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HomeMy WebLinkAbout500 03-23-1976ORDINANCE NO. 500 AN ORDINANCE REPEALING ARTICLES I THROUGH AND INCLUDING IV AND ALL SECTIONS CONTAINED THEREIN OF CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AND ORDINANCE NO. 94 OF THE CITY OF EULESS, TEXAS, AND ENACTING AS REPLACEMENT THEREOF THE ADOPTION OF AN ORDINANCE TO BE KNOWN AS THE "CITY OF EULESS ANIMAL AND RABIES CONTROL ORDINANCE ",PRO - VIDING FOR DEFINITIONS; PROVIDING THAT IT SHALL BE UNLAWFUL AND A NUISANCE FOR ANY PERSON RAISING OR KEEPING ANY ANIMALS OR FOWLS TO PERMIT SAME TO RUN AT LARGE WITHIN THE CITY OR UPON THE PREMISES OF ANOTHER; BY PROVIDING FOR THE DEFINITION OF HARBORING AN ANIMAL IN EXTREME WEATHER CONDITIONS; PROVIDING THAT AN ANIMAL SHALL NOT BE ABUSED BY KEEPING OR HARBORING SAME IN EXTREME WEATHER CONDITIONS WITHOUT SHELTER OR PROTECTION; PROVIDING THAT AN ADULT ANIMAL SHALL NOT BE RESTRAINED ON A LEASH OR OTHER RESTRAINING LINE LESS THAN EIGHT FEET IN LENGTH; PROVIDING THAT THE ANIMAL WARDEN IMPOUND AN ANIMAL, BIRD OR FOWL THAT IS FOUND TO HAVE BEEN DEPRIVED OF NECESSARY FOOD, CARE OR SHELTER OR THAT IS CRUELLY CONFINED OR ABUSED OR TRAPPED OR BEATEN OR CRIPPLED OR KEPT OR HARBORED IN EXTREME WEATHER CONDITIONS AND THAT THE OWNER OR PERSON IN CUSTODY OR CONTROL OVER SAID ANIMAL, BIRD OR FOWL SHALL NEVER EXERCISE OWNERSHIP, CARE CUSTODY OR CONTROL AGAIN OVER SAID ANIMAL, BIRD OR FOWL; PRO- VIDING THAT THE ANIMAL WARDEN SHALL SET UP CONDITIONS UNDER WHICH IT IS POSSIBLE TO KEEP OR HARBOR SMALL WILD ANIMALS OR REPTILES WITHIN THE CITY; PROVIDING FOR DESTRUCTION OF CERTAIN DOGS; PROVIDING FOR ABAN- DONMENT OF ANIMALS IN THE CITY; PROVIDING FOR SLAUGHTERING OF ANIMALS; PROVIDING FOR ANIMALS BITING, SCRATCHING OR ATTACKING ANY PERSON; PROVIDING FOR SANITARY CONDITION OF ANIMAL PEN; PROVIDING FOR RE- STRICTION ON NUMBER OF DOGS, CATS OR ANY OTHER ANIMAL OR COMBINATION OF BOTH TO BE KEPT IN RESIDENTIAL PREMISES; PROVIDING FOR STANDING OF BULLS, STALLIONS OR JACKS; PROVIDING FOR THE PROHIBITION OF KEEPING HOGS, SOWS AND PIGS IN THE CITY; PROVIDING FOR RESTRIC- TIONS ON SIZE AND LOCATION OF AREA FOR KEEPING LIVE- STOCK; PROVIDING FOR RIDING OR DRIVING ANIMALS ON SIDEWALKS OR STREETS; PROHIBITING THE KILLING AND TRAPPING OF ANIMALS AND FOWL, EXCEPT IN CERTAIN INSTANCES; PROVIDING ANIMAL WARDEN DUTIES; PRO- VIDING FOR THE DISPOSITION OF IMPOUNDED ANIMALS; PROVIDING FOR SHELTER FEES; PROVIDING FOR REDEMPTION; PROVIDING FOR SALE LIABILITY; PROVIDING FOR THE ANNUAL IMMUNIZATION OF DOGS, CATS OR ANY OTHER ANIMAL REQUIRED AND FOR VACCINATION TAGS; PROVIDING FOR THE REQUIREMENT OF VACCINATION CERTIFICATES AND DISPLAY UPON REQUEST; PROVIDING FOR THE IMPOUNDMENT OF ANIMALS SUSPECTED OF RABIES; PROVIDING FOR THE CON- FINEMENT, NOTICE TO OWNER, EXAMINATION, RELEASE OR DESTRUCTION OF DOGS OR CATS THAT BITE PERSONS; PRO- VIDING FOR THE REMOVAL AFTER OBSERVATION PERIOD; PROVIDING FOR REPORTING OF RABIES CASES BY VETERI- NARIANS; PROVIDING FOR ANIMALS WHICH HAVE DIED OF RABIES; PROVIDING A DUTY OF PERSONS KNOWING OF ANI- MALS EXHIBITING SYMPTOMS OF RABIES; PROVIDING FOR DUTY OF OWNER OF DOG OR OTHER ANIMAL BITTEN BY RABID ANIMAL OR ONE SUSPECTED OF BEING RABID; PROVIDING FOR HEADINGS; PROVIDING A PENALTY CLAUSE; PRO- VIDING EXCEPTIONS AND EXEMPTIONS NOT REQUIRED TO BE NEGATIVED; AND PROVIDING FOR AN EMERGENCY CLAUSE; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT; ARTICLE I IN GENERAL SECTION 3 -0. CREATION OF CITY OF EULESS ANIMAL AND RABIES CONTROL ORDINANCE. A. There is hereby established a City of Euless Animal and Rabies Control Ordinance with the adoption of the following rules and regulations that amend the entire Chapter 3 of the Euless City Code, and re- peals Ordinance No. 94. SECTION 3 -1. DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words, or their derivation shall have the meaning given herein. When not consistent with the context, words used in the plural number include the singular; words used in the singular include the plural number. The word ''shall" is always mandatory and not merely directory. -2- A. ANIMAL - Any member of the group of living beings generally capable of spontaneous and rapid motor response to stimulation, specifically excluding human beings. B. DOG - All members of the canine family. C. CAT - All members of the cat family that are domesticated. D. DOMESTIC ANIMAL - Those animals which are naturally tame and gentle, or which by long continued associ- ation with man have become thoroughly domesticated and are now reduced to such a state of subjection that they no conger possess the disposition or inclination to escape. E. WILD ANIMALS - The term "wild animals" shall mean animals which are usually not domestic animals and shall include but not be limited to lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, buffalo, poisonous reptiles and other like animals. 1. Fish - Certain species of fish shall be con- sidered under the wild category such as eels and piranha, which are considered to be dangerous to man, or walking catfish, which are dangerous to the balance environment of lakes and streams. F. FOWL OR BIRD - A bird of any kind, including the following: 1. Domestic - such as canary, chicken, parakeet, parrot, turkeys, but not limited to these. 2. Wild - such as blackbird, cardinal, crow, blue jay, robin, sparrow, but not limited to these. 3. Game - such as dove, duck, goose, pigeon, quail, but not limited to these. G. LIVESTOCK - Domestic animals generally used or raised on a farm for profit or use, including but not limited to cattle, cows, sheep, pigs, bulls, stallions, jacks, hogs, and sows. H. RUNNING AT LARGE - To be free of physical restraint beyond an enclosed or fenced area. Voice control shall not be deemed restraint. -3- I. OWNER - The owner of an animal is any person, firm, or corporation or association who have, harbor, or keep, or cause or permit to be harbored or kept, or has in his care, or who permits an animal to remain on or about his premises. J. ANIMAL WARDEN - Employee of the City of Euless ap- pointed by the City Manager to supervise the oper- ation and maintenance of the City Animal Shelter and to help carry out and enforce the provisions of this ordinance. K. RESIDENTIAL PURPOSES - Any property zoned for or utilized as a multi - family, four -plex, tri -plex, duplex, single family dwelling or mobile home. L. HARBORED IN EXTREME WEATHER CONDITIONS - Said phrase shall mean being enclosed in a pen or cage or tethered without having access to shelter and water. M. POWERS OF CITIZENS AND OFFICERS - Any officer or citizen of the City of Euless is hereby authorized to take up and deliver to the Animal Warden any animals mentioned in this ordinance that may be found running at large in the corporate limits of the City. SECTION 3 -2. AIJIMALS GENERALLY - RUNNING AT LARGE. A. It shall be unlawful and a nuisance for any person raising or keeping any animal or fowl to permit any such animal or fowl to run at large within the City or go upon the premises of another; provided, however, that this Sub - Section does not apply to dogs and cats, which animals shall be regulated by Sub - Section B. The City shall establish a prima facie case by proving the ownership of the animal and that it was running at large. B. That the owner or harborer of any dog or cat is re- sponsible for preventing his or her dog or cat from running at large within the City and the City shall establish a prima facie case by proving ownership or harborage of the dog or cat and that it was running at large, and the only defense to said prima facie case is that said dog or cat was stolen and was attempting to return to its owner's or harborer's premises. SECTION 3 -3. ABANDONMENT OF ANIMALS IN CITY. A. It shall be unlawful to abandon or dump any animal in the City of Euless. -4- SECTION 3 -4. ANIMALS - SLAUGHTERING. A. It shall be unlawful to maintain any property for the purpose of slaughtering any animal or animals. SECTION 3 -5. ANIMALS - BITING, SCRATCHING OR ATTACKING ANY PERSON. A. The owner of any animal that bites, scratches, or attackes any person, unprovoked, and when the person bitten was not trespassing upon the property of the owner-of the animal. SECTION 3 -6. ANIMALS - BARKING OR HOWLING. A. It shall be unlawful for anyone to harbor or keep on his premises or in or about his premises under his control, any animal which by loud or unusual barking or howling, or by noise of any type, causes the peace and quiet of the neighborhood or the occupants of adjacent premises to be" disturbed. SECTION 3 -7. ANIMALS - SANITARY CONDITION OF PENS. A. It shall be unlawful for any person to maintain any pen, enclosure, yard or area for any animal in an unsanitary, offensive, or disagreeable manner. SECTION 3 -8. RESTRICTION ON NUMBER OF DOGS, CATS, OR ANY OTHER ANIMALS OR COMBINATION OF BOTH, TO BE KEPT IN RESIDENTIAL PREMISES. A. It shall be unlawful to keep or harbor more than four dogs, cats, or any other animals or combination of these beyond the normal weaning age on any premises used or zoned for residential purposes, with the ex- ception of those listed in Section 3 -11 of this ordinance. SECTION 3 -9. STANDING OF BULL, STALLION OR JACK. A. It shall be unlawful for the owner or harborer of any bull, stallion or jack to permit or cause to be permitted the standing of any such bull, stallion or jack within the City Limits, unless the standing is in an enclosed structure. SECTION 3 -10. HOGS, SOWS, PIGS - IN CITY. A. It shall be unlawful to maintain and keep any hog, sow, or pig in the City of Euless. -5- SECTION 3 -11. RESTRICTIONS ON SIZE AND LOCATIONS OF AREA FOR KEEPING LIVESTOCK, ETC. A. It shall be unlawful to keep and maintain any mule, donkey, horse, mare, colt, bull, cow, calf, sheep, goat, cattle or livestock at a distance closer than fifty (50) feet from any building located on adjoin- ing property that is used for human habitation or on a lot or parcel of land that does not contain at least seven thousand and two hundred (7,200) square feet per animal. B. Once the requirements as stated in Section 3 -11 -A are met, thenrthe square footage that is available on said lot for the livestock to be housed on shall be a minimum of one thousand (1,000) square feet per animal. SECTION 3 -12. RIDING OR DRIVING ANIMALS ON SIDEWALKS OR STREETS. A. It shall be unlawful for anyone to ride or drive a horse or mule on a public sidewalk or within the public street right of way except on the main traveled portion of the street or right of way. SECTION 3 -13. KILLING, TRAPPING, ETC.,ANIMALS AND FOWL PROHIBITED EXCEPT IN CERTAIN INSTANCES. A. It shall be unlawful for any person to willfully wound, trap, maim, or cripple by any method any animal, bird, or fowl, or sick animal. It shall also be unlawful to kill any animal, bird, or fowl, except domesticated fowl considered as general tablefare such as chicken or turkey, within the City. This section does not apply to any City officials carrying out programs for the preservation of the health, safety, and general welfare of its citizens or destroying an injured or sick animal. B. The Animal Warden or his delegated employee shall have the right of ingress on any property within the City in order to carry out programs for the preservation of the health, safety, and general welfare of the City's citizens, and to determine the condition of an animal, bird, or fowl. But in no event shall the Animal Warden enter- a structure used for human habitation unless he first secures a search warrant. If one of the following conditions is found, the animal, bird or fowl may be impounded and the owner shall be guilty of violating this ordinance. The conditions are: 1. Abandoned without food or water for a period of more than seventy -two (72) hours. 2. Abused, (wounded, maimed, trapped, beaten or crippled) or neglected (improper feeding to main- tain normal body tone and responses, or infected with parasites) or kept or harbored in extreme weather conditions without shelter or protection. 3. Adult anigal restrained on a leash, chain, or other restraining line less than eight (8) feet in length, unless being exercised by a person in control of said animal or enclosed in an area less: than twenty (20) square feet except when the ani- mal is being restrained by the City of Euless, a licensed veterinarian, or a bona fide humane organization. C. If the Director of Public Health has reason to believe that an animal, bird or fowl is being tortured, caused to fight with another animal, bird or fowl, seriously overworked, unreasonably abandoned, un- reasonably deprived of necessary food, care, or shelter, cruelly confined, abused (wounded, maimed, trapped, beaten or crippled, or kept or harbored in extreme weather conditions without shelter or protection), or the owner or persons having custody and control over the animal, bird or fowl has been convicted in the County Court under Section 42.11 of the Texas Penal Code the Animal Warden may cause the animal, bird or fowl to be impounded in the City of Euless pound or direct that after impoundment the animal, bird or fowl may be cared for by any person or agency if the Animal Warden deems such person or agency better able to provide the care and treatment necessary to provide a healthful and peaceful environment for said animal, bird or fowl. After impoundment of the animal, bird or fowl, the Animal Warden shall within a reasonable time give appropriate notice to the owner, any society located within the City of Euless whose purpose is to provide care, food and attention to animals in distress and the local newspaper by certified mail at least five (5) days prior to a hearing to determine if the -7- animal, bird or fowl has been so mistreated. Convic- tion of the owner or person in possession and control over the animal, bird or fowl, in County Court for violation of Section 42.11 of the Texas Penal Code involving the animal, bird or fowl, shall be prima facie evidence that the animal, bird or fowl has been tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, shelter, cruelly confined, abused or improperly harbored. If after the hearing the Animal Warden determines the animal, bird or fowl has been tortured, caused to fight with another animal, bird or fowl, seriously overworked, unreasonably abandoned, unreasonably deprived of nec- essary food, dare, or shelter, cruelly confined, abused (wounded, maimed, trapped, beaten or crippled, or kept or harbored in extreme weather conditions without shelter or protection by the owner or person havinq former custody or control over said animal), then in the interest of humane treatment of the animal, bird or fowl, he shall deny return of the animal, bird or fowl and the owner and /or the person having former custody or control over said animal, bird or fowl shall never be permitted to own or have custody or control over said creature. The decision of the Animal Warden shall be issued within ten (10) days of the hearing. If the Animal Warden finds that the animal, bird or fowl has not been so treated, he shall cause the animal to be returned to the owner or person having former custody or control over the animal. If the Animal Warden denies return of the animal to the owner or person having former custody or control over the animal, he shall sell the animal to the highest bidder at an auction conducted for that purpose. Notice of the auction shall not be posted until after the five (5) day appeal period to the City Manager has expired. Notice of said auction sale shall be posted on a City Hall Bulletin Board, City Hall, 201 N. Ector, Euless, Texas, ten (10) days prior to the day of the sale. Should the animal have been boarded with a private citizen or association whose purpose is to aid animals in distress, said citizen or association shall be allowed an amount out of the proceeds of the sale equal to the per day impoundment fee permitted by Section 3 -17. If the animal has been impounded at the City Pound, the City shall be entitled to the impoundment fees permitted by Section 3 -17. The balance of the bid amount after payment of impoundment fees, if any, shall be paid to the former owner of the animal. Should the Animal Warden be unable to sell the animal at auction, he may give the animal to the Humane Society, Inc. Should the owner of the animal, bird or fowl be dissatisfied with the decision of the Animal Warden, he may appeal said decision in writing within five (5) days of receipt of the decision of the Animal Warden to the City Manager- who may affirm the decision of the Animal Warden or overrule same and order return of the animal, bird or fowl to the owner. Appeal to the City Manager shall be a public hearing with notices given as required of the Animal Warden. Decision of the City Manager shall be in writing no later than fifteen (15) days after the day of hearing. SECTION 3-14. KEEPING OF WILD ANIMALS AND REPTILES; REGULATIONS. It shall be unlawful for any person to keep or harbor any wild animal or reptile within the City limits of the City unless the same is kept in a cage sufficient to contain such animal or reptile at all times. If such wild animal or reptile be permitted or allowed to escape, the person who was keeping or harboring same immediately prior to its escape shall be guilty of a misdemeanor. SECTION 3 -15. ANIMAL WARDEN DUTIES. A. It shall be the duty of the Animal Warden and his assistants under the supervision of the Police Chief to carry out all applicable provisions of this ordi- nance and to pick up and impound all animals found to be in violation of this ordinance. SECTION 3 -16. DISPOSITION OF IMPOUNDED ANIMALS. A. Once an animal has been impounded for a period of three days and not redeemed by the owner, the Animal Warden shall at his sole judgment forthwith destroy the animal, place the animal for sale, or turn the animal over to the Department of Parks and Recreation for display in public zoos. The Department of Finance shall be in charge of selling of all impounded animals. If an animal is placed for sale by the Anima I 4rarden, the Director of Finance or his delegated agent shall have published in a newspaper of general circulation the description of the animal, the name of the owner, if any, that the sale will be for the purpose of defraying cost of impounding, the location and hour of sale and that the sale will be held on the next regular business day of the City after date of pub- lishing of notice of sale. If the animal is not sold at the sale, the animal warden may destroy it or offer it for sale again. The purchaser of any unvaccinated dog or cat shall have it vaccinated within three days after purchase or the City shall have the right of immediate return of the animal to the animal shelter. SECTION 3 -17. SHELTER FEES. A. The following shall be the fees charged as poundage for all animals except cattle, horses, cows and live- stock: 1. For taking in, impounding and care of animal. .$10.00 2. Age is less than normal weaning age . . . . . .$ 2.00 3. If animal has not been vaccinated, the current vaccination fee will be paid before release of animal . . . . . . . . . . . . . . . . . . . . $ 5.00;. -Current fee charged by local veterinarians - subject to change without notice. B. The following shall be the fees charged as poundage for all cattle, horses, cows and livestock: 1. For taking up, impounding and care of animal. .$25.00 C. The fee for newspaper advertisement. The actual cost as determined from time to time; and in the event more than one animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals sold or redeemed. D. The following shall be the fees charged for handling and disposing of dead animals: The City animal control forces shall collect all doqs, cats or etc., from veterinarians or animal hospitals for acharge of . . . . . . . . . . . . . . . . . . . . $ 2.00 per animal Livestock . . . . . . . . . . . . . . . . . . . . . $15.00 E. All fees may be changed by the City Manager or the City Council without notice. The fee schedule shall be posted in the City offices for ten (10) days and will become effective at the end of this period. SECTION 3 -18. SALE OF BABY CHICKS, ETC., AS PETS OR NOVELTIES PROHIBITED. It shall be unlawful for any person to sell, offer for sale, barter or give away baby chicks, ducklings or other fowl, rabbits or hamsters as novelties, whether or not dyed, colored or otherwise artificially treated; provided, however, that this section shall not be construed to prohibit the display or sale of natural chicks, ducklings or other fowl in proper brooder facilities for hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes,'or the sale of rabbits or hamsters as pets. SECTION 3 -19. REDEMPTION. The owner of any impounded animal may reclaim same as follows: A. Before sale by: 1. Paying all accrued expenses. B. After sale by: 1. Paying the purchaser the amount paid by him for the animal and his reasonable expense incurred in the buying and caring for such animal; provided that the owner so redeems the animal within thirty (30) days after the date of sale; otherwise, the animal shall become the absolute property of the purchaser. SECTION 3 -20. SALE LIABILITY. A. The City does not in any way warrant the title or owner- ship of any animal sold at the pound and in the event any lawsuit is filed by the prior owner or anyone having an interest in the animal, the purchaser of said animal agrees to indemnify the City and accept the full respon- sibilities in regard to the suit. The City does not warrant the health or physical condition of any animal which it may sell. SECTION 3 -21. ANNUAL IMMUNIZATION OF DOGS, CATS, OR ANY OTHER ANIMAL REQUIRED - AND VACCINATION TAG REQUIREMENT. A. It shall be unlawful for any person to own or keep any dog, cat, or any other animal beyond the normal weaning age in the City unless the dog, cat, or other animal is immunized annually against rabies by a state licensed veterinarian in an amount sufficient to produce an immunity. Young dogs, cats, or other animals shall be vaccinated within thirty (30) days after they have reached the normal weaning age. Unvaccinated dogs, - 11 - cats, or other animals acquired or moved into City shall be vaccinated within thirty (30) days after purchase or arrival unless under normal weaning age. B. The veterinarian shall supply the owner of an animal that he has vaccinated a vaccination tag which will have stamped upon it the veterinarian's name and vaccination certificate number. It shall be unlawful for the owner to have, harbor or keep, or to cause or permit to be harbored or kept, any dog or cat without a current vaccination tag fastened securely to a harness or collar worn about the shoulders or neck of the dog or cat. SECTION 3 -22. VACCINATION CERTIrICATE REQUIRED: DISPLAY UPON REQUEST. A. Every person owning or keeping any dog or cat immunized against rabies, as provided in Section 3 -20, shall pro- cure a written vaccination certificate, signed by the veterinarian administering the vaccine, giving an accurate description of the animal, date of immunization, and the name and address of the owner. B. The Animal Warden or his duly delegated employee or any Police Officer may request to see vaccination certificate at any time, and the failure of said owner or person in possession of said dog or cat, to exhibit said vaccin- ation upon request, shall constitute an offense under this article. C. All dogs six months of age or over which are kept, harbored, or maintained by their owners within the corporate limits of the City shall be licensed and vaccinated. Dog licenses shall be issued by the City Treasurer or by his agents upon payment of $1.00 For each dog. Before a dog license will be issued, the owner of the dog must present a certificate from a licensed veterinarian showing that said dog has been vaccinated within the preceding twelve months. The owner shall state his name and address, and the breed, color and sex of the dog to he licensed. Said license shall be good for the calendar year, January 1st to December 31st. D. Upon payment of the license fee, the City shall issue to the owner a license certificate and a metal taq having stamped thereon the year for which it is issued, and the number corresponding with the number on the -12- certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the City Treasurer or his agents upon presen- tation of the receipt showing the payment of license fee for the calendar year. Dog tags shall not be trans- ferable from one dog to another, and no refunds shall be made. SECTION 3 -23. DESTRUCTION OF CERTAIN DOGS AUTHORIZED. Any Police Officer, Health Officer, Animal Warden or their designated assistants may kill any female dog in heat, any dog suspected of having rabies, or any dog manifesting a disposition to bife which such dogs are found at large. SECTION 3 -24. ANIMALS SUSPECTED OF RABIES; HELD FOR OBSERVATION. A. Every stray animal that has rabies, or symptoms thereof, or any stray animal that bites, scratches or otherwise attacks any person within the City of Euless, shall be impounded and held in strict isolation for a period of ten (10) days for observation in the City Animal Shelter. B. The owner, keeper or person in charge of any animal that has rabies, or that has been exposed to rabies, or that has symptoms thereof, or that has bitten, scratched or otherwise attacked any person within the City of Euless, shall, on demand, turn over said animal to the Animal Warden or his duly delegated employee. C. Every animal that has rabies, or symptoms thereof, shall be held in strict isolation for a period of ten (10) days for observation in the City Animal Shelter or any licensed veterinary hospital of the owner's choosing within the City Limits. D. No animal so held or confined for observation of rabies shall be released to the owner until a licensed veterin- arian or Animal Warden or his designated agent certifies that the animal has been held for the specific time and is demonstrating no clinical symptoms of rabies. E. The body of any animal that has died of rabies sh<i11 riot be disposed of except as directed by the Animal Warden or his duly designated employee. _13- F. All examinations by a veterinarian shall be at the owner's expense. SECTION 3 -25. DOG OR CAT THAT BITES PERSON; CONFINEMENT; NOTICE TO OWNER; EXAMINATION; RELEASE OR DESTRUCTION. A. This section is applicable only to dogs and cats under certain circumstances and does not apply to dogs or cats that have rabies, or symptoms thereof, or that have been exposed to rabies or that have not been vaccinated and licensed in accordance with the provisions of this ordinance. B. It shall be the duty of the Animal Warden or his duly designated emlloyee when a complaint is received that a dog or cat has bitten a person to take the dog or cat into custody and to notify the owner of the doq or cat if known. The dog or cat shall be held in strict isolation for observation for a period of ten (10) days in the City Animal Shelter or in any licensed veterinary hospital of the owner's choosing within the City Limits, unless the owner agrees to the following: 1. Have the dog or cat examined by a licensed veterinarian or the Animal Warden or his duly designated aqent and if it be found after such an examination that the dog or cat has no clinical symptoms of rabies and has been immunized in compliance with Section 3 -20 of this article, then said doq or cat may be released to the owner upon his signing an agreement to have the animal penned up for observation for a ten (10) day period and to have the animal re- examined by a licensed veterinarian or the Animal Warden. If said dog or cat has not been immunized as required by Section 3 -20 hereof, then such animal shall be con- fined at the owner's expense, in accordance with Section 3 -22. In any case, the dog, cat or other animal while penned up for observation during the ten (10) day period shall be made accessible for observation by the Animal Warden or his duly desig- nated agent at any time upon request being made. 2. If upon re- examination, the dog or cat is found to have rabies or is suspected of having rabies, such dog or cat shall be returned to the Animal Warden or his duly designated employee and confined in accordance with Section 3 -22 until a definite diagnosis has been made. -14- SECTION 3-26. REMOVAL AFTER OBSERVATION PERIOD. A. Dogs, cats or other animals which are not removed from the City Animal Shelter within twenty -four (24) hours after the expiration of the ten (10) day observation period shall be impounded and may be sold or destroyed or disposed of in the manner permitted by Section 3 -16. SECTION 3 -27. REPORTING OF RABIES CASES BY VETERINARIANS. A. All veterinarians will report in writing all clinical or suspected cases of rabies under their care, to the Animal Warden or his duly designated employee within twentyTfour (24) hours after the animal is admitted to a hospital or visited, (1) giving location of the veterinary hospital, (2) names and address of the owner, (3) location of the animal, (4) names and addresses of persons bitten, and (5) a negative statement if no persons were bitten. SECTION 3 -28. ANIMALS WHICH HAVE DIED OF RABIES. A. The heads of animals that have died of rabies or are suspected of having died of rabies shall be turned over to the Animal Warden or his duly designated em- ployee or a licensed veterinarian for dispatch to an authorized laboratory for diagnosis. SECTION 3 -29. DUTY OF PERSON KNOWING OF ANIMALS EXHIBITING SYMPTOMS OF RABIES. A. Whenever any animal is infected with rabies or sus- pected of being infected with rabies or has been bitten by an animal known or suspected of being in- fected with rabies, the owner of the animal or any person having knowledge thereof, shall immediately notify the Animal Warden or his duly designated em- ployee where the animal may be found, and all par- ticulars of the incident. SECTION 3 -30. DUTY OF OWNER OF DOG OR OTHER ANIMAL BITTEN BY RABID ANIMAL OR ONE SUSPECTED OF BEING RABID. A. The Animal Warden or his duly delegated employee shall serve notice in writing upon an owner of any animal known or suspected of being infected with rabies, re- quiring said owner to have said dog, cat or other animal examined by a licensed veterinarian within twenty -four (24) hours and said animal confined until the ten (10) day observation period of the suspected rabid animal is over and there is a definite diagnosis shown. -15- B. Upon a diagnosis that the suspected rabid animal is infected with rabies, the following shall be followed: 1. In the case of dogs or cats or other animals which have not been vaccinated in accordance with this ordinance, or previously vaccinated within three years with the LEP Flury strain of vaccine or with- in two years with the HEP strain of vaccine, such animal shall be immediately destroyed by a licensed veterinarian or by the Animal Warden or his duly designated employee, or the owner, if unwilling to have this done, shall have the animal vaccinated and placed in strict isolation in a licensed veterinary hospital within the City for a period of six (6) months. r 2. If the bitten dog or cat or other animal has been duly vaccinated in accordance with this ordinance or has been previously vaccinated within three years with the LEP Flury strain of vaccine or within two years with the HEP strain of vaccine, the animal shall immediately be re- vaccinated and said animal be confined (leashed or penned) within the City for thirty (30) days, or the animal shall be destroyed under the supervision of the Animal Warden or his duly designated employee. SECTION 3 -31. HEADINGS. The headings of the several sections of this ordinance immediately following each section number, or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subsection and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the head- ings are amended or re- enacted. SECTION 3 -32. PENALTY CLAUSE. Any person violating or failing to comply with any provision of this ordinance shall be guilty of a misdemeanor and fined upon conviction not less than One Dollar nor more than Two Hundred Dollars, and each day any violation or non - compliance continues shall constitute a separate offense. SECTION 3 -33. SAVINGS CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this -16- ordinance shall be declared unconstitutional, such uncon- stitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 3 -34. EXCEPTIONS AND EXEMPTIONS NOT REQUIRED TO BE NEGATIVED. In any complaint and in any action or proceedings brought for the enforcement of any provision of this ordinance, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this ordinance, and the burden of proof of any such exception, excuse, proviso, or exemption, shall be upon the defendant. SECTION 3 -35. EMERGENCY. The fact that the present ordinances and regulations of the City of Euless are inadequate to properly control the harbor- ing and care of animals or injury to humans, creates an emergency for the immediate preservation of the public busi- ness, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Euless, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS this 2� rd ATTEST: day of March 1976 -za&2 zllv"�/ City Secretary APPROVED AS TO FORM: l City Attorney -17- V�Vffl � W-A r WA .L/