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HomeMy WebLinkAboutO-78-4-68ORDINANCE NO. 78 AN ORDINANCE PROVIDING FOR THE CONTROL AND PROTECTION OF ANIMALS IN GENERAL, SETTING REQUIREMENTS FOR REG- ISTRATION, RABIES D44ONIZATION AND KEEPING OF DOGS AND OTHER ANIMALS; PROVIDING FOR PEES AND CHARGES; REPEAL- ING OTHER ORDINANCES IN CONFLICT HEREWITH; PROHIBIT- ING FALSE STATEMENTS; PROVIDING FOR A PENALTY; PROVID- ING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDI- NANCE AND AN EFFECTIVE DATE HEREOF - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: Definitions. A. "Person" shall mean any individual, firm, association, syndicate, partnership or corporation. B. "At Large" shall mean off the premises of the owner and not under control of the owner or other persons authorized by the owner to care for the animal by leash, cord, chain or otherwise. C. "Owner" shall mean any person or persons owning, keep- ing or harboring any animal. D. 'Vaccination " shall mean an injection of a vaccine, approved by the State Veterinarian. E. "Animal Warden" shall mean the person designated by the City Council to represent and act for the City of Allen, Texas, in the impoundment of animals, controlling of animals running at large and as otherwise required in this ordinance. F. "Inhumane Treatment" shall mean any treatment to any an- imal which deprives the animal of necessary sustenance, including food, water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, amt- ilating or teasing, or other abnormal treatment as may be deter- mined by the health officer. G. "Health Officer" shall mean a licensed physician appoint- ed by the City Council to have charge and control of the work of protecting and preserving the public health. SECTION II: The control or protection of animals in General. It shall be unlawful for any person to: A. Permit any animal to run at large within the corp- orate limits of the City. B. Carry out any inhumane treatment against any animal. C. Interfere or molest a dog used by the Police Depart- ment of the City of Allen in the performance or the functions or the duties of such Department. D. Keep or harbor any animal, which by loud frequent or habitual barking, bowling, yelping or other noise or action, disturbs any person or neighborhood within the corporate limits of the City. E. Keep or harbor any dangerous or vicious animal with- in the corporate limits of the City. F. Keep or harbor more than two domesticated animals of the same species over the age of six months in any residential area within the corporate limits of the City. G. Keep or maintain any animal in an enclosure which is unsanitary or is kept and maintained in such a manner so as to be- come a nuisance to persons residing in the vicinity. Provided however, that Section F hereof shall not be app- licable to anyone who keeps such animals in an enclosure, which enclosure is at least two acres in area and no part of which is within 100 feet of the residence of another; it being the purpose to limit this ordinance to the more populated areas of the City and it shall not be applicable to sparsely populated areas within the corporate limits of the City of Allen, provided however, that no property in the City of Allen shall be used as a kennel or boarding place for livestock or domesticated animals unless such property is zoned for such use. SECTION 1I1; Impounding, redemption and disposition of animals running at large or those animals involved in biting persons or other animals. A. The animal warden shall notify the owner of an animal covered by permit impounded hereunder by telephone, personal ser- vice or certified mail not later than the day following such im- poundment. B. Any currently vaccinated animal covered by permit as hereby required may be reclaimed by its owner upon the payment of a boarding fee at the going rate. C. Any unvaccinated animal which is required by this ordinance to be covered by permit and/or vaccinated may be re- claimed by its owner upon payment of boarding fee at the going rate in addition to the fees required for a dog permit and/or a rabies vaccination, or my be sold at a cost determined by the animal warden in addition to the fees described above. D. The permit fee for all animals covered under this ordinance shall be $1.00, payable to the Tax Assessor -Collector of the City of Allen. This fee shall be due January lst of each year. E. A certificate of vaccination must be presented to the Tax Assessor -Collector of the City before a permit or regis- tration tag will be issued. F. All animals found running at large in the City of Allen shall be impounded by the animal warden and reasonable efforts made to locate the owner thereof and such animal may be redeemed by the true owner thereof upon satisfactory proof of ownership and the payment of all impounding and boarding fees which may be established by the animal warden and the payment of damage, if any, caused by such animal. If such animal is not redeemed within ten days from the day of its impounding, the animal warden shall, after due notice, dispose of said animal in the most humane method available. SECTION IV: Procedure on Retention, Observation and Dis- position of Animals which have bitten persons or other animals, or those suspected of havins disease. A. The Chief of Police in the course of his duties of in- vestigating cases in which animals have bitten persons or other animals shall immediately notify the owner of such animal which has bitten any person or animal to surrender the animal to the pound keeper immediately or otherwise arrange for the pound keeper to pick up and retain such animal in a separate kennel at the pound for a period of not less than 21 days after biting of such person or other animal; during which period it shall be determined by the health officer whether or not such animal is suffering from any disease in which case it is not, the health officer is to signify to the pound keeper that it may be released; provided further, that the Chief of Police my authorize keeping of any such animal on the owner's premises provided that the owner produces a current dog permit val- idated by the City of Allen and a certificate of rabies vaccination performed by a veterinarian showing that such animal has been vac- cinated for rabies not longer than 13 months previous thereto; and provided further, that the Chief of Police may authorize any such animal to be retained for a period not less than 21 days after bit- ing such person or animal in quarters supervised by a veterinarian; provided further, that the health officer may authorize the keeping of certain animals confined on the owner's premises because of vet- inary medical reasons, such as small rodents, monkeys or other ani- mals difficult to maintain or susceptible to diseases which might occur with changes of environment or female dogs with pups, pro- vided the owner secures a written statement of such consideration from a veterinarian if required by the health officer. B. Any such animal suspected of having disease shall be subject to the provisions set out in this section. SECTION V: Procedure on Licensing and Vaccination. A. The owners of dogs are hereby required to make app- lication to the Tax Assessor -Collector of the City for a reg- istration permit. Such applications are to contain information on the Dog's description, date of immunization, and name, address and telephone number of owner. Upon completion of the application and payment of the permit fee of $1.00, a metal tag will be issued to the owner to be attached to the collar of the dog. B. The owners of all animals capable of transmitting rabies, such as dogs, cats, skunks, raccoons and other animals that may be designated by the Health Officer are hereby requir- ed to have said pets vaccinated against rabies with an approved vaccine administered by a veterinarian, who shall issue the own- er of the animal a vaccination certificate, who shall retain such certificate until the vaccination is renewed. At the time of vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinarian, the tag number, and the year of issuance. C. Lost or stolen permit tags may be replaced by pay- ment of a fee of $0.50 and presention of the registration applic- ation. If tag and registration application are both lost or stolen, a new license must be purchased at the regular $1.00 fee. SECTION VI. Authorization for quarantine. The Health officer, in the event a potential out -break of rabies is suspected in the dog, cat or other animal population and the danger of the public safety from rabid animals is reason- able imminent, is hereby authorized and it shall be his duty to issue a quarantine proclamation ordering persons owning, keeping or harboring any dog or cat, to muzzle the same or confine it as herein provided for during such time as may be specified in the quarantine proclamation. All dogs cats or other animals found at large during the time specified by the Health Officer in his quar- antine proclamation without being properly confined or muzzled and under control of an adult person may be killed by an officer of the City under precedures established by the Health Officer. SECTION VII. False Statements: Any false statement in rabies certification or applic- ation for a dog permit shall render null and void the permit is- sued for such dog and shall subject such dog to being impounded in accordance with the rules and regulations set out in this or- dinance. Any person who knowingly makes a false statement in any application, affidavit or other document required by this Ordi- nance or any regulation prescribed thereby shall be deemed guilty of a misdemeanor. SECTION VIII. Constitutionality. Should any section or provision of this Ordinance for any reason be held void, unconstitutional or invalid, it shall not effect the validity of any other section or provision hereof which is in itself not void, unconstitutional or invalid. SECTION IX: Penalties Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction in the Corporation Court shall be assessed a fine not to exceed Two Hundred Dollars ($200.00) and each and every day that the same shall continue shall constitute a separate and distinct offense. SECTION X: Other ordinances of the City of Allen found to be in conflict with the provisions of the ordinances be and the same are hereby repealed. SECTION XI: The caption of this ordinance shall be pub- lisbed one time in a newspaper having general circulation in the City of Allen, Texas and shall become effective on June 1, 1968. Duly passed and approved by the City Council of the City of Allen, Texas on this the 4 day of April + 1968. Gentry T. Jones Gentry T. Jones, Mayor CORRECTLY RECORDED A.C. Story A.C. Story City Secretary