HomeMy WebLinkAbout19974 ORD - 09/15/1987AN ORDINANCE
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ESTABLISH
REQUIREMENTS AND PROCEDURES FOR THE REGULATION AND GRANTING
OF PERMITS TO CONDUCT THE BUSINESS OF GROOMING, BREEDING,
SHOWING, EXHIBITING, OR BOARDING OF ANIMALS; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR
SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Chapter 6, Animal Control, of the Code of Ordinances
of the City of Corpus Christi, Texas be amended by adding the term Commercial
Animal Establishment and amending the term Zoological Park in Section 6-2.
Definitions as follows:
Commercial Animal Establishment --Any pet shop, auction,
riding school, stable, kennel, zoological park, circus,
hatchery, veterinary hospital, performing animal exhibition,
or any lot, building, structure, enclosure, or premises used
for the business of buying, selling, grooming, breeding, or
boarding of animals.
Zoological Park: any lot, building, structure, enclosure,
or premises, other than a pet shop or kennel, displaying or
exhibiting one or more species of nondomesticated animals.
Such premises shall be located within an appropriately zoned
area and a certificate of occupancy must have been obtained
for such use.
SECTION 2. That Chapter 6, Animal Control, be amended by insertion of
the underlined provisions as follows:
Sec. 6.12 License and permit revocation -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, 6-17, 6-18,
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.
03V.371.02.14
199?4MICROFILMED
(2) The City Health Officer must hold an administrative
hearing to determine whether any license or permit
issued pursuant to sections 6-10, 6-17, 6-18, 6-24 and
6-32 should be revoked or to otherwise regulate the
keeping of an animal within the city, if:
a. An animal has been impounded for a second,
unprovoked biting offense; or
b. An animal has been the subject of three (3)
criminal charges resulting in conviction or three
(3) impoundments or any combination of three (3)
such convictions and/or impounding incidents
within twelve (12) 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; or
c. Any animal has been kept in a stable in violation
of any section of the animal control code; or
d. The holder of a commercial permit fails to comply
with the provisions of Section 6-18 or the
regulations promulgated by the City Health
Officer.
(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 notice letter is delivered by an employee or
representative of the city health officer to such
address. All persons on the register kept by a horse
stable for which an administrative hearing will be held
will be notified by certified mail that a hearing is to
take place.
(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
03V.371.02.14
City Health Officer or designee, in his/her discretion,
may order that any of the following actions be taken
within ten (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 or continue
operations as a commercial animal establishment.
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.
(3)
SECTION 3. That Chapter 6, Animal Control, of the Code of Ordinances
of the City of Corpus Christi, Texas, be amended by the addition of Section 6-18
Commercial Permits.
Sec. 6-18 Commercial Permits.
(a) Except for riding schools and stables which hold
current and valid horse stable permits pursuant to Section
6-17, veterinarians, or veterinary hospitals, all commercial
animal establishments shall be required to maintain a
current and valid commercial permit. Except as provided for
a circus, performing animal exhibition, or auction, the
commercial permit shall be renewable annually upon
inspection and payment of a fifteen dollar ($15.00) fee.
(b) Permits shall be issued upon application and review
that the commercial animal establishment is in compliance
with all construction, zoning, or other ordinances of the
City governing the conduct of the business of the commercial
animal establishment. No permit shall be transferred or
assigned and each person requiring more than one permit
shall be charged $15 for all said permits.
Commercial permits granted to a circus, auction, or
performing animal exhibition shall be valid for the duration
of the event not to exceed thirty days from the date of
issuance. Any circus, auction, performing animal
exhibition, or zoological park may request limited
permission to possess a prohibited animal within the City
limits of the City of Corpus Christi for the duration of the
commercial permit. Possession of a prohibited animal
pursuant to this section shall be exempt from the terms of
Section 6-32 and subject to regulations prescribed by the
City Health Officer for indemnification of the City, proof
03V.371.02.14
of insurance, and such other conditions deemed necessary to
preserve the safety and welfare of the public.
A waiver of the permit requirements of this section may be
granted by the City Health Officer in cases involving a
scientific or educational program, a show or exhibition by a
nonprofit organization, or animals owned by the City upon a
finding that such a waiver would not endanger the public or
animal health, or create a nuisance.
(c) Each commercial animal establishment, even though owned
by the same person, must possess a permit. Upon the change
in location or ownership, a new application for a commercial
permit shall be required. Each commercial animal
establishment shall be subject to inspection by an animal
control officer during normal business hours. A commercial
permit shall be displayed in a prominent place on the
premises.
(d) No commercial animal establishment shall sell any dog
or cat, four months of age or older, to any person unless
such dog or cat has a valid rabies vaccination.
(e) Subject to the administrative proceedings provided by
Section 6-12, a commercial permit may be suspended or
revoked for:
(1) the refusal or failure of the holder to comply
with any provision of this Chapter, the regulations
promulgated by the City Health Officer, or any law
governing the safety, welfare, or keeping of animals;
(2) deprivation of necessary food, care, or shelter
from animals;
(3) cruel or inhumane confinement or treatment of
animals;
(4) the existence of unsanitary conditions such that a
danger exists for the transmission of disease to
animals or the public; or
(5) the existence of conditions which constitute a
public nuisance or create a nuisance.
Upon suspension of a commercial permit, the holder shall be
ordered to correct the violations as prescribed by the City
Health Officer. In addition to ordering the cessation or
correction of the violations, the City Health Officer may
provide that no animal be placed or accepted by the holder
until such time as the permit is reinstated after
suspension.
03V.371.02.14
SECTION 4. Notice of the passage of this ordinance shall be published
by publishing the caption thereof stating in summary the purpose of the
ordinance one time in the official publication of the City of Corpus Christi,
Texas, and this ordinance shall be effective as of the date of such publication.
SECTION 5. 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.
03V.371.02.14
That the foregoing ordinance w s read for he first time and passed to its
second reading on this the IAA- day of —) , 19 67 , by the
following vote:
Betty N. Turner 0.1,y0 Clif Moss f�.1�Fj
David Berlanga, Sr. Bill Pruet k
Leo Guerrero Ay.) Mary Rhodes Cliln L (2JA
Frank Mendez Mary Pat Slavik >
___
Linda Strong __ ,9
That the foregoing ordinance as read for t e second time and passed toitsthird reading on this the W day of 7 , 19 g7 , by the
following vote:
Betty N. Turner 664- Clif Moss
David Berlanga, Sr. Bill Pruet
Leo Guerrero Mary Rhodes
Frank Mendez Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the third time and passed finally on
this the 15 day of Q , 0 , 19Z7 , by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
PASSED AND APPROVED, this the 15
ATTEST:
City Secretary
APPROVED:
iS DAY OF Sejo.74:emA• , 19 S�7
HAL GEORGE, CITY ATTORNEY
si tant City Attorney
99.044.01
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
day of
MAY
Aatuyilut)
,1957.
THE CITY OF CORPUS CHRISTI, TEXAS
19974
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, t„: AD# 47253
County of Nueces.
CITY OF C. C.
Before me, the undersigned, a Notary Public, this day personally came
who being first duly sworn, according to law, says that he is the
ACGQUNTSNG_CLFRv
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
NOTICE OF PASSAGE..QE..QR.1atiAN.GE..l .199Z.4..9MEM.l1ING..CHAP.TER...6..13F..-TI '••GODS--QF---ORAINANGES-...._.__
of which the annexed is a true copy, was published in CALj,E$_.x S..PllBl,IS.iiTN,G..Clit1EAlii
on the.Zl._._ day of S.EETEJIBEE. 19...82., and once each ..day._ thereafter for.._ane
consecutive day
.One Times.
x31_ 05
GAIL STONE
Subscribed and sworn to before me this 22_......_..day of.._...Sagtember 19 gg
N tart' lic, Nueces County, Texas
EUGENIA S. C RTEZ 6.30.89
�s:.,G
NOTICE OF PASSAGE OF
ORDINANCE 6 19974 i �'d�
AMENDING CHAPTER 6 OF y
THE CODE OF ORDINANCES
3-
TO ESTABLISH REQUIRE- r ..r= fi
MENTS AND PROCEDURES li d; , d4w r
FOR THE' REGULATION AND
03
GRANTING OF PERMITS TO d f oi'
CONOUC1 THE BUSINESS OF c� f 9-O
GROOMING, BREEDING. + 6l
SHOWING, EXHIBITING, OR E.,:,,, `, .i
BOARDING OF ANIMALS; �
PROVIDING FOR PUBLICA-
' TION AND AN EFFECTIVE ;'
DATE; AND PROVIDING FOR
SEVERABILITY.
Was passed and approved
by the City Council of the City
of Corpus Christi, Texas on
the 16th day of September,
1987. Tho full text of said
ordinance Is available to the
public In the Office of the City
Secretary.
/s/ Armando Chapa
City Secretary,
City of Corpus Christ