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Home My WebLink About20014 ORD - 10/13/1987AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO PRESERVE THE INTEGRITY OF THE PRESENT ANIMAL CONTROL ORDINANCE AND TO IMPLEMENT THREE NEW STATE STATUTE, PENAL CODE CHAPTER 42, SECTION 42.12, AND CHAPTER 18, CODE OF CRIMINAL PROCEDURE, ARTICLE 18.182, RELATING TO OWNING OR KEEPING A VICIOUS DOG, AND DESTRUCTION OF CERTAIN DOGS CAUSING DEATH OF A PERSON AS SUBJECTS OF ARTICLE 192-4, TEXAS REVISED CIVIL STATUTES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code, Chapter 6, Animal Control, Section 6-2, Definitions, is hereby amended by deleting the definition of Public Nuisance in its entirety and substituting therefor the following: Public nuisance: Any animal which: (1) Is a vicious dog within the meaning of the Texas Penal Code, Chapter 42, Section 42.12(a); (2) Trespasses on school grounds; (3) Is repeatedly at large; (4) Damages private or public property; (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours; or (6) Is dangerous. SECTION 2. That the City Code, Chapter 6, Animal Control, Section 6-2, Definitions, is hereby amended by adding the following definition: Dangerous animal: Any animal that bites or scratches or attacks any other animal or any human being within the city limits without provocation. SECTION 3. That the City Code, Chapter 6, Animal Control, Section 6-2, Definitions, is hereby amended by deleting the definition for vicious animal and substituting therefor the following definition: Vicious dog: Any dog as defined under Texas Penal Code, Chapter 42, Section 42.12(a), and thereunder as said statute may be amended. 08P.107.01 2OO14 MICRON -1W) SECTION 4. That the City Code, Chapter 6, Animal Control, is hereby amended by adding to Sec. 6-12, License and permit revocation --Administrative proceedings, Subsection (a) (2), a Subparagraph (d) to read as follows: (d) Any dog has become the subject or probable subject of a cause of action filed under the Texas Penal Code, Chapter 42, Section 42.12. SECTION 5. That the City Code, Chapter 6, Animal Control, is hereby amended by amending Sec. 6-12, License and permit revocation --Administrative proceedings, by deleting Subsection (c), Disposition, in its entirety and substituting therefor the following: (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 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; (3) That a dangerous animal be humanely euthanized as provided by regulation; (4) That a vicious dog, or a dog having caused the death of a person, ordered destroyed by a governmental agency responsible for animal control, under authority of Texas Penal Code, Chapter 18, Article 18.182 or under authority of Title 7, Revised Statutes, Article 192-4, shall be humanely euthanized as provided by regulation; or Any other disposition deemed to be consistent with the protection of public health, safety and welfare. SECTION 6. That the City Code, Chapter 6, Animal Control, is hereby amended by amending Sec. 6-21, Impoundment, Subsection (a) Grounds for impoundment, by adding Subparagraph 9 to read as follows: (5) 08P.107.01 9. Any dog subject of a cause of action filed under Texas Penal Code, Chapter 42, Section 42.12, shall be impounded until further order of the County Court at Law. SECTION 7. That the City Code, Chapter 6, Animal Control, is hereby amended by amending Sec. 6-21, Impoundment, by deleting Subsection (b) in its entirety and substituting therefor the following: (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding under Chapter 42, Section 42.12 of the Texas Penal Code, or other administrative procedures, impounded animals not claimed shall be kept for not less than three (3) working days from date of impoundment. In calculating the length of this time period, the first working day after impoundment shall be considered Day 1. SECTION 8. That the City Code, Chapter 6, Animal Control, is hereby amended by amending Sec. 6-21, Impoundment, by deleting the first paragraph of Subsection (d) in its entirety and substituting therefor the following: (d) Redemption. Impounded animals, other than those impounded as dangerous animals, vicious dogs, and for observation of 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 as follows: SECTION 9. That the City Code, Chapter 6, Animal Control, is hereby amended by amending Sec. 6-21, Impoundment, by adding the following paragraph at the end of Subsection (e), Disposition of unclaimed animals: In the case of a dog impounded under authority of Texas Penal Code, Chapter 42, Section 42.12, and other state law, such dog may be redeemed upon the Court's finding and rendering a judgment that the dog did not engage in vicious conduct, and upon the conclusion of any proceeding provided for in this Chapter; or upon the Court's finding that the dog did engage in vicious conduct, that the due claimant of said dog shows proof of having fully complied with all insurance and restraint requirements of Section 42.12, Texas Penal Code. SECTION 10. 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 11. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 08P.107.01 That the foregoing ordinance was read for he first time and passed, to its second reading on this the 29 day of , 19g7 , by the following vote: Betty N. Turner Q,Ia,Q, Clif Moss 'ILJ David Berlanga, Sr. n 'J Bill Pruet al* a Leo Guerrero -Lei lk Mary Rhodes 6611-1 Frank Mendez 0 Mary Pat Slavik Obi, Linda Strong i, That the foregoing ordinance was read for ;,e se p time and ssed to its third reading on this the Co dayof 19 a , by the following vote: /' Betty N. Turner lite' Clif Moss D David Berlanga, Sr. r( Bill Pruet *----- Leo Guerrero L110 Mary Rhodes Frank Mendez / (_L _ Mary Pat Slavik _/,i,(, Linda Strong That the foregoing ordin nce was read for the third time and passed finally on this the /b day of (t42LO11.1J0 , 19 g7 , by the following vote: Betty N. Turner David Berlanga, Leo Guerrero Frank Mendez cap d Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong ct-t& PASSED AND APPROVED, this the /3_ day of , 19 67 ATTEST: fa)City Secretary APPROVED: ax DAY OF 5,110fi, , 1987: HAL GEORGE, CITY ATTORNEY By Ass ant City Attorey 99.044.01 THE CI Y OF CORPUS CHRISTI, TEXAS 20014 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, }ss: AD #17612 County of Nueces. 1J CITY OF C C n Before me, the undersigned, a Notary Public, this day personally came. IRIS YAP l' ., who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK 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 OF ORDINANCE # 20014 AMENDING CHAPTER 6 OF THE CODE OF of which the annexed is a true copy, was published in _CALLER TIMES PU$4_ISH.aI.._C4M1'AU_^_ on the 79thday of. _._OCTOBER ,.19 $7, and once each aa1'.__._ thereafter foz..._. one consecutive day one Times. 41.40 a41A4 o _..._..__..._�. IRIS YAP Subscribed and sworn to before me this 21st _._.day of OCTOBER 19...U.7_ Notary P lblic, Nueces County, Tex EUGENIA S. CORTEZ 6.30.89 NOTICE OF PASSAGE OF 1 ORDINANCE # 2d014 AMENDIv1G CHAPTER 6 OF, THE COME OF ORDINANCES TO PRESERVE THE INTEGRI= TY Of THE PRESENT ANIMAL CON:AOL ORDI- NANCE AND TO IMPLEMENT THREE Ni'' STATE STAT- UTE, PEI AL CODE CHAPTER 42, SECTION, 42 12, AND CHAPTER 18, CODE OF CRIMINAL PROCEDURE, AR- TICLE 18 182, RELATING TO OWNING OR KEEPING A VI- CIOUS DOG. AND DESTRUCTION OF CERTAIN DOGS CAUSING DEATH OF A PERSON AS SUBJECTS OF ARTICLE 192-4, TEXAS RE- VISED CIVIL STATUTES, PROVIDING FOR SEVER- ANCE, AND PROVIDING FOR PUBLICATION AND AN EF- ii DATE q Was passed and approved by the City Council of the City, of Corpus Christi, Texas on the 13th day of October/ 1. 1987 The full text of said ordinance is evadable to the public in the Office of the Cay Secretary F}C\+/s/ Armando Chapa, City Secretary, City of Corpus Christ-,