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HomeMy WebLinkAbout94 04-08-1958ORDINANCE NO. 94 AN ORDINANCE ESTABLISHING THE OFFICE OF ANIMAL WARDEN, PRESCRIBING THE DUTIES OF SUCH OFFICER AND OTHER RE- LATED MATTERS; PROVIDING RULES END REGULATIONS FOR THE IMPOUNDMENT OF STOCK; PROHIBITING ANIMALS AND FOWLS FROM RUNNING AT LARGE; REQUIRING THE LICENSING AND VAC- CINATION OF DOGS; PROHIBITING DOGS FROM RUNNING AT LARGE; PROVIDING RULES AND REGULATIONS FOR TIIE IMPOUNDMENT OF DOGS; PROVIDING FOR TILE CONFINEMENT OF CERTAIN TYPES OF DOGS; PROHIBITING THE KEEPING OF BARKING DOGS; PROVIDING FOR TIDE DESTRUCTION OF CERTAIN DOGS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUIESS, TEXAS: ARTICLE 1. CITY ANIMAL WARDEN Section 1.01. Establishment of Office. There shall be and is hereby created the office of Animal. Warden for the City of Euless, Texas. Section 1.02. Appointment of Animal Warden. The Mayor with approval of the City Council shall appoint and employ an Animal Warden and si ch assistants as may be required, and the compensation of such officers shall be such as is authorized from time to time by the City Council, Section 1.03. Duties of Animal Warden. It shall be the duty of said Animal. Warden to take up any and all horses, mules, cattle, sheep, swine and goats, or other animals that may be found in and upon any street, alley, or in or upon any vacant or unenclosed lot in said city, and to confine them for safe keeping. Said Animal Warden shall keep a record of all animals received and dis- charged by him, giving marks and brands as well as flesh marks, and when any animal is taken from the custody of the Animal Warden by any owner or his agents, such owner or agents shall sign a receipt for the animal or animals so taken, giving a description corresponding with the records in charge of the Animal Warden, and state on such receipt the amount paid as charges against such animal or animals. Section 1..04. 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 1.05. Fees. For each and every animal taken and impounded there shall be paid to the City Treasurer by the owner thereof or his agents th° sum of $3.00 for the taking up and impounding of same, and the further sum of $1.00 per day for each and every day except the first day that the animal shall remain in the custody of the Animal Warden. Such fee be- ing charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accordance with the provisions of this article, the further sum of $2.00 shall be charged for selling same. And further, for each male animal capable of breeding, such as boars, stud horses, jacks or bulls, found running at large and impounded, there shall be an additional charge of $5.00 each which shall be paid by the owner or his agent for the impounding of same. Section 1.06. Ri hts of Owners of Impounded Stock. Any person who may own any animal heretofore named which has been impounded shall have the right to take possession of such animal by applying to the Animal Warden and paying the fees hereinabove pro- vided for. Section 1.07. Sale of Impounded Stock. If the owner of the animal impounded as hereinbefore provided for does not either in person or by his agent apply for possession of such animal within ten days from the date cf impoundment, then the Animal Warden shall sell the said animal to the highest bidder at pub- lic auction, and the proceeds of such sale shall be delivered to the City Treasurer. Section 1.08. Duties of the Animal Warden as to Impounded Stock. It shall be the duty of the Animal Warden when any animal men- tioned in this article is impounded to immediately give notice by post- ing advertisements in three public places, one of which shall be at the front door of the City Hall, describing such animal and statiiag that if the same is not called for within ten days, and charges for taking, keeping and advertising the same are not paid, it will be sold according to law. Section 1.09. Disposition of Fees. The money received for impounding, keeping and selling all stock impounded shall be paid to the City Treasurer and receipt taken there- for, such money to be credited to the general fund of the City, and when any owner or agent shall apply for the proceeds of any animal or animals sold, upon making satisfactory proof before the City Council within six months after the date of sale, that such animal or animals at the time the same were impounded were their property, then the City Council shall allow to the claimant such an amount as shall appear to be due after dedut,ting the charge of impounding, feeding, and selling said animal. All monies not so claimed shall escheat to the City. ARTICLE 2. ANIMALS AND FOWIS AT L( >ZGE Section 2.01. Animals to be Impounded, It shall hereafter be unlawful for any person to allow or per- mit any cow, calf, steer, bull, bullock, heifer, any sheep, goat, hog, --2- horse, mare, colt, mule, jack, or jennet owned or controlled by said person to run at large, or be herded in or upon any street, or alley or in or upon any unenclosed vacant lot or common within the corporate limits of the city, or to stake out any of the animals above mentioned upon any unenclosed lot or common or any street or alley in the city limits. Section 2.02. Fowls at Large_. It shall be unlawful for any person or persons, association of persons, firm or corporation to permit, suffer or allow any chicken or chickens, ducks, turkeys, geese or other fowl, owned, kept or possessed by them or under their control to wander in or upon or invade the prem- ises of any other person, association of persons, firm or corporation within the corporate limits of the City of Duless, unless the owner or person in charge of said premises shall consent thereto. ARTICLE 3. DOGS Section 3.01. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: A. Doas: Shall mean both male and female animals of the dog kind. B. Owner: Shall mean any person or persons, firm, association, partnership, or corporation owning, keeping or harboring an animal or animals of the dog kind. C. At large: Shall mean a dog that is not confined to the premises of the owner by a substantial fence of sufficient strength and height to prevent the dog from escaping therefrom, inside the house, or other enclosure, or secured on said premises by a leash of sufficient strength to prevent the dog from es- caping from said premises, and so arranged that the dog will remain upon said premises when the leash is stretched to full length in any direction. Pro- vided, however, that a dog shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and length to control the actions of the dog, or while confined within a vehicle. D. Vaccination: Shall mean an injection of a vaccine for rabies, approved by the State Veterinarian, and administered by a licensed Veterinarian. 3 .. Section 3.02. License and Vaccination Required,. 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 certi- ficate from a licensed veterinarian showing that said dog has been vac- cinated within the preceding twelve months. The owner shall state his name and address, and the breed, color and sex of the dog io be licensed. Said license shall be good for the calendar year, January 1st to'Decenber 31st. Section 3.03. Tai and Collar. Upon payment of the license fee, the City shall issue to the owner a license certificate and a metal tag having stamped thereon the; year for which it is issued, and the number corresponding with the number on the certificate. Such tag shall at all times be securely at- tached 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 presentation of the receipt showing the payment of license fee for the calendar year. Dog tags shall not be transferable from one dog to another, and no refunds shall be made. Section 3.04. Running -at Large No owner of any dog shall permit such dog to run at large within the corporate limits of the city. Section 3.05. Impoundment. Any dog running at large in the City of Euless, or any dog not provided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that said dog has been vaccinated, shall be impounded by the Animal Warden, Chief of Police, Health Officer, or their authorized representatives, and im- pounded in a place provided for that purpose, and if such dog is not called for by the owner within thirty six ours after impoundment, the dog shall be destroyed humanely. Provided, however, that the owner of any dog impounded shall be permitted to repossess such dog upon the pay- ment to the City Treasurer of a pound fee of $5.00, if the dog is cur- rently vaccinated and licensed as required by this code. Otherwise, the pound fee shall be $10.00, and the dog shall be vaccinated and li~ pensed as required by this code, and at the ownerps expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. Section 3.06. Confinement of Certain Dogs„ No dog of fierce, dangerous, or vicious propensities, nor a fe- male dog in heat shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park or other public place in the city, whether or not said dog is under control by means of a leash, chain or otherwise. Provided, however, this section shall not apply to such dogs when con- fined Within a vehicle. GLl: Section 3.07. Vicious Dogs. Any dog which has bitten two or more persons shall be deemed to be vicious, and shall be removed from the corporate limits of the city within twenty --four hours from the time notice is given to the owner, otherwise the dog shall be impounded and destroyed in a humane manner. Section 3.08. Procedure when Doa Bites Person. If a dog has bitten, scratched or otherwise attacked a person, the owner of such dog, or any person having knowledge of such incident, shall immediately notify the Chief of Police and the Health Officer, and such dog shall be confined in the city pound or at a veterinary hos- pital for a period of ten days at the owner=s expense, or shall be im- mediately and securely confined by the owner by tying with a chain of good quality for a period of fourteen days in such a place that no per- son or animal may be bitten by it, and such dog shall, during such period of confinement, be subject to inspection from time to time by the Health Officer or a licensed veterinarian. Section 3.09. Quarantining of Animals Exposed to Rabies. Any animal that has rabies or symptoms thereof, or that is sus- pected of having rabies, or that has been exposed to rabies, shall, at the owners option, and at the owner=s expense, be at once delivered to the Animal Warden-for disposal, or confined ka a veterinary hospital, or immediately and securely confined by tying with a chain of good quality, and kept under supervision of the Department of Health for a period of not less than sixty days. Section 3.10. Reporting Rabid Dogs. It shall be the duty of all practicing veterinarians to report to the Health Officer all cases of rabies with which he comes in con- tact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies. Section 3.11. Barking Dogs Any person who shall harbor or keep on his premises, or in his control, any dog which by loud or unusual barking or howling, shall cause the peace and quiet of the neighborhood, or the occupants of ad- jacent premises to be disturbed, shall be guilty of a misdemeanor. Section 3.12. 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 bite when such dogs are found at large. ARTICLE 4. Any person violating any provision or provisions of this ordi- nance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not exceeding $200.00. t - 5 - ARTICLE 5. This ordinance is not intended to repeal any other ordinance now existing but shall be accumulative of any other ordinance concern- ing this subject matter. ARTICLE 6. If any section or any part of any section or paragraph of this ordinance is declared invalid or unconstitutional for any reason, it shall not be held to invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance. ARTICLE 7. This ordinance shall be effective from and after its passage and publication. PASSED AND ADOPTED, this the day of 1958. 1 . . CITY I,Thos.A.Kennard,City Secretar3i of the City of Euless,Texas, do hereby certify that the foregoing instrument is a true and correct copy of ordinance # 9/4 duly presented and adop- ted by the City Council of the City of Euless,Texas on the 8th day of April;A.D.1958. SEAL