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Home My WebLink About027995 ORD - 12/16/2008AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CARE AND CONTROL, SECTION 6-13, TO ESTABLISH A NEW PROVISION REGARDING DENIAL OF REGISTRATION; AMENDING SECTION 6-14, TO ESTABLISH A NEW PROVISION REGARDING A REAPPLICATION PERIOD; AMENDING SECTION 6-76, TO REVISE PROVISIONS RELATED TO ADMINISTRATIVE HEARINGS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, Section 6-13, of the Code of Ordinances is amended by estab- lishing a new provision regarding denial of registration and revising the section to read as follows: "Sec. 6-13. Effect of prior convictions; subsequent bite incident. "(a) . "(� No person may be issued a registration if the person has been convicted within the preceding twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions. 111 Any person denied issuance of a registration under this sub- section (b) may challenge the denial by filing a written protest for review by the City Manager, or the City Manager's designee. Any protest must be submitted to the City Manager's Office within ten (10) days of denial of issuance. gi Upon review by the City Manager, or designee, of a written pro- test, the City Manager's decision is final. For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction." SECTION 2. Chapter 6, Section 6-14, of the Code of Ordinances is amended by estab- lishing a new provision regarding a reapplication period, following a denial of registration, and revising the section to read as follows: 027995 InInFXFD "Sec. 6-14. Reapplication upon denial of registration or permit. "(a) .. . "(b) Any person having been denied a registration under Section 6-13(b) of this chapter may not reapply for a period of twenty-four (24) months after such denial. "(b)Each reapplication must be accompanied by a nonrefundable ten -dollar fee. SECTION 3. Chapter 6, Section 6-76, of the Code of Ordinances is amended by revising provisions related to administrative hearings and revising the section to read as follows: "Sec. 6-76. Registration and permit revocation—Administrative proceedings. "(a) When held. "(1) The City Health Officer or the City Health Officer's designee may hold an administrative hearing to determine whether any registration or permit issued under Article II or Article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the city, if: "(A) 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 properly 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; "(C) An animal has been involved in an unprovoked biting offense and the incident involved bodily iniury to a person; "(D) An animal has been determined by an Animal Care Officer to be a public nuisance; or "(E) An animal has been the subject of two (2) criminal charges brought against the animal's owner under this chapter that resulted in EHord249 revised.doc Page 2 of 5 conviction of the animal's owner, of two (2) impoundments, or a combination of one such conviction and one impoundment, resulting from separate incidents, within the twenty-four (24) month period immediately preceding the date of the last conviction or impoundment. Impoundments which occurred as a result of provoked scratching, biting, or attacking incidents may not be considered for purposes of this subsection. "(b) Written notice required. "(1) An administrative hearing may not be held without giving the registration or permit holder, owner of a commercial animal establishment operating without a permit, or owner of an unregistered animal prior written notice of the date, time, and place of the hearing. (3)... "(c) Disposition. At the conclusion of the administrative hearing, the City Health Officer or the City Health Officer's designee shall determine if the person holding the registration or permit, the owner of a commercial animal establishment operating without a permit, or the owner of an unregistered animal has violated any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of the animal that is the subject of the administrative hearing. If any violation has been found to have EHord249 revised.doc Page 3 of 5 occurred, the City Health Officer or the City Health Officer's designee, in their discretion, may order that any of the following actions be taken within the time specified by the City Health Officer or the City Health Officer's designee: (4) SECTION 2. The provisions of this ordinance take effect on January 1, 2009. 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. SECTION 5. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1-6 and 1-6.1 of the Code of Ordinances of the City of Corpus Christi. EHord249 revised.doc Page 4 of 5 That the foregoing orgpance was read for the first time and passed to its second reading on this the day of h L ludae�. , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal /4-b6014):— John ` &Stt,John E. Marez Nelda Martinez ,( Michael McCutchon That the forgoing ordin ce wa�s jjead for the second time and was finally passed on this the IG day of PCI�k bt( 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED this the ft day of Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 11 ATTEST: Armando Chapa City Secretary APPROVED as to form: December 2, 2008 liza h R. Hundley Ass'. nt City Attorney for the City Attorney EHord249 revised.doc , 2008. Henry Garre Mayor 027995 EFFECTIVE DATE Page 5 of 5 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5886678 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER namely, 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 ORDI NANCE NO. 0279 tvTiich the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/22/2008,12/22/2008. $ 122.94 1Time(s) C 4)0z) LEG S REPRESENTIVE On this& day of ��, 2 U V U I certify that the attached document is a true and an exact copy made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES Auguste, 2012 Not ry Public, State of Texas 6F • Monday • December 22, 2008 CALLER -TIMES NOTICE OF ASSAGE OF ORDI- NANCE NO. 027995 Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Section 6-13, to establish a new pro- vision regarding denial of registration; amend- ing Section 6-14 to establish a new provi- sion regarding a reapplication period; amending Section 6-76, revising provi- sions related to administrative hear- ings; providing for an effective date; provid- ing for penalties. This ordinance shall take effect on January 1, 2009. This ordinance was ;passed and ap- proved on'its second reading 'by the City Council of the City of Corpus Christi on De- cember -16, 2008. is/Armando Chapa City Secretary City of Corpus Christi