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HomeMy WebLinkAbout023269 ORD - 03/31/1998AN ORDINANCE AMENDING CHAPTER 6 - ANIMAL CONTROL, SECTIONS 6-1, 6-10(C), 6-18(E), 6-21(J), 6-22(A), 6-23(C), AND 6-25(13) OF THE CODE OF ORDINANCES TO REVISE THE AMOUNTS OF FINES AND CHARGES, TO CONFORM VARIOUS PROVISIONS TO STATE LAW, AND MAKE CERTAIN OTHER CHANGES AND AMENDMENTS; PROVIDING FOR SEVERABILITY; 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 of the City of Corpus Christi is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 6-1. Penalties. It shall be unlawful for any person to violate any provisions of this chapter. Such violation shall be a misdemeanor and shall be punishable by a fine of not less than twenty-five dollars ($25.00) ph.Ls court costs nor more than two hrn.dn.d dellais ($200.00) five hundred dollars ($500.00) plus court costs. If any violation is continuing, each day's violation shall be deemed a separate offense. If any person is found guilty of violating section 6- 30 of this chapter, all licenses and/or permits held by such person under this chapter shall be automatically revoked. Sec. 6-10. Licensing. (c) Fee. The annual license fee shall be as follows: (1) Each spayed or neutered dog or cat .... $3.00 (2) Each dog or cat not spayed or neutered .... $10.00 No fee shall be charged for a license issued for any dog actually used by a blind or deaf person to aid such person in going from place to place. No fee shall be charged for a license issued for any dog that is owned and used by any law enforcement agency for drug awareness/detection, bomb detection or any other verified law enforcement purpose. Participating veterinarians will be rebated one dollar ($1.00) for each license they issue if the duplicate copy of the license/ vaccination certificate is submitted to the animal control division LOA \1300.007.vr March 17. 1998 46 ;OtUBLMED 0°3969 within thirty (30) days of issuance. Sec. 6-18. Commercial permits. (e) No commercial animal establishment shall sell any dog or cat, four (4) three (3) months of age or older, to any person unless such animal has a valid rabies vaccination. Sec. 6-21. Impoundment. (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) forty dollars ($40.00) plus court costs for such violation, to the clerk of the municipal court within ten (10) days. Sec. 6-22. Rabies vaccination. (a) It shall be unlawful for any person to own, keep, harbor or have custody or control of a dog or cat over three (3) months of age within the city, unless such dog or cat has been immunized against rabies by the injection of anti -rabies vaccine by a licensed veterinarian on an annual basis. Sec. 6-23. Animals biting and/or exhibiting symptoms of rabies. (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 : - - - -. -- - - , t0.00 one hundred fifty dollars ($150.00) plus court costs, nor more than five hundred dollars ($500.00) plus court costs. Sec. 6-25. Loan of small animal traps. Small animal traps will be loaned by the animal control division for a charge of one dollar ($1.00) per day. There will be a required deposit of ten dollars ($10.00) prior to the loan of these traps. The LOA \1300.007 yr March 17. 1998 following shall be exempt from said charges and deposit: low income citizens, below the poverty level as established by the U.S. Department of Health and Human Services. Provided, however, that to obtain such an exemption on a deposit, the exempted citizen shall be required to state in a written agreement that he or she is entitled to the exemption. There will be a forty-five dollar ($45.00) replacement charge for all small animal traps lost. stolen. or otherwise damaged rendering them unusable by the Animal Control Division regardless of exemption status for rental fees or deposit. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. 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 3. Publication will 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 will be effective upon publication. LOA \1300007.vr March 17, 1998 That the foregoidng ordinance was read for the first time and passed to its second reading on this the 44 ilday of WA/Lc (' I l , 1998, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero /1 (LLL Melody Cooper (Lb1I1r Alex L.Garcia, Jr. Dr. Arnold Gonzales l -L That the foregoing ordinance was read for the second time and passed finally on this theiLt day of 1171C{ l (' (7 , 1998, by the following vote: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales PASSED AND APPROVED, this ATTEST: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols he Armando Chapa, APPROVED THIS By: (L day of ' I Vl1t / i (tel , 1998. Ci Secretary MAYOR THE CITY OF CORPUS CHRISTI 3 /S DAY OF Neal , 1998: JAMES R. BRAY, JR., CITY ATTORNEY Gerard V. D'Alessio Assistant City Attorney LOA\ 1300.007.vr 023269 March 17. 1998 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2009141 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 6TH day(s) of APRIL, 1998. (/ , o (2.OpIth Corpus Christi Caller -Times, Monday. ADril 6, 1998 1110 Legal Notices TWO (2 ) $39.95 ORDINANCE NO. 023269 Amending Chapter 6 - Animal Control, Sections 6-1, 6-10(C), 6-18(E), 6-21(J), 6-22(A), 6- 23(C), and 6-25(8) of the Code of Ordinances to revise the amounts of fines and charges, to conform to various provisions to State law, and make certain other changes and amendments. This ordi- nance was passed and approved by the City Council 1 of the City of Corpus Chdstl on -"9 March 31, 1998. /s/Armando Chapa City Secretary ]City of Corpus Christ v 11;\ A77e OF ACIE.3 /0/5-7.4-200\ 0.\v Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of APRIL 07, 1998. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.