HomeMy WebLinkAbout16135 ORD - 03/25/1981and
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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.
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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.
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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.
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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.
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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.
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(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.
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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.
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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. -
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(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.
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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
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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
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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.
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(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
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