HomeMy WebLinkAboutOrdinance 3022ORDINANCE NO. 3022
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
AMENDING ARTICLE XII OF CHAPTER 14 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES BY CHANGING CERTAIN
TERMINOLOGY AND BY ALTERING THE RESTRICTIONS ON
RESTRAINING ANIMALS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, city staff has recommended alteration of current regulations concerning
the use of restraints for dogs and puppies to more adequately protect
against inhumane treatment of such animals; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. That Article XII of Chapter 14 of the North Richland Hills Code of
Ordinances of the City of North Richland Hills, Texas is hereby amended
by amending Sections 14-391, 14-392, 14-395, 14-398 and 14-400, to
read as follows:
"Sec. 14-391. Impoundment generally.
Animals owned or harbored in violation of this chapter or law of the state shall be taken
into custody by a humane officer or other designated official and impounded under the
provisions of this chapter.
Sec. 14-392. Disposition of impounded animals.
(a) Dogs and cats with no identification. All dogs and cats impounded by the
humane division or brought to the animal adoption and rescue center by a person other
than the harborer or owner of that animal shall be held for a minimum of 96 hours during
which time period the owner may present proof of ownership at the center and after
paying all applicable fees, that owner may reclaim the dog/cat. In the event that the
dog/cat is not claimed after 96 hours in the center, that dog/cat shall become the
property of the city.
(b) Dogs and cats with identification. All dogs and cats impounded by the humane
division or brought to the animal adoption and rescue center by a person other than the
harborer or owner of that animal that are wearing traceable identification or where an
owner is known shall be held in the center for a minimum of seven complete days from
the time the animal enters the facility, during which time the humane division shall notify
the owner, when known, of the impoundment. Unless the owner has notified the
humane division in writing of his intentions to claim the dog/cat after that date, listing a
date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and
this arrangements has been approved by the humane division supervisor, the animal
shall become the property of the city on the eighth day.
Ordinance No. 3022
Page 1 of 4
(c) Animals surrendered by owner/harborer. All animals surrendered by the
owner/harborer to the humane division shall become the property of the city
immediately upon completion of the owner/harborer surrender form.
(d) Animals other than dogs, cats, or estrays impounded. All animals other than
dogs, cats, estrays, or animals holding current restricted animal permits in the city
impounded by the humane division or brought to the center by a person other than the
owner/harborer shall become the property of the city unless such ownership is
prohibited by state or federal law.
(e) Disposition of animals. Final disposition of all unclaimed animals shall rest with
the humane division. The humane division or as otherwise designated by the city
manager shall retain sole authority to determine the final disposition of each animal in
its custody once that animal becomes the property of the city, and shall not place any
animal for adoption that is classified in this chapter as prohibited. Animals shall be
euthanized by an injection of sodium pentobarbital or substances approved for
euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary
Medical Association to be administered by a certified euthanasia technician. All animals
listed as endangered or protected shall be transferred to the proper authority at the
earliest possible date.
Sec. 14-395. Animals at large; restraint.
It shall be unlawful for any person owning or harboring an animal to permit such animal
to run at large. Any officer or citizen of the city is hereby authorized to take up and
deliver to the animal adoption and rescue center any animal mentioned in this chapter
that may be found "at large" in the corporate limits of the city, subject to the applicable
provisions of the law. Failure to notify and/or turn over to the humane division any such
animal within 48 hours may subject the person taking up the animal to civil and/or
criminal action. The humane officer or his agent and peace officer or as otherwise
designated by the city manager are authorized to impound any animal mentioned in this
chapter which is in violation of the chapter. In the event the animal is on private property
or property of the animal's owner the humane officer may enter the property, other than
a private dwelling, for the purpose of impoundment or issuance of a citation, or both,
subject to the applicable provisions of the law.
(1) It shall be unlawful for any animal to "run at large" as defined in section 14-2 of
this chapter.
(2) No dog or puppy may be restrained by a chain or tether unless the person is
holding the chain or tether.
(3) The prohibition of subsection (2) does not apply to a temporary restraint:
(a) during a lawful animal event, veterinary treatment, grooming, training, or law
enforcement activity; or
Ordinance No. 3022
Page 2 of 4
(b) that is required to protect the safety or welfare of a person or the dog, if
the dog's owner or handler remains with the dog throughout the period of restraint.
(c) A person restraining a dog with a chain or tether shall attach the chain or
tether to a properly fitted collar or harness worn by the dog. A person may not wrap a
chain or tether directly around the dog's neck. A person may not restrain a dog with a
chain or tether that weighs more that 1/18 of the dog's body weight. A chain or tether
used to restrain a dog must, by design and placement, be unlikely to become entangled.
(d) A person may not restrain a dog in a manner that does not allow the dog
to have access to necessary shelter and water.
(e) A person may not restrain a dog in a manner that allows the dog to move
outside the person's property.
Sec. 14-398. Surrender of animals.
There shall be a fee for surrender of animals by owner/harborer to the animal adoption
and rescue center.
(1) Small animals. For small animals such as dogs or cats, a fee shall be charged
per animal. In the event a litter (under 60 days of age) is surrendered the charge shall
be the same as a single animal, with or without the mother. The same charge shall
apply to dead animals which are picked up by the humane officer at the request of the
owner.
(2) Large animals. For large animals such as horses, cows, goats, sheep and pigs,
a fee shall be charged per animal.
(3) Surrendered animals from other cities. Owners of animals who reside outside
the city who bring their animals to the center shall pay a fee.
Sec. 14-400. Control notice.
Where violations of restraint requirements are observed, any humane officer or as
otherwise designated by the city manager may issue a control notice in lieu of a citation.
The control notice will stipulate the violation observed, associated fees and a
compliance date, as well as a waiver provision providing that the person to whom the
control notice is issued waives all rights to protest such notice and waives all rights to a
hearing on the issue relating to that notice. All associated fees shall be paid to the
humane division. Failure to pay the associated fees by the compliance date or failure to
waive rights by the compliance date shall constitute a violation of this article and may
result in the issuance of a citation."
SECTION 2. Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed five hundred Dollars ($500.00). Each day any such
Ordinance No. 3022
Page 3 of 4
violation shall be allowed to continue shall constitute a separate violation
and punishable hereunder.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal
or invalid, 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, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 4. This Ordinance shall take effect immediately from and after its passage.
SECTION 5. The City Secretary is hereby authorized and directed to cause the
descriptive caption and penalty clauses to be published as provided for by
law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 13th day of October, 2008.
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Patricia°~1Tson, City Secretary
CITY OF O TH LAND HIL
By:
Oscar Trevino, Mayor
APPR TO F RM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
v~'~ ;~
Jo n Stout, Director of Neighborhood Services
Ordinance No. 3022
Page 4 of 4
INVOICE Preview
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn STACEY HARRISON
CITY OF NOF
ILLS I3580
City of North Rich-
land Hills amending
Sales Discount Article xl of Chapter
14 of the North
Richland Hills Code
of Ordinances by
changingg certain
Misc Fee terminol0 y and by
altering the mstric-
tions on restraining!
animalsi providing a
severabllity clause;
providing a penaltyi
and providing an
effective date.
Any person, firm or'
corporation violating.
any provision of the,
Comprehensive Zon-
ing Ordinance as
amended hereby
shall be deemed
guilty of a misde
meanor and upon
final conviction
thereof fined in an
amount not to ex-
ceed five hundred
Dollars ($500.00).
Each day any such
violation shall be
allowed to continue
shall constitute a
Customer ID: C
CIT13
Invoice Number: 3
301376071
Invoice Date: 1
11/16/2008
Terms: N
Net due in 21 days
Due Date: 1
11/30/2008
PO Number:
Order Number: 3
30137607
Sales Rep: 0
073
Description: C
CITY OF NORTH RI
Publication Dates:l l /13/2008 - 11/16/200
($8.50)
$5.00
Net Amount: $41.10
CHRISTY L. HOLLAND
My 52011rsls
s
THE STATE I and punishable
County of Tay Passed Approved
on this 13th day of
October, 2008.
Before me, a o ar Trevino �Onnavor )r said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star
Telegram, pu A : ,, Hutson !egram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipr Pat «et Hutson - city nt was published in the bove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-75( FORM LEGAL-
ITY:
/s/Geor a staples SI ned
George Staples - City g
Attorn / 1
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, ovem 18, 2008.
Notary
Thank You For Your Payment
---------------------------------------------
_._._.- __... -._ _..._.._.........__.._._—_______..._._.. V._ _________._.._.._..._______ --..
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT 13
CITY OF NORTH RICHLAN
301376071
$41.10