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HomeMy WebLinkAboutMinutes Animal Care Advisory Committee - 06/18/2018MINUTES OF THE CITY OF CORPUS CHRISTI ANIMAL CARE ADVISORY MEETING Conference Room, 2626 Holly Minutes from June 18, 2018 Members Present: Margaret Obregon, Sharon Ray, Linda Gibeaut, Karla Loften, and Connie Bowen Members Absent: None Cily Staff: Captain Patrick McMenamy, Mike Gillis, Tom Brown, and Jackie Torres Public Present: Cheryl Martinez 1. Call to Order: The meeting was called to order by Ms. Gibeaut at 12:30 P.M. Ms. Gibeaut noted that Samantha Pearson has resigned her position with the Committee and that a co- chair needs to be elected to replace her. Ms. Bowen nominated Ms. Obregon to fill the position, and the nomination was seconded by Ms. Lofton. A vote was unanimous. Ms. Gibeaut then provided a list of sub -committees to all committee members. Ms. Gibeaut suggested to fill Ms. .Persons Animal Welfare/Shelter sub -committee position with Ms. Ray, noting that the move would open a Community - At -Large position. A motion was made by Ms. Obregon with a second from Ms. Bowen, the vote was unanimous. Ms. Gibeaut asked that Committee members become familiar with the Committee bylaws (provided by Ms. Gibeaut) and to ensure an annual vote for Committee positions is conducted. She continued with some comments regarding the scope of the Committees responsibilities. Ms. Gibeaut also noted that a copy of Roberts Rules of Order (provided) is the method being used to conduct Committee meetings. 2. Discussion and Approval of Minutes from June 21, 2018 Ms. Ray moved to approve the minutes, Ms. Obregon seconded and the motion passed unanimously. 3. Discussion and Approval of Absences from _Jun_e2_I__,_2018 Ms. Pearson was absent from last meeting, Motion to approve was made by Ms. Ray and seconded by Ms. Obregon and the motion passed unanimously. 4. Discussion of Current Texas Department of State Health Services Region 11 Zoonosis Report There was no Discussion. 5. Discussion of Current Shelter _Report and Clinic Report Ms. Gibeaut made note of the live -release percentages and compared to previous reports. Ms. Gibeaut then noted the number of citations issued was down from previous month which was explained by Mr. Gillis as being short on staff. Ms. Gibeaut inquired about Patrol procedure by ACO's and the issuance of citations for noted violations. Mr. Gillis explained the current procedures. Ms. Gibeaut mentioned that Captain White was going to implement a door-to-door visit regarding some code enforcement issues. Ms. Gibeaut opened the floor for comments from the floor; Cheryl Martinez, public citizen, noted that PARC in cooperation with CCACS will be holding a Responsible Pet Owner class at CCACS and the public is invited. She continued that PAAC was also assisting with neighborhood sweeps to assist citizens with pet retention issues. Ms. Bowen asked additional questions of Ms. Martinez regarding how the Responsible Pet Owner program was designed to which Ms. Martinez fulfilled an adequate response. 6. Status of recommended tethering ordinance Ms. Gibeaut noted that an incorrect version of this meeting's agenda was sent to, and posted by City Hall which alters some of the discussion topics. Ms. Gibeaut then inquired of Mr. Gillis regarding the authority of Animal Control Officers and their ability to enforce State Laws. Mr. Brown explained the power regarding State Law versus City Ordinance enforcement. Ms. Gibeaut then inquired how many cases were referred to a Police Officer so that State Laws could be enforced, and what the tracking process was. Ms. Martinez made a point of order to the Chair stating that the discussion was off topic. Ms. Gibeaut realigned the discussion to ensure topic was adhered to. Mr. Gillis did inform the Chair that the ordinance remains with CCPD leadership now. Ms. Gibeaut requested clarification on spay/neuter impoundment process. Ms. Torres explained the process to the Committee. Ms. Bowen asked if referral information is provided to citizens then they are issued a "notice of violation", to which Ms. Torres responded with yes. Ms. Gibeaut opened the floor for comments. Another point of order was made by the public. Suggestion to bypass CCPD on the Tethering Ordinance, taking it directly to City Council for consideration was made by the public. 7. Public Comments Cornment was made about issues with the euthanasia list that is generated by CCACS. Additional comment was provided with concern to the adoption department and their access to external rescues. Another comment noting a pilot microchipping program and the process being followed. 8. Identify items to be placed on next agenda Mems l- 7, remove item 8, and keep all other items. Motion was made to approve made by Ms. Loflen and second by Ms. Bowen. Ms. Gibeaut added review of Tethering Ordinance and to discuss processing of the Ordinance. Add a Program Manager update for information about CCACS. Add discussion of Chapter 5, Article 1, General Provisions, Article 2, Registrations, Article 3, Commercial Permits and fees, 4, Administrative Procedures. Add discussion of sub -committee for volunteers. 9. Adiournment There was a motion to adjourn was made by Ms. Obregon and seconded by Ms. Ray, meeting was adjourned at 1:11 p.m. Ronald D. Tyler, DVM, MS�. Angel Guevara, MPH, MS- Zoonosis Control Specialist 0)"fthan flumen Letty Tamayo MS- Public Health Specialist sw4kes 601 W. Sesame Drive Harlingen, Texas 78550 Office: (956) 444-3212 FAX: (956) 444-3216 Teras Department of State Heahh 5ervkes r S-wjhC PUBIC HEALTH REGION 11 SUMMER -QUARTERLY' NEWSLETTER 2018 RABIES REPORT During the first six months of 2018 (January -June), Region 11 investigated eleven (11) rabid bats and one rabid horse. Also investigated were two decomposed bats, three destroyed bats, one decomposed cat, and two decomposed dogs during this six month period. RABIES CASES lames eases oy species AnlmW Ba1=11 ■ Horse =1 DSHS LABORATORY -CONFIRMED RABID ANIMALS PUBLIC HEALTH REGION 11- 2018 COUNTY 2018 2017 2016 JANUARY 0 2 1 FEBRUARY 1 1 1 MARCH 5 2 3 APRIL 4 3 5 MAY 1 0 4 JUNE 1 2 1 TOTAL 12 10 15 During the first six months of 2018 (January -June), Region 11 investigated eleven (11) rabid bats and one rabid horse. Also investigated were two decomposed bats, three destroyed bats, one decomposed cat, and two decomposed dogs during this six month period. RABIES CASES lames eases oy species AnlmW Ba1=11 ■ Horse =1 DSHS LABORATORY -CONFIRMED RABID ANIMALS PUBLIC HEALTH REGION 11- 2018 COUNTY JAN FEB MAR APR MAY JUN TOTAL CAMERON BAT -1 BAT -1 2 BEE HORSE -1 1 HIDALGO BAT -2 BAT -2 BAT -1 5 N U ECES BAT -1 1 WEBB BAT -2 BAT -1 3 TOTAL 0 1 5 4 1 1 12 \/ICIT I ]C• ........ -1— 4—..n.erren11-44 .1.1- Di Ehlirn+inn AA7_1 r17AA k|� k�® § k|® J ) A / eq 10 \ §) (~ f / A ^ | \u rA ■ \ / 2 )$)A\a4 10 10 J ) A / \�# k|k eq \ (~ A ^ | \u rA ■ \ / 2 10 10 ) {\ 'o ^\k\\\k\7 t'D 2#(0 AQmd\\/ -kA§; 2= ]A�4� 2«K�e ))})]2/ Qa=J� gt ; 2)&§\ \�# k|k (~ | rA 10 10 } 'o ^\k\\\k\7 t'D AQmd\\/ 2= ))})]2/ gt ; 7/19/2018 Corpus Christi, TX Code of Ordinances ARTICLE I. - GENERAL PROVISIONS Sec. 6-1. - Definitions. (a) As used in this chapter, the following words have the meanings ascribed to them in this section: Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens. Animal care officermeans the animal care services division manager, employees of the animal care services division, or authorized agents of animal care services. Animal care services means a division of the Corpus Christi Police Department responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter. At large or running at large means any animal within the city not kept under restraint. Attack means to set upon with violent force. Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal. Circus means a commercial variety show featuring animal acts for public entertainment. City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. Collaror harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached. Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals. Commercial propertymeans: (1) Any portion of land or buildings, excluding publicly owned property, that is zoned or utilized for commercial or business uses within the city, including temporary sites. (2) Any vehicle utilized for commercial or business purposes within the city. Dangerous animal means: (1) Any animal that, without provocation, scratches, bites, or attacks and injures any human being within the city and that occurs in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own. (2) Any animal that, without provocation, scratches, bites, or attacks and injures or kills a domesticated animal and that occurs in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own. MA 7/1912018 Corpus Christi, TX Code of Ordinances (3) Any animal that, without provocation, commits acts in a place other than an enclosure in which the animal v and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own an cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Designated caretaker means the person or entity with the specific authority to care for an animal. Dogmeans a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. Dog or cat registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city. Dog or cat registration tag means a metal tag displaying a serial number corresponding to the number of the dog or cat registration for the animal for which it was issued, showing the calendar year the registration was issued, and which must be attached to the animal's collar or harness for which it was issued. Food means: (1) With respect to food processing or food service establishments, any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale, in whole or in part, for human consumption. (2) With respect to animals any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged. Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption. Foodservice establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen -type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. Fowl means any live bird. Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service -for -fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Guard dog means any dog that is utilized to protect commercial property. Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers. impound means to take into custody, place in the city animal shelter, be observed by a licensed veterinarian at a veterinary hospital. 2114 7!191201& Corpus Christi, TX Code of Ordinances Kenneimeans a commercial enterprise, excluding a veterinary hospital, where four (4) or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances. Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine. Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the animal care services manager. Performing animal exhibitmeans any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration. Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal -related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Poultrymeans any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese. Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal or state laws or regulations, and includes, but is not limited to, the following: (1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae (monitors); Order Ophidia, family Boidoe (boas, pythons and anacondas); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Within the class Aves: order Falconiforms (hawks, eagles and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries and emus); (3) Within the class Mammalia: order Carnivora, family Felidae, (such as cougars, tigers, lions, bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos, coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks, martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); order Edentata (such as sloths, anteaters and armadillos); order Proboscides (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels); and (4) Within the class Amphibia: Poisonous frogs, toads and salamanders. 71I912018 - Corpus Christi, TX Code of Ordinances Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance. Public nuisance means any animal that: (1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (2) Trespasses on school grounds. (3) Is repeatedly at large. (4) Damages private or public property. (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. (6) Attacks and injures or kills a domestic animal. Pursuit means the continuous act of chasing or attempting to overtake a fleeing animal. Rat -proof means a state of being constructed so as to effectively prevent the entrance of rats. Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. Horses must be kept in stalls, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial or exhibition. (2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training the dog has in the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. (3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (4) When the dog is utilized by a licensed peace officer for law enforcement purposes. Sanitarymeans any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure means a fenced area or structure that is: (1) At least six (6) feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and 7!1912018• Corpus Christi, TX Code of Ordinances (7) Located no less than five (5) feet from another property line or fence adjoining the premises on which the et located. Stable means any place that provides: (1) Any horse, pony, donkey, or mule for hire. (2) Boarding or grazing for any horse, pony, donkey or mule. (3) Riding instruction on any horse, pony, donkey or mule. Tethermeans to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a fixed object or other device so as to limit its range of movement. Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non -domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. (b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender. (c) The singular form of words includes the plural form and vice versa. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030001, § 1, 11-12-2013; Ord. No. 030405, § 1, 1-20-2015; Ord. No. 030609, § 4, 9- 15-2015) Sec. 6-2. - Penalties. (a) No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less than fifty dollars ($50.00) plus court costs nor more than two thousand dollars ($2,000.00) plus court costs. (b) Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter. (c) Each day a violation continues constitutes a separate offense. (Ord. No. 026046, § 1, 12-142004) Sec. 6-3. - Animal care services division and manager. (a) The animal care services division is a unit of the Corpus Christi Police Department and is in the charge of a person having suitable qualifications and designated by the city as the animal care services manager. (b) In addition to the duties specifically prescribed in this chapter, it is the responsibility of the animal care services manager to execute other duties under thejurisdiction of the police department as the chief of police may delegate. (c) The animal care services manager shall supervise the operation of the city animal shelter. 5114 711912018• Corpus Christi, TX Code of Ordinances (d) All monies collected by the animal care services division under the terms of this chapter must be paid to the colle section of the city in accordance with the policies of the city's finance department. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 2,1-20-2015) Sec. 6-4. - Interference with animal care officer. No person may interfere with an animal care officer while an officer is engaged in the performance of the officer's duties. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-5. - Pursuit of animals. For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, an animal care officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-6. - Regulations. Regulations providing for the interpretation and enforcement of this chapter may be adopted by the Corpus Christi Police Department and Animal Care Services. The regulations are effective after review at a public meeting held by the animal control advisory committee. A copy of the regulations will be kept on file in the city secretary's office. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 3,11-20-2015) Sec. 6-7. - Compliance with chapter required for keeping animals. No person may do any act forbidden or fail to do any act required in this chapter. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-8. - Compliance with sanitation standards required for keeping animals. The owner of any animal within the city and the holder of any commercial permit issued under this chapter must comply with the standards of sanitation established by the chief of police under this chapter. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 4,11-20-2015) Sec. 6-9. - Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations. The keeping of any animal in accordance with the provisions of this chapter may not be construed to authorize the keeping of the animal in violation of any federal, state, or city laws, rules, and regulations, including the zoning ordinances or any other ordinance of the city. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-10. - Inspection of animals and premises. 6114 7119!2018 Corpus Christi, TX Code of Ordinances Animals and premises where animals are kept or maintained are subject to inspection by the animal care services manager, an animal care officer, or any police officer at any reasonable hour, or at any hour in cases of emergency. (Ord. No. 026046, § 1, 12-14-2004; Ord, No. 030405, § 5,1-20-2015) Sec. 6-11. - Abatement of conditions not complying with chapter. Whenever any premises where animals are kept are in an unsanitary condition, the facilities are not in keeping with the provisions of this chapter or any regulations established by the chief of police, or if any health ordinance or law pertaining to the care or keeping of an animal is not observed, the animal care services manager or designee, by written notice to the person responsible for the condition of the premises or the keeping of the animals or to the person owning or in control of the premises, may order the abatement of the conditions which are not in accordance with this chapter other regulations or laws, or which constitute a nuisance. Failure to comply with the written notice constitutes grounds for the city to obtain relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges. (Ord. No. 026046, § 1, 12-14-2004; Ord- No. 030405, § 6,1-20-2015) Sec. 6-12. - Application omissions or falsifications. If an applicant has withheld or falsified any information on an application submitted under this chapter, the animal care services manager may refuse to issue a registration or permit, or may revoke any registration or permit issued in connection with the application. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-13. - Effect of prior convictions; subsequent bite incident. (a) No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States may be issued a registration or permit. (b) No person may be issued a registration if the person has been convicted within the preceding twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions. (1) Any person denied issuance of a registration under this subsection (b) may challenge the denial by filing a written protest for review by the city manager, or the city manager's designee. Any protest must be submitted to the city manager's office within ten (10) days of denial of issuance. (2) Upon review by the city manager, or designee, of a written protest, the city manager's decision is final. (c) For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 027995, § 1, 12-16-2008) Sec. 6-14. - Reapplication upon denial of registration or permit. (a) Any person having been denied a registration or permit for any reason other than section 6-13 of this chapter 7114 7119/2018, Corpus Christi, TX Code of Ordinances may not reapply for a period of thirty (30) days after such denial. (b) Any person having been denied a registration under subsection._6-1.3(b) of this chapter may not reapply for a period of twenty-four (24) months after such denial. (c) Each reapplication must be accompanied by a nonrefundable ten -dollar ($10.00) fee. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 027995, § 2,12-16-2008) Sec. 6-15. - Fee schedule. Fees for animal care services shall be charged pursuant to the animal care service fee schedule filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review. Any adjustment of the animal care service fee schedule requires city council approval. (Ord. No. 030405, § 7,1-20-2015; Ord, No. 031404, § 7,3-27-2018) Sec. 6-16. - Waiver or reduction of fees. The animal care services manager is authorized to reduce or waive fees for adoption events or where necessary to advance the goals of animal care services. (Ord. No. 030405, § 8,1-20-2015) Sec. 6-17. - Local rabies control authority. (a) The animal care services manager is designated as the local rabies control authority to enforce the provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.). (b) The duties of the local rabies control authority shall include, but are not limited to the enforcement of. (1) The provisions of the Rabies Control Act of 1981, and the rules of the state board of health which comprises the minimum standards for rabies control; (2) The ordinances and/or rules of the City of Corpus Christi; and/or (3) The rules adopted by the state board of health under the area quarantine provisions of V.T.C.A., Health and Safety Code § 826.045 of said Act. (Ord. No. 030405, § 9,1-20-2015) Secs. 6-18--6-25. - Reserved. ARTICLE 11. - REGISTRATIONS Sec. 6-26. - Application requirements. (a) Required. No person may own, keep, harbor, or have custody or control of any dog or cat over four (4) months of age within the city without having registered each dog or cat as provided under this article, except as permitted by subsection (c) of this section. (1) It is presumed, in a prosecution for a violation of this subsection, that the dog or cat owned, kept, or harbored by, or under the custody or control of the person so charged was over four (4) months of age on the date of the violation. 711912019 Corpus Christi, TX Cade of Ordinances (2) It is presumed, in a prosecution for a violation of this subsection, that the person charged with owning, keen or having custody or control of a dog or cat required to be registered under this subsection did not register animal in accordance with this chapter unless, upon the request of an animal care services officer or license at the time of the violation, valid proof of registration was produced by the person so charged. (b) Application; prerequisites. Written application for registrations and payment of the applicable registration fees must be made to the city's collections section, animal care services division, or participating veterinarians. The application must include the name, address, phone number, state -issued driver's license or identification number, and date of birth of the applicant, a description of the animal, and a currently valid rabies certificate issued by a licensed veterinarian. (c) When to apply. An owner must make application for registration within ten (10) days after obtaining a dog or cat over four (4) months of age, except that this requirement will not apply to a nonresident individual keeping a dog or cat within the city for no longer than sixty (60) days. (1) It is presumed, in a prosecution of a violation of this section, that the dog or cat, owned by the person charged with the violation, was obtained more than ten (10) days prior to the date of the violation. (2) It is presumed, in a prosecution of a violation of the exception contained in this section, that the person charged with the violation is a resident of the city and that the person has kept the dog or cat within the city for a period exceeding sixty (60) days. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-27. - Fees. (a) The annual registration fee for a dog or cat that has been currently vaccinated with a manufactured one-year or three-year interval rabies vaccination is established in the fee schedule pursuant to section 6-15 of this chapter. (b) The fee for a three-year registration for a dog or cat that has been currently vaccinated with a manufactured three-year interval rabies vaccination is established in the fee schedule pursuant to section 6-15 of this chapter. (c) No fee maybe charged for a registration issued for any dog actually used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (d) No fee maybe charged for a registration issued for any dog that is owned and used by any law enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement purpose. (e) Participating veterinarians will retain one dollar ($1,00) for each registration they issue if duplicate copies of the registration and vaccination certificates are submitted to the animal care services division within ten (i 0) days of issuance of the registration. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 028648, § 1, 6-22-2010; Ord. No. 030405, § 10, 1-20-2015) Sec. 6-28. - Term. (a) If not revoked under the provisions of this chapter, an annual registration is effective for a period of one (1) year from the date of the rabies vaccination, if the registration is issued to an animal vaccinated with a one- year rabies vaccine or a three-year rabies vaccine and is issued on the date of original vaccination. (b) If not revoked under the provisions of this chapter, a three-year registration is effective for a period of three (3) years from the date of vaccination if the registration is issued on the date of original vaccination. (c) In the event that a registration is, or has been, purchased on a date other than the rabies vaccination date, the 9114 7/19/2028 Corpus Christi, TX Corte of Ordinances registration issued is effective for a period of one (1) year from the date of issuance or the expiration date of the rabies vaccination, whichever occurs earlier. In no instance may any registration exceed the date of expiration of the rabies vaccination that was administered. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 028648, § 2, 6-22-2010) Sec. 6-29. - Issuance and wearing of tag. (a) Issuance. Upon acceptance of the dog or cat registration application and payment of the applicable fee, the city's collections section, the animal care services manager, animal care services manager's designee, or the participating veterinarian will issue a durable registration tag, stamped with a serial number and the year of issuance. (b) Wearing of tag. Dogs and cats must wear registration tags fastened to a collar or harness at all times. (1) It is presumed, in a prosecution of a violation of this section, that a dog or cat that is determined by an animal care officer or a police officer to be without a registration tag fastened to its collar or harness while in a public place within the city has not been vaccinated in compliance with this chapter. (2) It is presumed, in a prosecution of a violation of this section, that a dog or cat that is determined by an animal care officer or a police officer to be without a registration tag fastened to its collar or harness while in a public place within the city has not been registered in compliance with this chapter. (c) Replacement of tag. A duplicate registration tag may be obtained from the animal care services division upon payment of a replacement fee established in the fee schedule pursuant to section 6-15 of this chapter and proof of presentation of the original registration receipt. For animals administered a rabies vaccination through the animal care services division for which the vaccine remains effective, a duplicate rabies vaccination tag may be obtained from the division upon payment of a replacement fee established in the fee schedule pursuant to section 6-1 S of this chapter. (d) Nontransferable. No person may use any registration tag for any animal other than the animal for which it was issued. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 028648, § 3, 6-22-2010; Ord. No. 030405, § 11, 1-20-2015) Sec. 6-30. - Registration records. The animal care services manager shall maintain a current record of the serial numbers of dog and cat registrations and registration tags issued, and the names and addresses of persons to whom the same are issued. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-31. - Reduction or waiver of fee during animal health campaigns. The city manager is authorized to temporarily reduce or waive fees for animal registrations as part of community -wide registration and vaccination campaigns held by the animal care services division in conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare organization to increase the awareness of the need for pet vaccinations and registrations. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-32. - Dangerous dog registration. (a) A dog found to be a "dangerous dog" as defined in V.T.C.A., Health and Safety Code ch. 822, as it maybe 7/19/2018 Corpus Christi, TX Code of Ordinances amended, must wear a dangerous dog registration tag issued annually by the animal care services division upon a payment of the maximum fee allowed for a dangerous dog registration under V.T.C.A., Health and Safety Code ch. 822, as it may be amended. The dangerous dog registration fee is listed in the fee schedule pursuant to section 6-15 of this chapter. (b) A dangerous dog registration tag must be worn at all times by the dangerous dog attached to a brightly colored, one -inch -wide collar with the words "Dangerous Dog' printed on the collar. (c) The owner of a dangerous dog shall present proof of the secure enclosure in which the dog will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that may result from an attack by the dangerous dog causing bodily injury to a person, and proof of compliance with other conditions as may be required by the animal care services manager in addition to what may be required under V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (d) The animal care services manager may require a dangerous dog to be removed from the city limits. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 12,1-20-2015; Ord. No. 030609, § 1, 9-15-2015) Secs. 6-33-6-50. - Reserved. ARTICLE 111. - COMMERCIAL PERMITS AND FEES Sec. 6-51. - General provisions. (a) Except for veterinarians and veterinary hospitals, all commercial animal establishments and owners and possessors of guard dogs are required to maintain a valid commercial permit. (b) No commercial permit maybe transferred or assigned between persons, between commercial animal establishments, or between a person and a commercial animal establishment. (c) Each separate and distinct commercial animal establishment, even though owned by the same person, must possess a permit. (d) Upon a change in the location or ownership of a commercial animal establishment, anew application for a commercial permit is required. (e) Each commercial animal establishment is subject to inspection by an animal care officer during normal business hours. (f) A commercial permit must be displayed in a prominent place on the premises. (g) In addition to all other conditions of this article, owners and possessors of dogs defined as "guard dogs" under this chapter must meet all applicable provisions of this chapter and regulations promulgated by the animal care services manager. (h) No commercial animal establishment may sell any dog or cat four (4) months of age or older to any person unless the animal has a valid rabies vaccination. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 13,11-20-2015) Sec. 6-52. - Application. (a) All commercial animal establishments, excluding veterinarians and veterinary hospitals, and owners and possessors of guard dogs are required to obtain and submit an application for a commercial permit from the 7/i912018 Corpus Christi, TX Code of Ordinances animal care services division. (b) upon initial application for a permit, the animal care services manager or designee must review and certify that the commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the city governing the conduct of the business of the commercial animal establishment after consulting with the building official and zoning and code enforcement administrator. An appropriate certificate of occupancy issued by the building official may be considered as evidence that the commercial animal establishment complies with the city's construction and zoning ordinances. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 14,1-20-2015) Sec. 6-53. - Term. (a) Except as otherwise set out in this section, a commercial permit is renewable annually. (b) Commercial permits granted to an auction, circus, performing animal exhibition, and rodeo are valid for the duration of the event not to exceed thirty (30) days from the date of issuance. (c) Commercial permits granted to a performing animal exhibit are valid for a period not exceeding two (2) calendar days. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-54. - Fees. (a) Annual fees for commercial permits are established in the fee schedule pursuant to section 6-1.5 of this chapter. (b) Any commercial animal establishment providing services classified in two (2) or more categories listed in subsection (a) of this section [see the fee schedule) is required to obtain only one (1) permit, and the fee charged for the permit is the highest of the fees for any of the applicable categories. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 028648, § 4, 6-22-2010; Ord. No. 030405, § 15,1-20-2015) Sec. 6-55. - Renewal of permit. Except for an auction, circus, performing animal exhibit, performing animal exhibition, or rodeo, a commercial permit is renewable annually upon: (1) Inspection of the commercial animal establishment by the animal care services manager or the animal care services manager's designee; (2) Review and certification by the animal care services manager or the animal care services manager's designee that the commercial animal establishment is in compliance with all applicable state and local laws, ordinances, rules, and regulations governing the conduct of the business of the commercial animal establishment; and (3) Payment of the required fees. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-56. - Pertaining to kennels and stables. (a) Each permit for a kennel or stable must specify the maximum number of animals that maybe kept at the kennel or stable. VNIA 711912018 Corpus Christi, TX Code of Ordinances (b) Owners and operators of stables or kennels, except kennels owned and operated by veterinarians, where animal, boarded or grazed for a fee must maintain a register identifying all animals boarded or grazed, the name, addres telephone number of the owners of each animal including an alternative emergency telephone number, and a su the owner of each animal boarded or grazed either assuming total responsibility for the care and feeding of the a transferring all responsibility for the care and feeding of the animal to the stable or kennel owner or operator. (c) The stable or kennel owner must also provide an emergency telephone number where the stable or kennel owner, operator, and any caretaker of the stable or kennel can be reached if the owner, operator, or caretaker do not reside on the premises. (Ord. No. 026046, § 1, 12-14-2004) Sec. 6-57. - Permission to possess prohibited animals. (a) Auctions, circuses, performing animal exhibits, performing animal exhibitions, and rodeos may request limited permission to possess prohibited animals within the city for the duration of a commercial permit. (b) Possession of a prohibited animal under this section is exempt from the terms of section 6-153 and is subject to regulations and rules prescribed by the animal services manager, including, but not limited to, indemnification of the city, proof of insurance, and any other conditions deemed necessary to preserve the health, safety and welfare of the public. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 16,1-20-2015) Sec. 6-58. - Waiver of requirements. A waiver of a portion or all of the permit requirements of this article may be granted by the animal care services manager in cases involving a scientific or educational program, a show or exhibition by a nonprofit organization, or for animals owned by the city upon a finding that a waiver would not endanger the public's health, safety or welfare, an animal's health, or create a nuisance. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 17,11-20-20115) Secs. 6-59-6-75. - Reserved. ARTICLE IV. -ADMINISTRATIVE PROCEEDINGS Sec. 6-76. - Registration and permit revocation—Administrative proceedings. (a) When held. The animal care services manager or designee may hold an administrative bearing to determine whether any registration or permit issued under article Il or article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the city, if: (1) A registration or permit holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager or any law governing the protection and keeping of animals in this state; (2) The owner of an unregistered animal, the owner of an unvaccinated animal, or the owner of a commercial animal establishment not properly permitted under this chapter fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of animals in this state; Article I — Name The name of this Committee shall be the City of Corpus Christi Animal Care Advisory Committee, as created by the City of Corpus Christi Chapter 2 Administration Article IV Division 1 Sec. 2-60-64 Chapter 6 Animal Care and Animal Control Division B. Animal Control Advisory Committee Sec 2-115-116. Article 11— Purpose The Committee shall advise the City Council and City Manager about all aspects of animal control including fees, staffing, ordinances, procedures and policies, and facilities (Corpus Christi Code 2-116). The jurisdiction and actions of the Committee are advisory only (Corpus Christi Code 2-116). Specific tasks of the committee: 1. Acquaint itself with animal control needs and the problems of the community, the City's animal ordinances and regulations, the details of operations of the divisions, and community animal facilities such as pounds and shelters; 2. Develop recommendations to meet community needs in this area and to improve the City's animal control program; 3. Cultivate public knowledge, understanding and acceptance of the need for the services offered by the Animal Control Division and the ordinances and regulations it enforces; 4. Provide a public forum for discussion of animal control needs and services and to hear public complaints, inquiries or praise about such services. Article III — Members The Animal Control Advisory Committee consists of seven members (Corpus Christi Code 2- 115). The members include 1 veterinarian, 2 local animal welfare organization members ((at least one must operate as a shelter) and 4 members representing the community at large, Each member shall be a resident of the City of Corpus Christi. The members of the committee are appointed by city council for staggered terms of three (3) years (Corpus Christi Code 2-115). Meetings: The committee shall meet once a month, and Shall meet at the call of the Chair, or Shall meet at the call of a majority of its members The Committee: Shall adopt its own rules of procedure of notice of meetings and conduct thereof; Four members constitute a quorum Absences: ® Unexcused absences from more than 25% of regularly scheduled meetings during a term year shall result in automatic vacancy. ® That vacancy shall promptly be reported to the City Council. ® An absence is unexcused unless excused by the board for good cause no later than the next meeting after the absence. Article IV — Officers Section A. Officers The officers of the Animal Control Advisory Committee shall consist of a Chairperson and Vice Chairperson (Corpus Christi Code §2-115). Following the yearly appointment of new members, the Committee shall meet at its earliest convenience and by majority vote elect a Chair and a Vice Chair (Corpus Christi Code §2-115). Section B. (Duties of Officers 1.The Chairperson shall preside at all meetings; maintain order at all times; rule on all points of procedure; and dispense the business of the Animal Control Advisory Committee in a just and orderly manner (Corpus Christi Code §2-115). 2. The Vice -Chairperson shall preside in the absence of the Chairperson, and shall fulfill all the duties of the Chairperson in an absence. Should the Chairperson resign, or that office become Vacant for other reasons, the Vice -Chairperson shall act as Chairperson until an election can be held at the next regular meeting of the Committee for the election of a new Chairperson and or Vice -Chairperson (Corpus Christi Code §2-11S). 3. When the Chairperson and Vice -Chairperson are absent or unavailable, the member with the longest continuous service on the Committee shall fulfill all duties of the Chairperson. Article V — Ethics A. Preparedness: Committee members shall inform themselves concerning the laws, policies and legal precedents relating to the City of Corpus Christi. Committee members shall also make a diligent effort to attend all meetings, B. Responsibility of Committee Members: 1. Declaration of Policy. It is hereby declared to be the policy of the Animal Control Advisory Committee that the appointment to membership to the Animal Control Advisory Committee and its committees is a distinct honor and trust imposed in the appointee and involves the corresponding obligation of the appointee to serve his or her community in the capacity of a member of the Committee or its Committees by regular attendance and participation in the proceedings of the respective body. 2. Attendance at Meetings Required; Absence from Meetings. a. All members of the Animal Control Advisory Committee shall be obligated to attend all regular meetings of said Committee or its committees. b. Absences. Board members must give as much advance notice as possible to the Chairperson when they will be unable to attend meetings of the Animal Control Advisory Committee or need to leave early or arrive late and miss a significant portion of a meeting. C. Excused Absences. Board members who will miss or have missed either an entire meeting or a significant portion of a meeting must report the absence to the Chairperson and give a reason in order for the absence to qualify for consideration by the Animal Control Advisory Committee for excuse. Factors to be considered by the Animal Control Advisory Committee for excusing absences include but are not limited to the following: 1. Illness -related absences; 2. Significant family events and circumstances; 3. Pre -planned events that cannot easily be changed; or 4. Employment conflicts that cannot easily be resolved. d. Unexcused absences from more than 25% of regularly scheduled meetings during a term year shall result in an automatic vacancy and the Member's appointment shall be terminated (Corpus Christi Code §2-61). A vacancy due to excessive absence shall be immediately reported to City Council (Corpus Christi Code §2-61). 3. Members Claiming Interest in Matters Under Consideration By Body. a. It is further declared to be the policy of the Animal Control Advisory Committee that said Committee and its committees shall be free of influence of any personal financial interest, and therefore, no member having a personal financial interest in a matter under consideration by the Committee or its committees shall be present during the taking of action by the Committee or its committees nor vote as a member of the respective body. b. Any member having any personal financial interest in a matter before the Committee or its committees shall not participate in any discussion on the matter with members of the council, members of the committee, the city manager, or city employees. c. In the event the final action of the Committee or its committees shall be postponed, tabled or otherwise temporarily disposed of, the interested member or members shall be permitted to return for consideration of other matters pending before the respective body. d. When a Committee member is called upon to voice opinions at public or private functions, he shall indicate whether he is speaking for himself or representing the Committee. Article VI — Meetings Section A. Time and Place The regular meeting place of the Animal Control Advisory Committee shall be at Animal Care Services Facility at 2626 Holly Rd., Corpus Christi, TX 78415. Meetings shall be held on the third (3r') Thursday of the month at 32:30 pm. All meetings shall be public. In the event of the holding of any special meeting, the City Manager shall be notified by the Chairperson prior to the special meeting noting the time and place of the meeting. Section B. Quorums Four (4) members shall be necessary to constitute a quorum of the Committee for all public hearings (Corpus Christi Code §2-115). A simple majority of any committee shall constitute a quorum for that committee. Section C. Rules of Procedure The Animal Control Advisory Committee hereby adopts as its rules of procedure, Robert's Rules of Order, which shall govern the business proceedings of the Animal Control Advisory Committee, whenever they are not in conflict with the other sections of these by-laws. Either the City Attorney or designee at the meeting, or an Assistant City Manager or designee may act as Parliamentarian at any meeting of the Animal Care Services. Scheduling of special meetings must be discussed and voted on by the Animal Advisory Committee. The committee may vote to have a subcommittee for additional research needed before a vote is made. Article IX — Parliamentary Authority A. The Chairperson of the Committee shall not make or second a motion. Otherwise the Chairperson shall have the same right as any other Committee member to question, debate and vote on a motion. B. A motion must have a "second" before the motion may be put to a vote. C. All motions require a majority vote of the members present for passage. Article X — Amendments Amendments to the bylaws may be proposed at any regular meeting and voted upon at any succeeding meeting, provided that a least a majority affirmative vote of the membership be required for adoption of any such amendment. The bylaws and all amendments shall be approved by the City of Corpus Christi Animal Control Advisory Committee. These bylaws were adopted by majority vote of the Animal Control Advisory Committee and made effective the day of , 2014. Animal Control Advisory Committee Dr. Barbara Whitlock, Chairperson POSTED -UL 16 2016 W The Animal Care Advisory Committee will hold a meeting on July 19, 2018 in the Conference Room of the Animal Care and Vector Services facility, 2626 Holly Road at 12:30 p.m. If you are unable to attend please Contact Mike GlUls by July 18, 2018 close of business day, Agenda: I. Gall to Order 2. discussion of Advisory Commitee Processes, procedures and Roberts Rules of Circler for meetings 3. Discussion and possible Approval of Minutes from Jwje 18, 2018 4. Discussion and possible Approval of Absence from June 18, 2D18 5. Discusslen of Current Texas Department of Mate Health Ser*es Region 11 Zoonosis Report 6. Discussion of Current Slur Report and Clinic Report 7, Discussion of City Ordinance's Chapter 6, Article 1, (General Provisions), Article 2, (Regi[ tions), Article 3, (Commercial Permits & Fees), Artlde 4, (AdminWmtive Proceedings) S. Review Tethering Ordinance 9. Review and Discuss fnrmathn of a subcommittee regarding Volunteem 10. Public Comment a. Public Notice: b. Member of the audence wrll be provided an opportunity to address tlrs Board atter Agenda !terns and doing Public Comment lour pregeniatron will be thin t ed to three mfnuta5: C. Please be advised that bye Open Meedngs.ct prohlbits the Animal Comtel Advisory Cammftiee from respondIng and d Wzsing your comments at langth. T#te law only aud)aizes them to do the rnlfawing. 1) Make a staternent of tactual lrrformadon, 2) Recite an avzMrrg policy In rens-e to the Inrluuy, or 3) Advise the citizen drat this subject will be placed on an agenda at a laiLr date. d. Pemns wit#r dsabdibes who plan to attend this meWag and who may meed auxillaryaldsors&vkware rWwsted to contartthe DfrectarofPublfc health Of ke at851720 at least 48 hot#3r In advance so apprpprlate arfangemants an be anode. " 11. Identiry items to be pied on next agenda 12. Adlnumment CUX OF CMUS CHYM E=NGUAUEMENT: This notes was an tip offal electronic bulletin Board 10—me Atrium of Corpus CP�isti's City Pull, 1201 Leopard Street, on `7 i ((-P Ll E;' . 2018 at 17 —a.m.1m. p, i