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HomeMy WebLinkAboutORD 80-84 ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING SECTIONS 5-23 THROUGH 5-27 , INCLUSIVE , AND SECTIONS 5-29 AND 5-42; AND AMENDING SECTIONS 5-28 , 5-31 AND 5-41 ; PROVIDING FOR THE ELIMINATION OF THE DOG LICENSE REQUIREMENTS; PROVIDING FOR THE ESTABLISHMENT OF A TEN DOLLAR ($10.00) IMPOUNDING FEE; PROVIDING FOR A TWO DOLLAR ($2.00) A DAY CONFINEMENT FEE IN BITE CASES; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Sections 5-23 through 5-27, inclusive, and Sections 5-29 and 5-42 of the Code of Ordinances of the City of Beaumont be and the same are hereby repealed. Section 2. THAT Sections 5-28 , 5-31 and 5-41 of the Code of Ordinances of the City of Beaumont are hereby amended to read as follows: Section 5-28 . Impounding--Holding periods; reclaiming; pound fee; sustenance for dogs. It shall be duty of the poundmaster, or any police officer of the City , to take up any dog found at large and confine such dog in the city pound for seventy-two (72) hours in the case of a dog without a collar or harness with identification or vaccination tag attached, and one hundred and twenty (120) hours in the case of a dog wearing an identification or vaccination tag. During the period of confinement the owner or person entitled to such dog, upon satisfactory proof to the poundmaster of ownership may redeem the dog upon a payment of a pound fee of ten dollars ($10 .00) , which fee shall include vaccination where necessary , and all other such fees provided by this chapter. Upon the payment of such fee the poundmaster shall issue an official receipt for the amount paid. The poundmaster shall provide at the cost of the city suitable and necessary sustenance for all dogs so impounded. Section 5-31. Same--Redemption or destruction of unclaimed dogs. (a) The person entitled to the possession of any dog taken up and impounded as provided herein, upon proper application within the time limits specified in this article, after the impounding of such dog, shall be entitled to have the dog delivered to him, provided such dog is not affected or thought to be affected with rabies, upon the payment of the ten dollar ($10 .00) fee for each dog impounded, in accordance with the provisions of this article. (b) If the owner of a dog impounded fails to claim such dog within seventy-two (72) hours, in the case of a dog without a collar and identification tag attached, the poundmaster shall deliver such dog to the first person who shall apply for possession of such dog within the applicable time limit specified above, providing such dog is not affected or thought to be affected with rabies. Such delivery shall be made upon payment of the ten dollar ($10 .00) impounding fee provided for in this article. (c) If the owner of a dog impounded fails to claim such dog and no person applies for possession of said dog, it shall be the duty of the poundmaster to destroy the dog without collar and tag at the expiration of the seventy-two (72) hours, and the dog with collar and tag attached at the expiration of one hundred twenty (120) hours. Section 5-41 . Taking Up and Observing . Whenever a dog or other domestic animal susceptible to rabies bites a person, dog or other animal, the owner of the animal or the person observing the incident shall immediately report the incident to the director of health. The owner of the animal making such attack shall be notified and shall cause such animal to be held under observation at the owner' s expense for a period of - 2 - ten ( 10) days in the city pound or a veterinary hospital operated by a licensed veterinarian. There shall be a two dollar ($2.00) fee for each day of confinement at the pound when an animal is under observation in bite cases. No such animal shall be released from observation unless a licensed veterinarian certifies that such animal is not affected with rabies. Any person who is the keeper or has custody and control of the animal shall be deemed the owner for the purposes of this section. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid , such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �,c> , 1980. May - 3 -