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HomeMy WebLinkAbout030609 ORD - 09/15/2015 Ordinance Amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Whereas, dangerous dogs escaping confinement has been a reoccurring issue; and Whereas, a tethering ordinance can prevent animal cruelty. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, Section 32 Dangerous dog registration, is amended as follows: Sec. 6-32. - Dangerous dog registration. (a) A dog found to be a "dangerous dog" as defined in V.T.C.A., Health and Safety Code-G.14 Chapter 822, as it may be amended, must wear a dangerous dog registration tag issued annually by the aAnimal &Care &Services division upon a payment of the maximum fee allowed for a dangerous dog registration under V.T.C.A., Health and Safety Code &h Chapter 822, 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 time-green brightly colored, one-inch-wide collar with the words "Dangerous Dog" printed on the 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 the aAnimal &Care &Services FriManager and in addition to what may be required under V.T.C.A., Health and Safety Code eh Chapter 822, as it may be amended. (d) The aAnimal eCare &Services mManager may require a dangerous dog to be removed from the city limits. SECTION 2. Chapter 6, Section 160 Dangerous Dog Fencing is created as follows: Sec. 6-160. - Dangerous dog fencing 030609 INDEXED Not later than the 30th calendar day after the date a licensee or owner learns that he is the owner of a dangerous dog that is not to be humanely euthanized, the licensee or owner shall confine the dog in a secure enclosure. SECTION 3. Chapter 6, Section 161 Dangerous Dog leash is created as follows: Sec. 6-161. - Dangerous dog leash Any dangerous dog not in a secure enclosure shall be restrained at all times on a leash of sufficient strength to control the dog, no longer than six feet in length and in the immediate control of a person at any time the dog is not in a secure enclosure. SECTION 4. Chapter 6, Section 1 Definitions, is amended as follows: * * * * * * Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure means a fenced area or structure that is: (1) At least six feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, lumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five feet from another property line or fence adjoining the premises on which the enclosure is located. Tether means to restrain an animal by rope, chain, or 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. 2 * * * * * * SECTION 5. Chapter 6, Section 162 Tethering dogs and other animals, is created as follows: Sec. 6-162. - Tethering dogs and other animals. It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal. This section does not apply to any animal that is restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type, or improperly fitted collar SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. 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 8. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 9. This ordinance takes effect after official publication. 3 That the foregoing orptpwce wa ea for a first ime nd passed to its second reading on this the ' j ay ora+;Zy the following vote: Nelda Martinez i . A ' Brian Rosas _ / �,, I, ` ' • Rudy Garza Lucy Rubio A , A t I Chad Magill / Mark Scott Colleen McIntyre Carolyn Vaughn 11 Lillian Riojas aibaC4-4 That tf I 'dayg ordi ce wass readfor the s� n time and passed finally on this the da of p-4(rv4Jc ,( by the followingvote: Nelda Martinez ..J! Brian Rosas I • Rudy Garza Ii ' Lucy Rubio iI Chad Magill ill : Mark Scott .--°14 Colleen McIntyre I ;:� Carolyn Vaughn a,( Lillian Riojas —(4JL PASSED AND APPROVED, this the 15 the day o 0 i ' a ' / 20. ATTEST: 7 251110. 0-. i "iUL4-J7--k C %-C Rebecca Huerta Nelda Martinez City Secretary Mayor EFFECTIVE DATE u ,S 030609 4 PURCHASING PUBLISHER'S AFFIDAVIT 2015 State of Texas OCT _8 }AM g' CITY OF CORPUS CHRISTI County of Nueces } Ad# 697715 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 09/21/15 Mon CC-Internet - caller.com 09/21/1 1 on ,,.....1\iii LEGAL SALES REPRESENTATIVE ' On thisf'hl day of It hr bLik- , 20 (J I certify that the attached document is a true and exact copy made by publisher. L__ Notary Public, State of Texas '6.:1 . ' ;OYCE CABRERA __� ;� &, mission Expires � / March 19,2016 s, res CALLER-TIMES K Monday,September 21,2015 a 3E Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030608, Ordinance amending Chapter 53, Sec- tion 53-109 "Operation of golf cart"to allow golf cart operation on North Beach; NO. 030609, Ordinance amending Chapter 6 of the Corpus Christi Code of Ordi- nances modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dan- gerous dogs; Establishing tethering standards;Provid- ing for severance;Providing for publication; Providing for penalty; and Providing an effective date. These ordinances were passed and approved on second reading by the Corpus Christi City Council on September 15, 2015. /s/Rebecca Huerta • City Secretary