Loading...
HomeMy WebLinkAbout024568 ORD - 08/28/2001 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 6, ANIMAL CONTROL, REGARDING COMMERCIAL PERMITS, FEES, AND SPACING REQUIREMENTS.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 6-18 of the Code of Ordinances is amended to read as follows: Sec. 6-18. Commercial permits and fees. (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. !Ql The commercial permit shall be renewable annually upon inspection and payment of a fee, !9 Fees for such permits shall be in accordance with the following schedule: Pet stores. , . . . . . . , . . . . . . . , . . . . . . . . , . . . . . $50.00 Department stores (fish, rodents, birds) . . , . . . . , . 25.00 Kennels: Authorized less l::ess-than 10 animals .. 25.00 Kennels: Authorized between 1 0 to-~50 animals . 50.00 Kennels: Authorized 51 or more animals. . , . . . . 100,00 Stables: Authorized less l::ess-than 10 horses. . . . 25.00 Stables: Authorized between 1 0 to-~25 horses ,. 50.00 Stables: Authorized 26 or more horses. . . . , . . . 100.00 Grooming shops. . , . . . . . . . . . . . . . . . . . . . . . . . . 50.00 Temporary performing animal ............,... 25.00 Circuses. . , . . . . . . , . . . . . . . , . . . . . . . . , . . . . . . 50.00 Rodeos .....,.....,................,.... 50.00 R01301A4.wpd "'.:' r 0 ..'. ,,) .J.;) T I' 3 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, !9l Except as provided for a circus, performing animal exhibition, or auction, the commercial permit shall be renewable annually upon inspection, .Q:!l Commercial permits granted to a circus, rodeo, auction, 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, rodeo, 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 of insurance, and such other conditions deemed necessary to preserve the safety and welfare of the public. ill 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, fe1-ill-'n 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. ill 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. ~,()LEach commercial animal establishment, even though owned by the same person, must possess a permit. fml Upon the change in the location or ownership, a new application for a commercial permit shall be required. illl Each commercial animal establishment shall be subject to inspection by an animal control officer during normal business hours. R01301A4.wpd T " 4 {Ql 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. feT(p) No commercial animal establishment shall sell any dog or cat, three (3) months of age or older, to any person unless such animal has a valid rabies vaccination. (0) Upon application for the renewal or transfer of a permit. the animal control officer shall review and certify that the commercial animal establishment is in compliance with all ordinances oovernino the conduct of the business of the commercial animal establishment. ffl-frLSubject 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. .w. 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 2. Section 6-33 of the Code of Ordinances is amended to read as follows: Sec. 6-33. Keeping of any livestock or fowl. i& The keeping on any premises in the city, within any zonino district other than an 1-2 Lioht Industrial or 1-3 HeaVY Industrial District. of any fowl or livestock not prohibited by section 6-32, is prohibited unless~ R01301A4.wpd I' '1'".. 5 ill the pens, stalls or other facilities, other than fenced open pastures that are oreater than one acre, for keeping the same shall be so located that the livestock or fowl cannot come within one hundred (100) feet of any existino dwelling or business building owned, used or maintained by any person other than the keeper, ill the pens, stalls or other facilities, other than fenced open pastures that are oreater than one acre, for keepino the livestock or fowl shall be located so the livestock or fowl cannot come within or-five hundred (500) feet of any existino food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. ill the fenced open pasture, which is oreater than one acre, has a means of preventino the livestock or fowl from comino within 25 feet of any property line that abuts an existino residence. (Ql This provision shall not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. (c) Buildinos and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial District must meet the set back reouirements in Section 20-5.04 of the Zonino Ordinance, SECTION 3. Section 6-34 of the Code of Ordinances is amended to read as follows: Sec. 6-34. Keeping of more than six pets. !.&- The keeping on any premises in the city, in any zonino district other than 1-2 Lioht Industrial or 1-3 HeaVY Industrial District. of any pets in any number exceeding six (6) in aggregate, other than rodents and fish, is prohibited unless: the pens, stalls or other enclosure facilities, other than fenced open pastures that are oreater than one (1) acre, for keeping the same shall be so located that pets cannot come within one hundred (100) feet of any dwelling or business building, owned, used or maintained by any person other than the keeper or five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments, ill the pens, stalls or other enclosure facilities, other than fenced open pastures that are oreater than one acres, for keeping the same shall be so located that the pets cannot come within one hundred (100) feet of any existing dwelling or business building owned, used or maintained by any person other than the keeper, R01301A4.Wpd . 2 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 and renewed upon application. Each permit for a kennel or stable shall specify the maximum number of animals that may be kept at the business establishment. (c) Upon initial application for a permit, the animal control officer shall ane-review and certify 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 after consultino with the Buildino Official and Zonino and Code Enforcement Administrator. An appropriate certificate of occupancy issued bv the Buildino Official may be considered as evidence that the commercial animal establishment complies wiht the City's construction and zonino ordinances. @ No permit shall be transferred or assigned, .em. 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. ill Animal exhibits and accredited 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 R01301A4.wpd T w ... p 6 ill the pens, stalls or other facilities, other than fenced open pastures that are oreater than one acres, for keepino the pets shall be located so the pets cannot come within or-five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. rn the fenced open pasture. which is oreater than one acre, has a means of preventino the pets from comino within 25 feet of any property line that abuts an existing residence. (b) Buildinos and structures used to keep animals within an 1-2 Light Industrial or 1-3 HeaVY Industrial District must meet the set back reouirements in Section 20-5.04 of the Zonino Ordinance. SECTION 4. Section 6-35 of the Code of Ordinances is amended to read as follows: Sec. 6-35, Maximum combined number of animals permitted. !ill- The keeping upon any premises in the city, in any zonino district other than 1-2 Lioht Industrial or 1-3 HeaVY Industrial District. of a combined total of more than fourteen (14) animals is hereby forbidden unless~ the pen, stall or other enclosure facility used for the keeping of the same shall confine the same as not to permit the same to come within or five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments. ill the pens, stalls or other enclosure facilities, other than fenced open pastures that are oreater than one acres, for keeping the same shall be so located that the same shall confine the same as not to permit the same to come within five hundred (500) feet of the exterior limits of any existing building used for human habitation or used for the business of any person other than the keeper (unless the keeper is within one or more of the exceptions set forth in section 6-36). ill the pens. stalls or other enclosure facilities, other than fenced open pastures that are oreater than one acres, for keeping the animals shall be so located that the pens, stalls. or other enclosure facilities shall confine the animals as not to oermit the animals to come within five hundred (500) feet of any existino food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. R01301A4.wpd T . 7 ill the fenced open pasture, which is oreater than one acre, has a means of preventino the pets from comino within 25 feet of any property line that abuts an existino residence, (b) Buildinos and structures used to keep animals within an 1-2 Light Industrial or t-3 HeaVY Industrial District must meet the set back reouirements in Section 20-5.04 of the Zonino Ordinance. SECTION 5. Section 6-36(c) of the Code of Ordinances is amended to read as follows: Sec. 6-36. Exceptions to distance and number requirement regulations. * * * * * (c) Lawfully existing premises and premises in newly annexed area. Where any animal is being kept at lawfully existing premises within the city iF19F11ediately prior to the passage of tllis sectioF1 01'1 Marcil 25, 1981, or at a location outside the city limits and by annexation, the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements shall not apply for a period of five (5) years from and after the passage of this amended section or the date of annexation, respectively. Extensions of this exemption may be obtained for successive one )ear five (5) year periods by applying for and obtaining a certificate from the city health officer certifying to the existence of sanitary conditions of the premises and neighboring premises, but sucll exeF19l'tiol'l uF1eler tnis provisioF1 snail F10t il'l aF1'y' event extend beyond teF1 (10) years frcF1, tl'ie elate of tl'ie passage of tllis secti6F1 or tile aeloption of tile aF1F1exatiol'l ordiFlal'lce, respectively. * * * * * SECTION 6. 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 7. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R01301A4.wpd I .. T 8 That the foregoing or~ance was reap for the first time and passed to its second reading on this the \ "':l\(jay of "-.L,- '-1"-' '4., 2001, by the following vote: ~J Samuel L. Neal, Jr. ./ Rex A. Kinnison ~ 01-7 Brent Chesney John Longoria ~ l J(~~ (lkJM '" I- Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly That the foregoing ordi,Qance was read for the second time and passed finally on this the ,,;{ ~y of Llt~~ t~ , 2001 by the following vote: Samuel L. Neal, Jr. '~l(.t Rex A. Kinnison ~ Brent Chesney lll~ John Longoria _11J&~Jtf Javier D. Colmenero (ct~,~~ J.". Noyol, ~ Henry Garrett . Mark Scott Bill Kelly (JJ~f: " 1(,11 PASSED AND APPROVED, this the ~ day of CLu ~V ,2001, ATTEST: Armand~ City Secretary _d.~~ , Samuel L. N , Jr. Mayor APPROVED: 17th day of August, 2001: By: R01301A4.wpd ,',',;, "'S 'J '. i', ;j !J 1 r T ' PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3939160 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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 3RD day(s) of SEPTEMBER. 2001, (Jvct No- Oll-( 6&.( t'~ ~ ~4 Coltlus Chn.ti c-.-TioNs,Monday, September 3, 20011C13 '- Credit Customer Service Manager Subscribed and sworn to me on the date of SEPTEMBER 04.2001. GQ>11 Ynmtt~ /~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, 1 i