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HomeMy WebLinkAboutORD 84-166 i I ORDINANCE NO. � ENTITLED AN ORDINANCE REPEALING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW CHAPTER 5 , PROVIDING FOR THE PROPER CONTROL AND REGULATION OF ANIMALS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Chapter 5 of the Code of Ordinances of the City of Beaumont is hereby repealed and there is hereby enacted a new Chapter 5 to read as follows: CHAPTER 5 ANIMALS Art. I . In General, S 5-1/5-17 Art. II. Dogs/Cats, § 5-18/2-28 Art. III. Rabies Control, § 5-29/5-37 ARTICLE I. IN GENERAL Section 5-1 : Abandoning or Dumping in City It shall be unlawful for any person to abandon or dump any dog, cat or other animal within the city. Section 5-2 : Sale in Food Establishments It shall be unlawful to keep for sale any bird or domestic animal in any department store, novelty store or any other store or business establishment where food is served or sold to the public, unless such animals and birds are confined in enclosures and kept completely separated from the part of the store where food is served or sold. i Section 5-2 . 1 : Baby Animals; Distribution for Changing Color of Prohibited a) It shall be unlawful for any person, firm or corporation to knowingly sell, offer for sale, barter, lease or give away baby chickens, ducklings, goslings, skunks, raccoons, foxes, turtles, opossums or bats under three ( 3) weeks of age or rabbits under six 960 weeks of age as pets, or to color, dye, stain or otherwise change the natural color of baby chickens, ducklings , goslings , skunks, raccoons, foxes, opossums, bats, turtles or rabbits. b) It is a defense to this section that the sale or exchange of such baby chickens, ducklings, goslings, skunks, raccoons, foxes, opossums, bats, turtles or rabbits was for commercial breeding purposes or for scientific, educational, or governmental purposes. Section 5-3 : Wounded or Sick Animals, Fowl or Birds; Killing When, from any cause, any animal within the city shall be sick , wounded, maimed or injured, so as to render its recovery hopeless, it shall be permissible for the local health authority to destroy , or cause to be destroyed, such animal so ill or injured, and as soon after such injury as practicable, and in such manner as in his judgment shall be the least painful , and to cause the carcass thereof to be removed. Section 5-4 : Livestock Permitted It shall be unlawful for any person to keep within the city more than two ( 2 ) head of cattle, horses, mules, jacks, jennets, hogs, sheep, goats, or livestock of any kind in areas other than A-R (Agricultural-Residential) zoning districts, as set forth in Section 30-24 of the Code of Ordinances; or to keep any such livestock so as to produce bad odors which affect the comfort and health of the people; provided, however, such restriction as to number shall not apply to persons in annexed areas, when at the time of such annexation such persons were keeping a greater number than herein permitted; and providing further, such persons shall not increase the number which were kept prior to such annexation or increase the number to more than that herein permitted after such number becomes diminished. Section 5-5: Minimum Distance from Dwellings , Etc. It shall be unlawful for any person to keep, possess or maintain in the city any livestock within one hundred fifty ( 150) feet of any residence or habitation for human beings, or within one _ 2 _ i hundred fifty ( 150) feet of any church, school or hospital other than the residence of the keeper, possessor or owner of such animals . Section 5-6: Noisy Animals and Fowl , Prohibited It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person to stable or keep any animal or fowl in the city in such manner that such animal or fowl by stamping or kicking, braying, bleating, barking, yelping, neighing, crowing or making any other utterance or disturbance, creates such a noise which disturbs those living in the vicinity. Section 5-7: Removal of Livestock Transport Vehicles It shall be unlawful and constitute the creation and maintenance of a public nuisance for the owner, operator, agent, or driver of any truck , trailer or other vehicle that has been used for the hauling of any livestock , animals or fowl , and when same has been parked in or on any highway , street, alley , vacant lots, or tract of land, either public or private, or in any service station or garage within the city , to fail to move such truck , trailer or other vehicle, containing manure or excreta or liquid discharge to a location which will not disturb the inhabitants of the city by reason of the odor, gases or fumes caused by the contents of such truck , trailer or other vehicle. Section 5-8: Unclean Animal Pens, Etc. - Generally It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person owning or having charge of any stable, stall, shed, or yard or appurtenance thereto, in which any horses, cattle, cow , or other animal shall be kept, or any place within the city in which manure or liquid discharge of such animals shall collect and accumulate, to allow such stable, stall, shed, or yard or appurtenance thereto to be kept in other than a clean and sanitary condition, or allow the same to remain in a condition which would constitute a breeding place for flies, provided, nothing in this section shall be so construed as to include manure deposits upon private property for the purpose of cultivation or to be used as fertilizer. Section 5-9: Same - Kept by Distillers, Butchers, Etc. No distiller, butcher, stock dealer, or other person shall collect or keep any cows in a pen, or otherwise confine any cows in the city so as to create a stench or so as to become a nuisance. 3 - Section 5-10: Same - Fowls, Rodents It shall be unlawful and constitute the creation and maintenance of a public nuisance for any person to keep or cause to be kept any chickens, geese, ducks, guineas, pigeons, or rabbits or other rodents in pens or enclosed areas in an unclean condition or in such a manner as to become offensive, producing odors capable of annoying persons living in the vicinity . Section 5-11: Wild Animals; Restrictions on Keeping No wild animals may be kept within the city; provided, however, wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with all laws and regulations. Section 5-12: At Large - Livestock; Prohibited It shall be unlawful for the owner or other person in charge of any livestock to permit the same to run at large or to be found unattended in the city . Section 5-13: Same - Confinement of Fowl or Other Bird; Impounding It shall be required of every person owning or having control of any domestic fowl or any other bird, to keep the same confined within his own premises, and it shall be unlawful for any person within the city to suffer, permit or allow any domestic fowl or any other bird which he may own or have the charge of to go or be found upon any street or other public place of the city or upon the premises of another without the consent of the owner or the person in charge of the premises upon which such domestic fowl or other bird may be found. It shall be the duty of the local health authority to take up any domestic fowl or other bird found at large and confine such domestic fowl or bird in the city shelter for seventy-two (72 ) hours. If the owner of a domestic fowl impounded fails to claim such fowl within seventy-two (72) hours, it shall be the duty of the local health authority to humanely destroy the confined fowl or bird. Section 5-14: Same - Impounding Fees The city shall collect from the owner or other person to whom impounded domestic fowl or other bird or birds are delivered an impounding fee as provided in Section 13-16 for the period of time i the domesticated fowl or other bird or birds remains in the possession and custody of the local health authority. Section 5-15: Local Health Authority Designated The city animal control superintendent will be designated as the local health authority for the purposes of this chapter. His duties will be to enforce all city and state laws pertaining to the control of animals within the City of Beaumont. Section 5-16: Carcasses of Animals and Fowls, Removal It shall be unlawful for any person to deposit or cause to be deposited or permit to remain upon any premises owned or occupied by him, or on premises adjacent thereto or in or upon any of the streets, sidewalks, alleys or other public rights-of-way or places in the City of Beaumont, the carcass or parts thereof of any dead animal or fowl owned by him or under his control, but all such carcasses or parts thereof, exceeding the permissible weight for depositing in garbage receptacles, shall be removed by such person to the City' s Sanitary Landfill, or otherwise disposed of as may be directed by the appropriate officer having jurisdiction over garbage and refuse disposal, or the same may be removed by the city at the cost of such person. If the owner of such dead animal or fowl be unknown, or the owner refuses or fails to remove the same, the City shall nevertheless, remove any such carcass or parts thereof and the City shall have the right to collect the cost of such service from the owner, if known, by suit. Small animals not to exceed eighty pounds (80) placed next to the street the same as garbage will be picked up by the health department. Section 5-17: Kennels, License - Required; Fee ( a) A kennel within the meaning of this section is any establishment designed for the permanent or temporary boarding or keeping of animals with or without charge. No person, group of persons or business entity shall own, keep or harbor more than three ( 3 ) dogs of more than three ( 3 ) months of age or more than one ( 1 ) litter of pups or more than three ( 3) cats of three ( 3 ) months of age or more than one ( 1 ) litter of kittens, or more than a total of four (4 ) dogs and cats more than three (3 ) months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training or boarding dogs or cats or both dogs and cats or other pet animals without having obtained a valid kennel license from the Beaumont Health Department. 5 - (b) Such license shall be for the calendar year or any part thereof during which such kennel shall be maintained. The yearly license fee for kennels shall be in accordance with Section 13-16 of the Code of Ordinances. The fee shall be due and payable in advance on or before January 1 of each year. No kennel license shall be issued or renewed until an inspection certificate shall have been issued by the health department giving evidence that a sanitary inspection of the premises has been made by the Department of Health of the city . The license issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the licensee. It shall be unlawful for the licensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the license. All applicants for a kennel license within the City of Beaumont, if required by state statute to be licensed by the Texas Department of Health, must have a valid license issued by said department to qualify for licensure by the City of Beaumont. The possession of a state license shall not in itself assure that a city license will be granted. ( c) Any kennel licensed under this section found to be in violation of any zoning law , health law , or any other applicable law of the City of Beaumont 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 its kennel license suspended or revoked. (d) This section shall not apply to and will not be construed to require a kennel license for: ( i) a veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care; ( ii) a bonified publicly or privately owned zoological park; ( iii) a bonified research institution using animals for scientific research; ( iv) a publicly owned animal shelter. (e ) A certificate shall be issued by the health department to the person paying for a kennel license, which certificate shall contain the data specified in this section and which certificate shall be displayed at all times in a prominent place in the kennel. ( f) The Department of Health shall keep a permanent record of all dog kennel licenses issued under the terms of this section, which record shall show the name and address of persons being 6 - issued a kennel license, the name and address of the kennel, the number of the kennel license, the date issued and the amount paid therefor. ARTICLE II. DOGS/CATS Section 5-18: Barking Dogs It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the dog kind, which by loud or unusual barking, howling, or yelping, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed. Section 5-19: Vicious Animals; Confinement Every animal which has bitten or attacked a person or another animal is to be considered fierce, dangerous or vicious and shall be confined by the owner within a building or secure enclosure, and not taken out of such building or secure enclosure unless securely muzzled. Section 5-20: Dogs at Large Prohibited It shall be unlawful for any dog to be at large within the city . Any dog on the streets, alleys or public places or on private premises not under the control of the owner, possessor, keeper or harborer of such dog within the city shall be considered to be at large in violation of this section, except that a dog being under the control of a person by means of a leash of sufficient strength to hold such dog shall not be deemed to be at large. A person who owns, possesses, keeps or harbors any dog that is found at large shall be in violation of this section. Section 5-21: Impounding - Holding Periods; Reclaiming; Shelter Fee; Sustenance for Animals It shall be the duty of the local health authority or any police officer of the city, to take up any dog found at large and confine such dog in the city animal shelter for seventy-two (72) hours in the case of a dog without a collar or harness with tag attached, and for one hundred twenty ( 120) hours in the case of a dog wearing a current tag, during which time the owner or person entitled to such dog, upon satisfactory proof to the local health authority of ownership, the owner may redeem his dog upon the 7 - I payment of a shelter fee in accordance with Section 13-16 and all other such applicable fees provided by that section. The local health authority shall provide, at the cost of the city, suitable and necessary sustenance for all dogs so impounded. Section 5-22: Same - Notice to Owner As soon as possible after any dogs or cats have been impounded at the city shelter it shall be the duty of the local health authority to maintain a list of each animal impounded describing each of such dogs or cats, whether bearing an immunization tag or not and giving the number of the tag and the name of the person registering the dog or cat in the case where the dog or cat bears an immunization tag . In case the dog or cat bears an immunization tag , then in addition to maintaining a list as required herein, it shall be the duty of the local health authority to notify such person to whom such immunization tag was issued, by letter, postal card, or telephone. The mailing of such letter or postal card shall be deemed sufficient notice whether or not the person addressed shall receive the same . Section 5-23: Same - Refusal to Deliver an Animal to Officer It shall be unlawful for any person to refuse to deliver any unimmunized dog or cat to the local health authority or any of his deputies or any city policeman upon demand for impounding. Section 5-24: Same - Redemption or Destruction of Unclaimed An ima is ( a) The person entitled to the possession of any dog or cat impounded as provided herein, upon proper application within the time limits specified in this article, after the impounding of such dog or cat, shall be entitled to have the dog or cat given to him, provided such dog or cat is not affected or thought to be affected with rabies, upon the payment of the impounding fee as provided in Section 13-16 for each dog or cat impounded. (b) If the owner of a dog or cat impounded fails to claim such animal within seventy-two (72) hours, in the case of a dog or cat without collar and immunization tag attached, the local health authority shall deliver such dog or cat to the first person who shall apply for possession of such dog or cat within the applicable time limit specified above, provided such dog or cat is not affected or thought to be affected with rabies. Such delivery shall be made upon payment of the impounding fee provided for in Section 13-16, and in addition thereto, in the case of unimmunized dogs or cats, upon obtaining an immunization for such dog or cat as provided in this article. - 8 - (c) If the owner of a dog or cat impounded fails to claim such dog or cat and no person applies for possession of said dog or cat, it shall be the duty of the local health authority to destroy the dog or cat without collar and vaccination tag at the expiration of the seventy-two (72) hours and the dog or cat with collar and immunization tag attached at the expiration of one hundred twenty ( 120) hours. Section 5-25: Same - Interference with Officers It shall be unlawful for any person to interfere with or attempt to prevent the local health authority or any of his deputies or any city policemen, from catching or impounding any dog or cat going at large, whether on public or private property not under the control of the owner, possessor, keeper or harborer of such animal . Section 5-26: Cats; Taking Possession of The local health authority is hereby authorized to take possession of cats delivered to him by any person, picked up on the street or public property within the City of Beaumont, or picked up or delivered to the him as a suspected rabid animal. whenever such a cat shall come into the possession of the local health authority, it shall be the duty of the local health authority to confine such cat in the city animal shelter for seventy-two (72) hours during which time any person may redeem such cat upon proof of ownership and payment of a shelter fee and all other fees as provided for in Section 13-16, provided that the cat is not affected or thought to be affected with rabies. If the cat is a rabies suspect, it will be held for ten ( 10) days. If the cat is not redeemed as provided herein, it shall be the duty of the local health authority to destroy the cat at the expiration of seventy-two (72) hours, or on the third (3rd) day after the ten ( 10) holding period as a rabies suspect. Section 5-27: Veterinary Fees A fee will be charged for each trip made by the local health authority to pick up two ( 2) dead animals from veterinarians. The fees charged for this service will be in accordance with Section 13-16 of the Code of Ordinances. The Humane Society shall be exempt from the payment of these fees. Sections 5-28: Killing, Destruction of Animals - Dangerous, Sick , Threat to Public Safety The Director of Public Health or the local health authority, or any person designated by the Director of Public Health, City 9 - Manager, or City Council of the City of Beaumont is authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person or property . ARTICLE III. RABIES CONTROL Section 5-29: Report of Bites; Suspected Rabies a) Any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a person, dog or other animal shall immediately report the incident to the local health authority . The report shall include, if known, the name and address of any victim and of the owner of the animal and any other data which may aid in the locating of the victim or the animal. b) It shall be the duty of every physician or other practitioner to report to the local health authority the names and addresses of persons treated for bites or scratches inflicted by animals capable of transmitting rabies, together with such other information as will be helpful in rabies control. c) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog or any other domestic or wild animal shall immediately report the incident to the local health authority or his agent stating as precisely as possible where such animal may be found. If a known or suspected rabid animal bites or attacks a domestic animal such incident shall also be reported as required above. Section 5-30: Taking Up and Observing The owner of any animal which has bitten, scratched or attacked a person, dog or other animal shall be notified of the incident and shall cause such animal to be held under observation at the owner' s expense for a period not less than ten ( 10) days in the city animal shelter or a veterinary hospital operated by a duly licensed veterinarian. A fee shall be charged for each day of confinement at the animal shelter when an animal is under observation in bite cases. This boarding fee shall be assessed in accordance with Section 13-16 of the Code of Ordinances. Refusal or failure to produce said dog or other animal constitutes a violation of this section and each day of such refusal or failure shall constitute a separate individual violation. At no time shall an animal which is to be confined be allowed to be quarantined at home . No such animal shall be released from observation unless a licensed veterinarian certifies that such animal does not have 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 - 10 - I section. If it is determined by a veterinarian that an animal shows the clinical signs of the disease of rabies, the local health authority shall humanely destroy the animal. If the animal dies or is destroyed while in quarantine, the local health authority shall remove the head or brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing. If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the local health authority shall release it to the owner following the quarantine period if ( 1 ) the owner has an unexpired rabies vaccination certificate for the animal or ( 2 ) the animal is vaccinated against rabies by a licensed veterinarian at the owner' s expense. The owner of an animal that is quarantined under this act shall pay to the local health authority the reasonable costs of the quarantine and disposition of the animal as set out herein and the local health authority may bring suit to collect those costs. The local health authority shall destroy an animal that the owner or custodian does not take possession of on or before the third day following the final day of the quarantine. Section 5-31: Vaccination Every owner of a dog or cat four months of age or older shall have such animal immunized against rabies once every twelve ( 12) months by a veterinarian duly licensed to practice in the State of Texas. There shall be a fee charged for vaccinations administered at the City Animal Shelter. The fee shall be as provided for in Section 13-16 of the Code of Ordinances. Any person moving into the City of Beaumont from a location outside the city shall comply with this ordinance within ten ( 10) days after having moved into the city. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, modified live virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state. Section 5-32: Same - Inspecting Dog or Cat to Determine Immunization, Right of Entry Therefor The local health authority and his authorized deputies shall have the right at any reasonable time to inspect any dog or cat to determine if such animal is vaccinated as required by this article and shall have the authority , with a warrant properly issued by a magistrate, to enter any premises for such purpose, and it shall be unlawful for any person to refuse entrance to the local health authority or his deputies or to impede, obstruct or exclude such health authority or his deputies when attempting to enter such premises for the purpose of inspecting such dog or cat. - 11 - i Section 5-33: Same - Tag , Certificate from Veterinarian The owner or keeper of any dog or cat immunized against rabies shall procure a written certificate of vaccination on forms to be provided by the veterinarian giving an accurate description of the animal, the date of immunization and the name and address of the owner of such dog or cat, which certificate shall be signed by the veterinarian administering the vaccine. A metal tag will be issued bearing a number corresponding to the number placed on such certificate and with lettering showing immunization, which tag shall be attached to the collar or harness of the dog or cat for which it was issued and shall be worn in a conspicuous place on the collar at all times. The tag issued shall be valid for one year after the date of vaccination of the dog or cat to which issued and shall be nontransferable. Section 5-34: Same . Removal of Tag It shall be unlawful for any person to remove any metal tag issued under the provisions of this article from any dog or cat without the written consent of the owner of such animal. Section 5-35: Proof It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with enforcement of this ordinance. Section 5-36: Animals Exposed to Rabies Any person having knowledge of the existence of any animal known to have been or suspected of being exposed to rabies must immediately report such knowledge to the local health authority giving him any information which he may require. Any animal known to have been or suspected of being exposed to rabies, the following rules shall be enforced by the local health authority: A. Unvaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be: 1 ) humanely killed, or 2 ) if sufficient justification for preserving the animal exists, the exposed animal should be immediately vaccinated against rabies, placed in strict isolation for six (6 ) months and given a booster vaccination one ( 1 ) month prior to release from isolation at the owner' s expense. - 12 - d-terl-16,6 B B . Vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be: 1 ) humanely killed, or 2 ) if sufficient justification for preserving the animal exists, the exposed, vaccinated animal shall be given a booster rabies vaccination and placed in strict isolation for three ( 3 ) months at the owner' s expense. C . These provisions apply only to domestic animals for which an approved rabies vaccine is available. Section 5-37: Animal Health Advisory Committee There is hereby established an animal health advisory committee of the city to act in an advisory capacity to the City Council and to the Department of Health concerning rules and regulations pertaining to the operations of the animal shelter and to make recommendations to the Director of Public Health concerning animal control by the city . Such committee shall consist of four (4 ) members composed of the city veterinarian, the director of health, the city animal control supervisor and an individual from the Humane Society all of which shall be appointed for one ( 1 ) year terms. The advisory committee shall meet at least three ( 3 ) times a year. Section 2 . 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. - 13 - Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That 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 -=� XZ 1984. tilm Mayor - - 14 -