OR 70 Defines large & small animals, prohibits animals running at large, authorizes impoundment AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 70
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DEFINING LARGE AND SMALL ANIMALS; MAKING IT UNLAWFUL FOR ANY
PERSON KEEPING ANY ANIMAL OR FOWL"TO ALLOW SUCH TO RUN AT
LARGE WITHIN THE CITY; AUTHORIZING IMPOUNDMENT; PROVIDING
FOR PLACES OF IMPOUNDMENT; ESTABLISHING REDEMPTION FEES;
PROVIDING FOR THE SALE OR DISTRUCTION OF ANIMALS NOT RE-
DEEMED WITHIN TEN (10) DAYS; REPEALING ALL ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EX-
CEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. DEFINITIONS:
"SMALL ANIMALS" - For the purpose of this
Ordinance the term "Small Animal" shall mean all animals
or fowl which can be reasonably impounded within cages that
might normally be used to impound dogs and cats.
"LARGE ANIMALS" - For the purpose of this
Ordinance the term "Large Animals" shall mean all animals
of the large variety such as horses, cows, ponies, pigs,
goats and other animals which require stalls, pens, or en-
closed lots for impoundment.
SECTION 2. ANIMkLS AND FOWL RUNNING AT LARGE.
It shall be unlawful and a nuisance for any per-
son raising or keeping any animal or fowl to fail to prevent
any such animal or fowl from running at large within the city,
or to fail to prevent any such animal or fowl from going upon
the premises of another, provided, however, that this section
shall not apply to dogs, which animals are regulated by other
ordinances of the city.
SECTION 3. OFFICERS AUTHORIZED TO PICK UP STRAYS.
The chief of police or any other police officer or
other persons designated by the chief of police or governing
body shall pick up and impound any animal or fowl running at
large in the city.
SECTION 4.
CONFINEMENT OF STRAYS; NOTICE TO
OFFICERS; DUTY OF IMPOUNDMENT.
If any of the animals or fowl named herein are
found upon the premises of anyone, the owner or occupant
of such premises shall have the right to confine such animal
or fowl until he can notify the chief of police to come and
impound such animal, provided that the same is done in a rea-
sonable time. When so notififed, it shall be the duty of such
officers to at once cause such animal or fowl to be impounded.
SECTION 5. POUND TO BE ESTABLISHED.
The City Council shall select and establish places
within the City for the impounding of any animals or fowl found
running at large and in this regard may contract with private
individuals for the use of their premises for impoundment pur-
poses, agreeing to pay such persons $ per day for
the impoundment of small animals and fowl and $ per
day for the impoundment of large animals. Provided, however,
the agreement with such owners shall provide that such compen-
sation shall never exceed the amount received by the City in
redemption fees if such animal or fowl is redeemed or from the
sale of such animals or fowl where the animal is sold.
SECTION 6. REDEMPTION PERIOD AND FEES.
The owner of any animal or fowl impounded shall
have ten (10) days, excluding Sunday, in which to redeem such
SECTION 10.
All ordinances or parts
or in conflict with the provisions
by repealed.
However, the repeal of existing ordinances by this
ordinance shall not effect or prevent the prosecution or the
punishment of any person for any act done or committed prior
to the effective date of this ordinance inviolation of any
ordinance hereby repealed; and prosecution for such offenses
may be instituted and causes presently pending proceeded with
in all respects as if such prior ordinance or ordinances had
not been repealed.
REPEALING CLAUSE:
of ordinances inconsistent
of this ordinance are here-
SECTION 11. SEVERABILITY CLAUSE:
If any article, paragraph .or sub-division, clause,
phrase or provision of this Ordinance shall be adjudged in-
valid or held unconstitutional, the same shall not affect the
validity of this Ordinance as a whole or any part or provision
thereof other than the part so decided to be invalid or uncon-
stitutional.
SECTION 12. PENALTY CLAUSE:
Any person, firm or corporation violating any of the
provisions of this Ordinance shall be deemed guilty of a mis-
demeanor and, upon conviction, shall be fined not to exceed the
sum of two hundred ($200.00) dollars for each offense and each
and every day such offense is continued shall constitute a new
and separate offense.
SECTION 13. EMERGENCY CLAUSE:
The fact that the present City regulations are in-
adequate to properly protect the public health, safety and
welfare, creates an urgency and an emergency and requires that
this Ordinance shall take effect immediately from and after
animal or fowl by paying a redemption fee of $ plus
any expense for maintenance incurred during such period.
SECTION 7. SALE OF IMPOUNDED ANIMALS AND FOWL.
At any time after the expiration of the period of
time for redemption of impounded animals or fowl as established
herein shall have expired, the Chief of Police or any other
person designated by the governing body may without further
notice and without advertising in any manner, sell at private
or public auction, for cash, any animal or fowl not redeemed
or reclaimed. At the sale of any animal or fowl which has been
impounded upon the premises of an individual under the provision
of Section 5 above, a bid shall automatically be made in the name
of such individual for the amount of fees and expenses against
such animal or fowl and if no higher bid is received such ani-
mal or 'fowl shall be sold to such individual.
SECTION 8. DESTRUCTION.
Any animals or fowl impounded and not redeemed, re-
claimed or sold after the period of time for redemption has ex-
pired shall forthwith be destroyed in a humane manner. Such
animals or fowl may be destroyed without regard to the afore-
mentioned time period in humane cases. Provided, however, ani-
mals and fowl impounded on the premises of any individual under
the provisions of Section 5 above may be destroyed, in lieu of
being sold, only at the request of such individual and such
request shall have the effect of waiving all such individuals
rights to any impoundment or maintenance fees.
SECTION 9. I~OUNDMENT RECORDS.
The Chief of Police or such other persons designated
by the governing body shall keep a book giving description of
all animals or fowl impounded by him, the date of impounding,
the date of sale, the amount realized for such animal and the
name and address of the purchaser.
the publication of its caption as
vides.
Coppell,
the law in such
cases pro-
DULY PASSED by the City Council of the City of
MAYOR
ATTEST:
CITY SECTETARY
APPROVED AS TO FORM:
CITY ATTORNEY