HomeMy WebLinkAbout030405 ORD - 01/20/2015 Ordinance
Amending Chapter 2 and Chapter 6 of the Corpus Christi Code to reassign
Animal Care Services roles and responsibilities; to designate the Animal
Care Services Manager as the Local Rabies Control Authority; to establish
a fee schedule; authorizing waiver of fees; providing Animal Control
Service Manager authority to prohibit dangerous dogs within the City;
eliminating $25 refund for sterilization of adopted animals; prohibiting
traps with holding mechanisms; to modify the name of Animal Control
Advisory Committee; to modify the ex officio members; to designate the
Animal Care Advisory Committee as the Animal Shelter Committee;
Providing for severance; Providing for publication; Providing for penalty;
and Providing an effective date.
Whereas, pursuant to Health and Safety Code §826.017, City Council
shall designate an officer to act as the local rabies control authority for purposes
of Chapter 826 Health and Safety Code.
Whereas, pursuant to Health and Safety Code §823.005, City Council
shall appoint an advisory committee to assist in complying with the requirements
of the Chapter 823 Health and Safety Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Chapter 6, Section 1 Definitions, is amended as follows:
* * * * *
Animal Care Officer means the Animal Care Services division manager,
employees of the Animal Care Services division, or authorized agents of Animal
Care Services.
Animal Care Services means a division of the
Corpus Christi Police Department responsible for enforcing state and local laws,
ordinances, rules, and regulations regarding the care and keeping of animals,
including the provisions of this chapter.
At large or running at large means any animal within the city not kept
under restraint.
* * * * * *
Circus means a commercial variety show featuring animal acts for public
entertainment.
for the city or the director's designee.
City animal shelter means a place operated by or for the city, whether in
city facilities or by contract, for the detention of dogs, cats, and other animals as
prescribed by law.
* * * * * *
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INDEXED
SECTION 2. Chapter 6, Section 3 Animal care services division and manager, is
amended as follows:
(a)The Animal Care Services division is a unit of the
Corpus Christi Police Department and is in the charge of a person having
suitable qualifications and designated by the city as the Animal Care Services
manager.
(b)In addition to the duties specifically prescribed in this chapter, it is the
responsibility of the Animal Care Services manager to execute other duties under
the jurisdiction of the Police Department as the City
Chief of Police may delegate.
* * * * * *
SECTION 3. Chapter 6, Section 6 Regulations is amended as follows:
Regulations providing for the interpretation and enforcement of this
chapter may be adopted by the City Health Officer Corpus Christi Police
Department and Animal Care Services. The regulations are effective after review
at a public meeting held by the Animal Control Advisory Committee. A copy of
the regulations will be kept on file in the city secretary's office.
SECTION 4. Chapter 6, Section 8 Compliance with sanitation standards required for
keeping animals, is amended as follows:
The owner of any animal within the city and the holder of any commercial
permit issued under this chapter must comply with the standards of sanitation
established by the Chief of Police under this chapter.
SECTION 5. Chapter 6, Section 10 Inspection of animals and premises, is amended as
follows:
Animals and premises where animals are kept or maintained are subject
to inspection by the _' - _ • e ••_ , - - -. - _ - e ••_ ' _ .e^ -- Animal
Care Services manager, an Animal Care Officer, or any police officer at any
reasonable hour, or at any hour in cases of emergency.
SECTION 6. Chapter 6, Section 11 Abatement of conditions not complying with chapter,
is amended as follows:
Whenever any premises where animals are kept are in an unsanitary condition,
the facilities are not in keeping with the provisions of this chapter or any
regulations established by the City Health Officer Chief of Police, or if any health
ordinance or law pertaining to the care or keeping of an animal is not observed,
the - -- - ! ••- - - - - -- - e ••-- ' - - -- Animal Care Services
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Manager or designee, 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 the premises, may order the abatement of the conditions which
are not in accordance with this chapter other regulations or laws, or which
constitute a nuisance. Failure to comply with the written notice constitutes
grounds for the city to obtain relief by injunction. Additionally, failure to comply
with the written notice may subject the violator to administrative proceedings and
criminal charges.
SECTION 7. Chapter 6, Section 15 is created to read as follows:
Sec. 6-15. Fee Schedule
The Animal Care Services Manager shall prepare the initial schedule of all fees
to be charged to the public for the provision of services, permits, and
registrations under this Chapter. This initial schedule must be reviewed by the
city manager and is effective upon the city manager's approval. Each successive
schedule is subject to the same review and approval requirement on an annual
basis. Such fees may not increase annually by more than twenty-five (25)
percent nor may new fees be created without city council's approval by motion or
resolution. Each approved schedule must be filed with the city secretary and
copies provided to the city council.
SECTION 8. Section 6-16 of the Corpus Christi Code of Ordinances is created to read
as follows:
Sec 6-16 Waiver or Reduction of Fees
The Animal Care Services Manager is authorized to reduce or waive fees for
adoption events or where necessary to advance the goals of Animal Care
Services.
SECTION 9. Section 6-17 of the Corpus Christi Code of Ordinances is created to read
as follows:
Sec. 6-17 - Local rabies control authority.
(a) The Animal Care Services Manager is designated as the local rabies
control authority to enforce the provisions of the Rabies Control Act of 1981
(V.T.C.A., Health and Safety Code § 826.001 et seq.).
(b) The duties of the local rabies control authority shall include but are not
limited to the enforcement of:
(1) The provisions of the Rabies Control Act of 1981, and the rules of
the state board of health which comprises the minimum standards for
rabies control;
(2) The ordinances and/or rules of the City of Corpus Christi; and/or
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(3) The rules adopted by the state board of health under the area
quarantine provisions of V.T.C.A., Health and Safety Code §
826.045 of said Act.
SECTION 10. Chapter 6, Section 27 Fees, is amended as follows:
(a)The annual registration fee for a dog or cat that has been currently vaccinated
with a manufactured one-year or three-year interval rabies vaccination is
established in the fee schedule pursuant to section 6-15 of this chapter. as
follows
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(b)The fee for a three-year registration for a dog or cat that has been currently
vaccinated with a manufactured three-year interval rabies vaccination is
established in the fee schedule pursuant to section 6-15 of this chapter. as
follows:
(1)Each spayed or neutere
(2)Each dog or cat not spayed or neutered 35.00
(c)No fee may be charged for a registration issued for any dog actually used by a
person with disabilities who utilizes the dog as a service animal to aid the person
in going from place to place within the city.
(d)No fee may be charged for a registration issued for any dog that is owned and
used by any law enforcement agency for drug awareness, drug or bomb
detection, or any other law enforcement purpose.
(e)Participating veterinarians will be rebated retain one dollar($1.00)for each
registration they issue if duplicate copies of the registration and vaccination
certificates are submitted to the Animal Care Services division within ten (10)
days of issuance of the registration.
SECTION 11. Chapter 6, Section 29 Issuance and wearing of tag, is amended as
follows:
(a)Issuance. Upon acceptance of the dog or cat registration application and
payment of the applicable fee, the city's collections section, the Animal Care
Services manager, Animal Care Services manager's designee, or the
participating veterinarian will issue a durable registration tag, stamped with a
serial number and the year of issuance.
(b)Wearing of tag. Dogs and cats must wear registration tags fastened to a collar
or harness at all times.
(1)It is presumed, in a prosecution of a violation of this subsection, that a
dog or cat that is determined by an Animal Care Officer or a police officer
to be without a registration tag fastened to its collar or harness while in a
public place within the city has not been vaccinated in compliance with this
chapter.
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(2)It is presumed, in a prosecution of a violation of this subsection, that a
dog or cat that is determined by an Animal Care Officer or a police officer
to be without a registration tag fastened to its collar or harness while in a
public place within the city has not been registered in compliance with this
chapter.
(c)Replacement of tag. A duplicate registration tag may be obtained from the
Animal Care Services division upon payment of a fire-dem replacement
fee established in the fee schedule pursuant to section 6-15 of this chapter and
proof of presentation of the original registration receipt. For animals administered
a rabies vaccination through the Animal Care Services division for which the
vaccine remains effective, a duplicate rabies vaccination tag may be obtained
from the division upon payment of a replacement fee
established in the fee schedule pursuant to section 6-15 of this chapter.
(d)Nontransferable. No person may use any registration tag for any animal other
than the animal for which it was issued.
SECTION 12. Chapter 6, Section 32 Dangerous dog registration, is amended as
follows:
(a)A dog found to be a "dangerous dog" as defined in Chapter 822, Health and
Safety Code, as it may be amended, must wear a dangerous dog registration tag
issued annually,by the Animal Care Services division upon a payment of a fifty
_ _ - :.-!.e ! -_• - _ _- the maximum fee allowed for a dangerous dog
registration under Chapter 822, Health and Safety Code, as it may be amended.
The dangerous dog registration fee is listed in the fee schedule pursuant to
section 6-15 of this chapter.
(b)A dangerous dog registration tag must be worn at all times by the dangerous
dog attached to a lime green colored, one-inch-wide collar.
(c)The owner of a dangerous dog shall present proof of the secure enclosure in
which the dog 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 may result from an attack by the dangerous
dog causing bodily injury to a person, and proof of compliance with other
conditions as may be required by theOfficer Animal Care Services
Manager and as may be required under Chapter 822, Health and Safety Code,
as it may be amended.
(d) The Animal Care Services manager may require a dangerous dog to be
removed from the city limits.
SECTION 13. Chapter 6, Section 51 General provisions, is amended as follows:
* * * * * *
(f) A commercial permit must be displayed in a prominent place on the
premises.
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(g) In addition to all other conditions of this article, owners and possessors of
dogs defined as "guard dogs" under this chapter must meet all applicable
provisions of this chapter and regulations promulgated by the City
Manager Animal Care Services Manager.
(h) No commercial animal establishment may sell any dog or cat four (4)
months of age or older to any person unless the animal has a valid rabies
vaccination.
SECTION 14. Chapter 6, Section 52 Application, is amended as follows:
* * * * * *
(b) Upon initial application for a permit, the Animal Care Services Manager or
designee 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 city governing the conduct
of the business of the commercial animal establishment after consulting
with the Building Official and Zoning 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 city's construction and zoning ordinances.
SECTION 15. Chapter 6, Section 54 Fees, is amended as follows:
(a)Annual Fees for commercial permits are established in the fee schedule
pursuant to section 6-15 of this chapter. as-follows
Auctions $100.00
Circuses 200.00
Department Stores 50.00
Grooming Shops 25.00
Guard-Degs:
Single dog/single site 50.00
Multiple dogs/single site 75.00
Multiple sites with one(1)dog 125.00
Kennels:
Authorized less than ten (10)animals 50.00
- - -- - ' - - ' - - • - ' - - - -•..
IA
Performing Animal Exhibit 25.00
.. . . 11 11
Pet Stores 50.00
- -. I . .!
Stables:
Authorized between ten (10)and twenty five(25) horses 75.00
Authorized twenty six (26) or more horses 125.00
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(b)Any commercial animal establishment providing services classified in two (2)
or more categories listed in subsection (a) of this section is required to obtain
only one (1) permit, and the fee charged for the permit is the highest of the fees
for any of the applicable categories.
SECTION 16. Chapter 6, Section 57 Permission to possess prohibited animals, is
amended as follows:
* * * * * *
(b) Possession of a prohibited animal under this section is exempt from the
terms of section 6-153 and is subject to regulations and rules prescribed
by the icer Animal Services Manager, including, but not
limited to, indemnification of the city, proof of insurance, and any other
conditions deemed necessary to preserve the health, safety, and welfare
of the public.
SECTION 17. Chapter 6, Section 58 Waiver of requirements, is amended as follows:
A waiver of a portion or all of the permit requirements of this article may be
granted by the -' - -_ - e • _ _ • - _' - •- - e ••_• '_ _ =-•e -- Animal
Care Services Manager in cases involving a scientific or educational program, a
show or exhibition by a nonprofit organization, or for animals owned by the City
upon a finding that a waiver would not endanger the public's health, safety, or
welfare, an animal's health, or create a nuisance.
SECTION 18. Chapter 6, Section 76 Registration and permit revocation—Administrative
proceedings, is amended as follows:
(a)When held.
(1)The City Health Officer or the City Health Officer's designee The Animal
Care Services Manager or 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
Animal Care Services Manager 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
Animal Care Services Manager, 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 injury 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
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-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.
(2) Written notice is deemed made when a certified letter, return receipt
requested, addressed to the address indicated on the holder's last
registration or permit 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 is also deemed made when the notice letter is
delivered by an employee or representative of the City Health
Officer Animal Care Services Manager to the address.
(3) All persons on the register kept by a stable for which an
administrative hearing will be held will be notified by certified mail
deposited in the U.S. mail or by personal delivery made by an
employee or representative of Animal Care
Services Manager that a hearing is to take place.
(c) Disposition. At the conclusion of the administrative hearing, the City Health
• __ _ • - _ - _ • e••-: '_ _ _ -- The Animal Care Services
Manager or 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 Gita-Health
Officer Animal Care Services Manager, 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 occurred, the
Animal Care Services Manager or
designee, in their discretion, may order that any of the following actions be
taken within the time specified by the -' - -- - e •'-- - - - -' - - -
Officer's designee: Animal Care Services Manager or designee:
* * * * * *
SECTION 19. Chapter 6, Section 103 Impoundment, is amended as follows:
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(a) Grounds for impoundment. Animals may be impounded by the 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
registration tag.
(3)Any dog or cat for which a valid city registration has not been issued.
(4)Any animal 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 Care Services manager for the proper treatment
of the animal.
(6)Any animal that has rabies or exhibits symptoms of rabies, or that a
person could reasonably suspect as having rabies.
(7)Any animal, when unprovoked, that bites, scratches, or otherwise
attacks another animal or person within the city.
(8)Any animal not kept by the owner or permit holder in conformity with
this chapter, regulations promulgated by the City Health Officer Chief of
Police or Animal Care Services Manager, disposition made in accordance
with Article IV of this chapter, or state law.
(9)Any animal upon the written request of the animal's owner and to which
the Animal Care Services manager or the Animal Care Services
manager's designee agrees that the animal be humanely euthanized for
the protection of the public's health, safety, and welfare.
(10)Any dog that is the subject of a cause of action filed pursuant to
Chapter 822, Health and Safety Code, as it may be amended, must be
impounded until further order of a court of proper jurisdiction.
(11)Any free-roaming cat that has not been spayed 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 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 is considered day one.
(c) Notification of owner. If, by a registration tag or other means, the owner of
an impounded animal can be identified, the Animal Care Services division
shall, as soon as practicable after impoundment, notify the owner in
person or by telephone, if reasonably possible, and, if not, then by mail,
advising that, if the impounded animal is not redeemed within five (5)
working days, disposition will be made in accordance with this chapter.
(d) Redemption. Impounded animals, excluding those impounded as a public
nuisance, a prohibited animal, or an animal held for observation of rabies
under section 6-127 or other administrative procedures, are subject to
immediate redemption. Impounded animals may be redeemed by anyone
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entitled to possession of the animals while the animals are in the city
animal shelter after paying the appropriate fees as follows:
(1) : Impoundment fees are established in the fee
schedule pursuant to section 6-15 of this chapter.
(A) First impoundment:
•
Unregistered, not sterilized $ 75.00
Unregistered, sterilized 50.00
Registered, not sterilized 50.00
Registered and sterilized 25.00
.. ee- • :-
-..
Livestock, weighing 100 pounds or more 50.00
•
Not sterilized 75.00
Sterilized 50.00
Livestock, weighing less than 100 pounds 50.00
• z - I. - .. ..
(G) (A) If an animal is sterilized within thirty(30) days of release
following the animal's first impoundment, the veterinarian
performing the sterilization will be reimbursed twenty-five dollars
($25.00) of the impoundment fee upon submission of a copy of the
sterilization invoice.
(-•B; (B)A waiver or partial waiver of an impoundment fee may be
granted by the City Health Officer Animal Care Services Manager in
cases involving exigent circumstances as determined-and
_ - - '_• _. - ' " -- _ _ _ - -_ - e • _= . bythe Animal Care
Services Manager.
(2) Boarding charge. A boarding charge determined, published, and
_ _ _ . _ _ • _ _ — _ - e ••-: , established in the fee
schedule pursuant to section 6-15 of this chapter is not to exceed
the reasonable cost of boarding, feeding, and caring for the animal
for the period of impoundment.
City Secretary's Office. Boarding charges apply to redemption of
impounded animals and are not applicable to adoption of animals.
(3) Rabies vaccination charge. All charges for rabies vaccination if
required.
(4) City registration charge. City registration charge, if applicable.
(5) Microchip charge. All charges associated with placement of a
microchip, unless the animal currently has an active microchip.
(e)Redemption—special circumstances. In case any animal that is impounded is
sought to be redeemed and is suffering from any disease or ailment, it may not
be released until the Animal Care Services Manager is satisfied that
arrangements looking to its proper treatment are assured. Animals put under
observation as described in section 6-23 are subject to redemption no less than
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ten (10) days from impoundment if the animal is determined to be free from
rabies by the Animal Care Services Manager or designee.
(g)Disposition of animals.
(1)Immediately upon impoundment, the city is the designated caretaker of
impounded animals. Except as provided in subsections (c) and (j) of this
section, and certain livestock as provided for in this paragraph, impounded
animals not redeemed by their owner within three (3)working days
following impoundment become the property of the city and may be placed
for adoption in a suitable home or with any nonprofit association organized
for the protection and welfare of animals, sold under section 4-7-417-6 of
the Code of Ordinances, or humanely euthanized. Prior to the disposition
of any livestock excluding goats and sheep, notice must be posted for a
ten-day period at the county courthouse, city hall, and the city animal
shelter upon the expiration of three (3) working days from the date of
impoundment of the livestock. Upon the expiration of the ten-day notice
period, the city may dispose of the livestock in the same manner as other
unclaimed animals.
(2)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 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 the animal by the animal care services manager. Any
animal received by the consent of its owner may be disposed of
immediately upon its impoundment in the same manner as unclaimed
animals.
(3)In the case of a dog impounded under authority of V.T.C.A., Health and
Safety Code chapter 822, as it may be amended, or other state law, 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
claimant of the dog shows proof of having fully complied with all insurance
and restraint requirements provided by state law, and meets all
requirements of this chapter that pertain to the keeping of a dangerous
dog.
(4)Due to their immature immune system, any impounded animal under
four(4) months of age shall immediately become the property of the city,
for humane disposition, and may be offered for adoption, rescue, foster
care or humanely euthanized at the discretion of the animal care service
manager, veterinarian, or their designee.
(h)Adoption of unclaimed animal. A person other than the prev,ouc owner
may adopt an unclaimed animal after the expiration of the redemption
period and after paying any applicable
rabies vaccination fees, registration fees,
spay/neuter fees, and adoption fees established in the fee schedule
pursuant to section 6-15 of this chapter. and cignc A person adopting an
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unclaimed animal must sign an agreement to have the animal sterilized
within thirty(30) days of adoption, in compliance with V.T.C.A., Health and
Safety Code ch. 828, if the animal is unsterilized at the time of adoption.
All adoptions and approval of applications for adoption are at the
discretion of the Animal Care Services Manager. if--an-animal-is-sterilized
performed.
(i)Compliance required for release. No impounded dog or cat may be
released until the person to whom the dog or cat is to be released agrees
and meets all regulations promulgated by the Animal
Care Services Manager.
(j)Euthanasia. The Animal Care Services Manager, a licensed
veterinarian, or the Animal Care Services manager's designee may direct
the immediate euthanization of any animal determined to be seriously
injured or diseased under the rules, guidelines, or procedures established
by the City Health Officer Animal Care Services Manager. Impounded
animals not redeemed or adopted as provided for in this section must be
humanely euthanized at the city animal shelter under the direction of an
Animal Care Services Officer. The carcasses must be disposed of as
directed by the er Animal Care Services Manager.
(k)Records. The Animal Care Services manager shall cause to be
maintained a record describing each identifiable animal impounded within
the preceding two (2) years. In the case of registered dogs and cats, the
registration tag number and the name of the person to whom it was issued
must be noted. In the case of each identifiable animal, it must be noted
how the impounded animal was disposed of, giving the names and
addresses of persons to whom the animal was delivered, and the fees and
charges received from the persons.
(I)Notice of violation. In addition to, or in lieu of, impounding an animal
under this section, an Animal Care Services Officer or any police officer
may issue to the owner of the animal a citation for a violation of this
chapter.
SECTION 20. Chapter 6, Section 104 Small animal traps, is amended as follows:
Small animal traps will be rented by the Animal Care Services division to a citizen
for a charge established in the fee schedule pursuant to section 6-15 of this
chapter . This rental fee provides for the use of a trap for
seven (7) calendar days. - • - - -' -- - - - - - - - -- - ' - • - - -
:.-. .. e •- - - - - - - -• - - •- - - - . -
-. ` =-- = - - -- - - - - - -- ; - - - --, - - = • - - -
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There is a fifty-del-lar--($50,00-)($50 00) replacement charge established in the fee
schedule pursuant to section 6-15 of this chapter for all small animal traps that
are lost, stolen, or otherwise damaged rendering the trap unusable by the Animal
Care Services division .. _ =-- . _ -• _ _ - - _ _ - -- - . . -_ _ ' .
SECTION 21. Chapter 6, Section 105 Dead animal pick-up service fee, is amended as
follows:
From participating local commercial businesses, a service fee per visit of five
established in the fee schedule pursuant to section
6-15 of this chapter will be collected for each dead dog, cat, or small animal upon
pick up of the animal by the city. The maximum weight of any animal picked up
under this section may not exceed one hundred (100) pounds. The disposal of
any dead animal weighing over one hundred (100) pounds will be handled in
accordance with the provisions of Chapter 21 of the Code.
SECTION 22. Chapter 6, Section 106, is created to read as follows:
Sec. 6-106 Traps with holding mechanisms prohibited; exceptions
No person shall set up or allow to be set up on his property steel jaw traps,
spring traps with teeth or perforated edges on the holding mechanism, snares, or
any type of trap with a holding mechanism designed in such a fashion as to
reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the
entrapped prey, for the purpose of ensnaring domestic or wild animals within the
city limits, unless the use of such traps is specifically deemed necessary by the
director of health or Local Rabies Control Authority in or for the control of
communicable disease. This section is not to be construed to include those traps
designed to kill common rodents, i.e., rats, mice, gophers and groundhogs;
except that the owner is responsible for taking care that any of the above said
"rodent" traps are not placed or used on or about his property in such a manner
as to reasonably ensure the trapping of any other domesticated or wild animal, or
of a human.
SECTION 23. Chapter 6, Section 127 Rabies impoundment and quarantine, is
amended as follows:
(a)Impoundment. Every animal that has rabies or symptoms of rabies or that a
person could reasonably suspect as having rabies and that bites, scratches, or
otherwise attacks any person or animal within the city must be impounded at
once and held for observation and quarantine at the city animal shelter or other
place designated by theOfficer Animal Care Services Manager for
the period of time the Animal Care Services Manager may
deem necessary; provided, however, the period of time may not be fewer than
ten (10) days nor more than fourteen (14) days.
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(b)Prohibited from being on public ways, places. No animal that has rabies may
be allowed at any time on the streets or public ways of the city. No animal that
has been suspected of having rabies may be allowed at any time in public
places, except as expressly provided in this chapter until the animal has been
released from observation by the City Health Officer Animal Care Services
Manager, Local Rabies Control Authority or Licensed Veterinarian.
(c)Owner's responsibility. The owner of any animal that is reported to have
rabies, or symptoms of rabies, or to have been exposed to rabies, or to have
scratched, bitten, or otherwise attacked any person or animal within the city, or
that the owner knows or suspects to be rabid and to have scratched, bitten, or
attacked any person or animal shall submit the animal for quarantine to the
Animal Care Services manager, an Animal Care Officer, or any police officer.
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 scratched, bitten, or
otherwise attacked any person or animal, shall report the incident to the Animal
Care Services division no later than ten (10) days from the date of the incident.
The report 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 Care Services manager shall inform the 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 city having
rabies, tuberculosis, or any other communicable disease shall,
within twenty-four (24) hours thereafter, report in writing to the City Health Officer
and the Animal Care Services manager the following:
(1)The location of the animal.
(2)The name and address of the owner of the animal.
(3)The type and character of the disease.
(f)Veterinarians'records. Every veterinarian practicing within the city shall keep
detailed records of animal rabies vaccinations and, upon request of the Animal
Care Services Manager, must acknowledge to the Animal Care Services
Manager whether an animal of a particular location, or owned by a named
person, has = --• - -- •- - ••• • - - • = - •• - • - current unexpired
vaccination.
(g)Investigation of cases. The City Health Officer Animal Care Services Manager
or designee shall investigate and record all cases of rabies and suspected
rabies.
(h)Disposition of bodies of quarantined animals. The body of any animal that has
died of rabies or that dies or is destroyed while in quarantine may not be
disposed of except as directed by the Animal Care Services
Manager.
(i)Payment of costs.
(1) The owner of an animal quarantined under this section shall pay to the
Animal Care Services division the reasonable costs of the quarantine and
14
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 Care Services
division, of the animal's head or brain is established in the fee schedule
pursuant to section 6-15 of this chapter
(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 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.
(a)If the head or brain is prepared by a veterinarian for processing
and shipment by the Animal Care Services division, the person
requesting the service shall pay a fee to the Animal Care Services
division as established in the fee schedule pursuant to section 6-15
of this chapter
(b)If the head or brain is prepared by the Animal Care Services
division for processing and shipment, the person requesting the
service shall pay a fee to the Animal Care Services division as
established in the fee schedule pursuant to section 6-15 of this
chapter - -- - - - - .
SECTION 24. Chapter 6, Section 128 Spay/neuter clinic fees, is amended as follows:
The Animal Care Services Manager shall prepare
the initial schedule of fees to be charged to the public for the provision of
services at the city's low-cost spay/neuter clinic. This initial schedule must be
reviewed by the city manager and is effective upon the city manager's approval.
Each successive schedule is subject to the same review and approval
requirement on an annual basis. Such fees may not increase annually by more
than twenty-five (25) per cent nor may new fees be created without city council's
approval by motion or resolution. Each approved schedule must be filed with the
city secretary and copies provided to the city council.
SECTION 25. Chapter 6, Section 153 Keeping of certain animals prohibited, is
amended as follows:
No person may keep, own, maintain, use, or have in the person's
possession or on premises under the person's control, within the city, any of the
following:
(a)
Any dangerous animal, except in accordance with this chapter and
the regulations promulgated by the City Health Officer Animal Care
Services Manager.
* * * * * *
15
SECTION 26. Chapter 6, Section 157 Exceptions to distance and number requirement
regulations is amended as follows:
(a) Laboratories, veterinarians, and others listed. Where livestock or fowl are
kept in medical laboratories or educational institutions for medical
research, in veterinary hospitals for treatment, or on the premises of any
recognized humane society for humane care, the livestock or fowl must be
kept under conditions prescribed by the icer Animal Care
Services Manager for 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.
(c) Exempted premises in newly annexed area. Where any animal is being
kept at a location outside the city limits and, by annexation, the area
becomes a part of and within the boundaries of the incorporated area of
the city, the distance and number requirements do not apply for a period
of five (5)years from and after the date of annexation. Extensions of this
exemption may be obtained for successive five-year periods by applying
for and obtaining a certificate from the Animal Care
Services Manager certifying to the existence of sanitary conditions of the
premises and neighboring premises.
(d) Homing pigeons. Homing pigeons may be kept in a number not exceeding
sixty(60) so long as there is no opposition from contiguous neighbors,
they are kept in accordance with the rules and regulations promulgated by
the City Health Officer Animal Care Services Manager and they are kept in
accordance with subsection 6-153(e) and all other provisions of this
chapter.
* * * * * *
SECTION 27. Chapter 6, Section 236. Inspection, is amended as follows:
(a)The Animal Care Services Manager or designee shall
have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m.
Presence of an apiary constitutes consent to the director or his/her designee to
enter the premises. Where practicable, prior notice shall be given to the
beekeeper if he resides at the apiary or if his name is marked on the hives.
* * * * * *
16
SECTION 28. Chapter 6, Section 237 Compliance, is amended as follows:
a)Upon receipt of information that any colony situated within the city is not being
kept in compliance with this article, the director of public health Animal Care
Services Manager shall cause an investigation to be conducted. If he/she finds
that grounds exist to believe that one (1) or more violations have occurred he/she
shall cause a written notice of hearing to be issued to the beekeeper.
(b)The notice of hearing shall set forth:
(1)The date, time and place at which the hearing will be conducted;
(2)The violation(s) alleged;
(3)That the beekeeper may appear in person or through counsel, and
present evidence; and
(4)That the bees may be ordered destroyed or removed from the city if
after the hearing the Animal Care Services
Manager finds that they have been kept in violation of this article.
Notices shall be given by certified U.S. mail or personal delivery. However, if the
Animal Care Services Manager is unable to locate the
beekeeper, then the notice may be given by publication one (1)time in a
newspaper of general circulation at least five (5) days prior to the date of the
hearing.
(c)The hearing shall be conducted by the Animal Care
Services Manager or a hearing officer that he/she may designate. The burden
shall be on the city to demonstrate by a preponderance of credible evidence that
the colony or colonies have in fact been kept in violation of this article. If the
hearing officer finds that the colony or colonies have been kept in violation of this
article then he/she may order that the bees be destroyed or removed from the
city, within a period not to exceed twenty(20) days, and that bees shall not
thereafter be kept upon the tract for a period of two (2) years. In instances where
the hearing officer finds that the violations were not intentional and that the
beekeeper has employed corrective actions that will probably be effective to cure
the violations alleged, then he/she may issue a warning in lieu of ordering the
bees destroyed or removed. Upon failure of the beekeeper to comply with the
order the Animal Care Services Manager may cause the
bees to be destroyed and the hive structures to be removed. In each instance in
which a bee colony is destroyed all usable components of the hive structure that
are not damaged or rendered unhealthy by the destruction of the bees shall upon
the beekeeper's request be returned to the beekeeper, provided that the
beekeeper agrees to bear all transportation expenses for their return.
* * * * * *
SECTION 29. Chapter 2, Section 51 Administrative functions, is revised as follows:
* * * * * *
(10) Gas. An administrative department responsible for the development,
maintenance, and operation of a gas utility system.
17
(11) Health. An administrative department responsible for the promotion of
public health; air pollution control; ; industrial health;
vital statistics; and support services for the citizens advisory health board, animal
and food service advisory council. The director of this
department shall be appointed, and is removable, by the joint action of the city
council acting through the city manager and the commissioners' court of Nueces
County. The director shall also serve as the health officer of the city.
(12) Housing and community development. An administrative department
responsible for improving the living environment of residential neighborhoods;
rehabilitation of dilapidated buildings; the elimination of blighted areas in the city;
and support services for the building standards board.
(23) Planning. An administrative department responsible for development of
master plans and other planning, zoning, and subdivision activities; development
of capital improvement programs; and support services to the planning
commission, municipal arts commission, landmark commission, and joint airport
zoning board.
(24) Police. An administrative department responsible for animal and vector
control, support services for the animal control advisory committee, the
prevention and investigation of crime, the apprehension of suspected criminals
and the enforcement of traffic laws.
(25) Public utilities. An administrative department responsible for the
management of utilities-related functions in the city as provided by the
organizational chart, and the operation of a commercial office to service such
utilities.
* * * * * *
SECTION 30. Chapter 2, Section 115 Created; composition; appointment, terms of
members; organization, of the Corpus Christi Code of Ordinances is hereby amended
as follows:
An Animal Control Care Advisory Committee is hereby created consisting
of seven (7) members. Initially, two (2) members shall be appointed for one-year
terms, two (2)for two (2) years and three (3)for three (3)years; thereafter, such
terms will be three (3) years. At least one (1) member shall be a veterinarian.
Two (2) members shall be members of local animal welfare organizations (at
least one (1) of the organizations must operate an animal shelter). The remaining
four(4) members shall represent the community at large. All members shall
serve until their successors are appointed and qualified. Each member shall be a
resident of the city.
18
(1) Ex officio members. The city manager, or representative;##e
P. =- e - - - — e- ' — -- - ` -- - - - --- or representative,
and the Animal Gentrel--glzipePASOF Care Services Manager shall
serve as an ex officio member of the committee without vote.
(2) Officers. Following the annual appointment of new members, the
committee shall meet at its earliest convenience and shall, by
majority vote, elect a chair who shall preside at all meetings of the
committee and a vice-chair who shall preside in the absence of the
Chair. The _ _ _ - - _' — __ — _ - ! -_- -- -- Animal
Care Services Manager or designated representative shall serve as
the secretary of the committee and shall send all notices for
meetings, keep and preserve the minutes, have custody of all
documents filed with the committee, advise and consult with city
officials as to the committee's work and recommendations, assist
the committee and its subcommittees in planning and coordinating
its programs, and perform such other duties as may be of
assistance to the committee. A copy of the minutes shall be sent to
all members.
(3) Subcommittees. The chair of the committee, with the approval of
the committee, may establish such subcommittees as may be
necessary or appropriate to assist the committee in its studies and
in the performance of its duties. Members of such subcommittees
shall be appointed only from among members of the committee.
(4) Meetings. The committee shall meet at least once each month and
shall meet on the call of the chairperson of a majority of its
members. The committee shall adopt its own rules of procedure of
notice of meetings and the conduct thereof.
(5) Quorum. Four(4) members shall constitute a quorum.
SECTION 31. Chapter 2, Section 117 of the Corpus Christi Code of Ordinances is
hereby created to read as follows:
Sec. 2-117. Animal Shelter Committee
(a) The Animal Care Advisory Committee is designated as the Animal Shelter
Committee required by the Health and Safety Code.
(b) The duties of the Animal Shelter Committee shall include, but are not
limited to, assisting Animal Care Services in complying with:
(1) The standards of housing and sanitation as established by the
Health and Safety Code and the rules of the state board of health;
and
(2) standards of animal control officer training as established by the
Health and Safety Code.
19
(c) The Animal Shelter Committee advisory committee shall meet as required
per state law.
SECTION 32. If for any reason any section paragraph subdivision clause phrase word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction it shall not affect any other section paragraph
subdivision clause phrase word or provision of this ordinance for it is the definite intent
of this City Council that every section paragraph subdivision clause phrase word or
provision hereof be given full force and effect for its purpose.
SECTION 33. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 34. Penalties are as provided in Section 1-6 of the Code of Ordinances.
SECTION 35. This ordinance takes effect after official publication.
20
That the foregoing ord n nce wa read for the first time and passed to its second
�
reading on this the , ' day o gi.1..L , Ztf by the following vote:
Nelda Martinez �' Al Brian Rosas
Rudy Garza Lucy Rubio _.4.,L__
Chad Magill If Mark Scott _(.).#_
Colleen McIntyre t,..J : Carolyn Vaughn
I I
Lillian Riojas
i
That the foregoing ordi ance was read for the s cond time and passed finally on this
the 2-O'day of CU , �b , by the following vote:
Nelda Martinez 0 Ai! Brian Rosas 1 0
Rudy Garza `:,I; Lucy Rubio i6
Chad Magill I Mark Scott ` I
Colleen McIntyre I _c Carolyn Vaughn te. •
Lillian Riojas
--# 40
PASSED AND APPROVED, this the 2,6th day ofaal 2-0 0."'
ATTEST:
t7A-k-e-C.C& h'tt
Rebecca Huerta el ' z
City Secretary Mayor
EFFECTIVE DATE
I ko S
fiat'4 ')5
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
Counjof Nueces } Ad#455779
PO#
Before me,the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 01/26/15 Mon
CC-Internet - caller.com 01/26/15 0 on
LEGAL SALES REPRESENTATIVE
I�
On this c N^day of �-�l1 rtLuvu-6 , 20 15 I certify that the attached document is a true
and exact copy made by publisher.
. p
?�" it:z,, SYLYIA P.PEREZ P
f Texas
MY COMMISSION EXPIRES Nota Public, State o
�, �'"? Febniary 27,2017
•
4E I January 26,2015 I CALLER-TIMES
NOTICE OF PASSAGE OF lei
ORDINANCE(S)
NO. 030400, Ordinance
amending the Unified Devel-
opment Code by revising
subsections 5.2.7 to enhance
enforcement of bar,taverns,
or pub zoning;amending the
Unified Development Code
by revising subsections
5.1.4.F to correct an error
in the text for restaurant
accessory use; NO. 030403,
Ordinance amending Chap-
ter 57, Article V "AUTOW-
RECKERS" of the Corpus
Christi Code by modifying
permitting, regulatory, and
enforcement procedures
of auto wreckers. increas-
ing fees for substitution
of vehicle, and increasing
wrecker service fees; NO.
030405, Ordinance amend-
ing Chapter 2 and Chapter 6
of the Corpus Christi Code
to reassign Animal Care Ser-
vices roles and responsibil-
ities; to designate the Ani-
mal Care Services Manager
as the Local Rabies Control
Authority;to establish a fee
schedule; authorizing waiv-
er of fees;providing Animal
Control Service Manager
authority to prohibit dan-
gerous dogs within the City;
eliminating $25 refund for
sterilization of adopted ani-
mals;prohibiting traps with
holding mechanisms; to
modify the name of Animal
Control Advisory Commit-
tee;to modify the ex officio
members; to designate the
Animal Care Advisory Com-
mittee as the Animal Shelter
Committee; providing for
severance,penalty,publica-
tion;and providing an effec-
tive date.These ordinances
were passed and approved
on second reading by the
City Council on January 20,
2015.
/s/ Rebecca Huerta
City Secretary