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HomeMy WebLinkAboutOrdinance 1412 INDEX ARTICLE 1 ------------------------------------------------ Preamble ARTICLE 2 ------------------------------------------------ Definitions ARTICLE 3 ------------------------------------------------ Dogs and Cats ARTICLE 4 ------------------------------------------------ Kennels ARTICLE 5 ------------------------------------------------ Estrays ARTICLE 6 ------------------------------------------------ In General ORDINANCE NO. 1412 Be it ordained by the City Council of the City of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE The animal control regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the City of North Richland Hills. The ordinance contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of the regulations, prohibitions, and provisions is to protect values within the City of North Richland Hills, to enhance the quality of life of persons, pets, and other animals and to protect the general public from damage and injury which may be caused by unregulated animals. ARTICLE 2. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: SECTION 1. (A) OWNER: Any person who has right of property in an animal. (B) HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of 10 days. (C) DOMESTIC ANIMAL: Shall include all species of animals commonly and universally accepted as being domesticated. (D) WILD ANIMAL: Shall include all species of animals which exist in a natural unconfined state and are usually not domesticated. (E) PET ANIMALS: Shall include dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet but shall not include skunks, non-human primates, and any other species of wild, exotic, or carnivorous animal that may be further restricted in this ordinance. (F) STRAY ANIMAL: (Including Estrays) Any animal, for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the City of North Richland Hills. (G) ESTRAY: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep, goat, or any species of cattle. (H) VICIOUS ANIMAL: Any animal that constitutes a physical threat by reason of it's behavior to human beings or other animals. (I) RUNNING AT LARGE: (1) Off Premises (a) Any dog which is not restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while off premises. (b) Any cat which is off the owner's property. (2) On Premises - Any dog not confined by premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed "at large". Any animal within an automobile or other vehicle of it's owner or owner's agent shall not be deemed "at large". (J) RABIES VACCINATION: Shall mean the vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the State Department of Health and administered by a veterinarian licensed by the State. (K) QUARANTINE BY OWNER: (1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten (10) days. (2) If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape. (3) Animal must be kept away from other animals and people excepting those in the immediate household. (4) Animal may not be removed from corporate city limits of North Richland Hills while under quarantine. ARTICLE 3. DOGS AND CATS SECTION 1. IMPOUNDMENT. Animals owned or harbored in violations of this ordinance or any other ordinance or law of the State of Texas shall be taken into custody by an animal control officer or other designated official and impounded under the provisions of this ordinance. SECTION 2. DISPOSITION OF IMPOUNDED ANIMALS. If the owner of an animal is known, immediate notice shall be given to him. Any impounded animal may be redeemed upon payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the animal control officer. If such animal in not redeemed within four (4) days after notification of owner, where owner is known, it shall be deemed abandoned and may be placed for adoption, 2 SECTION 3. SECTION 4. SECTION 5. SECTION 6. subject to payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges, and such other costs as set by the animal control officer, or the animal control officer may humanely euthanize said animal by injection or other means approved by the City Council. DISPOSITION OF IMPOUNDED ANIMAL BEING HELD ON COMPLAINT. If a complaint has been filed in Municipal Court for the City of North Richland Hills against the owner of an impounded animal for a violation of this ordinance the animal shall not be released except on the order of the court which may also direct the owner to pay any penalties for violation of this ordinance in addition to all impounded fees. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this ordinance. REMOVAL OF DOGS & CATS FROM CONFINEMENT. It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency. ANIMALS AT LARGE. 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 of North Richland Hills is hereby authorized to take up and deliver to the office of the animal control officer any animal mentioned in this ordinance 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 animal control officer any such animal within forty-eight (48) hours may subject the person taking up the animal to civil and/or criminal action. The animal control officer or his agent and peace officers are authorized to impound any animal mentioned in this ordinance which is in violation of the ordinance. In the event the animal is on private property or property of the animal's owner, the animal control officer, his agent, or peace 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. CONFINEMENT DURING ESTRUS. Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure and said area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital, or animal shelter. All expenses incurred as a result of this confinement shall be paid by the owner. Failure to comply with the removal order of the animal control officer shall be a violation of this ordinance and the dog or cat will then be impounded as prescribed in this ordinance. 3 SECTION 7. SECTION 8. SECTION 1. FEES. The following fees are established beginning with and the effective date of this ordinance. (A) IMPOUNDMENT OF NEUTERED ANIMAL First Impoundment---------------------$10.00 Second Impoundment--------------------$10.00 Third Impoundment---------------------$20.00 Boarding Fee--------------------------$ 4.00 per day Quarantine Fee------------------------$ 6.00 per day (B) IMPOUNDMENT OF UN-NEUTERED ANIMAL First Impoundment-----------------$25.00 Second Impoundment----------------$25.00 Third Impoundment-----------------$40.00 Boarding Fee----------------------$ 4.00 per day Quarantine Fee--------------------$ 6.00 per day A $15.00 refund will be given if proof that the animal has been neutered is presented within thirty (30) days of the initial impoundment. (A) All dogs and cats which are adopted through the North Richland Hills Animal Shelter shall be surgically altered to prevent reproduction in that animal. The person adopting animal shall sign an agreement stating that he/she will have said adult dogs and cats (females over six (6) months of age; males over nine (9) months of age) surgically altered within thirty (30) days of adoption. Immature dogs and cats shall be altered by date designated in the adoption agreement. (B) It shall be the responsibility of the person adopting to provide proof of altering to the Animal Control Division. (C) Failure to comply with this section or failure to comply with the terms of either of the above agreements shall give the Animal Control Supervisor the right to recover the adopted animal in question and revoke the owner's permit. Such failure shall also constitute a violation of this ordinance. (D) The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. ARTICLE 4. KENNELS A kennel is defined as an establishment designed or used for the boarding. selling or breeding of animals where more than 3 dogs and 2 cats or 3 cats and 2 dogs are to be boarded, sold or bred. A kennel shall not be allowed until a kennel permit is issued by the City of North Richland Hills. The Animal Control Supervisor shall determine, after inspection, whether or not such permit shall be issued. No permit shall be issued for a kennel to operate within 1,000 feet of any residence. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels, nor subject to this ordinance. 4 SECTION 2. SECTION 3. SECTION 4. Such permits shall be valid for one (1) year from date of issuance. The permit fee shall be five dollars ($5.00). REVOCATION OR SUSPENSION OF PERMIT. Any kennel permitted under this ordinance found to be in violation of any zoning law, health law, or any other applicable law of the City of North Richland Hills or of the State of Texas, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have it's kennel permit suspended or revoked without prior notice by the Animal Control Supervisor. MULTIPLE OWNERSHIP. No person shall keep or harbor more than (3) dogs and (2) cats or (3) cats and (2) dogs. Puppies and kittens under 4 months of age shall not be counted for purposes of this section. Any person, firm, or corporation wishing to keep more than (3) dogs and (2) cats or (3) cats and (2) dogs and who does not possess a kennel permit, may procure a multiple pet-ownership permit from the City. The permit once issued shall be a defense to the terms of this section. Such permit shall be issued through the office of the Animal Control Supervisor for a fee of three dollars ($3.00) and shall be valid for one year from date of issuance. Such permit contemplated by this section may be revoked by the Animal Control Supervisor if: (A) The facilities, upon inspection, show that they are inadequate for the number of animals sought to be kept. (1) Facilities shall be of sufficient size as to allow animal to move about freely. This shall apply to each animal kept. Size of facility shall be in proportion to the size of each individual animal's height and weight. (2) Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. (3) The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public. (4) The said premises must provide adequate protection from the common elements, i.e, rain, heat, cold. (B) The animals kept are causing a stench or odor which is offensive to a person of ordinary sensibilities; or 5 SECTION 5. SECTION 6. SECTION 1. (C) The animal are maintained in a manner which is dangerous to the health of the animals themselves or adjacent animals; or (D) The animals are causing noise which is offensive or dis- turbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises. (E) Citations have been issued to permit holder for any violation of this ordinance on two (2) separate occasions; or animals covered by the permit have been impounded on two (2) separate occasions. HARBORING WILD ANIMALS. It shall be unlawful to keep or harbor any wild animal within the city without a permit, except commercial establishments dealing in the sale of such animals which have proper zoning for such a commercial enterprise and have proper facilities for the restraint and care thereof. The animal control officer and the city manager or his assistant may issue a permit to allow wild animals to be kept or harbored in the city, and shall establish the conditions thereof. BARKING DOGS. Any person who shall harbor or keep on his premises, or in or about his premises under his control, any dog or animal of the dog kind which by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed shall be guilty of a misdemeanor, and a separate offense shall be deemed committed upon each day during or on which such violation occurs or continues. ARTICLE 5. ESTRAYS UNATTENDED ESTRAYS. It shall be unlawful for any person, firm or corporation to allow an estray(s) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the Corporate City Limits of North Richland Hills. The person, firm or corporation having ownership or right to immediate control of such estray(s) shall have the burden to keep such estray(s) off the public streets, alleys, and thoroughfares or the property of another in the City. Any person, firm or corporation violating any portion of this section shall be deemed guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) or more than one thousand dollars ($1000.00). 6 SECTION 2. SECTION 3. SECTION 4. IMPOUNDMENT. It shall be the duty of the animal control officer in absence of action by the County Sheriff's office, to take up any and all estrays that may be found in and upon any street, alley, or in or upon any unenclosed lot in the City of North Richland Hills, or otherwise to be found at large, and to confine such estrays for safe keeping. Upon impounding an estray, the animal control officer shall prepare a "Notice of Estray" and file such notice in the "Estray Book" located in the office of the animal control officer. Each entry shall include the following: (A) The name and address of the person who notified the animal control officer of the estray; (B) The location of the estray when found; (C) The location of the estray until disposition; (D) A description of the animal including it's breed, color, sex, age, size, all markings of any kind, and any other identifying characteristics. ADVERTISEMENT OF IMPOUNDED ESTRAYS. When an estray has been impounded, the animal control officer shall make a diligent search of the register of recorded brands in the County for the owner of the estray. If the search does not reveal the owner, the animal control officer shall advertise the impoundment of the stray in a newspaper of general circulation in the County at least twice during the next (15) days following impoundment and post a notice of the impoundment of the estray on the public notice board of the County Sub-Court House and of the City Hall. RECOVERY BY OWNER. The owner of an estray may recover possession of the animal at any time before the animal is sold under the terms of this Article if: (A) The owner has provided the animal control officer with an "Affidavit of Ownership" of the estray containing at least the following information: (1) The name and address of the owner; (2) The date the owner discovered that the animal was an estray; (3) The property from which the animal strayed; (4) A description of the animal including it's breed, color, sex, size, all markings of any kind, and any other identifying characteristics. (B) The animal control officer has approved affidavit; 7 SECTION 5. SECTION 6. (C) The affidavit had been filed in the "Estray Book"; (D) The owner had paid all estray handling fees to those entitled to receive them; (E) The owner had executed an "Affidavit of Receipt" containing at least the following information; (1) The name and address of the person receiving the estray; (2) Date of receipt of estray; (3) Method of claim to estray (owner, purchaser at sale); (4) If purchased at sale, the amount of gross purchase price; (5) Amount of estray handling fees paid; (6) The net proceeds of the sale. (F) The animal control officer has filed the "Affidavit of Receipt" in the "Estray Book". FEES. For each and every estray taken and impounded there shall be paid to the City of North Richland Hills by the owner thereof or his agents the sum of fifty (50) dollars for the taking and impounding of the estray and the further sum of ten (10) dollars per day, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the animal control officer. Such fee being charged for the caring and feeding of such animal. The owner shall also pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the City. SALE OF ESTRAY. If the ownership of an estray is not determined within fourteen (14) days following advertisement required by this Article, title to rests in the City and the animal control officer cause the estray to be sold at a public auction. the final the estray shall then Title to the estray shall be deemed vested in the animal control officer for purposes of passing a good title, free and clear of all claims to the purchaser at the sale. The purchaser of estray at public auction may take possession of the animal upon payment thereof. The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: 8 (A) Pay all handling fees to those entitled to receive them; (B) Execute a report of sale of impounded stock; (C) The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the animal control officer to the City Treasurer. Such net proceeds shall be subj ect to claim by the original owner of the estray as provided herein. (D) If the bids are too low, the animal control officer shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure. SECTION 7. RECOVERY BY OWNER OF SALE PROCEEDS. Within twelve (12) months after the sale of an estray under the provisions of this Article the original owner of the estray may recover the net proceeds of the sale that were delivered to the City Treasurer if: (A) The owner has provided the animal control officer with an affidavit of ownership; (B) The animal control officer has approved the affidavit; (C) The approved affidavit has been filed in the Estray Book. After the expiration of twelve (12) months from the sale of an estray as provided by this Article, the sale proceeds shall escheat to the City. SECTION 8. USE OF ESTRAY. During the period of time an estray is held by one who impounded the estray, the estray may not be used by any person for any purpose. SECTION 9. DEATH OR ESCAPE OF ESTRAY. If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer. The report shall be filed in the Estray Book. SECTION 10. BREEDING OF ANIMALS. It shall be unlawful for the owner or harborer of any animal listed in this Article to knowingly permit or cause to be permitted the breeding of any such animal within the public view. SECTION 11. ENCLOSURES. It shall be unlawful for any person to keep any horse, cow, cat tIe, sheep, or goat wi thin one-hundred (100) feet of another residence or occupied building, or any hog within five-hundred (500) feet of another's residence or occupied building. 9 SECTION 1. SECTION 2. SECTION 3. SECTION 4. ARTICLE 6. IN GENERAL VACCINATIONS. Every owner of a dog or cat four (4) months of age or older shall have such animal vaccinated against rabies. All such dogs or cats shall be re-vaccinated at one (1) year intervals thereafter. Any person establishing residence within the City of North Richland Hills shall comply with this ordinance within ten (10) days of establishing such residency. If an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the city limits a rabies vaccine shall not be administered to the dog or cat until after a ten (10) day observation period beginning with the date of the bite, scratch, or attack. CERTIFICATE OF VACCINATION. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate and one copy shall be filed with the owner. Such certificate shall contain the following information: (A) The name, address, and telephone number of the owner of the vaccinated dog or cat. (B) The date of vaccination. (C) The type of rabies vaccine used. (D) The year and number of the rabies tag. (E) The breed, age, color, and sex of the vaccinated dog or cat. RABIES TAG. Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. LICENSE REQUIRED. All dogs and cats four (4) months of age or older which are kept, harbored, or maintained within the corporate limits of the City shall be licensed. Cat and dog license shall be issued by the animal control officer or his agent upon payment of the required fee for each cat or dog. The license fee for cats and dogs, shall be $3.00. Before a City license will be issued, the owner of the cat or dog must present a certificate from a licensed veterinarian showing that said cat or dog has been vaccinated within the preceding twelve (12) months. If the veterinarian is unable to verify the same or such prior vaccination now undocumented, the owner shall sign an affidavit stating the veterinarian or clinic, the address, date and O\ffier of the animal at the time the vaccination occurred. The owner shall state his name and address, and the breed, color, and sex of the cat or dog to be licensed. Said license shall be good for one year from date of issuance. 10 SECTION 5. TAG AND COLLAR. Upon payment of the license fee, the City shall issue to the owner a license certificate and a metal tag having stamped thereto on the year for which it is issued and the number corresponding with the number of the 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 animal control officer or his agent upon presentation of the receipt showing the payment of license fee for the calendar year. Tags shall not be transferable from one animal to another, and no refunds shall be made. REVOCATION OF REGISTRATIONS (A) The Animal Control Supervisor or his designate may revoke any cat or dog registration after a hearing for any one or more of the following reasons: (1) Impoundment of a cat or dog by the City more than three (3) times during a twelve (12) month period. (2) More than three (3) final convictions of a person for violating this article when such convictions relate to the cat or dog which is being considered for revocation of its registration certificate. (3) Any combination of (1) and (2) totaling three (3) incidents. (4) Upon a determination that the cat or dog is a vicious cat or dog, as defined by this article. (B) Upon revoking the registration of any cat or dog, the Animal Control Supervisor shall notify the owner of the cat or dog of said action in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited in the U. S. Mail. (C) Upon the expiration of ten (10) days after written notification of revocation is deposited in the U.S. Mail, as provided above, no cat or dog which has had its registration revoked shall be kept, maintained, or harbored within the City limits. REPORTING BITES. Every physician or other medical practitioner who treats a person or persons for any animal bite shall within twelve (12) hours report such treatment to the North Richland Hills Police Department or animal control officer, giving the name, age, sex, and precise location of the bitten person or persons and such other information as the officer or agency may require. 11 SECTION 6. SECTION 7. SECTION 8. SECTION 9. REPORTING SUSPECTED RABIES. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat, or other domestic or wild animal shall immediately report the incident to the North Richland Hills Police Department or animal control officer, stating precisely where such animal may be found. If a known or suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. CONFINEMENT OF DOGS AND CATS. Any owned dog or cat which has bitten a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance with State Law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment in the North Richland Hills animal shelter, or at any veterinary hospital of the owner's choice. Such confinement shall be at the expense of the owner. Stray dogs and cats whose owner cannot be located shall be confined in the North Richland Hills animal shelter for a period of three (3) days and if unclaimed shall be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce said dog or cat for impoundment. as prescribed in this section. Home quarantine as defined in Article 1, Section 1-K may be allowed only in those incidences where permitted by State Law and agreed to by the Animal Control Officer. Refusal to produce said dog and cat constitutes a violation of this section, and each day of such refusal shall constitute a separate and individual violation. Any wild animal which has bitten a person shall be caught and killed and the brain submitted for rabies examination. Rodents, rabbits, birds, and reptiles are not considered to be transmitters of the rabies virus and shall not be submitted for laboratory examination for rabies. CREATING A HEALTH HAZARD. Any person who shall harbor or keep on his premises, or in or about a premises under his control, any dog or cat or pet animal, and who shall allow his premises to become a hazard to the general health and welfare of the community, or who shall allow his premises to give off noxious or offensive odors due to the activity or presence of such animals. shall be guilty of a misdemeanor. VICIOUS ANIMALS. No person shall own or harbor a v~c~ous animal within the City of North Richland Hills: such an animal shall be impounded as a public nuisance. If impoundment of said animal cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. Any dog which has, on separate occasions, inflicted two (2) or more bites where police reports were taken and quarantining was required and the dog was at large at the time the incidents occurred and the bites would be considered to be unprovoked by 12 the victim(s) shall be deemed to be vicious and shall be removed from the City within 24 hours following the owner being notified, otherwise, said dog shall be impounded and destroyed in a humane manner. Any animal which kills or maimes another domestic or pet animal or kills or severly maimes an individual shall be removed from the City with 24 hours following the owner being notified, otherwise, said dog shall be impounded and destroyed. SECTION 10. GUARD DOGS. All dogs kept solely for the protection of persons and property. residential, commercial or personal, shall be registered with the North Richland Hills Police Department. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letter not less than two (2) inches high, stating "GUARD DOG ON PREMISES". Said area or premises shall be subject to inspection by the Animal Control Supervisor to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent it's coming in contact with the public. Said dog shall be issued a tag varying in color from City license tag, so designating that animal's function for a $5.00 fee. Said tag shall be attached to the collar or harness of the dog at all times, and shall bear the words "GUARD OR ATTACK DOG". Dogs registered under Section 10 shall not be required to purchase a City license tag as designated in Section 4, but shall be required to comply with the guidelines in Section 4. SECTION 11. TAMPERING WITH TRAPS AND EQUIPMENT. No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the animal control officer~ SECTION 12. ANIMAL CARE. (A) No owner shall fail to provide his animals with sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. (B) No person shall beat, cruelly ill treat, torment, mentally abuse. overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans. (C) No person shall abandon an animal in his custody. (D) No person shall give away any live animal as a prize for, or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business; offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. 13 ~~ INTER-OFFICE MEMORANDUM TO Dennis Horvath, Assistant City Manager REF: PDMII05/86/755 P6. FROM Pam Burney, Animal Control Supervisor DATE: October 28, 1986 SUBJECT: New Animal Control Ordinance (attached) The following changes in Ordinance 1024 dealing with Animal Control are necessary to coin- cide with the operation of the new Animal Control Shelter due to open next month. The title "Captain of Uniform Patrol" has been changed to read "Animal Control Supervisor". This is necessary as a result of the structural changes within the Police Department. Animal Control is now a separate Division reporting directly to the Chief of Police. Article III, Section 7 Fees: A quarantine fee of $6.00/day has been added to cover the cost of quarantining animals in the new Shelter. This procedure requires special attent- ion and involves more time and effort on the part of Animal Control personnel to ensure that we comply with State statutes dealing with Rabies Observation. Article III; Section 8 Adoption: This Section is needed to allow for the adoption of animals from the new facility. It requires that all dogs and cats adopted from the Shelter shall be altered surgically to prevent their adding to the already enormously over grown pet population that results in millions of unwanted dogs and cats having to be euthanized each year. This Section will allow us to draw up a binding contract that will be notarized to protect this agency legally. Article IV, Section 4 Multiple Ownership: Section E has been added to allow us to re- voke the Multi-Pet Permit, where the permit holder allows the animals to run loose. We have encountered this problem several times and feel that this will enhance the enforce- ment of the Ordinance while still allowing people to keep multiple pets so long as they do not become a problem to others. Article V, Section 5 Fees: The fee for impoundment of livestock has been increased from $20.00 to $50.00 to cover the cost of picking up livestock and transporting them to the Shelter. The daily board fee has also been increased to cover the cost of maintaining, feeding and caring for these larger animals. Article VI, Section 1 Vaccinations: This has been changed to comply with State Law which requires a rabies vaccination at four (4) months of age and then again at twelve (12) month intervals. Article VI, Section 9 Vicious Animals: This Section has been changed to allow for the removal of a vicious animal that kills or maims another animal. Previously, the victim animal had to be killed to enable us to enforce this Section. Article VI, Section 10 Guard Dogs: This Section has been changed by adding a second paragraph enabling our Division to inspect the premises where a Guard Dog is to be kept for safety purposes. We have had several instances where a Guard Dog has escaped from a fence that was not of sufficient strength or height to contain it safely. Article VI, Section 14 Penalty for Violation: The figure $200.00 has been changed to $1,000.00 to comply with the Municipal Court fine structure. We are replacing the old Ordinance 111024 entirely rather than amending it with this Ordinance. The changes I've outlined above are the principal changes we require. These changes will enable the Animal Control Division to operate more effectively and better serve the citizens of our City. It is desirable to have this new Ordinance in effect prior to the opening of our new Animal Shelter. (E) Any person who, as the operation of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. (F) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This Section is not intended to prohibit the prudent use of herbicides, insecticides, or rodent control materials. No person shall expose an open trap or metal jaw type that shall be liable to injure any domestic animal or person. SECTION 13. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL. The North Richland Hills Police Department animal control officer or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery of such injuries or disease is in serious doubt, and after a reasonable effort had been made to locate the owner of such animal. SECTION 14. PENALTY FOR VIOLATION. Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed one thousand ($1000) dollars. Each day of violation shall constitute a separate offense. SECTION 15. SEVERANCE CLAUSE. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 16. REPEALER. All ordinances and parts of ordinances in conflict here with are hereby repealed with the effective date of this ordinance. Passed and Approved this 10th d~CU 1986.. Dan Echols, Mayor ATTEST: ¥'~ ~arY as to form Z. A At orney Rex McEntire, 14 - ORDINANCE NO, 1412 LEGAL AFFIDAVIT An ordinance re9ulating the control of animals within the cit) limits of North Rlchland Hills, Texas; defining terms; regulating animals and providing for impoundment and schedule of fees' P~ovidi':lg for permits f,or kennels,. multiple pet ownership, ~nd wild animals and prohibiting barking dogs; prohibiting estra,ys and providing for impoundment, recovery, schedule of fees, sale,. sale proceeds, use, death and breeding of estrays and pro- hlblllng unenclosed livestock; providing for vaccination and cer- tiflcat~s. tags, licenses, collars and revocation of licenses; providing for reports of bites, and suspected rabies; confine- ment, observation and destruction of rabid animals; prohibiting the creation and maintenance of health hazards, haboring vi- CIOUS. animals, unregistered and unposted guard dogs, tamper- Ing with animal control devices; prohibiting nonprovision, abuse and abandonment of animals: providing for reports of stricken animals and ~rohibiting poisoning or trapping of animals, pro- viding .authoroty for destruction of injured or diseased animals; providing rules for adoption of animals; providing for a penalty lor v!o!ation 01 a fine not to exceed $1,000.00 lor each offense; provIding for repealer and a savings clause. PASSED AND APPROVED this 10th day of November, 1986. /s/ Dan Echols Jr Dan Echols, Mayor THE STATE OF TEXAS: COUNTY OF TARRANT ATTEST: /s/ Jeanette Rewis Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: /s/ Rex McEntire Rex McEntire, Attorney MCDN CPN #646 PUB.: 11/16/86 Before me, the undersigned authority on this day personally ap- peared Virginia Rankin known to me to be a credible person, who first being sworn, deposed and upon her oath said: That she is the C . A . D. of the MId-Cities Daily , a newspa- per which has been regularly and continuously published and of general circulation in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal and that he caused said notice to be published in 11/16/86 said newspaper on the following date(s). That the attached is a true and correct copy of said notice as published on said date(s) in said New9Paper ~r 19 day of Nov, Sworn to and subscribed before 19--ª.§. , Notary Public, COLLIN County, Texas