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HomeMy WebLinkAbout026046 ORD - 12/14/2004 AN ORDINANCE REVISING CHAPTER 6, CODE OF ORDINANCES, BY RENAMING THE CHAPTER; REDESIGNATING EXISTING ARTICLES III, IV, V, AND VI AS ARTICLES V, VI, VII, AND VIII, RESPECTIVELY; CREATING NEW ARTICLES III AND IV; RENAMING ARTICLES I AND II, REDESIGNATING CERTAIN SECTIONS; REVISING THE LANGUAGE OF THE CHAPTER; PROVIDING fOR PENALTIES; PROVIDING fOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, of the Code of Ordinances, is revised by renaming the chapter; redesignating existing Articles III, IV, V, and VI as new Articles V, VI, VII, and VIII, respectively; creating new Articles III and IV; renaming Articles I and II; redesignating certain sections; and revising the language in the chapter to read as follows: "Chapter 6 ANIMAL CARE AND CONTROL "ARTICLE I. IN GENERAL GENERAL PROVISIONS "Sec. 6-1. Penalties. Definitions. [Note: Penalties moved to Sec. 6-2 and Definitions moved from previous Sec. 6-2.] "It shall be unli:rMul for any person to violate any pro'Jisions of this chapter. Such violation shall be :1 misdemeanor and shall be pUniSR:1ble by a fine of not less than t\venty five dollars ($25.00) plus court costs nor more than five hundroa dollars ($500.00) plus court oosts. "If any violation is continuing, eaoh day's violation shall be deemed a sef3amte offense. If any peFson 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 automatioally revoked. ::.@LAs used in this chapter, the following words sJ:\alI have the meanings ascribed to them in this section: "I'.nima!: Animal means anv AAy living vertebrate creature, domestic or wild, other than Homo sapiens. "Animal GORtro! offiGor: Care Officer means the The animal oontrol suporvisor Animal Care Services division manaQer. or his/her autherized agents or employees of the animal oontrol section emplovees of the Animal Care Services division. or authorized aaents of Animal Care Services. "Animal Care Services means a division of the Department of Public Health responsible for enforcinQ State and local laws, ordinances. rules, and reaulations reaardinQ the care and keepinQ of animals. includina the provisions of this chapter. 02fi046 "At large or running at IaFfJe7 lame means anv ARy animal within the 6ity Citv not kept under restraint. "/ltkwk: Attack means to +e set upon with violent force. "!'.IJGtfon: Auction means anv ARy place or facility within the Citv where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. "Gate Cat means a A domesticated member of the Felidae (feline) family, other than a Iiefl;- tiger, bOBcat, jaguar, panther, leopard, cougar, bobcat. COUQar. iaQuar, leopard. lion, panther, tiQer, or other prohibited animal. "CfrGlJs: Circus means a A commercial variety show featuring animal acts for public entertainment. "City health offiGer: Health Officer means the +Ile director of the department of public health Department of Public Health for the 6ity Citv or the director's desiQnee. "City animal shelter: shelter means a A place operated by or for the 6ity Citv, whether in 6ity Citv facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. "Collar or harness means a band of leather. nvlon. rope, or similar material, excludinQ chain if utilized for traininQ purposes, that is commonlv used on an animal to aid in control of movement of the animal, by the animal's owner. and to which a leash or lead can be attached. "Commercial animal establishment: establishment means anv Any pet shop, auction, riding school, staBle, kennel, zoological park, circus, hatchery, 'Jeterinary hospital, performing animal exhiBition, auction. circus. hatcherv. kennel, performinQ animal exhibit, performinQ animal exhibition. pet shop, rodeo. stable. or zooloQical park or any lot, building, structure, enclosure, or premises within the 6ity Citv used for the business of buying, selling, grooming, breeding, or boarding of animals. "Commercial property: property means: "(1) ~ Any portion of land and!or,buildings or buildinQs, excludinQ publicly owned propertv, that is zoned fef;- or utilized for commercial or business uses within the 6ity Citv, including temporary sites. "(2) Is any Any vehicle utilized for commercial or business purposes if! within the 6ity City. "Dangerous animal: animal means: "i1LAny animal that. without provocation, bites or seratches or attacks scratches, bites, or attacks any other animal or and iniures any human being within the city limits without H:\LEG-DtR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 2 0145 provocation Citv and that occurs in a place other than an enclosure in which the animal was beina kept and which enclosure was reasonablv certain to prevent the animal from I eavina the enclosure on its own. "(2) Anv animal that. without provocation. scratches. bites, or attacks and iniures or kills a domesticated animal and that occurs in a place other than an enclosure in which the animal was beina kept and which enclosure was reasonablv certain to prevent the animal from leavina the enclosure on its own. "(3) Any animal that. without provocation. commits acts in a place other than an enclosure in which the animal was beina kept and which enclosure was reasonablv certain to prevent the animal from leavina the enclosure on its own and those acts cause a person to reasonablv believe that the animal will attack and cause bodilv iniurv to that person. "/Jeff DOG means a A domesticated member of the Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote, covote, dinao, fox, iackal, wolf, wolf hvbrid, or other prohibited animal. "Dog or cat HGonso: reGistration means a A privilege granted, GFI upon compliance with the terms of this chapter, to lawfullv own, keep, harbor, or have custody or control of a dog or cat legally within the 6ity City during the calendar year. "Dog or cat lilJonse my: reGistration taq means a A metal tag for attachment to dog or cat collaF!:;, carrying displavina a serial number corresponding to the number of the dog or cat license reaistration for SIffiI:\ the animal for which it was issued,-aOO showing the calendar year the license reaistration is was issued. and which must be attached to the animal's collar or harness for which it was issued. "Food: Any raw, co eked or processed edible substance, ice, beverage or ingredient used or intended for use or sale in whole or in part for human consumption. "Food means: "(1) With respect to food processina or food service establishments, any raw, cooked. or processed edible substance, ice, beveraae. or inaredient used or intended for use or sale, in whole or in part. for human consumption. "(2) With respect to animals, anv commerciallv processed and packaaed substance intended for use bv an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaaed. "Food processing establishmont: establishment means anv place A commercial establishment in which food is commerciallv manufactured or packaged for human consumption. "Food service osmblishmont: establishment means anv My place where food is prepared and intended for individual portion service, and includes the site at which individual portions H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 3 of45 are provided. The term includes the site at which indi'/idual 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 means anv ARy live bird. "Groomina shop means a commercial enterprise where two or more dOQS or cats over four (4) months of aae are aroomed. upon aQreement with the dOQ or cat owner, on a service-for- fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use. if reauired by the City's zoninQ and construction ordinances. "Gu3.'d dog: Guard doa means anv ARy dog that is utilized to protect commercial property,as herein defined. "H3wf:1ery: Hatchery means a A commercial establishment enterprise reQularlv engaged in supplying, selling, or offering for sale any fowl to commercial and/or or agricultural customers. "Impololnd: Impound means to +e take into custody custodv. Gf-t&-place in the 6ity Citv animal shelter shelter. Gf-t&-be observed by a licensed veterinarian at a veterinarv hospital. "Kennel means a commercial enterprise, exciudina a veterinarv hospital. where four or more doas or cats over four (4) months of aQe are kept. raised, sold, boarded. bred. shown. treated. or aroomed on a dailv, weeklv, or monthlv basis. The premises must be located within an appropriatelv zoned area and a certificate of occupancv must have been obtained for kennel use, if reauired bv the Citv's zonina and construction ordinances. "LfGensed \'fJterin3rian: Licensed veterinarian means a A veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. "LiVfJstoGk: Livestock means farm animals, such as horses, Horses, Shetland ponies, mules, donkeys, cattle, goats, sheep sheep, and swine, regardless of age, sex or breed. "Ovmer: Owner means any ARy person owning, keeping keepina. or harboring one or more animals. An animal shall be is deemed to be harbored if it is fed or sheltered provided water. An animal shall be is deemed to be kept if it is fed, fed or provided water and sheltered, sheltered or restrained except upon the authorization of animal control the Animal Care Services manaQer. "Performina animal exhibit means anv spectacle. act. or event. excludina a circus or rodeo, in which animals displav stunts, tricks. skills, or natural characteristics and which spectacle, act. or event does not exceed two (2) calendar days in duration. "Performing animal exhibition: Performina animal exhibition means anv ARy spectacle, display, act act. or e'/ent other than circuses, event. excludinQ a circus or rodeo. in which H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 4 of 45 porforming animals displav stunts, tricks. skills. or natural characteristics and which spectacle, act. or event exceeds two (2) calendar davs in duration. "Pet Pet means anv AAy. animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. "Pet shop: Pet shop means a A commercial enterprise regularly engaged in the buying, €lolling, !jrooming, breeding or boarding buvinq and sellinq of animals and animal-related products. The SuGR premises sRaII must be located within an appropriately zoned afea, area and a certificate of occupancy must have been obtained for the intended suoh UGa. use, if required by the City's zoninQ and construction ordinances. ",oou.ltry: Poultry means anv AAy. species of domesticated bifEIs fowl commonly kept for eggs and/or or meat, meat. such as chickens, turkevs, ducks, or qeese. ",o-rohibited anima!: Prohibited animal means anv AAy. animal not normally born and r3ised in c3ptivity, inoluding but not limitod to tho following:. other than a common household pet. such as a canary. finch. cockatiel. hamster. quinea piq. qerbil. rabbit. ferret. fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected bv international. federal. or State laws or requlations, and includes. but is not limited to, the followinq: "(1) Within the Class Reptilia: Family Helodermatidea (venomous lizardst and all Familv Varanidae (monitor); (monitors): effie!: Order Ophidia, family Family Boidoe (boas, pythons, and anaconda~); family Familv Hydrophiidae (marine snakes); family Familv Viperidae (rattlesnakes, copperheads, cottonmouths. pit vipers, and true vipers); famjjy Familv Elapidae (coral snakes, cobras, and mambas); bmily Familv Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans. and gavials); "(2) Within the Class Aves: Order Falconiforms (suoh as hawks, aa~les eaqles. and vultures) and subdivision Rapitae (such as ostriches, rheas, cassowaries.....and emus); "(3) Within the Class Mammalia: Order Carnivora, (tho family Familv teiidae Felidae.~ (such as couQars. tiQers, lions, bobcats. and ocelots) except domesticated cats, aM tho family Family Canidae (such as wolves, dingos, coyotes.....and jackals), except domesticated dogs.....; tho family Familv Mustelidae (such as weasels, skunks. martins, mink, badgers).....; family Familv Procyonidae (such as raccoons). and; family Family Ursidae (such as Boars bears); and ordor Order Marsupialia (such as kangaroos, and opossums); effie!: Order Chiroptera (bats); effie!: Order Edentata (such as sloths, anteaters.....and armadillos); effie!: Order Proboscidea (elephants); effie!: Order Primata (such as monkeys, chimpanzees.....and gorillas); effie!: Order Rodentia (such as porcupines); and effie!: Order Ungulata (such as antelope, deer, bison.....and camels); and H:\LEG-DIR\efizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 5 of45 "(4) Within the Class Amphibia: Poisonous fFe9&.-froQs. toads. and salamanders. [Note: Paragraph below moved to beginning of the definition for "Prohibited Animal" above.] "Prohibited anim::ll docs not include li'lestock, fowl, poultry or normal household pets, suoh as ::l psittacine bird, canary, finoh, oookatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish or small nonpoisonous reptiles. ".Pro'IOGation: Provocation means anv Arty purposeful act that causes an animal to bite, soratch, scratch, bite, or attack in protection of self, owner itself. the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with city ordinances this chapter would be is considered provocation, irrespective of the reason for SIffiI:\ the entrance. "PvbliG nuisanGe: Public nuisance means anv Arty animal which: that "(1) Is a dangerous dog within the meaning of Chapter 822, Health and Safety Code, as it mav be amended. "(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. "(6) Attacks and iniures or kills a domestic animal. ".Pursuit: Pursuit means the +He continuous act of chasing or attempting to overtake a fleeing animal "RatfJroot- Rat-proof means a A state of being so oonstruoted as constructed so as to effectively prevent the entrance of rats. "Rostrall'lt: Restraint means anv Arty animal that is securely caged;"Gf-secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands~,-GF-within the confines of its owner's home or yard which is fully enclosed by a geeG, secure and substantial fence: or , or when the animal is properly tethered. Horses must be kept in stalls, or in pastures or paddocks with acceptable secure and substantial fencing. In addition, a dog shall be is deemed under restraint in the following circumstances: "(1) When the dog is entered in a bona fide dog show, field trial, or exhibition held ifI.-.tRe sHy within the Citv, while the dog is actually engaged in SIffiI:\ the show, trial. or exhibition. H:\LEG-01R\elizabeth\Oept Files\EH Ordinances\EHord155 Revised Q2.doc Page 6 of45 "(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 StI6i'\ the dog has in StI6i'\ the 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 person with disabilities who utilizes the dOQ as a service animal to aid the person in going from place to place within the sHy Citv. "(4) When the dog is utilized by a licensed peace officer for law enforcement purposes. "Riding SGhoo,' or staIJ!e: Stable means anv AFty place wfIiGI:l that provides: "(1) Any horse, pony, donkey, or mule for hire. ; and/or "(2) Boarding and/or or grazing for any horse, pony, donkey or mule. ; ::lnd!or "(3) Riding instruction on anv horse. ponv. donkev. or mule. "SDnitary: Sanitary means any AFty condition of good order and cleanliness, free from the elements of filth or bacteria, bacteria that endanger health. "Tether: Tether means to +e restrain an animal by rope, chain, or the like, such a similar material attached to a collar or harness so that an animal is fastened to a fixed object or other device so as to limit its range of movement. "'1-aGsination oertifisDtO: Vaccination certificate means the +Re certificate issued by a licensed veterinarian on :1 form in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal control section Animal Care Services division as a condition precedent to the granting of a dog or cat license reQistration. and showing on its face that, at the time of StI6i'\ presentation, the dog or cat covered thereby bv the certificate has been vaccinated for rabies. "Vetorinary hO&fJik1!: Veterinary hospital means any AFty establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. "Zo%gieD! park: Zoolooical park means anv AFty lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals and that is accredited by a recoanized national or state zooloaical entitv. The ~ premises sAaU must be located within an appropriately zoned area and ~ certificate of occupancy must have been obtained for StI6i'\ the intended use. if reauired by the Citv's zonina and construction ordinances. "iQL The words "animal," "dog" and "cat" shall "cat," "doQ." "fowl," "livestock," and "poultry" include both the male and female gender. H:\LEG~DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc Page 7 of 45 "(c) The sinqular form of words includes the plural form and vice versa. "Sec. 6-2. Definitions. Penalties. [Note: Definitions moved to Sec. 6-1 and Penalties moved from Sec. 6-1; modified w/new language and increased fines.] "@l No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less than fiftv dollars $50.00 plus court costs nor more than two thousand dollars ($2.000) plus court costs. "fQl Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter. [Note: Strict liability offense language from previous Sec. 6-5.] "ffl Each day a violation continues constitutes a separate offense. "(d) If any person is found guilty of violating section e 30 of this chapter, all registrations and J3ermits held by the person under this chapter are automatically re'loked. [Note: Language deleted because it is in conflict with the Administrative Proceedings provisions contained in the chapter.] "Sec. 6-3. Animal sontrol sestion Care Services division and supervisor manaaer. "(a) The animal control section Animal Care Services division shall be is a unit of the department of public health Department of Public Health and shall be is in the charge of a person having suitable qualifications and designated by the 6ity City as the animal control supervisor Animal Care Services manaqer. "(b) In addition to the duties specifically prescribed in this chapter, it shall be is the responsibility of the animal control sUJ3ervisor Animal Care Services manaqer to execute susR other duties under the jurisdiction of the department of public health Department of Public Health as the director City Health Officer may delegate. "(c) The animal control supervisor Animal Care Services manaaer shall supervise the operation of the 6ity Citv animal shelter. "(d) All monies collected by the animal control section Animal Care Services division under the terms of this chapter sI:laII must be paid to the collection Collections section of the 6ity Citv each day as collected in accordance with the finance department's policy. policies of the Citv's Finance Department. "Sec. 6-4. Interference with animal sontrol omser Animal Care Officer. "It shallse unlawful for any No person te mav interfere with an animal control officer Animal Care Officer while an officer is engaged in the performance of his/her the officer's duties. H:\LEG-DtR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc Page 8 of 45 "Sec. 6-5. Pursuit of animals. [Note: Moved from Sec. 6-11; modified w/new language.] "For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, duly autRcrized repreGentativeE: or employeeE: an Animal Care Officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which he/E:he the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws. "Sec. 6-6. Reaulations. [Note: Moved from Sec. 6-16; modified w/new language.] "Regulations providing for the interpretation and enforcement of this chapter may be adopted by the city health officer. City Health Officer. The requlations are effective after review at a public meetina held bv the Animal Control Advisorv Committee. A copv of the requlations will be kept on file in the Citv Secretarv's Office. "Sec. 6-i 6-7. Compliance with chapter required for keeping animals. "It iE: unlawful and it shall be a misdemeanor for any person to No person mav do any act forbidden or fail to do any act required in this chapter. UnleE:E: specifically required herein, no mental clement need be present to constitute an offense under this chapter. [Note: Strict liability offense language stated in Sec. 6-2.] "Sec. 6-i 6-8. Compliance with sanitation standards required for keeping animals. "The owner of any animal within the Gity Citv and the holder of any commercial permit issued under this chapter aE: authorized in this chapter shall must comply with the standards of sanitation established therefor by the city health officer Citv Health Officer under this chapter. "Sec. 6-+ 6-9. Compliance with chapter not relief from compliance with etheI' regulation. federal, State, and City laws. rules, and reaulations. "The keeping of any animal in accordance with the provisions of this chapter sl:laII mav not be construed to authorize the keeping of the same the animal in violation of any federal. State. or Citv laws. rules, and reaulations, includina the zoning ordinance ordinances or any other ordinance of the Gity City. "Sec. 6-3 6-10. Inspection of animals and premises. "Animals and premises whereon where animals are kept or maintained shall be are subject to inspection by the city health officer, Citv Health Officer, or his/her authorized reJ3resentati'/e or employeeE:, the Citv Health Officer's desianee, the Animal Care Services manaaer, Of an animal control officer, Animal Care Officer, or anv police officer at any reasonable hour, or at any hour in cases of emergency. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02_doc Page 9 of 45 "Sec. 6-i 6-11. Abatement of conditions not complying with chapter. "Whenever any premises where animals are kept are in an unsanitary condition, eF the facilities are not in keeping with the provisions of this chapter or any eti=lef regulations heroin established bv the Citv Health Officer, or if any health ordinance or law pertaininq to the care or keepino of an animal is not observed, the oity health officer Citv Health Officer or his/her representative the Citv Health Officer's desiqnee, by written notice to the person responsible for the condition of the premises or the keeping of the animals or to the person owning or in control of SYGI:I the premises, may order the abatement of the conditions which are not in accordance with this chapter eF other regulations, requlations or laws, or conditions which constitute a nuisance. Failure to comply with SYGI:I the written notice order shall, in nddition to any criminal or ndministrative proceedings, be constitutes grounds for and entitle the sHy Citv to obtain relief by injunction. Additionallv, failure to complv with the written notice mav subiect the violator to administrative proceedinqs and criminal charqes. [Note: Previous Secs. 6-10 (Licensing, now Registration), 6-11 (Pursuit of animals), and 6-12 (Administrative Proceedings) are in new revised articles and sections.] "Sec. ~ 6-12. Same Application OmissioAS omissions or falsifications. "If an applicant has withheld or falsified any information on an application submitted under this chapter, the animal oontrol supervisor Animal Care Services manaoer may refuse to issue a permit or lioense reoistration or permit, or may revoke any permit or license reoistration or permit issued in connection with SYGI:I the application. "Sec. 644. 6-13. Same Effect of Prier prior convictions. "No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States sRaIl mav be issued a permit or lioense reoistration or permit. "Sec. 645. 6-14. Same Reapplication upon denial of reaistration or permit. "(a) Any person having been denied a license reoistration or permit for any reasons other than section 6 14 above Section 6-13 of this chapter may not reapply for a period of thirty (30) days after such denial. "(b) Each reapplication sRaIl must be accompanied by a nonrefundable ten-dollar ($10.00) fee. "SeG.6 16. RegulatioAs. [Note: Moved to Sec. 6-6.] "Regulations providing for interpretation and enforcement of this ohaJ3ter may be adopted by the oity health offioer. Suoh regulations shall be effective after review at a public R'leeting by the animal control advisory board. "SeG.6 17. Reserved. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc Page 100145 "SeG. Ii 18. CommerGial permits ami fees. [Note: Entire section moved to new Article III and reformatted.] "(3) Except for veterinarians or veterinary hospitals; 311 commercial animal establishments, and owners/possessors of dogs defined as "guard dogs" shall be required to maintain a current and valid commercial permit. "(b) The commercial permit shall be renewable annually upon inspection and payment of a feec "(c) 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 than ten (10) animals ................................................... 25.00 "Authorized bevlleen ten (10) and fifty (50) animals ............................... 50.00 "/\uthorized fifty one (51) or more animals .............................................. 100.00 "StableEl: "Authorized less than ten (10) horses ..................................................... 25.00 ".^.uthorized between ten (10) and twenty five (25) horses ...................... 50.00 "/\uthoriwd w.'enty six (26) or more horses ............................................ 100.00 "Grooming shops ... ..... ................... .................. .......... ...... ..... ............. ............ 50.00 "Temporary performing animal..................................................................... 25.00 "Circuses ......................................................................................................... 50.00 "RodeO!l .............................. 200.00 "Petting zoos (temporary) 50.00 "Guard dogs: "S. I d I' I 't Ing e og.Glng e Ell e ............................................................................. "Multiple dogs/single site......................................................................... "Multiple sitos with one (1) dog ............................................................... 25.00 50.00 100.00 "Training center .. ....... ..... ..... ................ .............................. ..... ................... .... 200.00 "/\nimal exhibit .......................... .......... ....... .............. ...... ...... .......... ..... ........... 200.00 "Breeding (for sale) ........................................................................................ 200.00 "Rabbits (breeding and sale) ......................................................................... 50.00 H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 11 of 45 "/\uctions .. ........ ......... ..'.. ..... ...... ......... .... ... .... ... .... ... ... .......... .......... ........ ....... 100.00 "Tempomry permit (thirty day f-or sale of Llnimals) ......................................... 15.00 "(b) Permits ShLlII be issued and renewed upon application. Each permit for Ll kennel or stLlble ShLlII specify the maximum number of animals that may be kept at the business estaelishment. "(c) Upon initial application for a permit, the animal control officer shall and 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 Llnimal establishment after consulting 'Nith the building official and zoning and code enforcement administrator. ^n appropriate certificate of occupancy issued by the building official may be considered as evidence that the commercial animal est3blishment complies with the City's construction and zoning ordinances. "(d) No permit sh311 be transferred or assigned. "(e) Any establishment providing services classified in tv",o (2) or more categories of fees in the fee schedule will be required to obtain only one (1) permit, and the fee charged for such permit shall be the highest of the fees for any of the applicable categories. "(f) l\nimal ext-lieits and 3ccr-edited 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. "(g) Except as provided for a circus, performing animal exhibition, or auction, the commercial permit shall be renewable annually upon inspection. "(h) 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. /\ny circus, rodeo, auction, performing animal exhibition 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 proscribed by the city health officer for indemnification of the city, proof of insurance, and such other conditions deemed necessary to proserve the safety and 'Nelfare of the public. "(i) ,^, wai'/er of the permit requirements of this section may be granted by the City Health Officer in cases in'Iolving a scientific or educational program, a show or exhibition by a nonprofit organization or animLlls owned by the city upon a finding that such a wai'/er 'Nould not endanger the public or animal health, or create a nuisance. "U) 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 foe H:\LEG~DrR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 12 of45 must maintain :::I register identifying all animals boarded or grazed, the name, address, :::Ind telephone number of the owners of each animal including an alternati'le emergenoy telephone number, and a statement by the owner of eaoh animal boarded or grazed either assuming total ree;pone;ibility for the oare and feeding of the animal or trane;ferring all responsibility for the care and feeding of the animal to the st:::lble or kennel owner/operator. "(k) 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. "(I) Each commeroial animal ee;tablie;hment, even though owned by the same person, must possess a permit. "(m)Upon the ohange in the looation or ownership, a now applioation for a commercial permit shall be required. "(n) Each commercial animal establishment shall be subjeot to ine;peotion by :::In anim:::ll oontrol offioer during normal business hours. "(0) f'. commeroi:::ll permit sholl be displayed in a prominent place on the promises. In addition to all other conditions of this section, o'Nners/possessors of dogs defined as "gu:::lrd dogs" sh:::lll meet all regulations promulgated by the city health officer. "(p) No oommercial animal establishment shall sell any dog or oat, throe (3) months of age or older, to any person unless such :::Inimal has a valid rabies vaccination. "SeG. Ii 19. Resen'ed. "Sees. 6-15 to 6-25. Reserved. "ARTICLE II. LICENSES REGISTRATIONS AND PERMITS; J\DMINISTRATIVE PROCEEDINGS [Note: Permits moved to new Article III; Administrative Proceedings moved to new Article IV; Registration section has new format.] "SeG. Ii 10. LiGensing Sec. 6-26. Application reauirements. "(a) Required. It shall be ~ unlawful for any person to No person mav own, keep, harbor, or have custody or control of any dog or cat over three (3) four (4) months of age within the Gity Citv without first obtaining a valid lioense havino reoistered fef-each SUGR dog or cat as heroin provided under this article, except as permitted bv subsection (c) of this section. H:\LEG-DfR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 13of45 "(1) It is presumed. in a prosecution for a violation of this subsection. that the doq or cat owned. kept, or harbored bv, or under the custodv or control of the person so charqed was over four (4) months of aqe on the date of the violation. "(2) It is presumed, in a prosecution for a violation of this subsection. that the person charqed with owninq, keepinq, harborinq, or havinq custodv or control of a doq or cat required to be reqistered under this subsection did not reqister the subiect animal in accordance with this chapter unless, upon the request of an Animal Care Services Officer or licensed peace officer at the time of the violation. valid proof of reqistration was produced bv the person so charqed. "(b) Application; prerequisites. Written application for licenses reqistrations and payment of the applicable license reqistration fees sI=laII must be made to the Citv's collection collections section, animal control, Animal Care Services division, or participating veterinarians. The application sI=laII must include the name aM" address, phone number, state-issued driver's license or identification number, and date of birth of the applicant, a description of the animal, and a currently valid rabies certificate issued by a licensed veterinarian. [Note: Fees amounts and paragraphs following moved to new subsection (d) of this section.] "(c) Faa. The annual license fee shall be as follows: "(1) Eaoh spayed or neutered dog or cat. . . $3.00 "(2) Eaoh dog or cat not spayed or neuterod . . . 10.00 "No fee shall be charged for a license issued fer any dog actually used by a blind or deaf person to aid suoh person in going from plaoe to plaoe. No fee shall be charged for a license issued for any dog that is owned and used by any law enforaoment agency f-or drug awareness/detection, bomb detection, or any other verified law enforcement purpese. "PartioipatiA!:l veterinarians will be rebated ono dollar ($1.00) for each lioense they issue if the duplioClto cOI3Y of the licensel vaccination oertificate is submitted to the animal oontrol division within thirty (30) days of issuanoe. "(c) When to apply. Application for a lioense An owner must make application for reqistration must be made within thirty (30) ten (10) days after obtaining a dog or cat over three (3) four (4) months of age, except that this requirement will not apply to a nonresident individual keeping a dog or cat within the Gity Citv for no longer than sixty (60) days. /\ new resident to the Cit'! must make applioation for reaistmtion within thirty (30) d::lvS of estaolishinq resideAse in the City. For the purposes of this section, "ee:taslishinq residenoe" means tt-le oonnectien of utilities at a resideAse in the Cit.... H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 14 of 45 "(1) It is presumed, in a prosecution of a violation of this subsection. that the doq or cat, owned bv the person charqed with the violation, was obtained more than 10 davs prior to the date of the violation. "(2) It is presumed. in a prosecution of a violation of the exception contained in this subsection. that the person charqed with the violation is a resident of the City and that the person has kept the doq or cat within the Citv for a period exceedinq sixtv (60) davs. "Sec. 6-27. fees. "(a) Fee. The annual license reqistration fee shall be is as follows: "(1) Each spayed or neutered dog or cat ..................................................... . $ 3.00 "(2) Each dog or cat not spayed or neutered .................................................. 10.00 "(b) No fee sRalI may be charged for a license reqistration issued for any dog actually used by a blind or deaf !'lerson person with disabilities who utilizes the doq as a service animal to aid &uGA the person in going from place to place within the Citv. "(c) No fee sRalI mav be charged for a license reqistration issued for any dog that is owned and used by any law enforcement agency for drug awareness/deteotion, druq or bomb detection, or any other '/orified law enforcement purpose. "(d) Participating veterinarians will be rebated one dollar ($1.00) for each license reqistration they issue if the duplioate oopy duplicate copies of the lioense/...accination reqistration and vaccination certificate is certificates are submitted to the animal oontrol Animal Care Services division within thirty (30) ten (10) days of issuance of the reqistration. "Sec. 6-28. Term. "If not revoked under the provisions of this chapter, suoh lioense a reqistration shall be is effective for a period of one year from the date of vaccination. J\pplioation for license renewal may be made any time within a thirty day fleriod flrior to the eXfliration €late of the lioense . "Sec. 6-29. Issuance and wearing of tag. "(a) Issuance. Upon acceptance of the dog or cat Iiocmse reqistration application and pavment of the applicable fee, the City's Collections section, the animal oontrol supervisor Animal Care Services manaqer, or dele~ated the participatinq veterinarian sRalI will issue a durable license reqistration tag, stamped with an identifying nUR'lber g serial number and the year of issuance. Tags shall be aesignea so that they may be conveniently fastened or riveted to the animal's collar or harness. "(b) Wearing of tag. :op.lacomont foo. Dogs and cats must wear lioense reqistration tags fastened to a collar or harness at all times. H:\LEG~DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 15 of 45 "(1) It is presumed, in a prosecution of a violation of this subsection. that a doq or cat that is determined bv an Animal Care Officer or a police officer to be without a reqistration taq fastened to its collar or harness while in a public place within the Citv has not been vaccinated in compliance with this chapter. "(2) It is presumed, in a prosecution of a violation of this subsection, that a doq or cat that is determined bv an Animal Care Officer or a police officer to be without a reqistration taq fastened to its collar or harness while in a public place within the Citv has not been reqistered in compliance with this chapter. "(c) Replacement of tag. A duplicate Iioense reqistration tag may be obtained from the Animal Care Services division upon payment of a two-dollar ($2.00) replacement fee and proof or presentation of the oriqinal reqistration receipt. "(d) Nontransferable. No person may use any license reqistration taq for any animal other than the animal for which it was issued. "Sec. 6-30. Registration records. "The animal oontrol supervisor Animal Care Services manaqer shall oause to be maintained maintain a current record disclosing of the serial numbers of dog and cat licenses reqistrations and license reqistration tags issued, and the names and addresses of persons to whom the same are issued. "Sec. 6-31. Reduction or waiver of fee during animal health campaigns. "The oity manager Citv Manaqer is hereby authorized to temporarily reduce oharges or waive fees for animallioenses reqistrations as part of community-wide lioensing reqistration and vaccination campaigns held bv the Animal Care Services division in conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare orqanization to increase the awareness of the need for pet vaccinations and licenses reqistrations. "Sec. 6-32. Dangerous dog registration. "(a) A dog found to be a "dangerous dog" as defined by in Chapter 822, Health and Safety Code, as it mav be amended. sI=iaII must wear a dangerous dog license reqistration tag issued by the animal control Animal Care Services division upon a payment of 2 fifty dollars dollar ($50.00) Iioense reqistration fee. "(b) SwI:lf:" dangerous dog lioense reqistration tag sI=iaII must be worn at all times by the dangerous dog attached to a lime green colored, one-inch-wide collar. "(c) In addition, the The owner of a dangerous dog shall present proof of the secure enclosure in which the dog sI=iaII will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that mav result resulting from an attack bv the danqerous doq causinq bodilv iniurv to a person, and proof of compliance with other H:\LEG-OIR\efizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 16 of45 conditions as may be required pursuant to bv the Citv Health Officer and as mav be required under Chapter 822, Health and Safety Code. as it mav be amended. "SeG. Ii 11. Pursuit of animals. [Note: Moved to Sec. 6-5.] "For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, duly authorized representati'Jes or employees may enter upon pri'Jate property to the fullest extent permitted by law, except d.....ellings located on the property, when in pursuit of any animal 'Nhich he/she has mason to belie'le is subject to impoundment pursuant the provisions of this chapter or other applicable laws. "SeG. Ii 12. liGense and permit re\'oGation Administrative proGeedings. [Note: Moved to new Article IV.] "(0) W/:lon /:laid. "( 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 HI, 6 21 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 governing the protection and keeping of animals. "(2) The city health officer must hold on administrative hearing to determine whether any lioense or permit issued pursuant to sections 6 10, 6 17, 6 1 B, 6 21 :md 6 32 should be revoked or to otherwise regulate the keeping of :m animal within the city, if: "a. An animal has been impounded for an unprovoked biting offense; or "b. An animal has been the subject of two (2) criminal charges resulting in conviction or VllO (2) impoundments or any combination of PNO (2) such convictions and/or impounding incidents within twenty four (21) 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. .^.ny animal has been kept in a stable in violation of any section of tho 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 filod under Chapter 822, Health and Safety Code. "(b) Written noUso roqu!red. No such administrative hearing shall be held without giving the license/permit holder, or owner of an unlioensed animal, prior written notice of the date, time and place of hearing. INritten notice shall be deemed made when :1 certified letter return H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 170f45 receipt requested, addressed to the addrecs indioates in the holder's last permit or license application or if no suoh application is on file, to the ollmer's last known address, is deposited in the U.S. mail. 'Nritten notioe shall also be deemes made when the notice letter is delivered by an employee or representative of the city health offioer to such adsress. /\11 persons on the register kept by a horse stable for which an administrative heming will be held will be notified by certified mail that a hearing is to take place. "(c) Disposition. /\t the conclusion of the administrative heming, the oity health offioer or designee shall determine if the person holding the license or permit, or the O'Nner of an unlicensed animal, has violated any provision of this chapter, the regulations promulgated by the city health offioer, or any law gO'/erning the protection and keeping of the animal in question. If any suoh '/iolation has been found to have ooourred, the city health offioer or designee, in hislher discretion, may order that any of the follO'.ving 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; "(2) That the holder/owner comply with specified oonditions so as to be permittes to continue to keep the animal within the oity; "(3) That a dangerous dog, or a dog ha'/ing caused the death of a I'lerson and ordered destroyed by a governmental agenoy responsible for animal control, under authority of Texas Penal Code, Chapter 1 B, .^.rtiele 1B.1B2, or under authority ef Chapter B22, Health and Saroty Code, shall be humanely euthanized as pro'/ided by regulation; or "(4) /\ny other disposition deemed to be consistent with the protection of public health, safety and welfare. "Sees. 6-33 to 6-50. Reserved. "ARTICLE III. COMMERCIAL PERMITS AND FEES. [Note: Redesignation of new article due to formatting.] [Note: Previous Sec. 6-18 constitutes entire new article w/new and modified language and reorganization of existing provisions.] "Sec. 6-51. General provisions. "fill Except for veterinarians ef and veterinary hospitalsi ,,-all commercial animal establishments and owners/possessors owners and possessors of dogs defined as "guard dogs" Quard dOQS shall be are required to maintain a current and valid commercial permit. "ill No commercial permit si=laII mav be transferred or assigned between persons. between commercial animal establishments. or between a person and a commercial animal establishment. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 18of45 "19 Each separate and distinct commercial animal establishment, even though owned by the same person, must possess a permit. "{Ql Upon tAe 9. change in the location or ownership of a commercial animal establishment, a new application for a commercial permit shall be is required. "1m Each commercial animal establishment shall be is subject to inspection by an animal control officer Animal Care Officer during normal business hours. "ill A commercial permit sRaJj must be displayed in a prominent place on the premises. "(glln addition to all other conditions of this section article, owners/possessors and possessors of dogs defined as "guard dogs" under this chapter sRaJj must meet all applicable provisions of this chapter and regulations promulgated by the city health officer Citv Health Officer. "ill No commercial animal establishment sAall may sell any dog or cat, three (J) four (4) months of age or older, to any person unless S\ffiR the animal has a valid rabies vaccination. "Sec. 6-52. Application. "@l All commercial animal establishments, excludinQ veterinarians and veterinarv hospitals, and owners and possessors of Quard dOQS are required to obtain and submit an application for a commercial permit from the Animal Care Services division. "iQ} Upon initial application for a permit, the animal control officer Animal Care Services manaQer shall and must review and certify that the commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the Gity Citv governing the conduct of the business of the commercial animal establishment after consulting with the building official and zoning 3nd code enforcement administr3tor Buildino Official and ZoninQ and Code Enforcement Administrator. An appropriate certificate of occupancy issued by the building official may be considered as evidence that the commercial animal establishment complies with the ~ Citv's construction and zoning ordinances. "Sec. 6-53. Term. "@l TIle Except as otherwise set out in this section. a commercial permit shall be is renewable annually upon inspection and payment of a toe. "iQ} Commercial permits granted to a circus, rodeo, auction, or performing animal exhibition an auction. circus. performino animal exhibition, and rodeo shall be are valid for the duration of the event not to exceed thirty (30) days from the date of issuance. "19 Commercial permits Qranted to a performinQ animal exhibit are valid for a period not exceedino two (2) calendar davs. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 19 of 45 "Sec. 6-54. Fees. ".@l Fees for sool=I commercial permits shall bo in accordance ,,"ith the following ccheElulo are as follows: ".'\nimal exhiBitc .......................................................................................... $ 200.00 (Note: See Performing Animal Exhibition permit.) "Auctions ............... 100.00 "Brcodin!3 (for solo) ........................................................................................ 200.00 "Circuses ............................................................................................. W,QQ 200.00 "Department Stores (fish, rodents, birds) ....................................................... 25.00 "Grooming Shops .......................................................................................... "Guard Dogs: "Single doglsingle site ............................................................................. "Multiple dogs/single site......................................................................... "Multiple sites with one (1) dog ............................................................... "Kennels: "Authorized less than ten (10) animals ................................................... "Authorized between ten (10) and fifty (50) animals ............................... "Authorized fifty-one (51) or more animals .............................................. 50.00 25.00 50.00 100.00 25.00 50.00 100.00 "TemJ3orary J3erforming animal PerforminQ Animal Exhibit ........................... 25.00 "PerforminQ Animal Exhibition ...........................................,.......................... 200.00 (Note: Previously, Animal Exhibit permit.) "Pet Stores ... ... ....... ... ....... ... ..... ... ... .... .... ..' ..... ... ... ......... ... 50.00 "Petting Zoos (temporary; less than ten (10) days) ...................................... 50.00 "Rabbits (breeEling and calc) ........................................................................ 50.00 "Rodeos .......... ..... ..... .......... ... ... ...... .... ... .... "Stables: "Authorized less than ten (10) horses ..................................................... "Authorized between ten (10) and twenty-five (25) horses ...................... "Authorized twenty-six (26) or more horses ............................................ "TcmJ3orary J3ermit (thirty day for calc of animals) ......................................... H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc 200.00 25.00 50.00 100.00 15.00 Page 20 of 45 ''Training center .. ................................... ....... ....... ................. ..... ..... ..... .......... 200.00 "ilil Any commercial animal establishment providing services classified in two (2) or more categories of fees in the fae schedule listed in subsection (a) of this section '.viII be is required to obtain only one (1) permit, and the fee charged for SHGf:\ the permit shall be is the highest of the fees for any of the applicable categories. "Sec. 6-55. Renewal of permit. [Note: Provisions incorporate previous Sees. 6-18(g) and (q); fee language is new.] "Except as provided for a circus, performing animal eXRibition, or auction, for an auction, circus, performinq animal exhibit. performinQ animal exhibition, or rodeo, tile ~ commercial permit sh:J1I be is renewable annually upon inspection. upon: "(1) Inspection of the commercial animal establishment by the Animal Care Services manager or the Animal Care Services manager's designee; "(2) Review and certification by the Animal Care Services manager or the Animal Care Services manager's designee that the commercial animal establishment is in compliance with all applicable State and local laws, ordinances, rules, and regulations governing the conduct of the business of the commercial animal establishment; and "(3) Payment of the required fees. "Sec. 6-56 Pertaining to kennels and stables. "fill Each permit for a kennel or stable sRaII must specify the maximum number of animals that may be kept at the business kennel or stable. "ililln addition to all other conditions of this section, owners/operators Owners and operators of stables or kennels, except kennels owned and 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 ownerJoperator.or operator. "lfl The stable or kennel owner/operator must also provide an emergency telephone number where the stable or kennel ownerJol3erator or caretaker owner. operator. and anv caretaker of the stable or kennel can be reached if they are not the owner, operator. or caretaker do not reside on the premises. "Sec. 6-57. Permission to possess prohibited animals. "fill Animal exhibits and accredited zoological parks, Auctions. circuses, performinQ animal exhibits, performinQ animal exhibitions, and rodeos may request limited permission to H:\LEG-DIR\el;zabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 21 of 45 possess prohibited animals within the city limits of the City of Corpus Christi Citv for the duration of tRe ~ commercial permit. "lli Possession of a prohibited animal pursuant to under this section sholl be is exempt from the terms of section 6 J2 Section 6-153 and is subject to regulations and rules prescribed by the oily health offioer Citv Health Officer fur, includinQ. but not limited to, indemnification of the Gity Citv, proof of insurance, and stIGR anv other conditions deemed necessary to preserve the health. safety, and welfare of the public. "Sec. 6-58. Waiver of requirements. "A waiver of a portion or all of the permit requirements of this section article may be granted by the city health officer Citv Health Officer or the Citv Health Officer's desiqnee in cases involving a scientific or educational program, a show or exhibition by a nonprofit organization, or for animals owned by the Gity Citv upon a finding that stIGR a waiver would not endanger the public's health, safetv, or welfare-Gf"j!Jlanimal's health, or create a nuisance. "Secs. 6-59 to 6-75. Reserved. "ARTICLE IV. ADMINISTRATIVE PROCEEDINGS. "Sec. 6-2i 6-76. Registration and permit revocation--Administrative proceedings. "(a) When held. "(1) The oily health officer Citv Health Officer or the Citv Health Officer's designee may hold an administrative hearing to determine whether any license reqistration or permit issued pursuant to sections 6 10, 6 17, 6 18, 6 24, and 6 J2 under Article II or Article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the Gity Citv, if if: the lioense/permit roqistmtion or permit holder or owner of an unlicensed unreqistered animal refuses or fails to comply 'Nith any provision of this chapter, the regulations promulgated by the city health offioer Q!!y Health Officer, or ::my la'll governing the protection and keeping of animals i.o....1b.ill. Stat&. [Note: Deleted language split into subsections below; new language inserted.] "ffil A registration or permit holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of animals in this State. "(B) The owner of an unregistered animal, the owner of an unvaccinated animal. or the owner of a commercial animal establishment not properlv permitted under this chapter fails or refuses to comply with any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of animals in this State. H:\LEG~DJR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 22 of 45 "(2) The city health offioer Citv Health Officer must hold an administrative hearing to determine whether any lioense reqistration or permit issued pursuant to sootions 6 10, 6 17, (3 111, 6 21, and 6 32 under Article II or Article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the 6ity Citv, if: "a,!ill An animal has been impounded for an unprovoked biting offense and the incident involved bodilv iniurv to a personi-Bf "lID An animal has been determined bv an Animal Care Officer to be a public nuisance. "&.-f9 An animal has been the subject of two (2) criminal charges brouqht aqainst the animal's owner under this chapter and resulting in conviction of the animal's owner. Gf-two (2) impoundments, or any combination of two (2) suoh conviotions and/or a combination of one such conviction and impounding one impoundment incidents within the twenty-four (24) months month period immediately preceding the date of the last suoh incident conviction or impoundment. Impoundments which occurred as a result of provoked biting, a1:tacking or sor:1tching scratchinq, bitinq, or attackinq incidents sf!aII may not be considered for purposes of this subsection. i-Bf "c. Any animal has been kept in :1 stable in violation of any section of the animal control code; or [Note: Addressed in (a)(1)(A) and (B) above; permit can be revoked and establishment can be closed.] "d. The holder of a oommercial permit fails to comply '....ith the provisions of section 6 111 or regulations promulgated by the city haalth offioar ; or [Note: Addressed in (a)(1)(A) and (B) above; permit can be revoked and establishment can be closed.] "a. !\ny dog has become tha subject or probable subject of:1 C:1usa of aotion filed under Chaptar 1122, Haalth and Safety Coda. [Note: Dangerous dog provisions of State law require appeal of determination to be heard in a court of proper jurisdiction.] "(b) Written notice required. "ill No such An administrative hearing sf!aII mav not be held without giving the Iioense reqistration/permit holder or permit holder or owner of an unlicansed unreqistered animal, prior written notice of the date, time> and place of the hearing. "ill Written notice shall ba is deemed made when a certified letter, return receipt requested, addressed to the address indicated iR on the holder's last reqistration or permit or Iicensa 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 ba is also deemed made when the notice letter is delivered by an employee or representative of the oity health officer City Health Officer to SIffiI:\ the address. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 23 of 45 "m All persons on the register kept by a horse stable for which an administrative hearing will be held will be notified by certified mail deposited in the U.S. mail or by personal deliverv made bv an emplovee or representative of the Citv Health Officer that a hearing is to take place. "(c) Disposition. At the conclusion of the administrative hearing, the city health officer Qj!y Health Officer or the Citv Health Officer's designee shall determine if the person holding the license reoistration or permit, or the owner of an unlicensed unreqistered animal, has violated any provision of this chapter, the regulations promulgated by the city health officer City Health Officer, or any law governing the protection and keeping of the animal in question that is the subiect of the administrative hearino. If any 5\ffiR violation has been found to have occurred, the city health officer Citv Health Officer or the Citv Health Officer's designee, in his/her their discretion, may order that any of the following actions be taken within the time specified by the city health officer Citv Health Officer or the Citv Health Officer's designeec ~ "ill That the owner divest himself/herself of the animal in question that is the subiect of the administrative hearino by either having it humanely euthanized or bv revocation of the animal's reqistration and by remo'/ing it removal from the Gity Citv: "ill That the permit holder divest himself/herself of the animals that are the subject of the administrative hearing by revocation of the commercial permit and cessation of business operations related to animals; "t2j m That the holder/owner owner or permit holder comply with specified conditions" deemed to be consistent with the protection of the public health, safetv. and welfare, so as to be permitted to continue to keep the animal within the Gity Citv: or "(4) That a dangerous dog, or a dog ha>/ing caused the death of a person and ordered destroyed by a gO'/ernmental 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 [Note: Disposition of dangerous dogs addressed in State law; a dog causing the death of a person or serious bodily injury will be ordered seized and destroyed by a court; a dog causing or threatening bodily injury can be declared a dangerous dog subject to stringent registration and keeping requirements.] "~ {1LAny other disposition deemed to be consistent with the protection of the public's health, safety, and welfare. "Secs. 6-77 to 6-100. Reserved. H:\LEG-DtR\erizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 24 of 45 "'.RTIClE III ARTICLE V. ANIMAL AND RABIES CONTROL "Sec. 6-20 6-101. Restraint. "It shall be is unlawful for an owner to fail to keep SHGR an owner's animals under restraint as follows: "(a) Except for cats, all animals sflalI must be kept under restraint as defined in this chapter. Cats mav be free-roamino if otherwise in compliance with the provisions of this chapter. "(b) It is a violation of this chapter for any animal to be a public nuisance. An owner violates this provision if Ris the owner's animal is a public nuisance, regardless of any "fault" of the owner. "Sec. 6-102. Spavina/Neuterina Required of Cats. [Note: New!] "(a) After Januarv 1. 2006. all free-roamino cats are required to be spaved or neutered. For the purposes of this section. "free-roaminq" means not securelv caqed, not under restraint bv a leash or lead attached to a collar or harness, or not within the confines of the cat owner's residence or business structure. "(b) Anv free-roaminq cat that is not spaved or neutered is subiect to impoundment under this chapter. Nothinq contained in this chapter prevents the free-roaminq of cats that have been spaved or neutered. "(b) This section is effectivc January 1. 2005. "Sec. 64t 6-103. Impoundment. "(a) Grounds for impoundment. Animals may be impounded by the animal control scction Animal Care Services division in any of the following circumstances: "(1) Any dog not kept under restraint as required by this chapter. "(2) Any dog or cat not wearing a collar or harness affixed with a valid city license Citv reqistration tag. "(3) Any dog or cat for which a valid city license Citv reqistration has not been issued. "(4) Any animal wRiGJ:I that 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 Animal Care Services manaqer for the proper treatment of such dog or etRef the animal. "(6) ~ Anv animal that has rabies or exhibits symptoms thereof of rabies, or that a H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 25 of 45 person could reasonably suspect as having rabies, or that bites, scratohes or otherwise attacks another animal or other person 'Nithin the city. "(7) Anv animal, when unprovoked. that bites, scratches. or otherwise attacks another animal or person within the Citv. "f+t @ Any animal not kept by the owner or permit holder in conformity with this chapter. requlations promulaated bv the Citv Health Officer, disposition made in accordance with Article IV of this chapter, or State law. "fSt {ill Any animal upon the written request from of the animal's owner thereof and to which the animal control supervisor, or his designee, Animal Care Services manaaer or the Animal Care Service manaaer's desianee agrees that 5tIGA the animal be humanely euthanized for the protection of the public's health. safetv, and welfare of the public. "f9j (1Ql Any dog that is the subject of a cause of action filed pursuant to Chapter 822, Health and Safety Code, as it mav be amended, sRaII must be impounded until further order of tRe 9. County Court at Law court of proper iurisdiction. "(11) After January 1. 2006, anv free-roaminq cat that has not been spaved or neutered. "(b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to Chapter 822, Health and Safety Code, for observation of rabies under Section 6-127, or other administrative procedures, impounded animals not claimed sRaII must 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 is considered Day 1. "(c) Notification of owner. If, by a license reaistration tag or other means, the owner of an impounded animal can be identified, the animal control officer Animal Care Service division sRaII shall. as soon as practicable after impoungment impoundment. notify the owner in person, person or by telephone, if reasonably possible, and, if not, then by mail, advising tfIat that, if the impounded animal involved is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. "(d) Redemption. Impounded animals, othor than excludina those impounded as dangorous animals, vicieus dogs, and a public nuisance, a prohibited animal, or an animal held for observation of rabies, rabies under Section 6-127 or other administrative procedures, si:Iall be are subject to immediate redemption. SOO:Ilmpounded animals may be redeemed by anyone entitled to possession thereof of the animals while the same animals are in the Gity Citv animal shelter after paying the appropriate fees as follows: H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 26 of 45 [Note: Impoundmentfee, section (1) below, is reformatted only.] "(1) Impoundment fee: "a-,@ First impoundment: "Animals, excluding livestock: "Unregistered, not sterilized. ......................................... $ 75.00 "Unregistered, sterilized ................................................... 50.00 "Registered, not sterilized ................................................ 50.00 "Registered and sterilized ................................................ 25.00 "Livestock, weighing less than 100 pounds ........................... 25.00 "Livestock, weighing 100 pounds or more ............................. 50.00 "~iID Second and subsequent impoundment within 12 months: "Animals, excluding livestock: "Not sterilized ................................................................$ 75.00 "Sterilized ........................................ ........ ..... ..... ........ ..... 50.00 "Livestock, weighing less than 100 pounds .......................... 50.00 "Livestock weighing 100 pounds or more ............................ 100.00 "s,{g If an animal is sterilized within ~ thirtv (30) days of release from iml30undment followino the animal's first impoundment, the veterinarian performino the sterilization will be reimbursed $25.00 of the impoundment fee upon submission of a CODV of the sterilization invoice. U€h{Ql A waiver or partial waiver of an impoundment fee may be granted by the direotor of public health Citv Health Officer in cases involving exigent circumstances as determined and published determined and published annually by said director the City Health Officer. A COpy of the waiver schedule will be kept on file in the City Secretarv's Office. "(2) Boarding charge. A boarding charge determined, published published, and set annually by the director of public health, City Health Officer, btit not to exceed the reasonable cost of boarding, feeding feedino, and caring for sueR the animal for the period of impoundment. A cOPV of the boardino charoe schedule, settino out the annual rates. will be placed on file with the City Secretarv's Office. H:\LEG~DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 27 of 45 "(3) Rabies vaccination charge. All charges for rabies vaccination if required. "(4) City !iconso reaistration charge. City license reqistration charge, if applicable. [Note: Paragraph below moved to new subsection (e), which follows previous subsection (e) further below; language revised.] "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 sulaject to redemption '.vhen found to be free from rabies. [Note: Previous subsection (e) below moved to new subsection (g).] "(e) Disposition of anim3!s. 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 welfure of animals, sold pursuant to section 17 1 of the Code of Ordinances of the City of Corpus Christi, or humanely euthanized, pro'/ided however, prior to the disposition of any li'/estock, 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 fucility 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 '1lritten consent of the owner and the acceptance of such animal by the animal control supervisor. /\ny 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 il22, 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 procoeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous COAdl,Jct, that the due claimant of said dog shows proof of having fl,Jlly complied with all insurance and restraint requirements of Chapter il22, Health and Safety Code and this article, see section 6 10(k). "(e) Redemotion--soecial circumstances. In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it sIlaII may not be released until the animal control supervisor Animal Care Services manaQer shall be is satisfied that arrangements looking to its proper treatment are assured. Animals put under observation as described in section Section 6-23 shall become are subject to redemption H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 28 of 45 no less than ten (10) davs from impoundment if when found the animal is determined to be free from rabies by the Animal Care Services manager. "(f) Mandatorv spay/neuter of doas followina impoundment. [Note: NEW!] "(1) Mandatorv spay/neuter followina first impoundment. The owner of a dOQ which has not been reQistered and vaccinated in accordance with this chapter, whose dOQ is not spaved or neutered. and whose dOQ has been impounded for beinQ at larQe shall have the dOQ spaved or neutered within 30 davs followinQ the dOQ's release from impoundment. "(2) Mandatory spav/neuter followinQ second impoundment. The owner of a dOQ which has been impounded for beinQ at larQe at least two (2) times in a twelve-month period, whose dOQ was reQistered and vaccinated in accordance with this chapter at the time of the dOQ's first impoundment. and whose dOQ has not been spaved or neutered, shall have the dOQ spaved or neutered within thirtv (30) davs followinQ the dOQ's second release from impoundment. "(3) Exemption made by Animal Care Services manaaer. The Animal Care Services manaQer is authorized to exempt a dOQ owner from the requirements of paraQraph (1) of this subsection if the owner proves to the satisfaction of the Animal Care Services manaQer that the animal met one (1) of the conditions specified in paraQraph (6) of this subsection. "(4) Certification of spay/neuter procedure. The owner of a dOQ required by paraQraphs (1) or (2) of this subsection to be spaved or neutered shall submit to the Animal Care Services manaQer certification that the spay or neuter procedure was performed. "{6l The certification must be made on a form provided bv the Animal Care Services division and must contain the siQnature of the veterinarian who performed the procedure. "(B) The certification must be delivered bv the owner to the Animal Care Services division no later than the 40th dav followinQ the animal's release from impoundment. "(5) Offenses. "(A) A person commits an offense if the person is the owner of a dOQ required bv paraQraphs (1) or (2) of this subsection to be spaved or neutered and the person fails to have the animal spayed or neutered. "(B) A person commits an offense if the person is the owner of a dOQ required bv paraQraphs (1) or (2) of this subsection to be spaved or neutered and the person fails to provide certification of the spav or neuter procedure as required bv paraQraph (4) of this subsection. H:\LEG-D1R\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 29 of 45 "(6) Affirmative defense. In a prosecution for a violation of paraqraph (5) of this subsection. it is an affirmative defense that: "(A) At the time of the doq's second impoundment: "0) The doq was reQistered with a national reqistrv: and "Oi) The owner of the dOQ was a member of a national breed club. local breed club. local all-breed club. sportinq or huntinq club. or was reqularlv shown durinQ the six-month period immediately precedinq the second impoundment. "(B) At the time of the dOQ's second impoundment, the doq was at larqe due to a vis maior. "(C) The dOQ was at larqe at the time of its second impoundment due to a fire or due to the criminal or neQliqent acts of a third partv who was not residinQ at the doq owner's residence. At trial. evidence of a fire or the criminal or neQliQent acts of a third partv mav be presented in one or more of the followinq manners: "(i) A certified copv of a police or fire report verifyinQ the incident; "(ii) The affidavit of police or fire personnel with direct knowledqe of the incident: or "(iii) The testimonv of police or fire personnel with direct knowledqe of the incident. "(7) Nothinq in this subsection mav be construed so as to permit a spaved or neutered dOQ to run at larQe. "fet f9.l Disposition of animals. "i1LExcept as provided in subsection (c), (h) subsections (c) and (j) of this section, and certain livestock as hereinafter previEleEl provided for in this paraQraph, impounded animals not redeemed by their owner within three (3) working days following impoundment sflalI become the property of the Gity Citv and sflalI may be placed for adoption in a suitable home, or with any nonprofit association organized for the protection and welfare of animals, sold pursuant to under section Section 17-4 of the Code of Ordinances of the City of Corpus Christi, or humanelyeuthanized. ,provided however, prior Prior to the disposition of any livestock, exoept for excludinq goats and sheep, notice sflalI must be posted for a ten-day period at the county courthouse, Gity Citv hall, and the Gity Citv animal oontrol facility shelter upon the expiration of three (3) working days from the date of impoundment of said the livestock. Upon the expiration of the ten-day H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 30 of 45 waiting period notice period. the Gity City may dispose of saW the livestock in the same manner as other unclaimed animals. "a 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 does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of su6R the animal by the Animal Care and control sblllervisor Services manaqer. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. ".QLln the case of a dog impounded under authority of Chapter 822, Health and Safety Code, as it may be amended. afl€I or other State law, su6R the 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 saW the dog shows proof of having fully complied with all insurance and restraint requirements of Chapter 822, Health and Safety Code provided by State law. and this article, see section 6 10(k) and meets all requirements of this chapter that pertain to the keepinq of a danqerous doq. "fft ihl 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 charqes and rabies vaccination, and license reqistration. and adoption charges fees. and siqns an aqreement to have the animal sterilized within thirty (30) days of adoption. in compliance with Chapter 828. Health and Safety Code. if the animal is unsterilized at the time of adoption. ; 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, them a twenty five dollar ($25.00) refblnd will be paid to the veterinarian performing the sterilization, upon allplication by the veterinarian within thirty (30) days after the service is performed. This section will not preempt Chapter 828, Health and Safety Code, which may require sterilization of an adopted animal. If an animal is sterilized within thirty (30) days of adoption, then a twenty-five dollar ($25.00) refund will be paid to the veterinarian performinq the sterilization. upon application by the veterinarian within thirtv (30) days after the service is performed. "ffif ill Licenso Comoliance required for release. No impounded dog or cat shall may be released until the person to whom the dog or cat is to be released agrees and meets witR all regulations promulgated by the city health officer City Health Officer. "W ill Euthanasia. The animal control supervisor, or his/her designee, Animal Care Services manaqer or the Animal Care Services manaqer's desiqnee may direct the immediate euthanization of any animal determined to be seriously injured or diseased pursblant to under the rules, guidelines, or procedures established by the director of public health City Health Officer. Impounded animals not redeemed or adopted as provided for in this section shall must be humanely euthanized at the Gity City animal shelter under the direction of an animal control officer Animal Care Services Officer. The H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 31 of 45 carcasses shall must be disposed of as directed by the director of public health City Health Officer. "fit ill Records. The animal control sblpervisor Animal Care Services manaqer shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2) years. In the case of reqistered dogs and cats, the license reqistration tag number shall be noted and the name of the person to whom it was issued must be noted. In the case of each identifiable animal, it shall must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom su6R the animal was delivered, and the deposits or fees and charges received from su6R the persons. "(B ill Notice of violation. In addition to, or in lieu of, impounding an animal under this section, an animal control officer Animal Care Services Officer or any police officer may issue to the owner of su6R the animal a notice of 'Jiolation citation for a violation of this chapter. This notice shall pro'fide a space thereon for the party charged to waive trial on the merits and enter a plea of guilty or nolo contenElere. 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. ~Jotwithstanding any other provision of this subsection, persons charged with a violation may, after entering a plea of guilty or nolo contendere in the space pro'Jided, !'lay a fine in the amount of forty dollars ($40.00) plus court costs for such violation, to the clerk of the municipal court within ten (10) days of receipt of the violation. [Note: Penalty provisions stated in penalty section.] "Sees. 6-104 to 6-125. Reserved. "Sec. 6-22 6-126. Rabies vaccination. "(a) It shall be jQ unlavllful for any person to No person may own, keep, harbor or have custody or control of a dog or cat over three (3) four (4) months of age within the Gity City, unless su6R the dog or cat has been immunized against rabies by the injection of anti-rabies vaccine by a licensed veterinarian on an annual basis. "(b) Every owner of a dog or cat immunized against rabies as required herein in this chapter shall must procure a rabies vaccination certificate from the veterinarian administering the vaccine. "(c) A veterinarian who vaccinates a dog or cat as required herein by this chapter shall must furnish the owner thereof of the doq or cat with a metal tag bearing a number corresponding to the number placed on the vaccination certificate, and with lettering showing immunization and the year thereof. This tag shall must be attached to the collar or harness of the dog or cat for which it is was issued, and shall and must be worn at all times in a conspicuous place on the collar or harness. H:\LEG-OIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 32 of 45 "Sec. 6-23 6-127. Animals biting and!or exhibiting symptoms of rabies. Rabies impoundment and Quarantine. "(a) Impoundment. Every animal that has rabies or symptoms thereof of rabies, or e'Jery animal or that a person could reasonably suspect as having rabies,ef and that bites, scratches, or otherwise attacks any person or animal within the city Ghall City must be impounded at once and held for observation and quarantine at the Gity City animal shelter or other place designated by the city health officor City Health Officer for su6R the period of time as the Gity City Health Officer may deem necessary; provided, however, su6R the period of time shall may 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 may be allowed at any time on the streets or public ways of the Gity City. No animal that has been suspected of having rabies shall may be allowed at any time in public places, except as expressly provided herein in this chapter until saW the animal has been released from observation by the city health officer City Health Officer. "(c) Owner's responsibility. The owner of any animal that is reported to have rabies, or symptoms thereof of rabies, or to have been exposed to rabies, or to have bitten, scratched, scratched, bitten. or otherwise attacked any person or animal within the Gity City, or that the owner knows or suspects to be rabid ef and to have attacked, bitten or Gcratched scratched. bitten. or attacked any person or animal shall submit su6R the animal for quarantine to the animal control supervisor Animal Care Services manaqer, an Animal Care Officer. or any police officer. In the e'/ent the owner of such animal refuses to surrenser such animal on demand, such action shall constitute a misdemeanor and upon con'/iction be punishable by a fine of not less than eRe hundred fifty dollars ($150.00) plus court costs nor more than five hundred dollars ($500.00) plus court costs. Failure of an owner to submit the animal. as required by this subsection. is a violation of this chapter. "(d) Reporting of incidents. Any persons having knowledge of any animal exhibiting symptoms of or exposed to rabies, or that has bitten, scratched scratched. bitten. or otherwise attacked any person or animal, shall report the incident to the animal control section Animal Care Services division no later than ten (10) days from the date of the incident. The report sf!aII must 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 Animal Care Services manaqer shall inform the city health officer 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 Gity 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 City Health Officer and the animal control suporvisor Animal Care Services manaqer the following: H:\LEG~DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc Page 33 of 45 "(1) The location of su6R the animal. "(2) The name and address of the owner thereof. of the animal. "(3) The type and character of the disease. "(f) Veterinarians'records. Every veterinarian practicing within the city limits City shall keep detailed records of animal rabies '/accination vaccinations and, upon request of the animal control supervisor City Health Officer or Animal Care Services manaqer, must acknowledge to such officer the City Health Officer or Animal Care Services manaqer 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 City Health Officer shall investigate and record all cases of rabies and suspected rabies. "(h) Oisposition 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 may not be disposed of except as directed by the city health officer City Health Officer. [Note: Subsection (i) below was reYised prior to the beginning of the 2004--2005 fiscal year.] "(i) C'.'mer to pay GOsts. The owner of an animal quarantines under this Gection shall pay to the animal control sUllervisor the reasonable costs of the quarantine and disposition of the animal, including chargeG f-or shipmeRt of the animal's head or brain, if required, to the nearee:t Texas Department of Health laBoratory for testing. The owner shallllay to the animal control Gupervisor a fee of eight dollars ($8.00) for Ilreparation of each animal head for shippiRg to the state department laboratory for rabies testing. Where the owner of a nonquarantiRed aRimal iG required to or reEluests that the head or brain of the animal be shipped to an appropriate lab, then the ovmer shall be responsible for paying the costs of preparation and shipping. "(i) Payment of costs. [Note: Formatting and language revisions only.] "(1) The owner of an animal quarantined under this section shall pay to the animal contrel supervisor Animal Care Services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services laboratory for testing. The fee for preparation, processing, and shipment, by the animal control supervisor Animal Care Services division, of the animal's head or brain is seyenty-fiye dollars ($75.00). "(2) The owner of a non-quarantined animal or a veterinarian, if required by law or upon the owner's or a veterinarian's request, may seek the services of the animal control supervisor Animal Care Services division to prepare, process, and ship the head or brain of an animal to the nearest Texas Department of State Health Services laboratory for testing. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 34 of 45 "@llf the head or brain is prepared by a veterinarian for processing and shipment by the animal cORtrol s~pervisor Animal Care Services division, the person requesting the service shall pay a fee to the animal control supervisor Animal Care Services division of fifty dollars ($50.00). "fQllf the head or brain is prepared by the animal control supervisor Animal Care Services division for processing and shipment, the person requesting the service shall pay a fee to the animal control sUllervisor Animal Care Services division of seventy-five dollars ($75.00). "Sec. 6 24. Reserved. "Sec. 6 25. loan of small animal traps. "Small animal trailS '....i11 be loaned by the animal control division for a charge of ORe dollar ($1.00) per day. There will be a required deposit of ten dollars ($10.00) prior to the loan of these traps. The follo'/dng Ghall be exempt from said chaFges 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 aR exemption on a deposit, the exempted citizen shall be required to state in a written agreemeRt that he or she is entitled to the exemption. There will be a forty five dollar ($45.QO) replacement charge for all small animal traps lost, stolen, or otherwise damaged rendering them unusable by the animal control division regarsless of exemption status for rental fees or seposit. "SeGs.626 6 29. Reserved. "Sees. 6-128 to 6-150. Reserved. "ARTICLE IV. ARTICLE VI. CARE AND KEEPING OF ANIMALS "SeG.630. Animal Gare. Sec. 6-151. Humane animal care and keeping. "It shall be jQ unlawful to No person may violate the following proYisions for humane animal care and keepinq: "(a) No owner shall may fail to provide su6R the owner's animals, sufficient good with sufficient and wholesome food and food. water, and necessary shelter and protection from the weather, all within reach of such OWAer's aAiR'lals the animal. No owner shall fail to provide such owner's animal with ':eterinary care '",hen needed to pre'Jent suffering, and with humane care and treatment. [Note: Deleted language moved to new subsection (b) below.] "fQl No owner shall may fail to provide su6R the owner's animal with humane care and treatment and with veterinary care when needed to prevent or alleviate suffering,--aflG '....ith humane care and treatment. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02_doc Page 35 of 45 "fGf {ill. No person si=laIl may beat, cruelly treat, torment, overload, seriously overwork, or otherwise abuse an animal, or cause, instigate, or permit one animal to fight with another animal or human Being person. "fGj @ No owner of an animal shall person may abandon or neglect su6R an animal. "tGj fgl No person. other than a licensed veterinarian. shall may crop a dog's ears, er-dock a doq's tail, or remove a doq's dew claws except a liceRsed veterinarian "ill No person may sell an animal to. buy an animal from, or barter or exchanqe for an animal with. any commercial animal establishment that does not have a valid commercial permit nor may a person sell, buy. donate. or barter or exchanqe for. an animal upon commercial property without possessinq a valid commercial permit. "(Q) No person may sell. offer for sale. or donate any animal to another person. or barter or exchanqe with any other person for an animal. upon any public property within the City. Public property includes. but is not limited to. streets. alleys. sidewalks. parkinq lots. and riqhts-of-ways and easements. "{ei (h) No person may sell or deliver hive live chickens, ducklings, goslings, or rabbits les-6 thaR eight (8) '....oeks of age may not l;)e sold or deli'lered in quantities of less than five (5) to any other person within the period of ten (10) thirty (30) days prior to Easter Sunday and on Easter Sunday. Hatcheries and commerical animal establishments that buy and sell animals intended for aqricultural use or to be raised for commercial purposes are excluded from the prohibitions contained in this subsection. "fft ill No person si=laIl may give away or offer to give away any live animal. except for qoldfish. as a prize for or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer su6R any animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. "ffif ill No person si=laIl may sell, offer for sale, barter, or display any living chickens, rabbits, ducks, or any other fowl or animal which has been dyed, colored, or otherwise treated so as to impart to it an artificial color. "W 1!sl No person si=laIl may expose any poisonous substance, whether mixed with food or not, so that the same shall be is likely to be eaten by any animal, provided that it shall Flot be is not a yiolation of this chapter for a person to expose on his a person's own property common rat poison having a blood-thinning agent or other agent approved by the health department Department of Public Health, mixed only with vegetable substances and intended for consumption by rats or mice only. "fit ill No person may allow an enclosure Enclosures used to confine animals shall to be maintained in a clean and sanitary an unsanitarv condition at atl-times any time. "{B illll No person shall may tether, hitch, or stake out any animal, or permit su6R an animal to be tethered. hitched, or staked out so that it the animal can go upon or stretch any H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 36 of 45 rope, chain, Gf-strap, or other thing to 'shich it is restraint device by which the animal is tethered. hitched, or staked oot, out into any sidewalk or street. alley. or street. "W lnlNo person shall tie may tether. tie. or fasten any animal to any lamppost, lightpole, utility pole, awning post, tree, fence, hydrant, or shrubbery belonging to another person without the consent of the owner of the obiect to which the animal is tethered. tied. or fastened. "~ {Ql No person shall may sell, offer for sale, baJ:tef barter. donate. or display turtles with a carapace length of less than four (4) inches in length or viable turtle eggs. An educational or research institution is exempt from the display prohibition contained in this subsection if the turtles or turtle eqqs are displayed for educational or research purposes. "~ ill} No person shall may tether an animal in such a manner that allows the animal to become entangled. "Sec. 6-34 6-152. Performing animal exhibition animals. "(a) No performinq animal exhibit. performing animal exhibition, rodeo, or circus shall be is 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 must fit properly and be in good working condition. "Sec. 6-3c2 6-153. Keeping of certain animals prohibited. "No person shall may keep, own, maintain, use, or have in su6R the person's possession or on premises under su6R the person's control, within the Gity City. any of the following: "(a) Any dangerous animal, except in accordance with this chapter and the regulations promulgated by the city health authority or his designee; City Health Officer; "(b) Any guard dog, except in accordance with section 6 12 hereof; the provisions of this chapter; "(c) Any liyestock or fowl, other than banded hominQ piqeons as stated in subsection (e) of this section, except when raised as part of an animal husbandry program for youths or kept in accordance with seGtion 6 33 hereof; Section 6-154 of this chapter; "(d) Any prohibited animal, except those which, on the date of publication follo'Ning the third and final reading of Ordinance ~lo. 16135 from which this chapter derives, are present within the city and are owned by a person who makes application to the city health officer for a prohibites animal permit on or before ^pril 30, 1981, and who has been graRted a prohibited animalJ3ermit pursuant to regulations promulgated by the city health officer and on file with the city secretary; provided, however, that such permit shall not be H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 37 of 45 required for a bona fide zoological park; except when possessed under the provisions of Section 6-57 of this chapter. "fB Any applicant for a permit or renewal of permit whose animal is subject of hearing, will be required to notify by certified mail, all property owners within five hundred (500) feet of the applicant's property lines; of the intent to keep, or continue to keep the animal on his property to ensure that there is an opportunity to object to issuance of a permit. If more than fifty (50) per cent of the neighbors file individual objections to the keeping of this animal with the director of health, the director shall deny the permit. Such denial by the director may be appealed by the applicant to the city council aG provided in the regulations. "f2f Any applioant for such permit or rone'Nal mUGt also provide public liability insurance naming the city as additional insured in the amount of at least two hundred fifty thousand dollars ($250,000.00) for personal injury, and fifty thousand dollars ($50,000.00) for property damage. Such policy must contain the statement that the insurance company shall give the city at least ten (10) days' ad'Jance written notice prior to cancellation of such insurance coverage. further, each such applicant shall agree to indemnify the city, its officials and employees, against any damage or injury caused by the applicant's prohibited animal or any liability '....hatsoever incurred in relation to the granting or renewal of any prohibited animal permit by the city. [Note: Language in subsection (d), (d)(1), and (d)(2) above deleted as there do not exist any prohibited animal permits under this subsection.] "(e) Pigeons, other than banded homing pigeons, and homing pigeons except when banded, afl€I when raised for other than commercial purposes, and when confined to closed lofts, except for owner-supervised training or exercise flights, and kept in compliance with Section 6-154 and all other provisions of this chapter. "Sec. 6-33 6-154. Keeping of any livestock or fowl. "(a) The keeping on any premises in the Gity City, within any zoning district other than an 1-2 Light Industrial or 1-3 Heavy Industrial District, of any fowl or livestock not prohibited by section 6 32 Section 6-153, is prohibited unless: "(1) The pens, stalls, or other facilities for keepinq the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, for keeping the same shall be so are located so that the livestock or fowl 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. "(2) The pens, stalls, or other facilities for keepinq the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, for keeping the li'/estock or fowl shall be are located so that the livestock or fowl cannot come within five hundred H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc Page 38 of 45 (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of su6R the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any property line that abuts an existing residence. "(b) This provision shall The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. "(c) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial District must meet the set back requirements in section Section 20-5.04 or 21- 6.04 of the Zoning Ordinance zoninq ordinances. as applicable in the appropriate district and as each section may be amended. "Sec. 6-34 6-155. Keeping of more than six pets. "(a) The keeping on any premises in the Gity City. in any zoning district other than 1-2 Light 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 oj:len j:l3e:tures that are greater than one (1) acre, for keeping the same shall be so located that pets cannot come within one hundred (100) feet of any d'Nelling 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 f-ood processing establishment, regardless of o'....nership or occupancy of such establishments. [Note: Deleted language is repetitious; see below.] "(1) The pens, stalls or other enclosure facilities for keepinq the pets, other than fenced open pastures that are greater than one (1) acre, for keeping the same shall be so are located so 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. "(2) The pens, stalls or other facilities for keepinq the pets, other than fenced open pastures that are greater than one (1) acre, for keeping the pets shall be are located so that the pets cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of su6R the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the pets from coming within twenty-fiYe (25) feet of any property line that abuts an existing residence. "(b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial District must meet the set back requirements in section 20-5.04 or 21-6.04 of the Zoning Ordinance, zoninq ordinances. as applicable in the appropriate district and as each section may be amended. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised Q2.doc Page 39 of 45 "Sec. 6-35 6-156. Maximum combined number of animals permitted. "(a) The keeping upon any premises in the Gity City, in any zoning district other than 1-2 Light Industrial or 1-3 Heavy Industrial District, of a combined total of more than fourteen (14) animals is hereby forbidden prohibited 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 fi'/e hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishments. [Note: Deleted language is repetitious; see below.] "(1) The pens, stalls, or other enclosure facilities for keepinq the animals, other than fenced open pastures that are greater than one (1) acre, for keeping the same shall be-.se are located so that the same shall pens. stalls, or other enclosure facilities confine the same animals so as not to permit the same animals 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 (1) or more of the exceptions setforth in section Section 6-36). "(2) The pens, stalls, or other enclosure facilities for keepinq the animals, other than fenced open pastures that are greater than one (1) acre, for keeping the animals shall be so are located so that the pens, stalls, or other enclosure facilities sflalI confine the animals so as not to permit the animals to come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of su6R the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the f}ets animals from coming within twenty-five (25) feet of any property line that abuts an existing residence. "(b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial District must meet the set back requirements in section Section 20-5.04 or 21- 6.04 of the Zoning Ordinance zoninq ordinances. as applicable in the appropriate district and as each section may be amended. "Sec. 6-36 6-157. Exceptions to distance and number requirement regulations. "(a) Laboratories-8m( veterinarians, and others listed. Where livestock or fowl are kept in medical laboratories or educational institutions for medical research--Gf, in veterinarian yeterinarv hospitals for treatment, or on the premises of any recognized humane society for humane care, su6R the livestock or fowl sflalI must be kept under conditions prescribed by the city health officer City Health Officer for su6R the limited purposes stated in this subsection without the necessity of compliance with the distance and number requirements prescribed in this chapter. "(b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need not comply with the distance and number requirements prescribed in this chapter. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 40 of 45 "(c) Lawfully existing premises and premises in newly annexed areLl. Exempted premises in newly annexed area. Where any animal is being kept at lavlfully existing premises within tho city or at a location outside the Gity City limits afl€I and. by annexation, the area becomes a part of and within the boundaries of the incorporated area of the Gity Q!!y, the distance and number requirements sRaIl do 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 five-year periods by applying for and obtaining a certificate from the city health officer City Health Officer certifying to the existence of sanitary conditions of the premises and neighboring premises. "(d) Homina piaeons. Homing pigeons may be kept in a number not exceeding sixty (60) if so lonq as there is no opposition from contiguous neighbors, pro':ided they are kept in accordance with the rules and regulations promulgated by the director of public health City Health Officer. and they are kept in accordance with Section 153(e) and all other provisions of this chapter. "(e) Events. Where any animal is kept as part of a circus, auction, an auction. circus. performinq animal exhibit. performinq animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with Article III of this chapter, or dog or cat is kept as part of an animal special event, event authorized by animal control the Animal Care Services division, a person the holder of the permit or the person so authorized need not comply with is exempt from the distance and maximum animal number requirements prescribed in this chapter. "Sec. 6-J.1- 6-158. Animal waste. "(a) The owner of ev€Pf each animal shall be responsible for the removal of is required to remove any feces deposited by su6R the owner's animal on public or private property. "(b) Feces deposited by an animal on public property or upon the private property of any person other than su6R the animal's owner shall must be collected and removed at once by su6R the animal's owner. Animal feces deposited upon any other property sRaIl must be collected and removed daily. "(c) Collection and removal of animal feces shall must be in a container of SUGh-a type that, when closed, is mtproof rat-proof and flytight airtiqht. StiGh The container sRaIl must be kept closed after each collectionc and. At at least once a week, each such animal owner shall caUGe all collected feces so collected to must be disposed of in such a way as ~ manner that does not to permit fly breeding or other unhealthv conditions. "Sec. i-38 6-159. Storage of feed food: control of rats. "@l All feed food provided for animals and kept outdoors sRaIl must be stored and kept in a mtJ3roof, flytight rat-proof and airtiqht building, box, container, or receptacle. Horse stables must carry out a continuous, acti'/e rat control program. [Note: Deleted language in subsection (b) below.] H:\LEG.OIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 41 of 45 "(b) Stables must carry out an active. on-qoinq rat control proqram. "SeG.6 39. Reserved. Sees. 6-160 to 6-200. Reserved. [Note: Previous Articles V and VI below are included to revise sections and section references only. No substantive revisions have been included.] "Jl.RTIClE V ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES "Sec. 6-40 6-201. Designated. "(a) Subject to the further order, regulations and control by the city council, there is hereby designated as a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the county and more particularly described in two (2) deeds: One deed dated December 30, 1954, of record in Volume 669, pages 189--191 of the Deed Records of Nueces County, and one deed dated January 7, 1955, of record in Volume 672, pages 346--350 of the Deed Records of Nueces County, Texas. This designation shall not prohibit nor prevent the continued use of such land as a part of the facilities of the water division of the department of public utilities, and any operations by city employees in draining or otherwise using such tract of land by such water division shall be exempt from the provisions of section 6 41 Section 6-202. "(b) Subject to the further order, regulation and control by the city council and the Lower Nueces River Water Supply District, there is hereby designated as a wildlife and bird sanctuary all area situated in Jim Wells and San Patricio counties lying east of the Wesley Seale Dam and more particularly described as follows: All of that area bounded on the south by the city operations road on the Wade property; bounded on the west by the Wesley Seale Dam; bounded on the north by a line parallel to State Park Road 25 and immediately south of the trunk lines gauging station and extending from the south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and thence along Park Road 25 to its intersection with the Southern Pacific Railroad right-of-way; and bounded on the east by the Southern Pacific Railroad west right-of-way line to said city operations road. This designation shall not prohibit nor prevent the continued use of said land as a part of the facilities of the water division of the department of public utilities and the operations of the city and the water district in connection with the using of said tract, and the said water reservoir shall be exempt from the provisions of section 6 41 Section 6-202. This designation is subject to the heretofore existing rights of the Campfire Girls' lease on a portion of the water reservoir site. "Sec. 6-44 6-202. Regulations. "The following regulations shall be applicable to the areas designated in section 6 40 Section 6-201 and in all other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city limits or owned by the city, whether within the city limits or outside the city limits: H:\LEG~DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 42 of 45 "(1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by the city council at any time. "(2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird sanctuary within the city. "(3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or bird sanctuary within the city. "(4) No clearing of grass, brush or trees will be permitted without permission from the city and the water district acting through the reservoir superintendent. "SeGs. Ii <12 Ii 50. Reserved. Sees. 6-203 to 6-225. Reserved. "ARTICLE '11 ARTICLE VIII. BEEKEEPING "Sec. 6-M 6-226. Findings. * * * * * "Sec. 6-S2 6-227. Definition. * * * * * "Sec. i-63 6-228. Certain conduct declared unlawful. * * * * * "Sec. 6-64 6-229. Hives. * * * * * "Sec. i-65 6-230. Fencing of flyways. * * * * * "Sec. 6-56 6-231. Water. * * * * * "Sec. 6-i+ 6-232. General maintenance. * * * * * H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 43 of 45 "Sec. 6-58 6-233. Queens. * * * * * "Sec. i-59 6-234. Colony densities. * * * * * "Sec. 6-60 6-235. Marking hives, presumption of beekeeping. * * * * * "Sec. &-it 6-236. Inspection. * * * * * "Sec. i-i2 6-237. Compliance. * * * * * "Sec. i-63 6-238. Conflicts with zoning ordinance. * * * * * "Sees. 6-239 to 250. Reserved." SECTION 2. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. H:\LEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 44 of 45 Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the I (p1>-- day of -r~"",-j)-,-,,/\ , 2004, by the following vote: Samuel L. Neal, Jr. ~ Bill Kelly ~ Brent Chesney (~ Rex A. Kinnison ~ Javier D. Colmenero ~ Jesse Noyola ~ Melody Cooper ~ Mark Scott ~L Hen ry Garrett try The foregoing ordinance was read for the second time and passed finally on this the /'j!J~ day of V;-=~'-<..--'-, 2004, by the following vote: Samuel L. Neal, Jr. 0j<-- Bill Kelly {~ Brent Chesney (Ji'<J.Ll....:i Rex A. Kinnison {L~..J- Javier D. Colmenero a"")L Jesse Noyola ~( ., Melody Cooper 0<.-<)( Mark Scott ~~ Henry Garrett (7 PASSED AND APPROVED this I Lf- day of i1 (Ij..,...)......{..----- ,2004. ATTEST: A~,"~ City Secretary CITY OF CORPUS CHRISTI &.~~. 'Samuel L. Nea , Jr. Mayor .'/ Elizab R. Hundley Assis nt City Attorney for the City Attorney /I //1 / I I ,2004 APPROVED: H:\LEG-DIR\ertzabeth\Dept Files\EH Ordinances\EHord155 Revised 02.doc Page 45 of 45 t) :2 f; n 4 6 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 5080972 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit 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 20TH day(s) of DECEMBER, 2004. $83.75 bL'a.rt.fl- ?tj Uu~.s~ c::"l E- o .-q ,~) r"-' ,--:> SENIOR COLLECTOR TWO (2 ) Time(s) :;::t'" -; Subscribed and sworn to me on the date of.:lt DECEMBER 21,2004. ,p. :'" ~ ' I ( '. ()..) ct /012/2<<1 ~--r.ouJ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. NOTICE OF PASSAGE OF OIlOtNANCE NO. 02fl048 Amending the Code of 0_. Chapter 6. Animal Control by renaming the chapter; redesignating exfltlng Articles III, IV, V, and VI as Artides, V I VI, VII. and VIII. respectlvety; creating new Articles III and IV; , renaming Ardc1e8 I and I II. radaoignItIng certain ! sections; revising the r language of the 1 chapter; providing for penalties. This ordinance was passed and approved on its saoond raading by tha City Council of the City of Corpus Christi on December 14. 2004. ItI Armor1IIO ~ CIty -.y City of Corpus Chrilti