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Home My WebLink About18065 ORD - 02/01/1984AN ORDINANCE AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 6 "ANIMAL CONTROL" TO DEFINE "PROVOCATION" AS IT RELATES TO THE DEFINITION OF "VICIOUS ANIMAL"; TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR VIOLATIONS OF ANIMAL CONTROL LAWS; AND TO PROVIDE FOR THE ESTABLISH- MENT OF REGULATIONS BY THE CITY HEALTH OFFICER FOR INTERPRETATION AND ENFORCEMENT OF THIS CHAPTER. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 6-2 of the Code of Ordinances be amended to include the following definition: "Provocation: Any purposeful act that causes an animal to bite, scratch, or attack in protection of self, owner or owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with City ordinances would be considered provocation, irrespective of the reason for such entrance." "Public nuisance: Any animal which: (1) Is vicious; (2) Trespasses on school grounds; (3) Is repeatedly at large; (4) Damages private or public property; or (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours." SECTION 2. That the last sentence of Section 6-9 of the Code of Ordinances be amended to read as follows: "Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the City to obtain relief by injunction." SECTION 3. That the title to Article II be changed to read: "Licenses and permits; administrative proceedings." SEP 2 81984 MICROFILMED 1801i5 SECTION 4. That Section 6-12 of the Code of Ordinances be amended to read as follows: "Administrative Proceedings. (a) When Held. (1) The city health officer or designee may hold an administrative hearing to determine whether any license or permit issued pursuant to Sections 6-10, 6-24 and 6-32 should be revoked or to otherwise regulate the keeping of an animal within the city, if the license/ permit holder or owner of an unlicensed animal refuses or fails to comply with any provision of this chapter, the regulations promulgated by the city health officer, or any law governing the protection and keeping of animals. (2) The city health officer must hold an administrative hearing to determine whether any license or permit issued pursuant to Sections 6-10, 6-24, 6-30 should be revoked or to otherwise regulate the keeping of an animal within the city, if: (i) an animal has been impounded for a second, unprovoked biting offense, or; (ii) an animal has been the subject of 3 criminal charges resulting in conviction or three impoundments or any combination of three such convictions and/or impounding incidents within the twelve months immediately preceding the date of the last such incident. Impoundments which occurred as a result of provoked biting, attacking or scratching incidents shall not be considered for purposes of this subsection. (b) Written notice required. No such administrative hearing shall be held without giving the license/permit holder, or owner of an unlicensed animal, prior written notice of the date, time and place of hearing. Written notice 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 or if no such application is on file, to the owner's last known address, is deposited in the U.S. mail. Written notice shall also be deemed made when the -2- notice letter is delivered by an employee or representative of the city health officer to such address. (c) Disposition. At the conclusion of the administrative hearing, the city health officer or designee shall determine if the person holding the license or permit, or the owner of an unlicensed animal, has violated any provision of this chapter, the regulations promulgated by the city health officer, or any law governing the protection and keeping of the animal in question. If any such violation has been found to have occurred, the city health officer or designee, in his/her discretion, may order that any of the following actions be taken within 10 days thereafter: (1) that the owner divest himself/herself of the animal in question by either having it humanely euthanized or by removing it from the city; (2) that the holder/owner comply with specified conditions so as to be permitted to continue to keep the animal within the city; (3) that a vicious animal be humanely euthanized as provided by regulation; or; (4) any other disposition deemed to be consistent with the protection of public health, safety and welfare." SECTION 5. That Section 6-13 of the Code of Ordinances be amended to read as follows: "Omissions or falsifications. If an applicant has withheld or falsified any information on an 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." SECTION 6. That Section 6-14 of the Code of Ordinances be amended to read as follows: "Prior convictions. No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this -3- 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." SECTION 7. That Section 6-15 of the Code of Ordinances be amended to read as follows: "Reapplication. Any person having been denied a license or permit for any reasons other than Section 6-14 above may not reapply for a period of thirty (30) days after such denial. Each reapplication shall be accompanied by a nonrefundable ten -dollar ($10.00) fee." SECTION 8. That Section 6-16 of the Code of Ordinances be amended to read as follows: "Regulations. Regulations providing for interpretation and enforcement of this chapter may be adopted by the city health officer. Such regulations shall be effective after review at a public meeting by the Animal Control Advisory Board." SECTION 9. That subparagraph 6 of paragraph (a) of Section 6-21 of the Code of Ordinances be amended to read as follows: "Every animal that has rabies or symptoms thereof, or that a person could reasonably suspect as having rabies, or that bites, scratches, or otherwise attacks another animal or other person within the City." SECTION 10. That the title to Section 6-23 be changed to read: "Animals biting and/or exhibiting symptoms of rabies." SECTION 11. That the first sentence of paragraph (d) of Section 6-23 of the Code of Ordinances be amended to read as follows: "Any person having knowledge of any animal exhibiting symptoms of or exposed to rabies, or that has bitten or otherwise attacked any human being, shall report the incident to the Animal Control Section no later than ten (10) days from the date of the incident." SECTION 12. That paragraph (d) of Section 6-24 of the Code of Ordinances be amended to read as follows: "Exclusions. Dogs which are used to protect the property of their owner's private residence shall be excluded from the provisions of this Section unless said residence is located on premises utilized for commercial purposes." -4- That. the 'foregoing ordinance �$ read for t�- first time and p S ed to its second reading on this the 1 '�'Al-day of kL , 19 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance wa read for t '- second time and pa sed to its third reading on this the arm day of ,j , 19/ , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the for go ng ordinance/ wa read for the third time and passed finally on this the �,p� day of �y , 19 )9, by the followin• vote: Luther Jones / , erbert L. Hawkins, Jr. Betty N. Turner O .✓, Dr. Charles W. Kennedy David Berlanga, Sr. / Joe McComb Leo Guerrero / , Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the /44" day of ATTEST: ity Secretary APP OVED: /5 DAY OF �� , , 198y: J. BRUCE AYCOCK, CITY ATTORNEY By Assts �tv 'torney MAYO , 19 THE CITY OF CORPUS CHRISTI, TEXAS 18065 STATE OF TEXAS, County of Nueces. }SS: AD# 57521 ' PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came __ ... __Maraarat itamaae , who being first duly sworn, according to law, says that he is the Community...ReLatians..Sugervisnr of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of .....11QTICE_DE...P.ASS.A.GE...OF...QED ENO _ 18065 AMENDING THE CITY OF CORPUS CHRISTI of which the annexed is a true copy, was published in Caller -Times Publishing Co. on the 6 day of Feb. ,19-84., and once each day consecutive day one Times Margaret Ramage U /C.' '/) ea -7l2 Subscribed and sworn to before me this..11tkl. Edna Koster thereafter for.. one of ebruary 19 84 Notary Public, ces County, Texas .g; &ICE OF FASSACrE . CORPUS CHRISTI CODE 1 AMENDING THE CITY OF rttO. 18065— -, OF PORDINANCEI‘ t OF ORDINANCES, CHAP, TER '.6, "ANIMAL! f, CONTROL" TO DEFINE{ I; "PROVOCATION" AS IT ) RELATES TO THE LIEF-, . a INITION OF "VICIOUS' ,r ANIMAL"; TO ESTABLISH i AN ADMINISTRATIVE ) PROCEDURE FOR VIOLA- ) WALL °LAWS, Zg' 710 Pi c 11OBVL I. ISH FOR .1: H E SSFE - i REGULATIONS BY THE CITY HEALTH OFFICER II FOR INTERPRETATION AND_ ENFORCEMENT.OF THIS . Was passed and approved iby the City Council of the City of Corpus Christi, Tex- as on the 1st day of February, 1984. The full text i of said ordlnance Is avail- able to the public In the Office of the City Secretary. -s-BIII G. Read City Secretary ' • L. Corpus Christi, Texas