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HomeMy WebLinkAbout02079 ORD - 05/06/1947AN ORDINANCE PROVIDING FOR PROMOTION OF PUBLIC HEALTH AND WELFARE BY PRESCRIBING CERTAIN REGULATIONS AND CONDITIONS TO BE COMPLIED WITH IN THE SEEPING OF DOGS AND OTHER ANIMALS SUSCEPTIBLE OF CONTRACTING RABIES AND HYDRO- PHOBIA, INCL13DING REGULATIONS DEFINING DUTIES OF THE HUMANE DEPARTMENT, REQUIRING PROCUREMENT OF LICENSES AND LICENSE TAGS FOR DOGS, SPECIFYING CIRCUMSTANCES WHEN IT SHALL BE ILLEGAL FOR DOGS TO RUN AT LARGE, PRESCRIBING RULES WITH RESPECT TO IMPOUNDING OF ANI- MALS AND REDED7PTION TBEREOF, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; AND DECLAR- ING AN EMERGENCY.. WHEREAS, with a view to consolidating into one comprehensive ordinance various regulations applicable to the hereinafter described animals and with a view to incorporating certain changes therein, this Council now deems it desirable to repeal the ordinances hereinafter described and enact in their stead the present ordinance? and WHEREAS, this Council does now determine that it is necessary in the interest of public health, comfort, safety, and welfare to regu- late the keeping of the hereinafter described animals in the manner hereinafter specified; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE " CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Whenever in this ordinance the following terms are used, they �#a11 have the meanings respectively ascribed to them in this section. CITY POUND. Place operated by City of Corpus Christi for detention of dogs and other animals as prescribed by law. IMPOUND. To place in the City Pound. KEEPER. Person, firm, or corporation owning, claiming, keeping or having in possession any dog or other animal referred to in this ordinance. LICENSED VETERINARIAN. Veterinarian licensed by any State of the United States and, in addition, if practicing within Texas, licensed by the Texas State Board of Veterinary Examiners. DOG LICENSE. Privilege granted, on compliance with terms of this ordinance, to keep a dog legally during calendar year when granted. ,-�2® 77 DOG LICENSE FEE. Charge imposed, as specified in this ordinance, for granting of a dog license and issuance of dog license tags. . DOG LICENSE TAG. Metal tag, for attachment to collar of dog, carrying serial number corresponding to number of dog license for such dog, and showing calendar year such license is in effect. VACCINATION CERTIFICATE. Certificate, issued by Licensed Veterinarian, for presentation to the Humane Department as condition precedent to granting of a dog license, and showing oa its face that, at time of such presentation, the dog covered thereby has been vaccinated for rabies during the neat preceding six months. RUN AT LARGE. Roam at will beyond the confines of premises where usually kept. VICIOUS DOG. Dog with demonstrated propensities toward savagery, fierceness, ferociousness, or biting of human beings without provocation. SECTION 2. Humane Department. (a) The Humane Department shall be a unit of the Police Division in the Department of Public Safety and shall be in charge of a police officer designated by the Chief of Police and having at least the rank of Captain. It shall be the responsibility of the officer in charge of the Humane Departments (1) To supervise operation of the City Pound. (2) To cause to be provided care for all female dogs brought to the Humane Department while such dogs are in season and to require payment of fee of $5.00 for each such dog cared for. (3) To cause to be maintained in the Humane Department a permanent record disclosing serial numbers of dog licenses and dog license tags issued, names and addresses of persons to whom same are issued, and amount paid therefor to the Humane Department. (4) To cause to be maintained in the Humane Department a permanent record describing each animal impounded, noting, in the case of each impounded dog, whether the some bears a dog license tag and giving -2- number thereof and name of person to whom issued whenever there is such a tag, and also noting in each case how the impounded animal was disposed of, giving namaa and addresses of persons to whom animals were delivered and amounts received from such persons. (b) In addition to the responsibilities mentioned above, it shall be the responsibility of the officer in charge of the Humane Depart- ment to execute such other duties under the jurisdiction of the Police Division as the Director of Public Safety may delegate; and also to supervise the administration of the provisions of this ordinance. SECTION 3. Dog Licenses. (a) It shall be unlawful for any keeper of any dog to keep such dog without having a valid dog license authorizing the keeping of the same. Each such license, unless sooner revoked by the officer in charge of the Humane Department, shall be valid and effective only during the calendar year when issued. Refusal of any keeper to comply with this ordinance shall be ground for revocation of any dog license that may previously have been issued to him. (b) It shall be unlawful for any keeper of any dog to permit such dog to run at large without there being attached to the collar of such dog a dog license tag evidencing that dog license for such dog has been procured and is in effect. (c) It shall be unlawful for any person to use upon a dog subject to licensing hereunder a dog license tag issued for any other dog. (d) The keeper of any male dog, upon paying the Humane Depart- ment $1.00, presenting vaccination certificate on such dog, and complying with applicable provisions of this ordinance, shall be granted with respect to such dog a dog license and dog license tag. Duplicate of any such dog license tag shall be furnished on payment of 50 cents. (e) The keeper of any female dog, upon paying the Humane Depart - ment $2.00, presenting vaccination certificate on such dog, and complying with applicable provisions of this ordinance, shall be granted with respect to such dog a dog license and dog license tag. Duplicate of any such dog license tag shall be furnished on payment of 50 cents. -3- (f) The keeper of any dog actually used by a blind person to aid such person in going from place to place, upon presenting to the Humane Department a vaccination certificate on such dog, and complying with applicable provisions of this ordinances, shall be granted with respect to such dog a dog license and dog license tag, and no fee shall be charged therefor. SECTION 4. Exceptions to Licensing Provisions. The provisions of subdivision (a) of Section 3 of this ordinance shall not apply to the followings (a) Any dog under age of three months if kept in such a way that such dog does not run at large. (b) Any dog brought into Corpus Christi by a person who is a non - resident of such City, or who is traveling through the City, or temporarily sojourning in the City, provided that this exception shall not be operative as to any such dog for more than thirty days. (a) Any dog brought into Corpus Christi and entered in any dog show or exhibition, provided that this exception shall not be operative longer than a period of time commencing not more than three days before any such show or exhibition is held and ending not more than three days after such dog's participation in such show or exhibition. SECTION 5. Dogs Running at Large Prohibited. (a) Whenever a majority of the City Council shall determine that it is in the interest of the safety of the public to do so, the Mayor shall issue a proclamation prohibiting dogs to run at large for a period of ninety days, and such proclamation shall be published in the official newspaper of this City for one publication. During the period of ninety days subsequent to any such publication, it shall be unlawful for any keeper of any dog to allow such dog to run at large. (b) It shall be unlawful for any keeper of any female dog to allow such dog to run at large while in season. (c) It shall be unlawful for any keeper of any vicious dog to permit such dog to run at large. SECTION 6. Impounding of Dogs and Other Animals. (a) The Human Department shall have the responsibility to impound the followings (1) Any dog that runs at large without having affixed to its collar a dog license tag showing there is in effect a valid dog license as to such dog. (2) Any dog that runs at large in violation of Section 5 (a) of this ordinance. (3) Any vicious dog that runs at large. (4) Any dog or other animal susceptible of contracting rabies or hydrophobia which is exhibiting symptoms of or has been exposed to rabies or) hydrophobia, provided that where necessary to protect human life any such dog or other animal shall be killed instantly and its body carried to the Humane Department for examination. (5) Any dog known to be or reasonably suspected of being lost or strayed. (6) Any dog having infectious or contagious disease other than rabies or hydrophobia and being in custody of a keeper who refuses to make arrangements satisfactory to officer in charge of Humane Department looking to proper treatment of such dog. (b) Every impounded dog or other animal exhibiting symptoms of or exposed to rabies or hydrophobia shall be held for a period of at least twelve days for observation at the City Pound or in any veterinary hospital designated by the officer in charge of the Humane Department. No such animal shall be released from observation until a licensed veterinarian certifies such animal is not infected with rabies or hydrophobia. Destruc- tion of any animal impounded for such observation shall be accomplished only when specifically directed by the officer in charge of the Humane Department. (a) The body of any animal that has died of rabies or hydro- phobia shall not be disposed of except as directed by the officer in charge of the Humane Department. -5- (d) Any person ]mowing of any dog or other animal exhibiting symptoms of or exposed to rabies or hydrophobia or that has bitten or otherwise attacked any human being, shall immediately give all information relative thereto in his possession to the Humane Department. SECTION 7. Redemption of Impounded Animals. (a) All impounded animals, other than those which have exhibited symptoms of or have been exposed to rabies or hydrophobia, shall be sub- ject to immediate redemption. Dogs or other impounded animals put under observation as above described shall become subject to redemption whenever a licensed veterinarian shall certify they do not have rabies or hydrophobia. (b) As soon as any impounded animal becomes subject to redemption, the keeper thereof, if (mown, shall be notified by telephone, if possible, and, if not, then by postal card, advising that if the animal involved is not redeemed not later than three days after the day the notice is tele- phoned, or mailed, disposition thereof will be made in accordance with this ordinance. (c) Dogs or other impounded animals subject to redemption may be redeemed by anyone entitled to possession thereof at any time while same are in the City Pound, upon paying to the Humane Department an im- poundment fee of two dollars (except that in case the animal in question has been under observation as above described the fee shall be five dollars), and, in case the animal in question is a dog as to which no proper dog license is in effect, upon procurement therefor of proper dog license and dog license tag; provided, however, that in any case where the animal sought to be redeemed is suffering from any disease or ailment it shall not be released until the officer in charge of the Humane Department shall be satisfied that arrangements looking to its proper treatment are assured. (d) Where notice, as above provided, has been given with respect to any dog or other impounded animal, and more than three days pass without anyone redeeming the same, the officer in charge of the Humane Department is authorized to cause same to be offered for sale, at public or private sale, provided that no such dog or other animal shall be sold for less than two dollars and provided further that the person from whose possession such -6- animal was originally taken may thereafter redeem same on paying the pur- chaser at such sale double the amount paid by the latter to the Humane Department, together with reasonable expenses incurred by such purchaser for keeping such animal. Any such animal not so redeemed from such a pur- chaser within thirty days from date of sale shall become the absolute property of such purchaser. (e) Dogs and other impounded animals not redeemed or purchased as above provided may be destroyed in the lethal chamber at the City Pound under direction of the officer in charge of the Humane Department or in such other manner as he may direct. The carcasses shall be deposited in such place as may be agreed on by him and the City Health Officer. SECTION 8. Duty of Veterinarians. Every veterinarian or other person who is called to examine or professionally attend any dog or other animal within the City having glanders or farcy rabies, tuberculosis, or f any other communicable disease, shall, within twenty -four hours thereafter, report in writing to the City Health Officer and the Humane Department the following; (a) location of such animal; (b) name and address of keeper thereof; and (c) type and character of disease. SECTION 9. Monies Collected. All monies collected by the Humana Department under the terms of this ordinance shall be paid to the Assessor and Collector of Taxes of the City of Corpus Christi each week as collected, provided that such monies may be paid oftener to the Assessor and Collector if the balance on hand at the Humane Department shall exceed one hundred dollars. SECTION 10. Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall, upon conviction in the Cor- poration Court of the City of Corpus Christi be fined in any sum not less than five dollars nor more than two hundred dollars and each day of any such violation shall be deemed a separate offense. SECTION 11. Ordinances Repealed. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed, and especially repealed hereby are the following described ordinances and amend- -%- ments thereto; (a) Ordinance No. 1669, passed and approved on the 17th day of April, 1914, and recorded in Volume 13, page 458 of the Ordinance - Resolution records of the City; (b) Ordinance No. 1824, passed and approved on the 24th day of July, 1945, and recorded in Volume 14, page 430, of such Ordinance- Resolution records; and Ordinance No. 1906, passed and approved on the 21st day of Belay, 1946, and recorded in Volume 14, page 611 of such Ordinance- Resolution records. SECTION 12. The fact that this amended ordinance is necessary for the public welfare of the citizens of the City of Corpus Christi and that the existing ordinances are considered incomplete and will, by this amendment, become more effective and practical, and that the prompt and proper enforcement of the same is necessary to protect the public health and welfare of the citizens of the City of Corpus Christi creates a public emergency and imperative public necessity requiring the suspension of the Charter rule providing that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such public emergency and imperative necessity exist, and having requested that said Charter rule be suspended, and that this ordinance take effect, and be in full force and effect, from and after its passage and publication as required by law, IT IS ACCORDINGLY, SO ORDAINED. PASSED AND APPROVED this !o day of //2a �1/ , A. D. 19+7• MAY— OR, - i y o �Lorpus I 1,— ' axe ATTEST;' 0 _� -� City ecretary 2�2� APPROVED AS TO LEGAL FORM; Cl'ty Att. Caws Christi, Texas G , 1947 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, City of Corpus Christi, Texas. The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris I /a, , p YE R. R. Henry Joe T. Dawson The Above Ordinance was passed by the following vote: Wesley E. Seale d George R. Clark, Jr. John A. Ferris R. R. Henry /.... Joe T. Dawson" Fj + r