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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