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OR 194 Approves an ordinance to be known as the "City of Coppell Animal Control Ordinance" AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 194 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, TO BE KNOWN AS THE "CITY OF COPPELL ANIMAL CONTROL ORDINANCE"; DEFINING THE TERM "ANIMAL" AS USED HEREIN TO INCLUDE DOGS, WOLVES, JACKALS, FOXES AND ALL OTHER DOMESTICATED CARNIVOROUS ANIMALS; PROVIDING FOR ANNUAL REGISTRATION AND VACCINATION OF SUCH ANIMALS; MAKING IT UNLAWFUL FOR ANIMALS TO RUN AT LARGE WITHIN THE CITY; PROVIDING OFFICERS WITH AUTHORITY TO IMPOUND ANIMALS; PROVIDING FOR THE DISPOSITION OF UNREDEEMED ANIMALS; PROVIDING FOR THE QUARANTINING OF ANIMALS EXPOSED TO RABIES; MAKING IT UNLAWFUL TO KEEP UNUSUALLY LOUD, BARKING DOGS OR OTHER ANIMALS; REPEALING ORDINANCES NUMBERED 74, 95 & 95-A-1; REPEALING ANY PART OF ANY OTHER ORDINANCE WHICH IS IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTIONS: 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 Definitions Unlawful to keep Vicious Dog Unless Muzzled or Penned License Fee for Dogs; Collected by Health Department Veterinarian to be Deputy Collector Vaccination Required Before License Issued Dogs Running at Large Impounding of Dogs Impounding Fees Report of Rabies Cases Required; Confinement of Dog Unlawful to Keep Loud Dog Confinement of Dog That has Bitten Person Required Cruelty to Animals; General Food and Shelter Abandonment Fight Upon Exhibition Poisoning Dogs Indecent Exhibition of Animals Livestock; Definition of Unlawful to Keep; Where Duty to Control Odors and Pests Penalty Impounding of Livestock Running at Large Impounding Fees; Sale of Livestock Sale of Baby Chicks, Ducks Repealing Clause Severability Clause Emergency Clause SECTION 1.01 DEFINITIONS: The following words and phrases shall for purpose of this ordinance have the following meanings: ANIMAL: The word "animal" when used herein shall mean dogs, wolves, jackals, foxes, and all other domesticated carnivorous animals. DOGS: The word "dogs" when used herein shall mean dogs of all ages and both female and male. OWNER: The word "owner" shall mean every person owning, keeping or harboring a dog within the corporate limits of the City of Coppell. AT LARGE: The term "at large" shall mean the following: Any dog not confined to the premises of the owner or within a house or other building or enclosure or restrained on the premises of the owner by a metal leash sufficiently strong to prevent the dog from escaping and restricting the dog to the premises, or not confined by leash or confined within an automobile when away from the premises of the owner. VACCINATION: The word "vaccination" shall mean an injection of any vaccine for rabies approved by the State Veterinarian and administered by a licensed veterinarian. VICIOUS DOG~ The term "vicious dog" shall mean a dog which has a disposition to bite humans and any dog which has bitten or attempted to bite any person within the six (6) months immediately past; however, the fact that a dog has bitten or attempted to bite some person when that person was teasing the dog shall not be deemed a vicious dog within the sense of this ordinance. MUZZLE: The word "muzzle" shall mean the following: When required by this ordinance it shall be of appropriate material with sufficient strength to restrain the dog from biting and no such muzzle shall be employed made from any material or maintained on the dog in any manner so as to cut or injure the dog. NUISANCE: The word "nuisance" shall mean anything which is injurious to the health or morals, or indecent or offensive to the sense or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of llfe or property is declared a nuisance and as such shall be abated. SECTION 1.02 UNLAWFUL TO KEEP VICIOUS DOG UNLESS MUZZLED OR PENNED: It is unlawful for any person to keep within the City any vicious dog unless the said dog is muzzled or confined in a pen or restrained in such a manner that it cannot bite mail carriers, delivery men or other licensees or invitees coming onto the premises where such dog is kept. SECTION 1.03 LICENSE FEE FOR DOGS; COLLECTED BY HEALTH DEPARTMENT: It shall hereafter be unlawful for any person to own, keep or harbor a dog within the City without first having paid the Deputy Collector an annual license tax of two dollars ($2.00) each on all dogs six (6) months of age or over. The license tax required by this Section shall be payable annually and shall expire one year from the date of issuance thereof. Upon payment of the license tax required by this ordinance, it shall be the duty of the City to furnish the Owner of the dog with a metal tag of distin- ctive design, on one side of which shall be stamped the words, "Tax Paid", the year for which the same is paid, and the serial number of the dog. Such tag, when issued, shall at all times be securely attached to the dog's collar or harness, and failure to keep such tag on the dog's collar shall be unlawful. SECTION 1.04 VETERINARIAN TO BE DEPUTY COLLECTOR: The City Administrator is authorized to designate any licensed veterinarian in the City to be a Deputy Collector of license fees and upon such designation such veterinarian shall have authority to issue dog licenses upon completion of vaccination. Each such Deputy Collector of license fees shall, on or before the fifty day of each month, turn in to the City all license taxes collected by him during the preceding month along with a report of such collections upon such form as the City may devise and distribute. For his assistance in such collection, the Deputy Collector of License Taxes shall be entitled to fifty cents (50¢) per license fee paid. Tags will be provided by the City consecut- ively numbered. No veterinarian shall act as a Deputy Collector until he has first posted a bond in the amount of one thousand dollars ($1,000.00), conditioned upon his faithfully performing the duties required of him and payable to the City. The City is authorized to pay premiums upon such bonds in partial consideration of the benefits to be received by the City by virtue of the cooperation of the veterinarian. SECTION 1.05 VACCINATION REQUIRED BEFORE LICENSE ISSUED: All dogs within the City six (6) month of age or over shall be licensed and vaccinated and the license tax referred to above paid; however, before the license shall be issued the owner of the dog must present a certificate from a licensed veterinarian showing that the said dog has been vaccinated within the preceding twelve (12) month. Such vaccination certificate shall reflect the name of the owner, his address, a description of the dog, the date of vaccination, the number of the vaccination tag and the kind of vaccine used. The veterinarian shall furnish the owner with a metal tag, on one side of which shall be stamped the words, "Rabies Vaccine Administered", and the date of the vaccination, which tag shall be securely attached to the collar or harness of the dog at all times. SECTION 1.06 DOGS RUNNING AT LARGE: Any person owning, possessing or keeping a dog or dogs within the City, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such dog or dogs within an adequate fence or enclosure, or within a house, garage or other building, or shall confine such dog or dogs by a chain or leash affixed to the dog's collar and attached to some substantial stationary object adequate to prevent the dog or dogs from running at large. SECTION 1.07 IMPOUNDING OF DOGS: The City Deputy shall take into custody any dog found at large in the City, and shall impound the dog in the City dog pound or such other place as may be designated for purposes of impound- ment. Such impounded dog shall be held for a period of five {5) days, at the end of which time, if the dog has not been claimed and the proper fee paid as prescribed herein, the dog shall be disposed of. SECTION 1.08 IMPOUNDING FEES: Any person owning, possessing, or keeping a dog which has been allowed to run at large and which has been impounded may claim and retrieve such dog from the City pound by payment of a fee of five dollars ($5.00} if the dog has been vaccinated within the year next preceding such impounding, and iscurrently licensed as required by law, or by a fee of twenty five dollars {$25.00} in the event the dog has not been veccinated within a year preceding the impoundment, and is not currently licensed. The burden of proof as to vaccination and licensing shall be upon the party attempting to claim the dog from the animal control officer under this ordinance. Any person claiming unvaccinated and uhlicensed dogs shall, after payment of the fee assessed herein, and prior to release of the dog, sign a promise in writing to the animal control officer that such person will immediately have the dog vaccinated and licensed if the animal is released to him. The animal control officer shall keep such statement in a safe place, and should such a statement be signed and the dog be again impounded, and the dog not having been vaccinated and licensed as promised, then the animal control officer prior to releasing the dog, shall require a fee of one hundred dollars ($100.00} to be paid by the person claiming the dog, and require another promise in writing to have the dog licensed and vaccinated before he shall release the dog to the person claiming same. Upon each subsequent impoundment of such dogs, the same not have been vaccinated and licensed an additional fee of one hundred dollars {$100.00} shall be assessed. SECTION 1.09 REPORT OF RABIES CASES REQUIRED; CONFINEMENT OF DOG: It shall be the duty of the owner or the custodian or the veterinarian to report to the animal control officer all cases of rabies or suspected rabies of which any of them has knowledge. Any animal or animals having rabies or symptoms thereof or suspected of having rabies, or which has been exposed to rabies shall be immediately released by the owner to the City for con- finement in a veterinary hospital approved by the City; or immediately upon facts having come to the attention of the owner or custodian of such animal with respect to it~'being rabid or having been exposed to rabies, such dog shall be immediately and securely confined by the attachment of a chain and kept under the supervision of the animal control officer for a period of not less than ten (10) days. SECTION 1.10 UNLAWFUL TO KEEP LOUD~OG: It shall hereafter be unlawful for any person to keep on his premises or under his control any dog which by loud and unusual barking and howling shall distrub the peace and quiet of any person, and all such premises shall be kept free from offensive odors. SECTION 1.11 CONFINEMENT OF DOG THAT HAS BITTEN PERSON REQUIRED: When any dog has bitten scratched or'otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the City and such dog shall be confined in the City pound or at a veterinary hospital for a period of ten (10) days at the expense of the owner, and such dog shall during such period of confinement be subject to inspection by the Health Officer, or a licensed veterinarian. SECTION 1.12 CRUELTY TO ANIMALS; GENERAL: No person shall overdrive, over- load, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any animal; or cause any of these acts to be done. SECTION 1.13 FOOD AND SHELTER: No person shall fail to provide any animal in his charge or custody with necessary sustenance, drink, and protection from the elements, or cause any of these acts to be done. SECTION 1.14 ABANDONMENT: No person shall abandon any animal, or cause such act to be done. SECTION 1.15 FIGHT UPON EXHIBITION: No person shall maintain any place where fowls or any animals are suffered to fight upon exhibition, or for sport upon any wager. SECTION 1.16 POISONING DOGS: No person shall poison any dog or dogs or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any dog or dogs. SECTION 1.17 INDECENT EXHIBITION OF ANIMALS: No person shall exhibit any stud horse or bull or other animal indecently, nor shall any person let any male ~nimal to any female animal unless the same be done in some place wholly enclosed and out of public view. SECTION 1.18 LIVESTOCK; DEFINITION OF: The term "livestock" as herein used, shall mean horses, mules, pigs, cows, goats, and sheep of any and all kinds and shall include both male and female species of the aforesaid animals. SECTION 1.19 UNLAWFUL TO KEEP; WHERE: It shall be unlawful for any person to keep on premises under his control. any livestock without providing adequate fences or barriers that will prevent such livestock from damaging shrubbery and other property situated on adjacent property. It is further unlawful to keep such livestock in an area wherein there is less than ten thousand' {lp~DO0) square feet for each animal so kept; provided however, that this ordinance shall not apply to any property located next to property or acreage not subdivided or platted. SECTION 1.20 DUTY TO CONTROL ODORS AND PESTS: All persons keeping livestock within the City limits shall keep the premises upon which such livestock is kept clean and free from noxious and unpleasant odors and shall use some standard spray at reasonable intervals so as to keep such premises free from flies, mosquitoes, and other insects. SECTION 1.21 PENALTY: Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceeding two hundred dollars {$200.00}. SECTION 1.22 IMPOUNDING OF LIVESTOCK RUNNING AT LARGE: Any livestock found running at large within the City limits shall be impounded by the City. Upon such impoundment, written notice shall be given to the owner of the animal, if known, stating that the animal has been seized and impounded while at large. Such notice shall state the amount of fees and costs which have accrued because of tmpoundment at the time of such notice, the rate at which additional fees and costs shall accrue, the time at which the animal will be disposed of unless redeemed and all costs and fees paid and shall be signed by the Health Officer and mailed to the last known address of the owner or owners of such animal, if known. In the event the animal impounded by virtue of this ordinance, he shall post such written notice at the City Hall at least five (5) days prior to the date set for disposition of the animal. The notice required to be given to owners known to the animal control officer shall be deposited in the United State mail at least five (5) days prior to the time set by the notice for disposition of the animal, and such notice shall be sufficient when so posted. SECTION 1.23 IMPOUNDING FEES; SALE OF LIVESTOCK: There is hereby levied and shall be collected on ~ all animals impounded b virtue of this ordinance, an impoundment fee of fifteen dollars ($15.0 for each animal impounded, in addition to which there shall be assessed as cost for the keeping of such animal a fee of five dollars ($5.00) for each day or part thereof of impoundment and no animal impounded by virtue of this ordinance shall be released to the owner until all such costs and fees have been paid and until the person applying for the release of such animal shall have signed an affidavit to the effect that he is the owner of said animal and entitled to possession thereof. After the notice required herein has been given and the owner or owners have failed to redeem the impounded animal at the time prescribed, the animal control officer shall proceed to sell such animal for the highest bid that he may obtain for the animal and apply so much of the proceeds of such sale to the satisfaction of the fees and costs accrued hereunder, and shall deposit the remainder of such monies, if any with the City. Such money shall be subject to withdrawal by the owner, at the time of impoundment of impounded animals, upon proof by affidavit that the applicant was in fact the owner of the animal immediately prior to the sale and that he is entitled to the remainder of the sale price. SECTION 1.24 SALE OF BABY CHICKS, DUCKS: It shall be unlawful for any person to sell or offer for sale, lease, rent, or in any way transfer, barter or give away baby chicks or ducklings as pets or novelties, whether or not dyed, colored or otherwise artificially treated; provided, however, this ordinance shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper breeding facilities for hatcheries or stores engaged in the business of selling the same to be raised for legitimate - commercial purposes. Nothing in this ordinance shall prohibit the City departments, recognized educational institutions, licensed clinical laboratories, or medical research facilities which are in conformity with State or Federal laws from taking title to or possessing animals, or shall this ordinance prohibit any person from selling animals to such entities, the sale of which may be prohibited by this ordinance. SECTION 1.25 REPEALING CLAUSE: All ordinances or part of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Ordinance Numbers 74 & g5 is specifically repealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses by be institued and causes presently pending proceeded~ith in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 1.26 SEVERABILITY CLAUSE: If any article, paragraph or sub-division, clause, phrase or provision of this Ordinance shall be adjudged invalid 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 unconstitutional. SECTION 1.27 EMERGENCY CLAUSE: The fact that the present City regulations are inadequate 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 the publication of its caption as the law in such cases provides. this ATTEST: ETARYS APPROVED AS TO FORM: CITY ATTORNEY