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
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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.
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{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~
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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,
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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
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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.
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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.
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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:
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Samuel L. Neal, Jr. ./ Rex A. Kinnison
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Brent Chesney
John Longoria
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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:
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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:
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PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
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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&.(
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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,
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