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HomeMy WebLinkAboutO-2422-7-05ORDINANCE NO. 2422-7-05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3, ANIMALS AND FOWL, BY AMENDING, IN PART, SECTIONS 3 -1,3- 4,3 -5,3-8,3-11,3-12,3-16,3-17 -1,3- 4,3-5,3-8,3-11,3-12,3-16,3-17 AND 3-18; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS PUBLIC HEALTH OR SANITATION WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Texas, be amended by amending Chapter 3 Animals and Fowl, by amending, in part, Sections 3-1, 34, 3-5, 3-8, 3-11, 3-12, 3-16, 3-17 and 3-18, to read as follows: ' "CHAPTER3 ANIMALS AND FOWL Sec. 3-1. Definitions. In this chapter, the following words and terms shall have the following meaning, unless the context indicates otherwise: Dangerous Dog. A dog that: (1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or (3) has attacked and bitten another animal without provocation on one (1) previous occasion. ' Fowl.: Chickens, turkeys, pheasants, quail, geese, ducks, ostriches, emus or similar feathered animals regardless of age, sex or breed. ' Livestock Any horses, mules, donkeys, ponies, cattle, bulls, sheep, goats, hogs, pigs, of any and all kinds regardless of sex. Owner: Any person owning, possessing, harboring, keeping or sheltering any animal. An animal shall be deemed to be harbored if it is fed or sheltered for five (5) consecutive days or MOM. Restraint Secured by a leash, lead, cord, rope or chain six (6) feet or less in length; or secured within a kennel or pen, or secured within fenced real property limits of its owner, and may not come closer than six (6) feet to a public walkway or sidewalk when the restraint is stretched to full length. Vaccination: An injection of the United States Department of Agriculture approved rabies vaccine administered by a licensed veterinarian. Sec. 3-3. Running at IArge. Sec 34. Vaccination. The owner of a dog, cat or ferret shall have the animal vaccinated against rabies by a licensed veterinarian by the time the animal is four (4) months of age. The animal must receive a booster within the twelve month interval following the initial vaccination. Every animal must be re -vaccinated against rabies at least once every three (3) years based on the type of vaccine administered by veterinarian. Sec. 3-5. Registration; license. (a) The owner of a dog, cat, or ferret four (4) months of age or older shall annually register the animal with the City. The submission of a current rabies vaccination certificate and payment of the applicable license fee as established by resolution of the City Council shall be made to the City. The rabies vaccination certificate shall include the name and address of the applicant, a ' description of the animal, and proof of a current rabies vaccination. Upon receipt of a rabies vaccination certificate that meets the criteria of this section and state law and payment of the applicable license fee, a City license tag shall be issued, which shall bear an identifying number for the animal and the year of Ordinance No. 2422-7-05, Page 2 Wild Animals: ... Sec 3-2. Enforcement Sec. 3-3. Running at IArge. Sec 34. Vaccination. The owner of a dog, cat or ferret shall have the animal vaccinated against rabies by a licensed veterinarian by the time the animal is four (4) months of age. The animal must receive a booster within the twelve month interval following the initial vaccination. Every animal must be re -vaccinated against rabies at least once every three (3) years based on the type of vaccine administered by veterinarian. Sec. 3-5. Registration; license. (a) The owner of a dog, cat, or ferret four (4) months of age or older shall annually register the animal with the City. The submission of a current rabies vaccination certificate and payment of the applicable license fee as established by resolution of the City Council shall be made to the City. The rabies vaccination certificate shall include the name and address of the applicant, a ' description of the animal, and proof of a current rabies vaccination. Upon receipt of a rabies vaccination certificate that meets the criteria of this section and state law and payment of the applicable license fee, a City license tag shall be issued, which shall bear an identifying number for the animal and the year of Ordinance No. 2422-7-05, Page 2 I 1 issuance. The license tag shall be securely attached to the collar or harness of the animal and worn at all times. (b) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog, cat, or ferret over four (4) months of age without having such animal currently licensed by the City. (c) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog, cat, or ferret required to be licensed by this section and fails to display on the animal at all times a valid City license tag. (d) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog, cat, or ferret and displays on the animal a City license tag issued to another animal. (e) A person commits an offense without regard to mental state, if the person owns, keeps, or harbors more than four (4) domestic animals (of the same species) over six (6) months of age. Sec. 3-6. Revocation and Denial of Registration. Sec. 3-7. Guard Dogs. Sec. 3-8. Impoundment. (a) The following animals may be impounded: (1) Cats, dogs, or ferrets not exhibiting evidence of vaccination or registration. Sec 3-9. Redemption of Animal. Sec 3-10. Disposition of Animals. Sea 3-11. Adoption of logs and Cats (a) A person may adopt a dog and/or cat from the City animal shelter facility that has been classified as adoptable. If the animal bas not been spayed or neutered, the adopting owner must sign an agreement to have the animal spayed or neutered within thirty (30) days or when the animal reaches the age of six (6) months. Additionally, any animal adopted must be vaccinated within five (5) days after purchase or by the time the animal reaches the age of four (4) months. Ordinance No. 2422-7-05, Page 3 (b) ..... ' Sec. 3-12. Animal Quarantine. (a) Any animal that has rabies or symptoms which could reasonably indicate rabies or that bites, scratches or otherwise creates a condition which may expose or transmit the rabies virus to a human being shall be impounded immediately. Upon notification, the owner shall surrender the animal to the Animal Control Officer for quarantine at the City's designated animal shelter, or with approval from the Animal Control Officer deliver the animal to a state -approved veterinarian quarantine facility for quarantine at the owner's expense. Quarantine shall be for a minimum of ten (10) days beginning on the date the incident occurred or longer as the Animal Control Officer may deem necessary. Animal quarantine shall be in accordance with any applicable rules and regulations adopted by the Texas Department of State Health Services. (b) Quarantine shall be subject to the following conditions: (1) The quarantine animal showing clinical signs of rabies shall be immediately destroyed and the head or brain submitted to the nearest Texas Department of State Health Services Laboratory for testing. (c) ..... ' (f) The owner of a quarantined animal shall pay all reasonable costs of the quarantine and disposition of the animal, including charges for shipment of animal tissues, if required, to the Texas Department of State Health Services Laboratory for testing. Sec. 3-13. Animal Nuisances. Sec. 3-14. Animals Prohibited as Novelties. Sec. 3-15. Wild; Wild -Hybrid; Prohibited Animals. Sec 3-16. Dangerous Dogs. ' (a) Nuisance Declared It is hereby declared to be a public nuisance that an owner harbors, keeps or maintains a dangerous dog in the City unless the owner complies with the requirements of this section, and state statutes regulating dangerous dogs. Ordinance No. 2422-7-05, Page 4 I 1 1 (b) Requirements for Owner of Dangerous Dog (1) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall: a. register the dangerous dog with the Animal Control Officer, b. provide Animal Control with two (2) colored pictures of the animal and have the animal micro -chipped; C. restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; d. obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. [M (3) If a person reports an incident described in the definition of"Dangerous Dog," the Animal Control Officer may investigate the incident. After receiving sworn statements of any witnesses, the Animal Control Supervisor shall determine whether the dog is a dangerous dog and shall notify the owner of that determination. (4) ..... (5) ..... (c) Regtrtratfou. Sea 3-17. Reserved for future use. Sec. 3-18. Livestock (a) It shall be unlawful for any person to keep any swine within the City. (b) It shall be unlawful for any person to keep a cow or horse on any premises, the overall area of which is less than one-third of an acre for each cow or horse kept, or keep more of said animals than can be cared for under sanitary conditions. The total number of cows or horses permitted shall not exceed one adult per one-third acre for the first acre, and two adults per acre for each additional acre over two acres of a single tract of land. (c) Livestock pens, stables, corals, or enclosures shall be capable of preventing the entry of the general public and capable of preventing the escape of the livestock. (d) Confinement Restrictions. Ordinance No. 2422-7-05, Page 5 (1) It shall be unlawful for any person to keep any horse, cow, cattle, sheep or goat or any other livestock within one hundred fifty (150) feet of any residence or occupied building. (2) Any enclosure, pen, conal, or other restrictive area for livestock may not be located within ten (10) fcet of any residentially coned properly or any property used for residential purposes. (e) It shall be unlawful for any person to keep any fowl, such as chickens, ducks, turkeys, geese, pigeons or guineas, except when the same are kept more than one hundred fifty (150) feet from any properly line. (f) It shall be unlawful for any person to sell, trade, barter, lease, rent, give away or display for any purpose, any live animal, on any roadside, public right-of-way, commercial parking lot or flea market Sec 3-19. Sanitary Requirements. Sec 3-20. Animal Care. ' Sec. 3-21: Exemptions, SECTION 2. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any word, phrase, paragraph, section or portion of this ordinance or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect SECTION 4. Offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense, except where a different penalty has been established by state law for such offense, and for any violation of any provision which governs public health or sanitation, which shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. This ordinance shall become effective from and after its passage and the publication of the caption, as the law and charter in such cases provide. Ordinance No. 2422-7-05, Page 6 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLEIN COUNTY, TEXAS, ON THIS THE 12f DAY OF JI1LY, 2005. 1 APPROVED AS TO FORM: G-kQj"' Peter G. Smith, CffY ATTORNEY 1 APPROVED: S ephe, MAYO ATTEST: Shelley B. George, TIRMc, CITY SE TARP Ordinance No. 2422-7-05, Page 7