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HomeMy WebLinkAbout021922 ORD - 04/19/1994AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTION 6-2, DEFINITIONS; SECTION 6-3, ANIMAL CONTROL SECTION AND SUPERVISOR, CONCERNING PAYMENT OF MONIES COLLECTED; SECTION 6-12, LICENSE AND PERMIT REVOCATION, ADMINISTRATIVE PROCEEDINGS; SECTION 6-18, COMMERCIAL PERMITS, TO SET A COMMERCIAL PERMIT FEE AND TO SPECIFY CERTAIN REGULATIONS FOR RODEOS AND MAKING A MINOR CORRECTION TO THE SECTION; SECTION 6-21, IMPOUNDMENT, CLARIFYING A BASIS FOR IMPOUNDMENT, SPECIFYING AN ADDITIONAL MEANS OF NOTIFICATION OF OWNER, SPECIFYING A NEW CATEGORY OF IMPOUNDMENT FEE, SPECIFYING THAT A LICENSE FEE MAY HAVE TO BE PAID TO REDEEM AN IMPOUNDED ANIMAL, AND MAKING A MINOR CORRECTION TO THE SECTION; SECTION 6-23, ANIMALS BITING AND/OR EXHIBITING SYMPTOMS OF RABIES, TO SPECIFY THAT THE OWNER OF AN ANIMAL WHICH IS NOT QUARANTINED SHALL BE RESPONSIBLE FOR PAYING THE COSTS OF PREPARING AND SHIPPING SUCH AN ANIMAL'S HEAD OR BRAIN TO AN APPROPRIATE LABORATORY; SECTION 6-31, PERFORMING ANIMAL EXHIBITIONS, TO APPLY TO RODEOS; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") Chapter 6, Animal Control, Article I, Section 6-2, Definitions, is hereby amended as follows: 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. :1922 1 MICROIILME11, 2 Animal control officer: The animal control supervisor or his/her authorized agents or employees of the animal control section. Attack: To set upon with violent force 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. 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. 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. 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. (2) Is any vehicle utilized for commercial or business purposes in the city. Dangerous animal: Any animal that bites or scratches or attacks any other animal or any human being within the city limits without provocation. 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 MS5000.028.abf 3 the calendar year the license is in cffeet issued. 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 manufactured 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 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. Guard dog: Any dog that is utilized to protect commercial property, as herein defined. 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 or to be observed by a licensed veterinarian. Licensed veterinarian: A veterinarian licensed by the Texas Board of Veterinary Examiners. 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. An animal shall be deemed to be kept if it is fed, sheltered, or restrained except upon the authorization of animal control. 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 MS5000.028.abf 4 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/or meat. Prohibited animal: Any animal not normally born and raised in captivity, including but not limited to the following: (1) 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); (2) Class Ayes: Order Falconiforms (such as hawks, eagles and vultures) and subdivision Rapitae (such as ostriches, rheas, cassowaries and emus); (3) Class Mammalia: Order Carnivora [the family felidae] 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, opossums); 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); (4) Class Amphibia: Poisonous frogs. Prohibited animal does not include livestock, fowl, poultry or normal household pets, such as a psittacine bird, canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish or small, nonpoisonous reptiles. 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 a dangerous dog within the meaning of Chapter 822, Health and Safety Code; (2) Trespasses on school grounds; MS5000.028.abf 5 (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. Pursuit: The continuous act of chasing or attempting to overtake a fleeing animal. 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. Horses must be kept in stalls, or in pastures or paddocks with acceptable fencing. 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 provides: (1) Any horse, pony, donkey or mule for hire; and/or (2) Boarding and/or grazing for any horse, pony, donkey or mule; and/or (3) Riding instruction. Sanitary: Any condition of good order and cleanliness - - - - d scnsc sio,.. ,free from the elements. of filth or bacteria. that endanger health. 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. MS5000.028.abf 6 Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to 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 appropiately zoned area and certificate of occupancy must have been obtained for such use. The words "animal,' "dog" and "cat" shall include both the male and female gender. SECTION 2. That the Corpus Christi Code, Chapter 6, Animal Control, Article I, Section 6-3, Animal Control Section and Supervisor, is hereby amended as follows: 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 monies collected by the animal control section under the terms of this chapter shall be paid to the collection section of the city each week day as collected; with the Finance Department's policy. in accordance SECTION 3. That the Corpus Christi Code, Chapter 6, Animal Control, Article II, Section 6-12, License and Permit Revocation - Administrative Proceedings, is hereby amended 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 MS5000.028.abf T 7 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, 6-17, 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 an unprovoked biting offense; or b. An animal has been the subject or two (2) criminal charges resulting in conviction or two (2) impoundments or any combination of two (2) such convictions and/or impounding incidents within twenty-four (24) 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. e. Any dog has become the subject or probable subject of a cause of action filed under Chapter 822, Health and Safety Code. (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 city health officer or designee, in his/her discretion, may order that any of the following actions be taken within the time specified by the city health officer or designee. (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; MS5000.028.abf 8 (2) That the holder/owner comply with specified conditions so as to be permitted to continue to keep the animal within the city; That a dangerous dog, or a dog having caused the death of a person and 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 Chapter 822, Health and Safety Code, shall be humanely euthanized as provided by regulation; or (4) Any other disposition deemed to be ineensistertt consistent with the protection of public health, safety and welfare. (3) SECTION 4. That the Corpus Christi Code, Chapter 6, Animal Control, Article II, Section 6-18, Commercial Permits, is hereby amended as follows: Sec. 6-18. Commercial permits. (a) Except for veterinarians or veterinary hospitals;, all commercial animal establishments and owners/possessors of dogs defined as "guard dogs" shall be required to maintain a current and valid commercial permit. The commercial permit shall be renewable annually upon inspection and payment of a fee. Fees for such permits shall be in accordance with the following schedule: Pet stores $50.00 Department stores (fish, rodents, birds) 25.00 Kennels: Less than 10 animals 25.00 10 to 50 animals 50.00 51 or more animals $100.00 Stables: Less than 10 horses 25.00 10 to 25 horses 50.00 26 or more horses $100.00 Grooming shops 50.00 Temporary performing animal 25.00 Circuses 50.00 MS5000.028.abf 9 Rodeos 50.00 Petting zoos (temporary) 50.00 Guard dogs: Single dog/single site 25.00 Multiple dogs/single site 50.00 Multiple sites with 1 dog 100.00 Training center 200.00 Animal exhibit 200.00 Breeding (for sale) 200.00 Rabbits (breeding and sale) 50.00 Auctions 100.00 Temporary permit (30 day for sale of animals) 15.00 (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. Any establishment providing services classified in two (2) or more categories of fees in the fee schedule will be required to obtain only one permit, and the fee charged for such permit shall be the highest of the fees for any of the applicable categories. Animal exhibits and zoological parks may request permission to possess prohibited animals 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 of insurance and such other conditions deemed necessary to preserve the safety and welfare of the public. Except as provided for a circus, performing animal exhibition, or auction, the commercial permit shall be renewable annually upon inspection. Commercial permits granted to a circus, rodeoauction, or performing exhibition shall be valid for the duration of the event not to exceed thirty (30) days from the date of issuance. Any circus, rodeoauction, 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 of MS5000.028.abf 10 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) In addition to all other conditions of this section, owners/operators of stables or kennels, except kennels operated by veterinarians, where animals are boarded or grazed for a fee must maintain a register identifying all animals boarded or grazed, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number, and a statement by the owner of each animal boarded or grazed either assuming total responsibility for the care and feeding of the animal, or transferring all responsibility for the care and feeding of the animal to the stable or kennel owner/operator. The stable or kennel owner/operator must also provide an emergency telephone number where the stable or kennel owner/operator or caretaker can be reached if they are not on the premises. (d) Each commercial animal establishment, even though owned by the same person, must possess a permit. Upon the change in the 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. In addition to all other conditions of this section, owners/possessors of dogs defined as "guard dogs" shall meet all regulations promulgated by the city health officer. (e) No commercial animal establishment shall sell any dog or cat, four (4) months of age or older, to any person unless such persen animal has a valid rabies vaccination. (f) 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 MS5000.028.abf 11 (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. SECTION 5. That the Corpus Christi Code, Chapter 6, Animal Control, Article III, Section 6-21, Impoundment, is hereby amended as follows: Sec. 6-21. Impoundment. (a) Grounds for impoundment. 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 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. (7) Any animal not kept by the owner in conformity with this chapter or state law. (8) Any animal upon the written request from the owner thereof and to which the animal control supervisor, or his designee, agrees that such animal be humanely euthanized for the protection of the health and welfare of the public. (9) Any dog subject of a cause of action filed pursuant to Chapter 822, Health and Safety Code, shall be impounded until further order of the County Court at Law. (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to Chapter 822, Health and Safety Code, or other administrative procedures, impounded animals not claimed shall be kept for not less than three (3) working MS5000.028.abf 12 days from date of impoundment. In calculating the length of this time period, the first working day after impoundment shall be considered Day 1. (c) Notification of owner. 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 in person, or by telephone, if reasonably possible, and if not, then by mail, advising that if the animal involved is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. (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: (1) Impoundment fee: a. First impoundment: Animals, except livestock, unlicensed, not sterilized $75.00 Animals, except livestock, licensed, not sterilized 50.00 Animals, except livestock, licensed, sterilized 25.00 Animals, sterilized. not licensed 50.00 Livestock weighing less than 100 pounds 25.00 Livestock weighing 100 pounds or more 50.00 b. Second and subsequent impoundment within 12 months: Animals, except livestock, not sterilized 75.00 Animals, except livestock, sterilized 50.00 Livestock weighing less than 100 pounds 50.00 Livestock weighing 100 pounds or more 100.00 c. If an animal is sterilized within 30 days of release from impoundment, the veterinarian will be reimbursed $25.00 of the impoundment fee. d. A waiver or partial waiver of an impoundment fee may be granted by the director of public health in cases involving exigent circumstances as determined and published by said director. (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) City license charge. City license charge. if applicable. MS5000.028.abf i -r 13 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) Disposition of animals. Except as provided in subsection (c), (h), and certain livestock as hereinafter provided, 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 any nonprofit association organized for the protection and welfare of animals, sold pursuant to section 17-4 of the Code of Ordinances of the City of Corpus Christi, or humanely euthanized, provided however, prior to the disposition of any livestock, except for goats and sheep, notice shall be posted for a ten-day period at the county courthouse, city hall, and the city animal control facility upon the expiration of three (3) working days from the impoundment of said livestock. Upon the expiration of a ten-day waiting period the city may dispose of said livestock in the same manner as other unclaimed animals. The expiration of the three (3) working days period upon impoundment and the notice of and expiration of the ten-day period with respect to livestock shall not apply to the disposition of any animal placed in impoundment by the written consent of the owner and the acceptance of such animal by the animal control supervisor. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. In the case of a dog impounded under authority of Chapter 822, Health and Safety Code, 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 dangerous 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 dangerous conduct, that the due claimant of said dog shows proof of having fully complied with all insurance and restraint requirements of Chapter 822, Health and Safety Code and this article, see section 6-10(k). (f) Adoption of unclaimed animal. A person other than the previous owner may adopt an unclaimed animal after the expiration of the redemption period and after paying any applicable boarding, rabies vaccination, and license charges; and, if the animal is not sterilized, a twenty-five dollar ($25.00) adoption fee. If an unsterilized animal is sterilized within thirty (30) days of adoption, then a twenty-five dollar ($25.00) refund will be paid to the veterinarian performing the sterilization, upon application by the veterinarian within thirty (30) days after the service is performed. This section will not pre-empt Chapter 828, Health and Safety Code, which may require sterilization of an adopted animal. (g) License required for release. No impounded dog or cat shall be released until the person to whom the dog or cat is to be released agrees and meets with all regulations MS5000.028.abf 14 promulgated by the city health officer. (h) Euthanasia. The animal control supervisor, or his designee, may direct the immediate euthanization of any animal determined to be seriously injured or diseased pursuant to the rules, guidelines, or procedures established by the director of public health. Impounded animals not redeemed or adopted as provided for in this section shall be humanely euthanized at the city shelter under the direction of an animal control officer. The carcasses shall be disposed of as directed by the director of public health. (i) Records. 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) Notice of violation. 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 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 thirty dollars ($30.00) for such violation, to the clerk of the municipal court within ten (10) days. SECTION 6. That the Corpus Christi Code, Chapter 6, Animal Control, Article III, Section 6-23, Animals Biting and/or Exhibiting Symptoms of Rabies, is hereby amended as follows: Sec. 6-23 Animals biting and/or exhibiting symptoms of rabies. (a) Impoundment. Every animal that has rabies or symptoms thereof, or every animal that a person could reasonably suspect as having rabies, or that bites, scratches or otherwise attacks any person or animal 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) Prohibited from being on public ways, places. 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 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 M85000.028.abf 15 officer. (c) Owner's responsibility. The owner of any animal that is reported to have rabies or symptoms thereof, or to have been exposed to rabies, or to have bitten, scratched or otherwise attacked any person or animal within the city, or that the owner knows or suspects to be rabid or to have attacked, bitten or scratched any person or animal, 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 five hundred dollars ($500.00). (d) Reporting of incidents. Any persons having knowledge of any animal exhibiting symptoms of or exposed to rabies, or that has bitten, scratched or otherwise attacked any person or animal, shall report the incident to the animal control section no later than ten (10) days from the date of the incident. 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) Veterinarians' reports. 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) Veterinarians' records. 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) Investigation of cases. The city health officer shall investigate and record all cases of rabies and suspected rabies. (h) Disposition of bodies of quarantined animals. 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) Owner to pay costs. The owner of an animal quarantined under this section shall pay MS5000.028.abf 16 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. The owner shall pay to the animal control supervisor a fee of eight dollars ($8.00) for preparation of each animal head for shipping to the state department laboratory for rabies testing. Where the owner of a non -quarantined animal is required to or requests that the head or brain of the animal be shipped to an appropriate lab. then the owner shall be responsible for paying costs of nreparation and shipping. SECTION 7. That the Corpus Christi Code, Chapter 6, Animal Control, Article IV, Section 6-31, Performing Animal Exhibitions, is hereby amended as follows: Sec. 6-31. Performing animal exhibitions. (a) No performing animal exhibition. rodeo, 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. (b) All equipment used on a performing animal shall fit properly and be in good working condition. SECTION 8. Publication of this ordinance shall be made in one issue of a newspaper of general circulation in the city in accordance with the requirements of the Charter of the City of Corpus Christi after which publication this ordinance shall be in force. MS5000.028.abf That the foregoing ordinance was read for the f' st time to At second reading on this the ¶ day of r 19C 1 , by the following vote: Mary Rhodes dirt _} Edward A. Martin airp Dr. David McNichols and passed Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria That the foregoing ordinance w passe finally on this the 19 , by the following vote: Cuintmt Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo lLVt, Betty Jean Longoria Cit - f PAS§ Ep AND APPROVED, this the 19 q City Secretary ('1 David Noyola Clif Moss read for day of the ,�ecopd time and jiy�� Edward A. Martin Dr. David McNichols David Noyola Clif Moss day of MAYOR M�/J Ss THE CITY APPROVED: 6240' DAY OF CIACIL , 19 94 JAMES R. BRAY, JR., CITY ATTORNEY By ktnej c7c Assistant City Attorney \forms\044 GH922 CORPUS CHRISTI State of Texas, } PUBLISHER'S AFFIDAVIT County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 91035 PO# 1994 Before me, the undersigned, a Notary Public, this day personally came Phyllis Smith, who being first duly sworn, according to law, says that she is Secretary of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021992 AMENDING THE CODE OF ORDINANCES, CHAPTER 6. ANIMAL CONTROL SECTION AND SUPERVISOR. which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25th day(s) of April, 1994. One Times(s) Ub tit Subscribed and sworn to before me this 9th day of May, 1994. Notary Public, Nueces ��pun niu p,� ÷.•'4'µY PUBe, ti `?„Faici Fkaits . CltUonday, April 25,1IN Copus C4ssti Caller -Times . NOTICE if soma ,, aROwANe ND. 021112 , t AMENDINS 74 00� OF • 51 • td n ANIMAL 6.2, DEF 0-3. A TION AIS •• MONIES TION 6• PERMIT MNBBTRA 6, ANIN IAL A •' a ,y AND • REDULA0 SECTION MERL FOR ,n EYING MEANS OF O NEW N I A FEE AIN AL A IM - EYING Ti/A� FEE MAY HA TO , TO REDEEPAA AMOK THE SECTION; ,,.,. • 23, E ANIMALSTg� ,�„-/OR THE OWS - L ANIMA TWHICH INED 1=pus TE BE THE Flara AND ANAN- IM'S TO TORY;•J x•31, TO ONS ~ Y1RfIS h 81TI RODEOS; 'U FOR The ottiellMle seed and Int St MY or...'..1 16th A 1• M a TI 6: IM 1•I n w Pt ot W m cI •r CI dt G w Of N Ch Fo IM St« to Ta 161 TO 110 ma shim two two ed with end W t the 1▪ 694