be made.
sec. 5-29. Running at Large.
No owner of any do~ shall permit such
dog to run at large within ~he corporate
1i~its of the city.
sec. 5-30. Impoundment.
Any dog running at large in the City
of La Porte; or any dog or cat not pro-
vided with a collar or harness to which
is attached a metal license tag and a
tag furnished by the veterinarian show-
ing that said dog or cat has been vacci-
nated, 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 or cat is not called for by the
owner within seventy-two (72) hours af-
ter impoundment, the dog or cat shall
be destroyed humanely. The owner of, any
dog or cat impounded shall be permitted
to reposses such dog or cat upon the pay-
ment to the City of La Porte of a pound
fee of thirty-five dollars ($35.00), and
the further sum of Five dollars ($5.00)
per day for each and every day except the
first day that the animal shall remain in
the custody of the Humane Officer, if the
dog or cat is currently vaccinated and
licensed as required by this Code. If
the dog or cat is unvaccinated the pound
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Ordinance No. IfSfiJ, Page 4.
fee shall be Forty-five dollars
($45.00), and the further sum of Five
dollars ($5.00) per day for each and
every day except the first day that
the animal shall remain in the cus-
tody of the Humane Officer, and the
dog or cat shall be vaccinated and
licensed as required by this Code,
at the owners expense, before it shall
be released to the owner. The owner
shall have the burden of proof as to
vaccination and licensing. If the im-
pounded dog or cat is a female in heat,
the pound fees above provided for shall
be doubled.
Sec. 5-3l. Confinement of certain dogs
or cats.
No dog or cat of fierce, dangerous,
or vicious propensities, nor a female
dog or cat in heat shall be allowed upon
any street, sidewalk, park or other
public place in the city, whether or not
said' dog or cat is under control by
means of a leash, chain.or otherwise.
This section shall not apply to such
dogs or cats when confined within a
vehicle.
sec. 5-32. Vicious dogs or cats.
Any dog or cat which has bitten two
(2) or more persons shall be deemed
vicious, and shall be removed from the
corporate limits of the city within
twenty-four (24) hours from the time no-
tice is given to the owner1 otherwise,
the dog or cat shall be impounded and
destroyed in a humane manner.
Sec. 5-33. Procedure when dog or cat
bites person.
If a dog or cat has bitten, scratched
or otherwise attacked a person, the
owner of such dog or cat or ~ny person
having knowledge o~ such incident, ahatl
immediately notify the chief of police
and the Humane Officer, and such dog or
cat shall be confined in the city pound
or veterinary hospital for a period of
ten (10) 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 (10) 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 inspection
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Ordinance No. IS-S-1, Page 5.
from time to time by the Humane Officer
or a licensed veterinarian.
Sec. 5-34. Quarantining of animals
exposed to rabies.
Any animal that has rabies or symp-
toms 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 dis-
posal, or confined in a veterinary hos-
pital, or immedately and securely con-
fined by tying with a chain of good
quality, and kept under supervision
of the Humane Officer for a period of
not less than sixty (60) days.
sec. 5-35. Reporting rabid animals.
It shall be the duty of all prac-
ticing 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.
Sec. 5-36. Barking dogs.
Any person who shall harbor or keep
on his premises, or in his control, any
dog which by loud, prolonged or repeti-
tive barking or howling, shall cause a
breach of the peace and quiet of the
neighborhood, or the occupants of sur-
rounding premises to be disturbed, shall
be guilty of a misdemeanor.
Sec. 5-37. Destruction of certain dogs
or cats authorized.
Any police officer or Humane Officer,
or their designated assistants, may kill
any dog or cat suspected of having
rabies, or any dog or cat manifesting a
disposition to bite or scratch when such
dogs or cats are found at large.
Section 3. Chapter Five, "Animals and Fowl," of the
Code of Ordinances of the City of La Porte, is hereby amended
by adding thereto new Section 5-38, Restriction on Number of
Dogs and Cats in Proximity to Residence of Another, to read as
follows, to-wit:
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urdinance No. 1~~1 ' Page 6.
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Sec. 5-38. Restriction on Number of Dogs
and Cats in Proximity to
Residence of Another.
(a)' No person shall harbor at any time
more than three (3) dogs or cats over the
age of six (6) months each in any place in
the City, except a duly licensed and permit-
ted breeding kennel, boarding kennel,
veterinary hospital, or pet establishment..
section 4. Chapter Five, "Animals and Fowld, of the Code
of Ordinances of the Ci ty of La porte, is hereby amended by
adding thereto new Section 5-52, "Abandonment of Animals Prohi-
bited"J reporting violation, to read as follows, to-wit:
Sec. 5-52. Abandonment of Animals
Prohibited.
(a) It shall be deemed unlawful for
any person to abandon or drop any animals
in the City of La Porte.
(b) Any animal found to be restrained
in such a way that it does not have access
to air, food, water, and shelter adequate
to maintain life and health shall be con-
sidered to be abandoned and shall be
impounded.
(c) It shall be the duty of every
person to report immediately to the humane
department, the location and description
of any animal which is in violation of
this section.
Section 5. Chapter Five, "Animals and Fowl," of the Code
of Ordinances of the City of La Porte, is hereby amended by
adding thereto new Article VII, Kennels and Pet Establishments,
to read as follows, to-wit:
ARTICLE VII.
KENNELS AND PET ESTABLISHMENTS
Division 1. Generally
Sec. 5-8l. Definitions
For the purpose of this article, the fol-
lowing definitions and meanings shall apply.
· See the zoning Ordinance of the City of La Porte, Ordinance
No. l50l, Code of Ordinances, City of La Porte, for locational
requirements for kennels, vetinary hospitals, and pet esta-
blishments.
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Ordinance No. 1S'S"'f , Page 7.
veterinary Hospital. The term veterinary
hospital means a place where pet animals
or livestock are treated for disease or
injury, or pet animals are boarded under
the supervision of a licensed veterinarian.
Kennel. The term kennel means any lot,
enclosure, premises, structure or building
whereon three (3) or more dogs and/or cats
over the age of (4) months are kept or
maintained for any purpose whatever, ex-
cept a veterinary hospital operated by a
graduate veterinarian duly licensed by the
state Board of Veterinary examinersi
or the impound facility operated by
the City of La Porte.
Pet Establishment. The term "pet establish-
ment" shall mean any shed, building, store,
lot or other place within the city where
pet animals are sold, offered for sale or
bred for sale or distribution.
Pet Animal. The term "pet animal" shall
mean any mammal, bird, amphibian, reptile
or other animal commonly kept as a house-
hold pet and not governed under Article
II as livestock or Article VI as a wild
an imal.
Division 2. License
Sec. 5-86 Requirement
It shall be unlawful for any person to
maintain, keep or possess a kennel or pet
establishment without first obtaining a
license under the provisions of this division.
Sec. 5-87 Application
Application for a kennel or pet establish-
ment license shall be filed with the code
enforcement officer and shall contain all
information reasonably necessary to determine
the size, number, type and arrangement of
the facilities as well as the identity and
business history of all applicant(s). Such
application shall be in a form dictated by
the code enforcement division. all struc-
tures submitted for application as a kennel
or pet establishment either existing or
planned construction must conform to all the
building codes promulgated by the code enforce-
ment division.
Sec. 5-88 Fees
The fee for a kennel license shall be as
follows.
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Ordinance No. 155"'/ , Page 8.
(l) For a kennel of less than five (5)
animals, Twenty-five Dollars ($25.00)
per year or a fraction thereof.
(2) For a kennel of five (5) to ten
(10) animals inclusive, Thirty Dollars
($30.00) per year or a fraction thereof.
(3) For a kennel of eleven (ll) to
fifteen (15) animals, inclusive, Thirty-
five Dollars ($35.00) per year or a
fraction thereof.
(4) For a kennel of sixteen (l6) to
twenty (20) animals, inclusive, Forty
Dollars ($40.00) per year or a fraction
thereof.
(5) For a kennel of over twenty (20)
animals, Fifty Dollars ($50.00) per year
or a fraction thereof.
Such license shall be for the calendar
year or any part thereof during which a kennel
is maintained, and shall be due and payable
in advance on or before February fifteenth
(15) of each year.
Sec. 5-89 Inspection prerequisite to issuance
No kennel or pet establishment license
shall be issued until an inspection of the
premises is made by the chief Humane Officer
and the premises are found to be sanitary
and that the kennel or pet establishment
complies with all city ordinances and state
laws governing possession or sale of animals.
sec. 5-90 Issuance1 contents
Upon payment of the prescribed fees and
compliance with all other requirements estab-
lished, the Humane Officer shall issue a
kennel or pet establishment license to the
applicant. Such license shall contain the
name and address of the licensee and of the
kennel or pet establishment, the number of
the license, date issued and amount paid
therefor.
Sec. 5-9l Posting of license
A license issued under this article shall
be posted at all times in a prominent place
in the kennel or pet establishment for which
it is issued.
Sec. 5-92 Not transferable
A license under this division shall not be
transferable and shall not authorize any
person other than the person to whom it is
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Ordinance No. ISS1 , Page '9.
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issued to keep, possess or maintain a kennel
or pet establishment and shall not be
transferable to any location other than the
one shown on the face thereof.
Sec. 5-93 Expiration and renewal
Each license issued under this division
shall expire on December thirty-first (31) of
each year in which issued and shall be renewed
by paying the prescribed fee and complying
with all other provisions of this division.
sec. 5-94 Records to be kept
The Humane Officer shall keep a permanent
record of all kennel and pet establishment
licenses issued under the terms of this divi-
sion, which records shall show the name and
address of all persons issued a kennel or
pet establishment license, the number of the
kennel or pet establishment license, the date
issued and the amount(s) paid therefor.
Sec. 5-95 Revocation or suspensionJ Enforce-
ment responsibility of
The Chief Humane Officer may revoke or
suspend the license of any kennel or pet
establishment at any time for failure to keep
the licensed premises in a sanitary condition
or for failure to comply with any City Ordi-
nance or State Law or any law governing the
possession or sale of animals.
It shall be the responsibility of the Chief
Humane Officers or his deputies to inspect
and enforce all provisions of this division.
Sec. 5-96 Appeal from suspension or revo-
cation
After the suspension or revocation or
denial of a license under this division has
been in effect for three (3) consecutive
days, the licensee may file written notice of
appeal with the city council of the City of
La Porte and the city council shall investigate
and sustain or overrule such suspension or
revocation. Such notice shall be filed within
ten (lO) days after the posting of notice of
the suspension or revocation. Such notice
shall be filed within ten (10) days after the
posting of notice of the suspension or
revocation and the council shall sustain or
overrule the appealed action within ten (lO)
days after receipt of the notice of appeal
conclusive notice of the councils action on
such appeal shall be the posting of written
notice thereof by the bulletin board in the
city hall. Failure of council to act on the
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uLdinance No. 15S1 ' Page lO.
appeal within ten (lO) days shall constitute
a sustaining and affirmation of the suspen-
sion or revocation.
Sec. 5-97 Reinstatement after suspension
Every suspended kennel or pet establish-
ment license shall be reinstated promptly
upon correction or removal of the viola-
tion(s) specified in the notice of suspen-
sion.
Sec. 5-98 Removal of animals after revocation
All animals must be removed from a kennel
or pet establishment whose license has been
revoked, suspended or denied within ten (10)
days of the date of revocation, suspension,
denial or appeal unless the license has been
reissued. No kennel or pet establishment
license will be issued to a licensee whose
license has been revoked within one calendar
year of the date of revocation. Any animal(s)
remaining shall be impounded and disposed of.
Section 6. Any person, as defined in Section 1.07(27),
Texas Penal Code, who shall violate any provision of the
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 7. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the
Ci ty Hall of the Ci ty for the time required by law preceding
this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated1 and that this
meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 8. If any section, sentence, phrase, clause, or
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Ordinance No. I !)~1 , Page ll.
any part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance,. and
it is hereby declared to be the intention of this City Council
to have passed each sect ion, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
section 9. This Ordinance shall be effective fourteen
(14) days after its passage and approval. The City Secretary
shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper
in the Ci tyof La Porte at least twice within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED this the .l!i- J:l day of ~, 1987.
CITY OF LA PORTE
By 4~~~A
ATTEST:
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C erie Blac , City Secretary