Loading...
HomeMy WebLinkAbout16135 ORD - 03/25/1981and • AN ORDINANCE REPEALING CHAPTER 6 ANIMALS AND FOWL, CODE OF ORDINANCES CITY OF CORPUS CHRISTI, 1976 REVISION, AND SUBSTITUTING THEREFOR A NEW CHAPTER 6 ANIMAL CONTROL, DESIGNATING THE ANIMAL CONTROL SECTION, ANIMAL CONTROL SUPERVISOR AND ANIMAL CONTROL OFFICERS, AND PROVIDING FOR THE REGULATION OF ANIMALS AND THEIR KEEPING WITHIN THE CITY, INCLUDING REQUIRING DOGS AND CATS TO BE LICENSED, REQUIRING PERMITS FOR GUARD DOGS, PROVIDING FOR REVOCATION OF LICENSES AND PERMITS FOR VIOLATIONS OF THIS CHAPTER, REQUIRING RABIES VACCINATIONS FOR DOGS AND CATS, REQUIRING THE HUMANE KEEPING AND TREATMENT OF ANIMALS, REQUIRING CERTAIN ANIMALS TO BE KEPT UNDER RESTRAINT AND NOT RUN AT LARGE, PROVIDING FOR THE IMPOUNDMENT OF ANIMALS FOR VIOLATIONS OF THIS CHAPTER, PROVIDING FOR REDEMPTION OF IMPOUNDED ANIMALS, PROVIDING FOR REDEMPTION OR ADOPTION FEES AND DEPOSITS, REQUIRING THE REPORTING OF, IMPOUNDMENT AND QUARANTINE OF ANIMALS SUSPECTED OF HAVING RABIES, PROHIBITING GUARD DOGS IN PUBLIC PLACES, PROHIBITING CERTAIN ANIMAL EXHIBITIONS AND THE KEEPING OF CERTAIN ANIMALS WITHIN THE CITY, INCLUDING WILD ANIMALS AS PETS, PROHIBITING THE KEEPING OF LIVESTOCK OR FOWL EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBITING THE KEEPING OF MORE THAN SIX PETS WHOSE PENS COME WITHIN ONE HUNDRED FEET OF THE DWELLING OR BUSINESS OF ANOTHER OR WITHIN FIVE HUNDRED FEET OF ANY FOOD • SERVICE ESTABLISHMENT, PROHIBITING THE KEEPING OF MORE THAN FOURTEEN ANIMALS ON ANY PREMISES IN THE CITY WHOSE PENS ARE WITHIN FIVE HUNDRED FEET OF THE BUILDING OF ANOTHER OR WITHIN FIVE HUNDRED FEET OF ANY FOOD SERVICE ESTABLISU11ENT, SETTING FORTH CERTAIN EXEMPTIONS TO DISTANCE AND NUMBER REQUIREMENTS FOR CERTAIN LABORATORIES, VETERINARIANS, PET SHOPS AND LAWFULLY EXISTING PREMISES AND PREMISES IN NEWLY ANNEXED AREAS, REQUIRING THE REMOVAL OF ANIMAL WASTE, AND PRESCRIBING PENALTIES FOR VIOLATION OF THIS CHAPTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Animal Population is multiplying at an alarming rate, WHEREAS, nearby south Texas communities have recently experienced epidemics of rabies among their animal populations, and WHEREAS, the above two factors pose a serious and immediate health hazard to the inhabitants of this City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 6 Animals and Fowl, Code of Ordinances, City of Corpus Christi, 1976 Revision, be and is hereby repealed and is replaced by a new Chapter 6 Animal Control, which shall read as follows: 1Gig5 OFJLMED (SEP 27 1984 Chapter 6 - ANIMAL CONTROL Art. I. In General, Secs. 6-1 - 6-9 Art. II. Licenses and Permits, Secs. 6-10 - 6-19 Art. III. Animal and Rabies Control, Secs. 6-20 - 6-29 Art.IV. Care and Keeping of Animals, Secs. 6-30 - 6-39 Art. V. Wildlife and Bird Sanctuaries, Secs. 6-40 - 6-41 ARTICLE I. IN GENERAL Sec. 6-1. Penalties. It shall be unlawful for any person to violate any provision of this chapter. Such violation shall be a misdemeanor and shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). If any violation is continuing, each day's violation shall be deemed a separate offense. If any person is found guilty of violating section 6-30 of this chapter, all license and/or permits held by such person under this chapter shall be automatically revoked. Sec. 6-2. Definitions. As used in this chapter, the following words shall have the meanings herein ascribed to them: Animal: Any living, vertebrate creature, domestic or wild, other than homo sapiens. Animal Control Officer: The Animal Control Supervisor or his/her authorized agents or employees of the Animal Control Section. At Large, or Running at Large: Any animal within the City not kept under restraint. Auction: Any place or facility where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat: A domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other Prohibited Animal. Circus: A commercial variety show featuring animal acts for public entertainment. 2 City Health Officer: The director of the Department of Public Health for the City. City Animal Shelter: A place operated by or for the City, whether City facilities or by contract, for the detention of dogs and other animals as prescribed by law. Dog: A domesticated member of the Canidae (canine) family, other than a wolf, jackel, fox, dingo, coyote, or other Prohibited Animal. Dog or Cat License: A privilege granted, on compliance with the terms of this chapter, to own, keep, harbor, or have custody or control of a dog or cat legally within the City during the calendar year. Dog or Cat License Tag: A metal tag for attachment to dog or cat collars, carrying a serial number corresponding to the number of the dog or cat license for such animal, and showing the calendar year the license is in effect. Food: 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. Food Processing Establishment: A commercial establishment in which food is manufabtured or packaged for human consumption. Food Service Establishment: 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: Any live bird. Hatchery: A commercial establishment engaged in supplying, selling, or offering for sale any fowl to commercial and/or agricultural customers. Impound: To take into custody or to place in the City Animal Shelter. Licensed Veterinarian: A veterinarian licensed by the Texas Board of Veterinary Examiners. 3 ( Livestock: Horses, Shetland ponies, mules, donkeys,- cattle, goats, sheep, and swine, regardless of age, sex or breed. Owner: Any person owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered. Performing Animal Exhibition: Any spectacle, display, act, or event other than circuses, in which performing animals are used. Pet: Any animal kept for pleasure rather than utility. Pet Shop: A commercial enterprise regularly engaged in the buying, selling, grooming, breeding, or boarding of animals. Such premises shall be located within an appropriately zoned area, and a certificate of occupancy must have been obtained for such use. Poultry: Any species of domesticated birds commonly kept for eggs and/ort meat. Prohibited Animal: Any animal not normally born and raised in captivity, including but not limited to the following: (a) Class Reptilia: Family Helodermatidea (The Venomous Lizards) and all Varanidae (Monitor); Order Ophidia Family Boidoe (Boas Pythons, Anaconda); Family Hydrophiidae (Marine Snakes); Family Viperidae (Rattlesnakes, 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, and Gavials); (b) Class Ayes: Order Falconiforms (such as hawks, eagles and vultures) and Subdivision Rapitae (such as ostriches, rheas, cassowaries and emus); (c) Class Mammalia: Order Carnivores, except cats; the Family Canidae (such as wolves, dingos, coyotes and jackals), except dogs; the Family Mustelidae • (such as weasels, skunks, martins, mink, badgers); Family Procyonidae (raccoon); Family Ursidae (such as bears); and Order Marsupialia (such as kangaroos, oppossums); Order Chiroptera (bats); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison and camels); (d) Class Amphibia: Poisonous Frogs. Prohibited Animal does not include livestock, fowl, poultry, or normal household pets, such as psittacine .bird, canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small, nonpoisonous reptiles. eZYR Public Nuisance: Any animal which: (1) molests passers-by or passing vehicles; (2) attacks other animals or human beings; (3) trespasses on school grounds (4) is repeatedly at large; (5) damages private or public property; or (6) barks, whines, howls, or makes other annoying noises in an excessive, continuous, or unreasonable fashion, or at unreasonable hours. Ratproof: A state of being so constructed as to effectively prevent the entrance of rats. Restraint: Any animal securely caged, or secured by a leash or lead and under the effective control of a responsible person and obedient to that person's commands, or within the confines of its owner's home or yard which is fully enclosed by a good, secure and substantial fence. In. addition, a dog shall be deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial or exhibition held in the city, while the dog is actually engaged in such show 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 such dog has in such 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 blind or deaf person to aid the person in going from place to place within the city. Riding School or Stable: Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, or mule. Sanitary: Any condition of good order and cleanliness which precludes the possiblity of disease transmission. Vaccination Certificate: The certificate issued by a licensed veterinarian on a form approved by the Texas Board of Health for presentation to the Animal Control Section as a condition precedent to the granting of a dog or cat license and showing on its face that, at the time of such presentation, the dog or cat covered thereby has been vaccinated for rabies. Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals. 5 Vicious Animal: Any animal that bites or scratches or attacks any other animal or any human being within the city limits without provocation. Zoological Park: Any facility other than a pet shop or kennel, displaying or exhibiting one or more species of non -domesticated animals. The words "animal", "dog", and "cat" shall include both the male and female gender. Sec. 6-3. Animal Control Section and Supervisor. (a) The Animal Control Section shall be a unit of the Department of Public Health and shall be in the charge of a person having suitable qualifications and designated by the city as the Animal Control Supervisor. (b) In addition to the duties specifically prescribed in this chapter, it shall be the responsibility of the Animal Control Supervisor to execute such other duties under the jurisdiction of the department of public health as the director may delegate. (c) The Animal Control Supervisor shall supervise the operation of the city animal shelter. (d) All moneys collected by the Animal Control SPrtion under the terms of this chapter shall be paid to the Collection Section of the city each week as collected; provided such moneys may be paid more often to the Collection Section if the balance on hand at the Animal Control Section shall exceed one hundred dollars ($100.00). Sec. 6-4. Interference with Animal Control Officer. It shall be unlawful for any person to interfere with an Animal Control Officer while engaged in the performance of his/her duties. Sec. 6-5. Compliance with Chapter Required for Keeping Animals. It is unlawful and it shall be a misdemeanor for any person•to do any act forbidden or fail to do any act required in this chapter. Unless specifically required herein, no mental element need be present to constitute an offense under this chapter. Sec. 6-6. Compliance with Sanitation Standards Required for Keeping Animals. The owner of any animal within the city as authorized in this chapter shall comply with the standards of sanitation established therefor by the City Health Officer. Sec. 6-7. Compliance with Chapter Not Relief from Compliance with Other Regulations. The keeping of any animal in accordance with the provisions of this chapter shall not be construed to authorize the keeping of the same in violation of the zoning ordinance or any other ordinance of the city. Sec. 6-8. Inspection of Animals and Premises. Animals and premises whereon animals are kept or maintained shall be subject to inspection by the City Health Officer, or his/her authorized representative or employees, or an Animal Control Officer, at any reasonable hour, or at any hour in cases of emergency. Sec. 6-9. Abatement of Conditions Not Complying with Chapter. Whenever any premises where animals are kept are in an unsanitary condition or the facilities are not in keeping with the provisions of this chapter or any other regulations herein, or if any health ordinance or law is not observed, the City Health Officer or his/her representative may by written notice to the person responsible for the condition of the premises or the keeping of the animals or the person owning or in control of such premises order the abatement of the conditions which are not in accordance with this chapter or other regulations, or conditions which constitute a nuisance. Failure to comply with such order shall, in addition to any criminal proceedings, be grounds for and entitle the city to obtain relief by injunction. ARTICLE II. LICENSES AND PERMITS Sec. 6-10. Licensing. (a) It shall be unlawful for any person to own, keep, harbor, or have custody or control of any dog or cat over four (4) months of age within the city without first obtaining a valid license for each such dog or cat as herein provided. (b) Written application for licenses and payment of the applicable license fees shall be made to the Collection Section or participating veterinarians. The application shall include the name and address of the applicant, a description of the animal, and a currently valid rabies certificate issued by a licensed veterinarian which shall cover at least six months of the term of the license to be issued. 7 (c) The annual license fee shall be as follows: (1) Each spayed or neutered dog or cat: $3.00 (2) Each dog or cat not spayed or neutered: $6.00 No fee shall be charged for a license issued for any dog actually used by a blind or deaf person to aid such person in going from place to place. (d) If not revoked, such license shall be effective for a period of one calendar year. Application for license renewal may be made during the months of December and January. (e) Application for a license must be made within thirty (30) days after obtaining a dog or cat over four (4) months of age, except that this requirement will not apply to a non-resident individual keeping a dog or cat within the city for no longer than sixty (60) days. (f) Upon acceptance of the dog or cat license application, the Animal Control Supervisor or delegated veterinarian shall issue a durable license tag, stamped with an identifying number and the year of issuance. Tags shall be designed so that they may be conveniently fastened or riveted to the animal's collar or harness -- (g) Dogs and cats must wear license tags at all times. A duplicate license tag may be obtained upon payment of a two dollar ($2.00) replacement fee. (h) No person may use any license for any animal other than the animal for which it was issued. (i) The Animal Control Supervisor shall cause to be maintained a current record disclosing serial numbers of dog and cat licenses and license tags issued, and the names and addresses of persons to whom the same are issued. Sec. 6-11. 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, duly authorized representative or employees may enter upon private property to the full extent permitted by law, which shall include, but not be limited to entry upon private, unfenced property, except dwellings located thereon when in pursuit of any animal which he has reason to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws. 8 • Sec. 6-12. License and Permit Revocation. (a) The City Health Officer may revoke any license or permit issued pursuant to sections 6-10 and 6-24 after giving the holder prior written notice and conducting a hearing, if the person holding the license or permit refuses or fails to comply with this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of animals. Written notification shall be deemed made when a certified letter return receipt requested, addressed to the address indicated in the holder's last permit or license application, is deposited in the U.S. Mail. Any persons whose license or permit is revoked shall within ten (10) days thereafter and in a manner indicated in the notice of revocation, humanely divest himself/herself of all animals owned, kept, or harbored by such person by authority of such permit or license. No part of the permit or license fee shall be refunded. .(b) The City Health Officer may revoke the license for any animal for which permission to inspect such animal pursuant to section 6-8 has been refused by the applicant or owner of the animal. (c) The City Health Officer may revoke the permit for any premises for which permission to inspect such premises pursuant to section 6-8 has been refused by the applicant or holder of such permit, or the person in charge of such premises at the time the request for inspection is made. (d) If an applicant has withheld or falsified any information on the application, the Animal Control Supervisor may refuse to issue a permit or license or may revoke any permit or license issued in connection with such application. (e) 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 shall be issued a permit or license. (f) Any person having been denied a license or permit for any reasons other than subsection (e) above may not reapply for a period of thirty (30) days after such denial. Each reapplication shall be accompanied by a nonrefundable ten dollar ($10.00) fee. Sec. 6-15 - 6-19. Reserved. 9 ARTICLE III. ANIMAL AND RABIES CONTROL - Sec. 6-20. Restraint. It shall be unlawful for an owner to fail to keep such owner's animals under restraint as follows: (a) Except for cats, all animals shall be kept under restraint as defined in this chapter. (b) Owners shall exercise reasonable care and control of their animals to prevent them from becoming public nuisances. Sec. 6-21. Impoundment. (a) Animals may be impounded by the Animal Control Section in any of the following circumstances: 1. Any dog not kept under restraint as required by this chapter. 2. Any dog or cat not having affixed to its collar a valid city license tag. 3. Any dog or cat for which a valid city license has not been issued. 4. Any animal which constitutes a public nuisance. 5. Any animal that a person could reasonably suspect as having any infectious or contagious disease other than rabies and being in the custody of a keeper who fails or refuses to make arrangements satisfactory to the Animal Control Supervisor looking to the proper treatment of such dog or other animal. 6. Every animal that has rabies or symptons thereof, or that a person could reasonably suspect as having rabies, or every animal that has been bitten or scratched by another animal, or that bites, scratches or otherwise attacks another animal or other person within the city. • 7; Any animal not kept by the owner in conformity with this chapter or state law. (b) Impounded animals not claimed shall be kept for not less than three (3) working days from the date of impoundment. In calculating the length of this time period, the first working day after impoundment shall be considered Day 1. - 10 (c) If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Control Officer shall as soon as practicable after impoundment notify the owner by telephone, if reasonably possible, and, if not, then by mail, advising that, if the animal involved is not redeemed within five working days, disposition will be made in accordance with this chapter. (d) Impounded animals, other than those impounded for observation for rabies, shall be subject to immediate redemption. Such animals may be redeemed by anyone entitled to possession thereof while the same are in the city shelter after paying the appropriate fees and making the required deposit, as follows: (1) Impoundment fee. (A) First impoundment $10.00 (B) Second or subsequent impoundment within the preceding- twenty-four (24) months - $20.00 (2) Boarding charge. A boarding charge determined, published and set annually by the Director of Public Health, but not to exceed the reasonable cost of boarding, feeding, and caring for such animal for the period of impoundment. (3) Rabies vaccination charge. All charges for rabies vaccination if required. (4) Deposit for dogs or cats not spayed or neutered. A twenty- five dollar ($25.00) deposit shall be made. to the Animal Control Supervisor and the owner shall agree to have such redeemed dog or cat spayed or neutered within thirty (30) days from the date of redemption, or, in the case of a female dog or cat, before such dog or cat reaches six (6) months of age, or, in the case of a male dog or cat, before such dog or cat reaches nine (9) months of age, whichever is later. Such deposit shall be refunded in full if the redeeming owner shall present to the Animal Control Supervisor a certificate from a licensed veterinarian evidencing proof of such spaying or neutering. The deposit for any dog or cat which has been redeemed, but for which no certification of spaying or neutering has been presented within the time prescribed, shall be forfeited to the city. 11 In case any animal impounded sought to be redeemed is suffering from any disease or ailment, it shall not be released until the Animal Control Supervisor shall be satisfied that arrangements looking to its proper treatment are assured. Animals put under observation as described in section 6-23 shall become subject to redemption when found to be free from rabies. (e) Except as provided in subsection (c), impounded animals not redeemed by their owner within three (3) working days following impoundment shall become the property of the City and shall be placed for adoption in a suitable home or humanely euthanized. (f) A person may adopt an animal after the expiration of the redemption period provided in subsection (e) and after paying the fees and making the required deposit equal to those which would be required for redemption set forth in subsection (d). '(g) No impounded dog or cat shall be released unless the person to whom the dog or cat is released holds a valid city license and a valid license tag. (h) Dogs and other impounded animals not redeemed or adopted as provided for in this section shall be humanely euthanized at the city shelter under the direction of the Animal Control Supervisor. The carcasses shall be deposited in such place as may be agreed upon by him/her and the City Health Officer. (i) The Animal Control Supervisor shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2) years. In the case of dogs and cats, the license tag number shall be noted and the name of the person to whom it was issued. In the case of each identifiable animal, it shall be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom such animal was delivered and the deposits or fees and charges received from such persons. (j) In addition to, or in lieu of, impounding an animal, an Animal Control Officer or any police officer may issue to the owner of such animal a notice of violation. This notice shall provide a space thereon for the party charged to waive trial on the merits and enter a plea of guilty or nolo contendere. In the event the party charged desires to enter a plea of not guilty, such person may obtain a trial setting from the clerk of the municipal 12 court. Notwithstanding any other provision of this subsection, persons charged with a violation may, after entering a plea of guilty or nolo contendere in the space provided, pay a fine in the amount of twenty-five dollars ($25.00) for such violation, to the clerk of the municipal court within ten (10) days. Sec. 6-22. Rabies Vaccination. (a) It shall be unlawful for any person to own, keep, harbor, or have custody or control of a dog or cat over four (4) months of age within the city, unless such dog or cat has been immunized against rabies by the injection of anti -rabies vaccine by a licensed veterinarian. (b) Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. (c) A veterinarian who vaccinates a dog or cat as required herein shall furnish the owner thereof with a metal tag approved by the City Health Officer bearing a number corresponding to the number placed on the certificate, and with lettering _showing immunization and the date thereof. This tag shall be attached to_the collar of the dog or cat for which it is issued, and shall be worn at all times in a conspicuous place on the collar. (d) A veterinarian who vaccinates within the city a dog or cat against rabies shall send a copy of the vaccination certificate to the Animal Control Section within thirty (30) working days after administering the vaccination. Sec. 6-23. Animals Exhibiting Symptons of Rabies. (a) Every animal that has rabies or symptons thereof, or every animal that a person could reasonably suspect as having rabies, or that bites, scratches or otherwise attacks another animal or any person within the city shall be impounded at once and held for observation and quarantine at the city shelter or other place designated by the City Health Officer for such period of time as the City Health Officer may deem necessary, provided, however, such period of time shall not be fewer than ten (10) days nor more than fourteen (14) days. (b) No animal that has rabies shall be allowed at any time on the streets or public ways of the city. No animal that has been suspected of having 13 rabies shall be allowed at any time in public places, except as expressly provided herein' until said animal has been released from observation by the City Health Officer. (c) The owner of any animal that is reported to have rabies or symptons thereof, or to have been exposed to rabies, or to have bitten, scratched or otherwise attacked any person within the city, or that the owner knows or suspects to be rabid or to have attacked an individual, shall submit such animal for quarantine to the Animal Control Supervisor, or any police officer. In the event the owner of such animal refuses to surrender such animal on demand, such action shall, constitute a misdemeanor and upon conviction be punishable by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00). (d) Any person having knowledge of any animal exhibiting symptons of or exposed to rabies, or that has bitten or otherwise attacked any human being, shall immediately report the incident or animal to the Animal Control Section. The report shall include the name and address of any victim and of the owner of the animal, if known, and any other information relating to the incident or animal. The Animal Control Supervisor shall inform the City Health Officer at once, in person or by phone, and follow up with a written report. (e) 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 any other communicable disease shall, within twenty-four (24) hours thereafter, report in writing to the City Health Officer and the Animal Control Supervisor the following: 1. The location of such animal. 2. The name and address of the owner thereof. 3. The type and character of the disease. (f) Every veterinarian practicing within the city limits shall keep detailed records of animal rabies vaccination and, upon request of the Animal Control Supervisor, acknowledge to such officer whether an animal of a particular location, or owned by a named person, has been vaccinated within the last twelve (12) months. (g) The City Health Officer shall investigate and record all cases of rabies and suspected rabies. 14 (h) The body of any animal that has died of rabies or that dies or is destroyed while in quarantine shall not be disposed of except as directed by the City Health Officer. (i) The owner of an animal quarantined under this section shall pay to the Animal Control Supervisor the reasonable costs of the quarantine and disposition of the animal, including charges for shipment of the animal's head or brain, if required, to the nearest Texas Department of Health laboratory for testing. Sec. 6-24. Guard Dogs. (a) Guard dogs. 1. Definitions. (A) "Guard dog" is any dog that is utilized to protect commercial property, as defined below. (B) "Commercial property" (1) is a portion of land and/or buildings zoned for, or utilized for commercial or business uses, in the city, including temporary sites. (ii) is any vehicle utilized for commercial or business purposes in the city. (C) "Handler" is a person who is responsible for and capable of controlling the operations of a guard dog. (D) "Housing" is any location where the guard dog is kept when not utilized for protection purposes. (E) "Anti -escape" is any housing, fencing or a device which the guard dog cannot go over, under, through or around. 2. Guard Dog Permits. (A) A guard dog permit must be applied for each commercial property where guard dogs are to be used or where dogs are to be kept, boarded, bred, sold, let for hire, or trained for a fee for guard dog purposes. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the Animal Control Supervisor. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the permit year. However, such transfers 15 shall not be effective until an Animal Control Officer has inspected and approved required facilities at the new location and the information required below for permit applications has been recorded. Five working days advance notification to the Animal Control Supervisor shall be required for permit transfers. (B) Guard dog permit applications shall include the following information: (i) The business name, address, and telephone number of the commercial property where guard dogs are to be used. (ii) The name, address and telephone number of the dogs' handler(s) who can be reached at any time during the day or night. (iii) The number of dogs to be used and a general description of their use. (iv) The location where dogs are to be housed; and (v) Any other information that the City Health Officer deems necessary by rule and regulations. Permit holders shall notify the Animal Control Supervisor if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued. (C) An Animal Control Officer shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed. (D) If the inspection reveals that the requirements of this section are met, a fifteen dollar ($15.00) permit fee for each approved commercial property shall be paid to the city and special guard dog idenfication tags shall be issued by the Animal Control Supervisor. The permit shall be' displayed at the approved commercial property and an identification tag shall be affixed to the collar of each dog used. Nothing in this section shall exempt guard dogs from any of the other provisions of this chapter. (E) Each permit shall be valid for the period of one year and must be renewed annually within thirty (30) days after the renewal date. The renewal fee shall be fifteen dollars ($15.00). (F) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial property; provided that 16 for those commercial properties where guard dogs are in use when this ordinance becomes effective, there shall be a ninety (90) day period in which to obtain the permit without penalty. 3. Housing and facilties where the guard dog is utilized; inspections. Whenever there is a guard dog on the premises, the standards of this section, in addition to the other requirements of this ordinance, shall be complied with. (A) Housing must have anti -escape fences completely sur- rounding it, and/or be an anti -escape building sufficient to house guard dogs. (B) All gates and entrances to the area where the guard dog is house, used or trained must be kept locked when not in use. (C) Additional measures judged necessary by the Animal Control Supervisor must be taken to protect the public from accidental contact with any guard dog. (D) Where guard dogs are used outside buildings, the area must be enclosed by at least a six-foot chain link fence or other fence of equal security, wall or adequate wood fence, to which anti -escape devices have been added. (E) In order to control noise, the Animal Control Supervisor may require a sight barrier which breaks the dog's line of sight. (F) In buildings where the guard dogs are used, exterior glass must be adequate, or additional protective measures required by the Animal Control Supervisor taken by the owner to prevent the dog from jumping through it. (G) The building and yard in which a guard dog is used must be posted with guard dog signs, approved by the Animal Control Supervisor, that shall not be more than 200 feet apart, and shall be at all property corners and at every entrance into the area. (H) For guard dogs either transported or utilized in vehicles, measures prescribed by rule and regulation by the City 17 Health Officer must be taken to protect the public from accidental contact with a guard dog. (I) A handler is required to be physically present while guard dogs are being utilized at temporary sites which do not comply with this section of the ordinance or at those commercial locations that do not comply with the provisions of this section of the ordinance. (J) An Animal Control Officer may conduct inspections and examinations of guard dogs and guard dog establishments at such intervals as he deems necessary to insure that standards are met. 4. Exclusions. Dogs which are used as private guard dogs on the property of their owner's private residence shall be excluded from the provisions of this section unless said residence is located on premises utilized for commercial purposes. (b) It shall be unlawful for any owner or person in control of any guard dog .to keep or permit the same in or about any public house, public place, street, or alley in the city. The City Health Officer shall have the authority to revoke the dog license of an owner or a dog which is determined to be vicious in accordance with Section 6-12. Secs. 6-25 - 6-29. Reserved. ARTICLE IV. CARE AND KEEPING OF ANIMALS Sec. 6-30. Animal Care. It shall be unlawful to violate the following provisions for animal care. (a) No owner shall fail to provide such owner's animals with sufficient good and wholesome food and water, necessary shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. (b) No person shall beat, cruelly treat, torment, overload, seriously overwork, or otherwise abuse an animal, or cause, instigate, or permit one animal to fight with another animal or human being. 18 (c) No owner of an animal shall abandon or neglect such animal. (d) No person shall crop a dog's ears, or dock a tail, or remove dew claws except a licensed veterinarian. (e) Live chickens, ducklings, goslings, or rabbits less than eight (8) weeks of age, may not be sold or delivered to any person within the period ten days prior to Easter Sunday in quantities of not less than five. (f) No person shall give away any live animal as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (g) No person shall sell, offer for sale, barter or display any living chickens, rabbits, ducks or any other fowl or animal which has been dyed, colored, or otherwise treated so as to impart to them an artificial color. (h) No person shall expose any poisonous substance, whether mixed with food or not, so that the same shall be likely to be eaten by any animal, provided that it shall not be a violation of this chapter for a person to expose on his own property common rat poison having a blood -thinning agent or other agent approved by the Health Department, mixed only with vegetable substances and intended for consumption by rats or mice only. (i) Enclosures used to confine animals shall be maintained in a clean and sanitary condition at all tunes. (j) No person shall hitch or stake out any animal, or permit such animal to be hitched or staked -out so that it can go upon or stretch any rope, chain or strap or other thing to which it is hitched or staked -out into any sidewalk or street. (k) No person shall tie or fasten any animal to any lamppost, lightpole, utility pole, awning post, tree, fence, hydrant or shrubbery belonging to another without the consent of the owner. Sec. 6-31. Performing Animal Exhibitions. (a) No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. 19 (b) All equipment used on a performing animal shall fit properly and be in good working condition. Sec. 6-32. Keeping of Certain Animals Prohibited. No person shall keep, own, maintain, use or have in such person's possession or on premises under such person's control, within the city, any of the following: (a) Any vicious animal; (b) Any guard dog, except in accordance with section 6-24 hereof; (c) Any livestock or fowl, except when raised as part of an animal husbandry program for youths; or in accordance with section 6-33 hereof; (d) Any prohibited - animal, except those which, on the date of publication- following the third_ and final reading of this ordinance, are present within the City and are owned- by _a -person who makes application to the City - Health Officer for a prohibited animal permit on or before April 3Q, 1981, and who has been granted -a _prohibited animal permit pursuant to regulations promulgated ---by the City -Health_ Officer and on file with the City Secretary; provided, however, that—such permit shall not be required for a bona fide zoological park; and (e) Pigeons other than homing pigeons, and homing pigeons except when banded, and raised for other than commecial purposes and when confined to closed- lofts,_ except for owner supervised training or exercise flights. Sec. 6-33_ _Keeping of Any Livestock of Fowl. The keeping on any _premises in the city of any fowl or livestock not - prohibited by- section 6-32, - is -prohibited unless the pens, stalls or other facilities for keeping the same shall be so located that the livestock or fowl cannot come within one hundred (100) feet of any dwelling or business building owned, used or maintained by any person other than the keeper, or five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. This provision shall not apply to fowl which are kept in completely enclosed and solidly -walled facilities, or to species of birds other than poultry. Secs. 6-34. Keeping of More than Six Pets. The keeping on any premises in the City of any pets in any number exceeding sit (6) in aggregate is prohibited unless the pens, stalls or other 20 enclosure facilities for keeping the same shall be so located that the pets cannot come within one hundred (100) feet of any dwelling or business building, owned, used or maintained by any person other than the keeper, or five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments. Sec. 6-35. Maximum Combined Number Permitted. The keeping upon any premises in the City of a combined total of more than fourteen (14) animals is hereby forbidden unless the pen, stall or other enclosure facility used for the keeping of the same shall confine the same as not to permit the same to come within five hundred (500) feet of the exterior limits of any -building used for- human habitation or used for the business of any person other than the keeper (unless the keeper is within one or more of the exceptions -set forth in -section -6-36), or five hundred (500) feet of any food service - establishment or food processing establishment, regardless of ownership or occupancy of such establishments. Sec. 6-36. - Exceptions to -Distance and Number Requirement Regulations. (a) - Laboratories and Veterinarians and others listed. Where the keeping of livestock or fowl in -medical laboratories or educational institutions for medical research or in veterinarian hospitals for treatment or on the premises of any recognized humane society, such livestock or fowl shall be kept under conditions prescribed -=by -the= City Health Officer for such limited purposes without the necessity of- compliance with the distance and number requirements prescribed in this chapter. - (b) Pet -shops: • -Pet shops -keeping all animalsin completely enclosed and solidly -walled - facilities need not comply with the distance and number requirements prescribed in this chapter. - (c) - Lawfully existing premises and premises in newly annexed area. Where any animal is being ,kept at lawfully existing premises within the city immediately prior to the passage of this section on 'T a /ai/9Ii or at a location outside of the city limits and by annexation the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements shall not apply for a period of five (5) years from and after the passage of this section or the date of annexation, respectively. - -Extensions of- this exemption may be obtained for successive one-year periods 21 • • by applying for and obtaining a certificate from the City Health Officer certifying to the existence of sanitary conditions of the premises and neighboring premises, but such exemption under this provision shall not in any event, extend beyond ten (10) years from the date of the passage of this section or the adoption of the annexation ordinance, respectively. Sec. 6-37. Animal Waste. (a) The owner of every animal shall be responsible for the removal of any feces deposited by such owner's animal on public or private property. (b) Feces deposited by an animal upon public property or upon the private property of any person other than such animal's owner shall be collected and removed_ at once by such animal's owner. Animal feces deposited upon any other property shall be collected and removed daily. (c) Collection and removal- of animal feces shall be in a container of such a type that, -when closed, is rat -proof and fly -tight. Such container shall be kept closed after- each collection. At least once a week, each such animal owner shall cause all feces so collected to be disposed of in such a way as not to permit fly breeding. Sec. 6-38. Storage of Feed. All feed provided_ for animals shall be stored and kept in a rat -proof, fly -tight building, box, container or receptacle. Sec. 6-39. Reserved. ARTICLE V. WILDLIFE AND BIRD SANCTUARIES Sec. 6-40_` Wildlife and Bird Sanctuaries - Designated. (a) Subject to the further order, regulations and control by the city council there is hereby designated as a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the county and more particularly described in two (2) deeds: One deed dated December 30, 1954, of record in Volume 669, pages 189-191 of the Deed Records of Nueces County, and one deed dated January 7, 1955, of record in Volume 672, pages 346-350 of the Deed Records of Nueces County, Texas. This designation shall not prohibit nor prevent the continued use of such land as a part of the facilities of the water division of the department of public utilities, and any operations by city 2 - employees in draining or otherwise using such tract of land by such water • division shall be exempt from the provisions of section 6-41. (b) Subject to the further order, regulation and control by the city council and the Lower Nueces River Water Supply District there is hereby designated as a wildlife and bird sanctuary all area situated in Jim Wells and San Patricio counties lying east of the Wesley Seale Dam and more particularly described as follows: All of that area bounded on the south by the city operations road on the Wade property; bounded on the west by the Wesley Seale Dan -i; bounded on the north by a line parallel to State Park Road 25 and immediately south of the trunk lines gaging station and extending from the south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and thence along Park Road 25 to its intersection with the Southern Pacific -Railroad right-of-way; and bounded on the est by the Southern Pacific -Railroad west right-of-way line to said city operations road. This designation shall not prohibit nor prevent the continued use of said land as a part of the facilities of the water division of the department of public utilities - and the operations of the city and the water district in connection with the using of said. tract, and the said water reservoir shall be exempt from the provisions of section 6-41. This designation is subject to the heretofore existing rights of the Campfire Girls' lease on a portion of the water reservoir site. (c) Subject to the_ further order, regulation and control by the city council there- is hereby designated as a wildlife and bird sanctuary all of that area owned by the city, and being a tract or parcel of and, consisting of one hundred fifty-five and six -tenths -(155.6) acres of land, more or less, at or near the O. N. Stevens Water Plant, purchased in or about 1953; however, there is excepted from the said sanctuary the fenced portion around the water treatment plant proper. For greater certainty the designation herein made is delineated in black and yellow boundary lines and perimeters on the annexed Exhibit A, by this reference incorporated herein for all purposes, being Plan No. 5 Stevens Plant Storage. - There is presently an agricultural lease covering thirty-five (35) acres more or less. Said agricultural lease is the culvitated land on the west portion of the entire tract, and the Corpus Christi Outdoor Club, Inc., or any other person, firm, or corporation not duly, expressly 23 authorized by the city council so to do, shall not interfere with the lessee or his agricultural properties, This designation shall not prohibit nor prevent the continued use of said land as a part of filtration plant or as a part of the facilities of the water division of the department of public utilities and any operations by city employees in draining or otherwise using said tract of land by said water division shall be exempt from the provisions of section 6-41. The city will not be required to furnish additional police patrol or to expand its operations or workload in order to enforce any new requirements. The city maintains certain roadways and cuts grass in areas at the said 0. N. Stevens Plant for operational purposes. The city will continue this maintenance and -may expand the operation to new areas; however, any expansion will be minimized to maintain a state of nature within the area proposed to be designated as a wildlife sanctuary. The use of the land by the club or its duly authorized agents, shall be as wildlife sanctuary only. The club will maintain the land in a state of nature and -no buildings, fences or- other structures will be constructed on the land by the club. All sanitary regulations must be observed by all parties involved and any sanitary facilities must be constructed in accordance with the city's regulations. These facilities must be approved by the city prior to any construction. Sec. 6-41. Same - Regulations. The -following regulations shall be applicable to the areas designated in section 6 -40 -and in all other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city limits or owned by the city, whether within the city limits or outside the city limits: (1) It is unlawful. for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by the city council at any time. (2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird sanctuary within the city. 24 (3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or bird sanctuary within the city. (4) No clearing of grass, brush or trees will be permitted without permission from the city and the water district acting through the reservoir superintendent. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. This ordinance shall take effect on April 1, 1981. SECTION 5. Publication shall be made one time in the official publication of the _ City of Corpus Christi, by publishing the caption of this ordinance stating in substance the purpose, intent, and effect of the aforesaid ordinance. 25 That the foregoing ordinance %7 read for he first time and passed to its second reading on this the day of ��! �� , 19 , / , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinance s read for sec nd time ayye� passed to its third reading on this the / day of , 19 b'/ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K.•Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinance xas rea on this the 09,4r -day of , 19: / , by the following vote: for the third time and passed finally Luther Jones Edward L. Sample Dr. Jack Best Jack K.•Dumphy Leopoldo Luna. Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the arday of %%ja. , 198/ . ATTEST: ,'eretry APPROVED: '� �� rr,, `DAY OF21/1- rt/ , J. BRUCE AYCOCK, CITY ATTORNEY By /4:de Assistant Cit A orney MAYOR _11(;1. 5 THE C OF CORPUS CHRISTI, TEXAS That the foregoing ordinance wa read for second reading on this the 7%4 day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky first time an passed to its ,19 ) , by the That the foregoing ordinances read fothe secpnd time and passed to its third reading on this the day of ,, , 191/ , by the following vote: Luther Jes Edward L. S. ple Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordina. - as read or the third time and passed finally on this the _2s— day of I 199/ , by the following vote: Luther Jo -s Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the day of , 19 ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPPrPVED: '7 DAY OF,f5;„..k&ry , 1951 : J. BRUCE AYCOCK, CITY (ATTORNEY By (_ Assist�a, t 'ty Attorn ANIM 2%111164 DE.,22F ORDINANCE CITY CSF—"C-O R W" CHRISTI, 1976 REVISION AND SUBSTITUTIR.G THEREFOR A NEW CHAP TER 6 AYJIMAyCONTRO DESIGNATING SHE A I MAL CONTROL SECTION ANIMAL CONTROL PERVISOR AND ANIMA CONTROL OFFICER AND PROVIDING FO THE REGULATION OF A (MALS AND THEIR KE ING WITHIN THE CI Y INCLUDING REQUIRIrtQ DOGS AND CATS TO BE LI CENSED, REQUIRIE16 PERMITS FOR GUARD DOGS, PROVIDING F REVOCATION OF LI CENSES AND PERMIT FOR VIOLATIONSOF TCHAPTER, REQUIR 5 RABIES VACC NATIIN FOR DOGS AND CATS, QUIRING THE HUMAN KEEPING AND TRE MENT OF ANIMALS, RE QUIRING CERTAIN AW MALS TO BE KE Tj UNDER RESTRAINT AND NOT RUN AT LARGE, PR0. VIDING FOR THE LM POUNDMENT OF ANI MALS FOR VIOLATIO OF THE CHAPTER, PRO- VIDING FOR REDEMP= TION OF IMPOUNDED AN- IMAI:S, PROVIDING FOS REDEMPTION OR ADO. TION, FEES AND DEP ITS, REQUIRING THE REEJ PORTING O MALS D IMPOUNDMENT AND QUARANTINE OF A HAVING SUSPECT PR F HIBITING GUARD DOGS IN PUBLIC PLACES, PRO- HIBITING CERTAIN ANI MAL EXHIBITIONS AND THE KEEPING OF CER TAIN ANIMALS WITHIN THE CITY, INCLUDIN WILD ANIMALS AS PE PROHIBITING THE KE P.,{ ING OF LIVESTOCK 0g FOWL EXCEPT UND CERTAIN CIRCUM STANCES. PROHIBITINSP THE KEEPING OF MORE THAN SIX PETS WHOSE PENS COME WITHIN ONE HUNDRED FEET OF T DWELLING_OR BUSINE OF -ANOTHER OR WITH FIVE HUNDRED FEET 'ANY FOOD SERVICE ING TFfE KEEPING MORE THAN. FOURTEEN ANIMALS ON ANY PREMI ISES IN THE CITY WHOSE PENS ARE WITHIN FIV HUNDRED FEET OF THE. BUILDING OF ANOTHE$ OR WITHIN FIVE HUN; DRED FEET OF AN, FOOD SERVICE ESTA LISHMENT, SETTI FORTH CERTAIN EX EMPTIONS TO DISTAN AND NUMBER REQUIREI MENTS FOR CERTA LABORATORIES, VETERI- NARIANS, PET SHO Nsal AND LAWFULLY EXIST- ING PREMISES A PREMIS IN NEWLY AN- NEXED AREAS, R THE OF RINGUIAN MAL WASTE,OAA111111 PRESCRIBING PENAL TIES FOR VIOLATION THIS CHAPTER, RE- PEALING ALL OR NANCES IN CONFLICT HEREWITH PROVIDI ANY EFFECTIVE DATE AND PROVIDING F PUBLICATION 4 WAS PASSED AND PROVED by the City Coon. of the City of Corpus Chrstw Texas, durin0 the Regula Council Meeting held on 1 25th day of March, 1981, at 2 00 p m and providing pu ljcation one time in the o b oal publication of the City ,t Corpus Christi, Texas MN' ISSUED UNDER HAND AND SEAL of McI City of Texas this Corpus heu26th dat y o March, 1981 s-Bdl.Read City Secte' 049 o4Corpu Christi Tex INTER - OFFICE COMMUNICATION Corpus Christi-Nueces County Dept. of Public Health & Welfare Division Health Tg: Marvin Townsend, City Manager THRU: Wm. Hennings, Asst. City Manager FROM: C. M. G. Buttery, M.D., Director/ DATE: • March 26 ,1981 SUBJECT: Exotic Animal Permits Please find herewith the requirements for obtaining a permit for exotic animals. This should be filed with the City Secretary as required by the amended Animal Control Ordinance. Permits for Exotic Animals Procedure To obtain a permit for an exotic animal it is necessary to complete the following tasks: - I) Pay a non-refundable fee of $50.00 made out to: City of Corpus Christi. II) Provide -a description of the animal for which you desire a permit which includes at least the following, and any additional information you wish that will allow identification of your animal from others of its kind. 1. a) ANIMAL CLASS (E.G. Reptilia, Ayes, Mammalia) b) ANIMAL ORDER (E.G. Primata, Rodentia) c) ANIMAL FAMILY (E.G. Canidae, Urdisae) d) ANIMAL -SPECIE (E.G. Cougar, Ostrich, Anaconda, Falcon). Also include any com- mon name useti. — -. * If you are not familiar with the -terms, your veterinarian will be able to supply the proper ores. 2. a) HEIGHT in normal posture, stating point at which height measured, e.g. shoulder, head as applicable. - -- - b) LENGTH. This must be overall length from nose to tip of tail (if one present). If length includes a tail, also include length of animal without tail, or state length of tail and how measured (from what point to what point). c) WEIGHT in pounds or fractions thereof. d) AGE -at time ofapplicatiomfor-permit. 3. DESCRIPTION: The general description of the animal must be complete enough to allow identification from similar ones. This must include color(s) of fur or skin, including sufficient de-• tail of differing colored areas (such as white face, block paws) to ensure identification. Polaroid photographs from front, back and both sides must be provided to ensure identification should animal - be found at large. Identification of specific marks such as "Blaze", Scars, must be included. -• _ r ... ._ail III) Copies of CERTIFIED LETTERS sentto all residents whose property lies within 200 feet of your -.:.i- property lines must be provided as part of the application. The letters must state your intention to keep•the animal on your property and must include the specie name of the animal, its current age and expected size when fully grown. The letter must also state that all comments regarding the keeping of this animal at your residence must be addressed to: Director of Health -r. - ._ ,t:a' P. O. Box 9727 „s Corpus Christi, TX 78408 and must be mailed within 7 days of receipt of the certified letter. HA 2 64 (Rev..75) In lieu of such certified letter a statement in writing from the occupants of such property, stating that there is no objection to the keeping of such animal by any person in residence on the property, including the specie name, age and mature size of the animal, properly notarized as being a true statement by all occupants may be provided. IV). An expert on the keeping, care and control of your animal must be obtained at your cost from the attached list of members of the Texas Association of Zoological Veterinarians. This individual must visit the site at which you intend to keep the animal you presently own. This expert will then be required to present a written statement to the Director of Health at the above address testifying to the following. a) That in his/her opinion you and others residing with you have the knowledge necessary to humanely raise, care for and contain the animal. b) That you have a cage or other containment method suitable for the specific animal for which the permit is applied, that will ensure the continued safe restraint of this animal and pro- tection of all others from the animal by either voluntary or involuntary acts on their part. The expert will have to have seen and inspected the confinement area to so testify'. The expert will have to provide sufficient information for the Animal Control Division of the Health Department so they can inspect the animal's habitat from time to time and ensure it is being maintained as required by this expert. c) The experl=must state what special health care, if any, must be provided for the animal including immunizations against various communicable disease, if appropriate)and you must provide proof of complying with these requirements. d) The expert must detail the conditions for continued veterinary care for maintenance of health and treatment for disease, to include methods of transportation and security that must be provided during such transportation, or a statement that such care must be obtained by home visits of the veterinarian. e) The expert must testify to the arrangements to be made in case of sickness or absence of the owner from the site, such that continued care and supervised confinement of the animal will be main- tained at all times. Names of such temporary keepers of the animal should be provided as part of the application. V) Proof of insurance against damage to property or injury to others from this animal in the amount of at least $250,000 must be filedwiththe permit. VI) A statement signed by the applicant for "acceptance of Total and Complete Responsibility for any harm to persons or property as the result of action of the animal for whatever reason" must be included as part of the permit application. VII) You will have forty-five (45) days from time of application for this permit to complete all the requirements for issuance of the permit. A single extension may be given upon proof of unusual or extenuating circumstances. Any request for extension must indicate the reason for the extension and the length of time requested. Failure to comply with the permit requirements within forty-five days will•be cause for automatic denial of the permit. VIII) The Director of Health may deny the permit if,after consideration of the information in the - permit application, including the recommendation of the animal expert and comments of residents within 200 feet from your property lines, it is his judgment that keeping the animal poses an unac- ceptable risk to public health and/or public safety. IX) If the permit is denied: a) This action may be appealed to the Animal Control Advisory Board by filing a written appeal with the Director addressed to the Animal Control Advisory Board within 14 days of the denial. b) The Animal Control Advisory Board shall hold a hearing within fourteen days of the filing of the appeal to review the director's decision. The Board may uphold the director's de— cision or order issuance of the permit. c) If the Animal Control Advisory Board upholds the director's decision, the Board's de— cision may be appealed to City Council by a written notice of appeal addressed to the City Sec— retary within fourteen (14) days of the Board's action. The decision of the City Council shall be final. X) THERE IS NO PROVISION in the permit system FOR allowing THIS ANIMAL TO BE AT LARGE UNDER ANY CIRCUMSTANCES. THIS means that walking the animal outside the confine— ment area approved by the animal expert WILL BE CONSIDERED A VIOLATION AND may be CAUSE FOR IMMEDIATE REVOCATION OF THE PERMIT. XI) Annual renewal of the permit for keeping a prohibited animal will be required on January 1st of each year. a) A nonreturnable fee of $10.00 is required. b) A certificate from your veterinarian will be required stating that the animal remains in good health and that its conditionhasnot changed from the time of issuance of the original permit, and that its continued keeping poses_nohealth hazard to persons or animals. - c) -Inspection of the confinement area will be performed by the Animal Control Division of the Health Department to ensure the confinement is being maintained as required upon issuance of the permit. XII) ESCAPES UPON ESCAPE OF THE ANIMAL FROM ITS CONFINEMENT AREA YOU ARE REQUIRED TO IMMEDIATELY NOTIFY THE ANIMAL CONTROL DIVISION OF THE HEALTH' DEPARTMENT. IF AT NIGHT, THE POLICE DISPATCHER WILL CONTACT THE DUTY ANIMAL CONTROL OFFICER. YOU ARE REQUIRED TO TAKE PART IN THE CAPTURE OF THE ANIMAL. IF THE ANIMALPOSES ANY DANGER TO PERSONS OR OTHER ANIMALS, IT MAY BE SUM— MARILY DESTROYED BY THE OFFICER AT THE SCENE. XIII) If you choose to have an animal expert other than one on the attached list, it will be your responsibility to provide proof of that such expertise meets standards similar to that of members of the American -Association of Zoological Veterinarians, and that the "expert" is currently prac— ticing in this field of expertise. XIV) The expert selected may not be the regular veterin• . treatin. ..r animal. R. Marvin Townsend, City Manager C . G. Buttery, M.D., M.P. Director of Public Health & Welfare 'Willi'�am nings,/ Assistant City Manager r MOTION TO AMEND moved and v�cywct� seconded this motion the ordinance repealing Chapter 6 Animals and Fowl, Code of Ordinances, City of Corpus Christi, 1976 Revision, and substituting a new Chapter 6 Animal Control, passed on first reading by the City Council of the City of Corpus Christi on January 7, 1981, and amended on January 14, 1981, and passed on second reading and amended by the City Council on March 18, 1981, as follows: 1. Amending Section 1 of the ordinance by amending Chapter 6 Animal Control, Article I, Sec. 6-2 the definition of "Prohibited Animal" on page 4 to read as follows: Prohibited Animal: Any animal not normally born and raised in captivity, including but not limited to the following: (a) Class Reptilia: Family Helodermatidea (The Venomous Lizards) and all Varanidae (Monitor); Order Ophidia Family Boidoe (Boas Pythons, Anaconda); Family Hydrophiidae. (Marine Snakes); Family Viperidae (Rattlesnakes, Pit Vipers and True Vipers); Family Elapidae (Coral Snakes, Cobras, and Mambas); Family Colubridae — Dispholidus Typus (Boomsiang), Cyclagras gigas (Water Cobra), Boiga dendrophila (Mangrove Snake) and Kirtlandii (Twig Snake) only; Order Crocodilia (Crocodiles, Alligators, and Gavials); (h) Class loves: Order Faiconiforms (such as hawks, eagles and vultures) and Subdivision Rapitae (such as ostriches, rheas, • cassowaries and emus); (c) Class Mammalia: Order Carnivores, except cats; the Family Canidae (such as wolves, dingos, coyotes and jackals), except dogs; the Family Mustelidae (such as weasels, skunks, martins, mink, badgers); Family Procyonidae (raccoon); Family Ursidae (such as bears); and Order Marsupialia (such as kangaroos, onpossums); Order Chiroptera (bats); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison and camels); (d) Class Amphibia: Poisonous Frogs. Prohibited Animal does not include livestock, fowl, poultry, or normal household pets, such as psittacine bird, canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small, nonpoisonous reptiles 2. Amending Section 1 of the ordinance by amending Chapter 6 Animal Control, Article IV, Sec. 6-32 to read as follows: "Sec. 6-32. Keeping of Certain Animals Prohibited. No person shall keep, own, maintain, use or have in such person's possession or on premises under such person's control, within the City, any of the following: (a) Any vicious animal; (b) Any guard dog, except in accordance with Sec. 6-24 hereof; (c) Any livestock or fowl, except when raised as part of an animal husbandry program for youths, or in accordance with Sec. 6-33 hereof; (d) Any prohibited animal, except those which, on the date of publication following the third and final reading of this ordinance, are present within the City and are owned by a person who makes application to the City Health officer for a prohibited animal permit on or before April 30, 1981, and who has been granted a prohibited animal permit pursuant to regulations promulgated by the City Health officer and on file with the City Secretary; pro- vided, however, that such permit shall not be required for a bona fide zoological park; and (e) Pigeons other than homing oigeons, and homing pigeons except when banded, and raised for other than commercial purposes and when confined to closed lofts, except for owner supervised training or exercise flights." 3. Amending Section 4 of the ordinance to read as follows: "Section 4. This ordinance shall take effect on April 1, 1981." PASSED J J 02.S', /99c'/