HomeMy WebLinkAboutPACKET JAN 31 2017BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 31, 2017 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — January 24, 2017
* Confirmation of committee appointments
Sina Nejad-Engineer would be reappointed to the Building Board of Appeals. The current term
would expire January 24, 2019. (Mayor Becky Ames)
A) Authorize the City Manager to execute all documents necessary for an affiliation
agreement between the City of Beaumont and Texas Emergency System Training LLC
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: January 31, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary for an affiliation agreement
between the City of Beaumont and Texas Emergency System
Training LLC.
BACKGROUND
Texas Emergency System Training LLC is requesting an agreement with the City of Beaumont's
Emergency Medical Services Division to provide clinical experience to its students majoring in the
Texas Emergency System Training (TEST) EMS Course.
The responsibilities of TEST will include but not be limited to the following:
• provision of classroom theory;
• preparation of students assignments;
• continuous communication with Beaumont EMS regarding student performance; and
• supervision of students.
The responsibilities of Beaumont EMS will include but not be limited to the following:
• acceptance and reasonable orientation of students;
• coordination of the assignment schedule;
• assistance in evaluation of each student;
• designation of an individual to serve as liaison;
• provision of basic medical care to students in case of an emergency;
• provision of reasonable opportunities for students to observe and assist in various aspects
of patient care; and
• ultimate control of responsibility of patient care.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to enter into an affiliation agreement between the City of Beaumont EMS
Division and Texas Emergency System Training, LLC for clinical experience and
educational purposes under the supervision of the EMS Division. The Affiliation
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2017.
- Mayor Becky Ames -
AFFILIATION AGREEMENT
AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE
EDUCATION
OF
EMERGENCY MEDICAL SERVICES COURSE STUDENTS
BETWEEN
TEXAS EMERGENCY SYSTEM TRAINING L L C
AND
CITY OF BEAUMONT EMERGENCY SERVICES
2016
(every 2 year renewal)
EXHIBIT "A"
AFFILATION AGREEMENT
EMERGENCY MEDICAL SERVICES
The following Affiliation Agreement is entered into between Texas Emergency System Training
L L C, Silsbee Texas, and on behalf of the Emergency Medical Services Program, hereinafter
referred to as TEST, and Beaumont Emergency Medical Services., Beaumont Texas, hereinafter
referred to as Clinical Affiliate, on behalf of TEST students enrolled on the Emergency Medical
Services Program. It is agreed by both parties to be mutual interest to give students an.
opportunity to utilize the hospital as a clinical facility for educational purposes. TEST and
"Clinical Affiliate" agree to accept the responsibilities and duties stated herein.
1. It is mutually agreed by the Clinical Affiliate and TEST that the educational program and
curricula of the Emergency Medical Services Program is and shall be the responsibility of, and
shall be carried out under the direction of personnel of TEST.
2. It is mutually agreed that clinical experiences and supervision for students enrolled in the
Emergency Medical Services Program will be provided at Clinical Affiliate by TEST.
3. It is mutually agreed the TEST will select and assign learning experiences for students, and
will further provide for teaching, evaluation, overall supervision, and record keeping of students.
Clinical Affiliate instructors will adhere to policies as agreed upon by the two parties and will
monitor students' adherence to policies mutually agreed upon.
4. It is mutually agreed that TEST and Clinical Affiliate do not, and will not discriminate against
any student, employee or applicant for participation in the learning experience because of race,
religion, sex, color, creed, marital status, age or national origin.
5. It is mutually agreed that the period of assignment, and the number distribution of students
among divisions of the Clinical Affiliate will be determined by representatives of TEST and
Clinical Affiliate.
6. It is mutually agreed that representatives of TEST and Clinical Affiliate shall meet regularly
to discuss issues of mutual concern, and to make such suggestions and changes as are needed.
Both parties will share information pertinent to the Affiliation Agreement.
(1)
To carry out these general areas of agreement, TEST is responsible for and agrees to:
1. Protect the health and safety of all parties by:
a. Requiring students to obtain professional liability insurance of no less than $1,000,000 per
occurrence and in the aggregate and to provide Clinical Affiliate proof of such insurance.
b. Requiring an annual health and physical examination at no cost to Clinical Affiliate.
c. Requiring compliance with the Center for Disease Control, Texas Department of State Health
Services, and Clinical Affiliate rules as regarding health, safety, dress, and conduct.
d. Providing, or otherwise arranging for faculty and student orientation to Clinical Affiliate, its
major policies, rules and regulations.
2. Make arrangements with the Medical Director and specified designates for clinical learning
experiences needed for students prior to each course. TEST representative will provide these
parties with:
a. Name(s) of students
b. Name(s) of faculty
c. Dates, days and times of clinical learning experiences as previously agreed upon.
3. Arrange for clinical personnel to participate in evaluation of student performance.
4. Make the individual student responsible for equipment damaged or broken due to the
student's negligence.
5. Make the individual student responsible for their own health needs including emergency care
or follow-up in any accident (I.e. needle sticks) at the clinical site
6. Assure that each instructor and student signs an agreement which states the Clinical Affiliate
has the absolute right and responsibility to terminate an individual's clinical rotation at Clinical
Affiliates based on attitude and behavior. Such right of Clinical Affiliate is not negotiable or
subject to discussion. Withdrawal from Clinical Affiliate of a student or faculty of TEST may be
requested by Clinical Affiliate. Clinical Affiliate has the right to remove a student from
participation under this agreement with or without cause.
7. Make the following affirmations to ensure Fair Labor Standards Act requirements are met:
a. The special regulations in the Fair Labor Standards covering "student -learners" enrolled in a
bona fide technical program are applicable to Program students.
b. No hourly compensation is applicable to the student -learner while in the Program in the
learning experience at Clinical Affiliate's site.
c. A student is not considered an employee of Clinical Affiliate, and not eligible for Worker's
Compensation.
(2)
8. Assure confidentiality of patient and Clinical Affiliate matters by:
a. Instructing faculty and students to maintain the confidentiality of patient and Clinical
Affiliate information and records.
b. Assuring each student and faculty member execute a confidentiality agreement
Attachment A, incorporated herein for reference) before beginning rotation at Clinical Affiliate.
c. Agreeing that any breach of confidentiality will result in the immediate expulsion
from Clinical Affiliate of the person(s) responsible for the breach and may result in termination
of the entire affiliation..
The Clinical Affiliate is responsible for, and agrees to:
1. Permit the use of clinical facilities by student enrolled in the Emergency Medical Services
Program for the purpose of clinical education.
2. Maintain approval by the appropriate state and/or properly designated accrediting body, and
inform TEST
of any changes in that approval.
3. Inform TEST and participate in joint planning, prior to accepting Emergency Medical
Services from any other institution.
4. Provide to the extent possible, conference rooms for student counseling, and locker rooms or
other secure space for students to store coats, books, etc. while on duty.
5. Allow students and faculty access to, and use of, facilities maintained by the Clinical Affiliate
following it specific policies, fees or charges (such as Library and Cafeteria).
6. Charge no fee for clinical laboratory experience.
7. Collaborate with Emergency Medical Services educators to influence curricula, including
clinical and/or managerial learning experiences, when Clinical Affiliate provides clinical
facilities for the Emergency Medical Services education program.
8. Assist in evaluating student performance.
(3)
TERMS OF AGREEMENT
Only in as so far as it is authorized by law to do so, TEST agrees to hold the Clinical Affiliate
harmless
From and against any liability to personnel injury, including injury in death, damage to property,
or both, resulting indirectly from the use by TEST of the clinical Affiliates Facility
Nothing in this Affiliate Agreement is to be misconstrued as transforming financial responsibility
from one party to another.
The Terms of this agreement will be set at 2 (two) years upon mutual agreement of the parties.
Plans of termination of the agreement may be instituted by either party upon no less than a 30
(THIRTY) day written notice by mail. The plans for termination must include specific
procedures to assure that there will be no adverse affect to the rights and privileges of students
actually enrolled in the program, as long as they are making progress towards completion.
Review of this agreement will be every 2 years.
For Texas Emergency System Training LLC
TEST OWNER / ADMINISTRATOR
TEST PROGRAM COORDINATOR
DATE COMPLETED
For Clinical Affiliate
CHIEF ADMINISTRATOR
DATE COMPLETED
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 31, 2017 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 3 and 4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a Specific Use Permit to allow a wholesale food service
merchandise store in a GC -MD (General Commercial Multiple -Family Dwelling
District) located at 2520 Interstate Highway 10 East
2. Consider a request for an abandonment of a portion of the Crockett Street right-
of-way between Park Street and Orleans Street
3. Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of
Ordinances related to the Animal Health Advisory Committee
4. Consider amending Chapter 10, Section 10.0 1.008 (Health Fees) and Chapter 4
(Animal Control) of the Code of Ordinances
WORK SESSION
* Receive information related to proposed tax credit projects:
Development Name
Oaklake on Alpine
Bexley Court
Lumberton Village
Location
6075 Alpine (N. side of
105, east of Alpine)
208 S. MLK
7876 Harvest Moon,
Lumberton
Retreat at Wendelin Drive 5945 College
* Review and discuss proposed plans for Riverfront Park
Size & Type
100 Units -Senior
72 Units -Family
96 Family Units
Unknown
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
2175 W. Lucas
Owner: Joseph Butler
998 Van Buren
Owner: Rosanne Graham
2445 San Jacinto
Owner: Troy Booker
City of Beaumont v. Paul Victor Morrell, et al
Potential Claim against APAC-Texas, Inc.
Cynthia Faye Roberts v. City of Beaumont Cause No. D-198,042
Keith T. Sorrell and Sheerueka R. Clark v. City of Beaumont; Cause
No. A-199,343
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777.
January 31, 2017
Consider a request for a Specific Use Permit to allow a wholesale food service merchandise store
in a GC -MD (General Commercial Multiple -Family Dwelling District) located at 2520 Interstate
Highway 10 East
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: January 31, 2017
REQUESTED ACTION: Council consider a request for a Specific Use Permit located at
2520 Interstate Highway 10 East, for a wholesale food service
merchandise store in a GC -MD (General Commercial Multiple -
Family Dwelling District).
1.-y4to1;1li 10111IN111
Terry Woodard, of Terry Woodard Enterprises, Inc., proposes to build a 44,000 sq. ft.
retail/wholesale center. Kommercial Kitchens, a wholesaler of commercial equipment to the
food service industry and some retail sales to the public, will occupy approximately 22,000 sq. ft.
with another 22,000 sq. ft. as rental space. Mr. Woodard states that a restaurant may occupy
some of the leasable space. All utilities needed to serve the property are in existence.
At a Joint Public Hearing held on January 23, 2017 the Planning Commission recommended 8:0
to approve a request for a Specific Use Permit for a wholesale food service merchandise store in
a GC -MD (General Commercial Multiple -Family Dwelling District) with the following
conditions:
1. Properly must be landscaped to meet ordinance requirements.
2. Dumpster must be set back no less then twenty-five (25) feet or be completely screened on a
minimum of three (3) sides with a gate.
3. Sidewalk must be installed along the access road.
4. Change the street from 9t` Street to 10th Street on the site plans.
111jel 11 Ierm-1 111) Zol y
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following conditions:
1. Property must be landscaped to meet ordinance requirements.
2. Dumpster must be set back no less then twenty-five (25) feet or be completely screened on a
minimum of three (3) sides with a gate.
3. Sidewalk must be installed along the access road.
4. Change the street from 9h Street to 10th Street on the site plans.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: Ttkass (A)wpheb ftAsLpajyaa L4,L I cmvir_CciHL KJAei4S
APPLICANT'S ADDRESS: 0453 T is Viooe Tx '776G-2
APPLICANT'S PHONE#: J4CCt - 1X05 -119C1 FAX #: '169' 7[�y-9gt7Q
NAME OF OWNER: TewziA WooDAep � 96NNON 060 D.A R®
ADDRESS OF OWNER: X3453 Lio VIDOQ.. *, 7%62
LOCATION OF PROPERTY: xyo 1-1 o E SEAP7081 , _rC-1,1 5 7776-3
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. g -1 Q E OR TRACT 4.4414 t9LeE Ti t'{ cT
BLOCK NO. Nt7a OF t3►-ocK t -I
ADDITION Enna REED ADDiTiON SURVEY a �►i���
NUMBER OF ACRES 4.4414 NUMBER OF ACRES 4.'441`+'
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: RuniL_IWQ1.F5ur 5TolzE ZONE: G�'i— nc>
=''ATTACH A LETTER describing all processes and activities involved with the proposed uses.
✓ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN %2 ACRE.................................................................$250.00
v '/� ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shall be adhered to zaam7d and approved by City Council.
SIGNATURE OF APPLICANT: " DATE: 12--13 _20/ c
SIGNATURE OF OWNER: (IF NOT APPLICANT) DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
FILE NUMBER:
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
Kommercial Kitchens
23453 IH 10
Vidor, Texas 77662
City of Beaumont
Planning Division
801 Main Street, Room 201
Beaumont, Texas 77701
To Whom it May Concern:
Terry Woodard Enterprises Inc., DBA Kommercial Kitchens, is requesting a Specific Use Permit
for the property located at 2520 Interstate 10 E. We are considering to construct a building
approximately 44,000 square foot on the property formally known as the Ridgewood
Retirement Center. The eastside of this property is fronted by North Tenth Street and the
south side of the property located on Interstate 10 near the 11th Street exit.
The proposed building will be occupied by Kommercial Kitchens of Vidor Texas. Kommercial
Kitchens is a twenty six year old business that provides equipment and supplies to the Food
Service Industry. Kommercial Kitchens sells merchandise wholesale to the Food Service Industry
and is also open to the public.
Kommercial Kitchens will occupy approximately 22,000 square feet and would like to build an
extra 22,000 square feet to lease. We have invited some restaurants to move in the extra lease
space and will provide that information after contracts are signed.
We believe this new establishment will add great value to the neighborhood and help rebuild
the 11th Street area. It should help increase property values to the surrounding area while
adding services and supplies needed in the city.
With the retail mall on the west side and a clothing store on the east side , we should make a
great contribution to neighborhood business. Our business is in many ways like their business.
We have retail customers and do not have any offensive trades that would bother others.
All the utilities needed for the new building are on site, along with exist driveways that serviced
the Ridgewood, we have everything needed for a great start. We are planning to add beautiful
landscaping to the parking lot that will enhance the building. Our signage will also be approved
by the city and will not be offensive to others.
Our plan is to construct a building that all the citizens of Beaumont will be proud to have in
their city.
Thank You
Terry -Woodard
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A WHOLESALE FOOD
SERVICE MERCHANDISE STORE IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT AT 2520 INTERSTATE HIGHWAY
10 EAST IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, Terry Woodard, on behalf of Terry Woodard Enterprises, Inc. d/b/a
Kommercial Kitchens, has applied for a specific use permit to allow a wholesale food
service merchandise store in an GC -MD (General Commercial -Multiple Family Dwelling)
District at 2520 Interstate Highway 10 East, being part of Blocks 4 & 5, Emma Reed
Addition, Beaumont, Jefferson County, Texas, containing 4.44 acres, more or less, as
shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a wholesale food service merchandise store in a GC -MD (General Commercial -Multiple
Family Dwelling) District at 2520 Interstate Highway 10 East, subject to the following
conditions:
• Property must be landscaped to meet ordinance requirements.
• Dumpster must be set back no less than twenty-five (25) feet or be
completely screened on a minimum of three (3) sides with a gate.
• Sidewalk must be installed along the access road.
• Change the street from 9th Street to 10th Street on the site plans.
and,
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a wholesale food service merchandise store is in the best interest of
the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.-
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a wholesale food service merchandise store in
a GC -MD (General Commercial -Multiple Family Dwelling) District at 2520 Interstate
Highway 10 East, being part of Blocks 4 & 5, Emma Reed Addition, Beaumont Jefferson
County, Texas, containing 4.44 acres, more or less as shown on Exhibit "A," is hereby
granted to Terry Woodard Enterprises, Inc. d/b/a Kommercial Kitchens, its legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following conditions:
• Property must be landscaped to meet ordinance requirements.
• Dumpster must be set back no less than twenty-five (25) feet or be
completely screened on a minimum of three (3) sides with a gate.
• Sidewalk must be installed along the access road.
• Change the street from 9th Street to 10th Street on the site plans.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein
above described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2017.
- Mayor Becky Ames -
File 2280-P: A request for a Specific Use Permit to allow a wholesale Food Service
Merchandise store in a GC -MD (General Commercial -Multiple Family Dwelling) District.
Applicant: Terry Woodard Enterprises, Inc., DBA Kommercial Kitchens
Location: 2520 Interstate Highway 10 East 0 100 200 300 400
I I I I I I Feet
EXHIBIT °A"
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VICINITY MAP
INTERSTATE HIGHWAY 10
FOR REVIEW & COMMENTS 12-20-16.F°.
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KITCHEN & R,FfTAIL DEM OPM NT
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2520 INTERSTATE 10 E
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BEAUMONT,TX777QS
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No Text
2
January 31, 2017
Consider a request for an abandonment of a portion of the Crockett Street right-of-way between
Park Street and Orleans Street
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
S 7
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: January 31, 2017
REQUESTED ACTION: Council consider a request for an abandonment of a portion of the
Crockett Street right-of-way between Park Street and Orleans
Street.
BACKGROUND
The City of Beaumont is requesting abandonment of the Crockett Street right-of-way. The
requested portion of right-of-way extends from the northeast right-of-way line of Park Street to
the southwest right-of-way line of Orleans Street and is approximately 6 1. 11 feet wide and 300
feet long. This property is currently used as part of a parking lot, which the city has leased in the
past. The city would now like to sell the public lot, but several of the parking spaces are located
in the right-of-way.
Due to existing water, sewer and traffic light equipment within the right-of-way, an easement
will be required.
At a Joint Public Hearing held on January 23, 2017 the Planning Commission recommended 8:0
to approve a request for an abandonement of a portion of the Crockett Street right-of-way with
the following conditions:
1. That an easement is retained as per the applicant's request.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following conditions:
1. That an easement is retained as per the applicant's request.
APPLICATION FOR RIGHT-OF-WAY
OR UTILITY EASEMENT ABANDONMENT
CITY OF BEAUMONT, TEXAS
THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE)
OR RIGHT-OF-WAYBUT RETAIN UTILITY EASEMENT.
NAME OF APPLICANT: CI BVI 6 Beaumoyct PHONE: 37 5 FAX:
AUTHORITY OF IN h �r
APPLICANT:
830.37311
NAME
OWNER: ` y O� Q e'au Ont
ADDRESS: SDI / &l rL .5+-. PHONE: 980.3711$ FAX: 580. 37 3
ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION)
.11 ' W 1 dttn bJ 3Od GL I S �'d.viCe
PRESENT USE OF ROW OR UE (LIST UTILITIES IF rr
PRESENT) W 0.'fGr 5G we r avid '�Ya i G 1� Ind- eq Pmcn# a nd
W I rvv%-q
ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT.
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. OR TRACT 44
BLOCK NO. PLAT E -
ADDITION SURVEY N • IeV 15
ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE
LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE).
ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND
TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST
IN THE PROPERTY SHALL BE CHARGED.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE
SIGNATURE OF
APPLICANT:
PLEASE T 'BKOR PRINT AND SUBMIT
FILE, NUMBER:
DATE RECEIVED:
IS TRUE AND CORRECT.
DATE: I t • 30. 1 co
PLANNING DIVISION, ROOM 205
CITY HALL, 801 MAIN STREET
BEAUMONT, TX 77701
P.O. BOX 3827 77704
(409) 880-3764 FAX (409) 880-3133
APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT
Application Ownership List
Date: 11 - 30, / 4D
We, the undersigned, being the sole owners of all the property abutting the proposed abandonment
of � � , r X 30�� �l Gl Vhf V�G`y 4! IA eG�
CV-0 c' f -1 siyee t , hereby respectfully petition
that the right-of-way, alley, or utility easement be closed and abandoned.
OWNER and ADDRESS
Lot
BIock
Addition
(tract)
(tax plat)
(survey)
y g C BOG e t
-744-
52
l ►�a�-t t+
AI I i "Ct- G V-"
3 2-
5
Trate+ a
14�
Croczu t zbi-. rev
4()o 0- leGwtS
34?-
3 s�
52
Trait D
NOTE: Please print or type your name and then use signature. Separate sheets may be used.
BEAUMONT
T E X A 5
ENGINEERING
INTEROFFICE MEMORANDUM
TO: Chris Boone, Community Development Director
FROM: Dr. Joseph Maidalani, P.E. DATE: November 30, 2016
X For your information
For your review or comment
Please discuss with me
Please take action
Please investigate and respond
Please sign, notarize & return
Re: Crockett Street Right -of -Way Abandonment — retain general utility easement
The City of Beaumont is selling the public parking lot located at the corner of the 700 Block of
Laurel Street at Park Street. In 1992, the City of Beaumont executed a lease agreement with
Crockett Street Station, Inc. to lease 35 parking spaces in the Crockett Street Parking area. The
lease was recently terminated and the City has been contacted by outside interest to purchase the
parking lot.
During the process of selling the property, our office has determined that several of the public
parking spaces were constructed within the Crockett Street right-of-way as a part of the parking
lot. The City would like to abandon Crockett Street between Park Street and Orleans Street to
rectify the parking spaces currently located within the Crockett Street right-of-way.
If you have any questions, please give my office a call.
Thanks,
Jos hMajdal7or
E.
ubli Works Direc
: A request for the abandonment of a portion of the Crockett Street right -of
►plicant: City of Beaumont, Public Works
kation: From the east right-of-way line of Park Street, to the west right-of-way Iii
Orleans Street as it intersects Laurel Street. 0 100 200
Feet
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND
ABANDONING A PORTION OF THE CROCKETT
STREET RIGHT-OF-WAY BETWEEN PARK STREET
AND ORLEANS STREET, CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS; AND RETAINING A
GENERAL UTILITY EASEMENT.
WHEREAS, the City of Beaumont Planning Department has requested the
abandonment of a portion of the Crockett Street right-of-way between Park Street and
Orleans Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A"
and shown on Exhibit "B," attached hereto; and,
WHEREAS, the City Council has considered the purpose of said abandonment
and is of the opinion that the right-of-way is no longer necessary for municipal street
purposes and the abandonment of said right-of-way is in the best interest of the City
and should be granted subject to the following condition:
• The City of Beaumont shall reserve and retain a 61.11' x 300' general utility
easement in the abandoned right-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT a portion of the Crockett Street right-of-way between Park Street and
Orleans Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A"
and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and
abandoned and that title to such property shall revert to and become the property of the
persons entitled thereto, as provided by law, subject to the following condition:
• The City of Beaumont shall reserve and retain a 61.11' x 300' general utility
easement in the abandoned right-of-way;
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2017.
- Mayor Becky Ames -
0
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 0.4197 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52,
Jefferson County, Texas and being that certain portion of Crockett Street lying between Park
Street and Orleans Street, said 0.4197 acre tract being more particularly described as follows:
BEGINNING at the most Westerly corner of Block 52 of the Original Townsite of Beaumont, a
subdivision of the City of Beaumont, according to the plat thereof recorded in Volume 448, Page
249, Deed Records, Jefferson County, Texas, said corner also being the intersection of the
Southeasterly right-of-way line of Crockett Street (based on a width of 61.11 feet) and the
Northeasterly right-of-way line of Park Street (based on a width of 6 1. 11 feet);
THENCE NORTH 40028'15" WEST, over and across the said Crockett Street, for a distance of
61.11 feet to a point for corner, said corner being the most Southerly corner of the remainder of
that certain called 35,912.80 square feet tract of land as described in a "General Warranty Deed"
from First City National Bank of Beaumont to the City of Beaumont as recorded in Film Code
No. 100-72-0784, Official Public Records of Real Property, Jefferson County, Texas, said corner
also being the intersection of the Northwesterly right-of-way line of Crockett Street and the
Northeasterly right-of-way line of Park Street;
THENCE NORTH 49°31'45" EAST, along and with the Northwesterly right-of-way line of
Crockett Street and the Southeasterly line of the remainder of the said 35,912.80 square feet City
of Beaumont tract, for a distance of 286.23 feet to a point for corner, said corner being in the
South right-of-way line of Laurel Street;
THENCE NORTH 78040'38" EAST, along and with the South right-of-way line of Laurel
Street, for a distance of 15.77 feet to a point for corner, said corner being the intersection of the
South right-of-way line of Laurel Street and the Southwesterly right-of-way line of Orleans
Street (based on a width of 6 1. 11 feet);
THENCE SOUTH 40028'15" EAST, along and with the Southwesterly right-of-way line of
Orleans Street, for a distance of 53.43 feet to a point for corner, said corner being the most
Northerly corner of the said Block 52 of the Original Townsite of Beaumont and being the
intersection of the Southeasterly right-of-way line of Crockett Street and the Southwesterly right-
of-way line of Orleans Street;
THENCE SOUTH 49°31'45" WEST, along and with the Northwesterly line of the said Block 52
of the Original Townsite of Beaumont and the Southeasterly right-of-way line of Crockett Street,
for a distance of 300.00 feet to the POINT OF BEGINNING and containing 0.4197 Acres,
more or less.
EXHIBIT "A"
D LEASED AREA
THE CR❑CKETT STREET
PARKING PLAZA
SITE PLAN
SCALES N,T,S.
PARK
EXHIBIT "B"
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REMAINDER OF
CALLED 35,912.80 SQ. FT.
CITY OF BEAUMONT
FC. NO. 100-72-0784
OPRJC
N49031'45"E 286.23'
CROCKETT STREET
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CITY OF BEAUMONT
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15-1250 15-1--E CHIBR.DWG
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
+ARK
FIRM NO. 10106700
P. 0. BOX 5182 3250 EASTEX FRWY.
BEAUMONT, TEXAS 7772"92 BEAUMONT, TEXAS 77703
109492-0/21 (FAX) 109-092-1110
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EXHIBIT OF
THE ABANDONMENT OF
A PORTION OF
CROCKETT STREET
BEAUMONT, JEFFERSON
COUNTY, TEXAS
3
January 31, 2017
Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to
the Animal Health Advisory Committee
0 0 A
VUInT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: January 31, 2017
REQUESTED ACTION: Council consider amending Chapter 2, Division 9, Section 2.02.241
of the Code of Ordinances related to the Animal Health Advisory
Committee.
BACKGROUND
On January 10'', the City Council held a work session to review and discuss proposed changes to
the City's Animal Services ordinance. In addition to the changes in the ordinance, the
Administration recommends making changes to the Animal Health Advisory Committee. The
following changes are being proposed:
• Change the name of the committee from "Animal Health Advisory Committee" to
"Animal Care Advisory Committee."
• Reduce the number of committee members from eight (8) to seven (7) by removing the
Director of Health from the committee.
• Allow the Mayor, instead of the Police Chief, to make recommendations concerning the
"residents -at -large" committee appointments.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
4 Division 9. Animal Care Health Advisory Committee
4k Sec. 2.02.241 Established
(a) There is hereby established an Animal Care health AdvisoryCommittee of the City to act in
an advisory capacity to the City Council and to the Animal Care division peliee-depawneat
concerning rules and regulations pertaining to the operations of the Animal Care Facility
and to make recommendations to the Animal Care Manager ehiefof pele concerning animal
control by the City.
(b) Such committee shall consist of seven (7) eight (8) members composed of the City
veterinarian, , the Animal Care Manager eeatF4 pervlse�, a representative
from the City police department, one (1) representative from an animal welfare organization, and
three (3) residents -at -large as recommended by the Mayor theeWe€ of Peliee, all of whom shall be
appointed for two-year terms, expiring on September 30 of odd -numbered years.
(c) The advisory committee shall meet at least three_atimes a year.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 04-097, sec. 1, adopted
12/7/04; 1978 Code, sec. 5-37; Ordinance 15-031, sec. 1, adopted 8/25/15; Ordinance
15-049, sec. 10, adopted 11/10/15)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE
2.02, DIVISION 9, SECTION 2.02.241 OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES
RELATING TO THE ANIMAL HEALTH ADVISORY COMMITTEE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 2, Article 2.02, Division 9, Section 2.02.241 of the Code of Ordinances of
the City of Beaumont, be and the same is hereby amended to read as follows:
Division 9. Animal Care Advisory Committee
Sec. 2.02.241 Established
(a) There is hereby established an Animal Care Advisory Committee of the City to act
in an advisory capacity to the City Council and to the Animal Care division concerning
rules and regulations pertaining to the operations of the Animal Care Facility and to
make recommendations to the Animal Care Manager concerning animal control by the
City.
(b) Such committee shall consist of seven (7) members composed of the City
veterinarian, the Animal Care Manager, a representative from the City police
department, one (1) representative from an animal welfare organization, and three (3)
residents -at -large as recommended by the Mayor, all of whom shall be appointed for
two-year terms, expiring on September 30 of odd -numbered years.
(c) The advisory committee shall meet at least three (3) times a year.
Section 2.
That if any section, subsection, sentence, clause of 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 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
.,Pr,tinn 4
That any person who violates any provision of this ordinance shall, upon conviction, be
punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2017.
- Mayor Becky Ames -
January 31, 2017
Consider amending Chapter 10, Section 10.0 1.008 (Health Fees) and Chapter 4 (Animal Control)
of the Code of Ordinances
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: January 31, 2017
REQUESTED ACTION: Council consider amending Chapter 10, Section 10.01.008 (Health
Fees) and Chapter 4 (Animal Control) of the Code of Ordinances.
BACKGROUND
On January 10th, the City Council held a work session to review and discuss proposed changes to
the City's Animal Services ordinance. The changes that were discussed during that work session
are as follows:
Chapter 10
• Remove all "Animal services" fees currently listed under Chapter 10, Section 10.01.008
Chapter 4
• Rename the division from "Animal Services" to "Animal Care"
• Increase the pet limit per household from four (4) dogs and/or cats to eight (8) dogs
and/or cats
• Regulate the transportation of animals within motor vehicles
• Increase the validity of a rabies vaccination from one (1) year to three (3) years
• Prohibit the possession of venomous snakes within the City limits
• Limit the number of constrictors that can be kept at one residence
• Add Article 4.09 related to Animal Care Fees
o Reduce the reclaim fee to $45 per occurrence
o Add a microchipping fee if a citizen request the service
o Streamline the kennel fee to $50 per year regardless of the number of animals
o Increase the adoption fee for dogs and cats
The above changes are being recommended by the Animal Health Advisory Committee.
The proposed ordinance is attached for your review.
FUNDING SOURCE
Not applicable.
Q, ARTICLE 4.01 GENERAL PROVISIONS*
Q Sec. 4.01.001 Local health authority designated
The City Animal Care Manager entre' �� will be designated as the local health
authority for the purpose of this Chapter. Immediatelyupon intake at the Animal Care Facility,
the Animal Care Manager shall be considered the designated caretaker of the animal for purposes
of examinations care or disposition if necessary. His duties will be to enforce all city and state
laws pertaining to the control of animals within the City. Any reference to the Animal Care
Manager will include his designee any animal care officers or law enforcement officer of the
City. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, sec. 3, adopted 8/22/06;
1978 Code, sec. 5-15)
40, Sec. 4.01.002 Office of aAnimal Care Manager eontrol supen,iso established;
duties; enforcement
(a) The Animal Care Manager ,
f * f " of the e: y shall have the authority to issue citations and file charges in any
court of competent jurisdiction fnunieipal ^ for any violation of this Chapter and any other
power or duty stated within the terms of this Chapter.
(b) It shall be unlawful for any person to knowingly prevent, interfere with, or obstruct the
Animal Care Manager centfol supe ,
o€fee in the performance of his dwk duties. It shall be unlawful for any person to fail to comply
with any lawful order of the Animal Care Man
or- an), animal eentr-el officer- of the eity.
(c) The Animal Care Manage leeal anifnal centfol supe iifnal contfol offi"e" and
any law en fefeement eff eei has the authority to enforce any and all provisions of this Chapter.
(d) The City shall be entitled to pursue all other criminal and civil remedies to which it is entitled
under the authority of federal, state or local law.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-42)
4 Sec. 4.01.003 Abatement and imminent threat; right of entry
(a) The Animal Care Manager 'effleer-s a law enfervement officers shall have the
power to impound animals that create an animal nuisance per se for the purpose of abating a
nuisance and in cases where he has they have reason to believe an animal has been or is being
cruelly treated, has rabies or exhibits other violations of law as follows:
(1) On public property, in all cases;
(2) On private property, i£
(A) The consent of the resident or property owner is obtained;
(B) He reasonably believes there is immediate and imminent danger or peril to
the public or to the animal if the animal in question is not impounded; or
(C) Authorized by appropriate courts of law.
(3) The o€fieer Animal Care Manager has the right to pursue and apprehend animals
running at large onto private property while enforcing the provisions of this Chapter.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-38)
14, Sec. 4.01.004 Immediate euthanasia authorized
(a) The Animal Care Manager difeetef of publie health, the leeal health authority, animal
, the LIILI ..aa a
health,eefitr-ol S any per -sen -designated by either- the direeter- of publie 1
of eity , eil .,cling on behalf of the ei y, is authorized to kill immediately euthanize any
animal found at large or any impounded animal in the following circumstances:
(1) The animal appears to be suffering from serious injury, pain or agony;
(2) Circumstances exist which reasonably cause the Animal Care Manager eel
supeiser to believe that the animal presents a serious risk to the health or safety of
the public;
(3) Circumstances exist which reasonably cause the Animal Care Manager eentrel
supe i : to believe that the animal presents a serious risk to the health or safety of
the animal population of the City Animal Care Facility shelter or the animal population
of the City.
(b) The Animal Care mel division may euthanize or release to a bona fide rescue entity or
individual any impounded animal immediately upon declaration of evacuation of the City due to
natural or man-made disasters; any quarantined animals will be handled on a ease by case basis at
the discretion of the Animal Care Manager, —fol supen,iser, who is authorized to do one of the
following:
(1) Euthanize any quarantined animal, remove the head or brain of the animal and
submit it to the nearest Texas Department of State Health Services laboratory for testing
for of rabies;
(2) Release the quarantined animal to the owners, requiring the return of said animal
upon_Lqquest-Fetufw.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-41)
2
4 Sec. 4.01.005 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 Animal Care Manager the -legal
health ' *hor-it , to euthanize,destroy, or cause to be euthanized,destreyed, 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. (Ordinance 84-166, sec. 1,
adopted 12/18/84; 1978 Code, sec. 5-3)
44- Sec. 4.01.006 Previous convictions
If a person has been previously convicted of an offense under this Chapter, a subsequent
conviction shall be punishable by a fine of not less than two hundred dollars ($200.00) but not
more than five hundred dollars ($500.00). (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978
Code, sec. 5-43)
Q Sec. 4.01.007 Sale of animals 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978
Code, sec. 5-2)
01 Sec. 4.01.008 Selling or displaying animals in certain places; private animal sales
It shall be unlawful for any person to offer, sell, trade, barter, lease, rent, give away, or display
for commercial purpose any live animal, on any roadside, public right-of-way, commercial
parking lot, or any flea market within the City. This provision does not prohibit the sale or
purchase of animals from a person's private residence. (Ordinance 06-048, secs. 1, 2, adopted
8/22/06; 1978 Code, sec. 5-2.1; Ordinance 07-014, sec. 1, adopted 2/13-07)
0- Sec. 4.01.009 Kennels
(a) Commercial kennels generally; dog and cat fanciers permit
(1) Commercial kennel.
(A) The words "commercial kennel" shall mean any lot, building, structure,
enclosure or premises where one (1) or more dogs, cats or other pet animals are
kept for commercial purposes, including boarding, breeding, sale of goods or
animals, or the rendering of services for profit. No person, group of persons or
business entity shall operate a commercial kennel without first having obtained a
valid commercial kennel permit license from the Animal Care division. city
h . For the purposes hereof, the breeding and sale of the litter of
3
animals kept and maintained as household pets, and/or the litter of animals kept
and maintained by the holder of a dog and cat fancier's permit, shall not be
deemed and considered a commercial kennel. Unless the premises are covered by
a commercial kennel permit lieense, only one (1) litter from animals kept as
household pets of a dog and cat fancier's
permit shall be allowed on premises at any given time.
(B) Suchpermit lieense 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 4.09.001 of the Code of Ordinances. The fee shall
be due and payable in advance on or before January 1 of each year. No kennel
permit ase shall be issued or renewed until an inspection certificate has shell
have been issued by the health „o.,,,,.: ent giving evidence that a sanitary
inspection of the premises has been made by the Animal Care division depaFfineat
of health of the City. The vermit lieense issued shall specify the maximum
number of animals permitted to be kept, handled or exhibited by the_permit
holder. licensee. It shall be unlawful for thepermit holder lieeasee to keep, handle
or exhibit any number of animals in excess of the maximum specified on the
permit.lieease. All applicants for a kennel permit heense with the City, if required
by state statute to be licensed by a state agency, the applicant must have a valid
license issued by said agency to qualify for a permit lieeasufe by the City. The
possession of a state license shall not in itself assure that a city permit heense will
be granted.
(C) Should the Animal Care Manager believe a
commercial kennel permitted lieeased under this section is in violation of any
zoning law, health law, or any other applicable law of the city or state or believe
the commercial kennel 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, the
Animal Care Manager health autheF4 may provide written notice to the permit
holder ,
kennel specifically stating the nature and facts supporting the nature of the alleged
violation or detrimental condition. Such notice shall also state the intention to
repeal the commercial kennel permit lieense and provide an effective date of such
lieease permit repeal not less than twenty-five (25) days after the date of the letter
of notice. Should the person or persons holding the commercial kennel permit
license desire to appeal the decision of the Animal Care Manager health aather-ity
^r its designe-e such appeal should be made in writing within ten (10) days of the
date of the letter of notice and in such case the Animal Care Manager health
auther-i shall convene the Animal Care heakh Advisory Committee to hear the
appeal. The decision of the Animal Care health Advisory Committee shall be final
concerning revocation or non -revocation of the commercial kennel permit.
lieense. The decision of the committee shall be made prior to the date of repeal
set out in the notice letter; if the decision is not timely made, the_permit lieense
shall continue in full force and effect until a decision is made.
4
(D) This section shall not apply to and will not be construed to require a
commercial kennel permit Dense for:
(i) A veterinary hospital operated by a licensed veterinarian which retains
animals for veterinary medical care;
(ii) A bona fide publicly or privately owned zoological park;
(iii) A bona fide research institution using animals for scientific research;
(iv) A publicly owned animal shelter.
(E) A certificate shall be issued by the Animal Care division health depaftmerrt
to the person paying for a commercial kennel permit 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 Animal Care division d.,,,.amen, of health shall keep a permanent
record of all commercial kennel permits heenses issued under the terms of this
section, which record shall show the name and address of persons being issued a
kennel permit license, the name and address of the kennel, the number of the
commercial kennel permit lyse, the date issued and the amount paid therefer.
(2) Permit, dog and cat fancier.
(A) The words "dog and cat fancier's premises" shall mean any lot, building,
structure, enclosure or other premises where nine 9 five (5) or more dogs and/or
cats, each over the age of four (4) months, f (5) r more eats, eaeh ever- the age
of four- (4) months, or- a total of five ""
A, -J or more dogs and ea�s, each ever the age
r (^) ment, are kept, harbored or maintained:
(i) For showing in recognized dog shows, obedience trials, or field trials.
(ii) For working and hunting.
(iii) For exhibition in shows and trials.
(iv) For household pets.
(B) No person may operate a dog and cat fancier's premises without first having
obtained a valid permit from the Animal Care division. health aut-,„_.+« or t
theeity health departme lt. A person may apply for a permit for a dog and cat
fancier's premises prior to purchase of such premises; in such case, the permit if
issued may be issued subject to such purchase. The application shall be in writing
and shall provide sufficient information to document the following:
5
(i) That the animals will not create nuisance conditions for adjoining or
nearby properties;
(ii) That all animals will be securely confined to the property;
(iii) That adequate methods for sanitation and sewage disposal are provided;
(iv) A list of all animals by number, breed, sex, age, and color.
(C) Outside structures or enclosures used to maintain the animals should be
located only in the back yard and shall not occupy more than twenty (20) percent
of the yard area.
(DE) The applicant shall pay to the City a nonrefundable fee of two hundred
dollars ($200.00) at the time the application is submitted. If two (" ^" more
the application is
otherwise acceptable to the Animal Care Manager health .,u4hefity the permit
shall be granted for a one_(D-year period; otherwise the permit shall be denied.
Appeals of denials will be handled in accordance with the provisions of
subsection (FC) of this subsection.
(Eli) Permits will be issued for one (1) year periods and must be renewed
annually by payment in accordance with section 4.09.001. A permitted dog and
cat fancier's premises is an allowable use in any zoning classification. Prior to
issuance of any permit, either original or renewal, the Animal Care Manager
buy shall inspect the premises to assure compliance with this section.
The number, breed, sex, age, and color or colors of all animals shall be listed on
the permit. No new animals may be added nor shall exchanges be allowed unless
application for amendment to the permit is made and approved.
Z
(FG) Permits may be revoked by the Animal Care Manager Affiifnal Se --.,;^^c
Manager health ^uthofity of itshis designee if provisions of this section, other
ordinances of the City or the laws of the state, or the terms and conditions of the
permit are violated. Appeals of revocation of a permit or the refusal to grant a
permit shall be made to the Animal Care Manager"
The request for appeals shall be made in writing within five (5) days of the receipt
of the written notification of the refusal to grant the permit or the revocation of the
permit. Upon receipt of request for such an appeal, the Animal Care Manager
health authef4y shall convene the Animal Care health Advisory committee to hear
the appeal within fourteen (14) days. The decision of the Animal Care health
Advisory Committee shall be final.
(b) Structure requirements; feeding, watering, and sanitation.
(1) General structure.
(A) Structural strength. Housing facilities shall be structurally sound and shall
be maintained in good repair in order to protect the animals from injury, to contain
them, and to prevent exposure to other animals.
(B) Water and electric power. Reliable and adequate electric power, if required
to comply with other provisions of this section, and adequate potable water shall
be available.
(C) Storage. Supplies of food and bedding shall be stored in facilities which
adequately protect such supplies against infestation or contamination by vermin.
Refrigeration shall be provided for supplies of perishable food.
(D) Waste disposal. Provision shall be made for the removal and disposal of
animal and food waste, bedding, dead animals and debris. Disposal facilities shall
be so provided and operated as to minimize vermin infestations, odors, and
disease hazards.
(E) Washrooms and sinks. Facilities for personal hygiene, such as washrooms,
basins or sinks, shall be provided for employees.
(2) Indoor facilities.
(A) Heating. Indoor housing facilities shall be sufficiently heated when
necessary to protect the animals.
(B) Ventilation. Indoor housing facilities shall be adequately ventilated to
provide for the health and comfort of the animals at all times. Such facilities shall
be provided with fresh air either by means of windows, doors, vents, or air
conditioning and shall be ventilated so as to minimize drafts, odors, and moisture
condensation.
7
(C) Lighting. Indoor housing facilities shall have ample light of sufficient
intensity to permit routine inspection and cleaning during the entire work period.
Primary enclosures shall be situated to protect the animals from excess
illumination.
(D) Interior surfaces. The interior building surfaces shall be constructed and
maintained so that they are impervious to moisture and may be readily sanitized.
(E) Drainage. A suitable drainage method shall be provided to rapidly eliminate
excess water from indoor housing facilities. If drains are used, they shall be
properly constructed and kept in good repair to avoid foul odors therefrom. If
closed drainage systems are used, they shall be equipped with traps and so
installed as to prevent any backup of sewage onto the floor of the room.
(3) Outdoor facilities.
(A) Outdoor holding facilities shall be of adequate size and construction to
handle any animal housed therein.
(B) Adequate shelter shall be provided to protect animals from any form of
overheating or cold or inclement weather.
(C) Outdoor holding facilities must be constructed in such manner that they
will protect the animal, be readily sanitized, and will not create a nuisance. A
suitable method shall be provided to rapidly eliminate excess water.
(4) Primary enclosures. Primary enclosures shall:
(A) Be structurally sound and maintained in good repair.
(B) Provide convenient access to clean food and water.
(C) Enable the animal to remain dry and clean.
(D) Be constructed so as to protect the animal's feet and legs from injury.
(E) Provide sufficient space to allow each animal to turn around fully, stand,
sit and lie in a comfortable, normal position.
(5) Feeding.
(A) Dogs and cats shall be fed at least once a day except as otherwise might be
directed by a licensed veterinarian. The food shall be free from contamination,
wholesome, palatable, and of sufficient quality and nutritive value to meet the
normal daily requirements for the condition and size of the dog or cat.
8
(B) Food receptacles shall be accessible to all dogs and cats and shall be located
so as to minimize contamination by excreta. Feeding pans shall be durable and
kept clean and sanitary. Disposable food receptacles may be used but must be
discarded after each feeding. Self feeders may be used for the feeding of dog food,
and shall be kept clean and sanitary to prevent molding, deterioration, or caking
of food.
(6) Watering.
(A) If potable water is not accessible to the dogs and cats at all times, it shall
be offered to them at least twice daily for periods of not less than one (1) hour,
except as directed by a licensed veterinarian.
(B) Watering receptacles shall be kept clean and sanitary.
(7) Sanitation.
(A) Cleaning of primary enclosures. Excreta shall be removed from primary
enclosures as often as necessary to prevent contamination of the inhabitants and
to reduce disease hazards and odors.
(B) Sanitation of primary enclosures. Cages, rooms and pens shall be
maintained in a sanitary condition.
(C) Building and premises shall be kept clean.
(D) A regular program for the control of insects, ectoparasites, and other pests
shall be established and maintained.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 86-16, sec. 1, adopted 2/25/86;
Ordinance 91-69, sec. 1, adopted 9/3/91; 1978 Code, secs. 5-17, 5-17.1)
Sec. 4.01.010 Number of animals allowed per residence
(a) The maximum number of adult dogs and/or cats allowed at any residence is eight (8).
Any combination of dogs and/or cats in excess of eight (8), with the exception of dogs or
cats younger than four (4) months old, will constitute a violation.
(b) This provision does not apply if.
(1) The individual has a commercial kennel permit or a dog and cat fanciers permit; or
(2) The individual is registered as a bona fide rescue entity or foster family; in which
case the maximum number allowed would be ten (10) adult dogs and/or cats in any
comhination_
�9
40, Sec. 4.01.011 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 canine species deg 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec.
5-18)
14- Sec. 4.01.012 Dead animal disposal
(a) No person shall place or deposit the exposed carcass of any animal or fowl on any street,
alley, highway or public place or upon private property or permit to stand any truck or other vehicle
containing such carcass on any street, alley, highway or public place or on private property within
the City. The term "exposed" as used in this section means the exposure of the carcass of an animal
so that putrefying odors may escape and contaminate the air.
(b) Such person or persons shall cause the carcass of such animal or fowl to be disposed of as
follows:
(1) Putting the carcass in tied, double plastic bags and placing at the edge of the
driveway, close to but not on the roadway;
(2) Phoning Calling the Animal Care division eentrel upon immediate discover of
the dead animal to pick up and dispose of the bagged dead animal before such time that
the carcass begins to putrefy, decay and/or become infested with maggots.
(A) Any animal weighing 80op unds or more must be disposed of by the owner
or persons in possession of said dead animal.
(Ordinance 06-048, secs. 1, 2, adopted 8-22-06; 1978 Code, sec. 5-16; Ordinance 07-014, sec. 5,
adopted 2/13/07)
Q Sec. 4.01.013 Fee for picking up dead animals from veterinarian
In accordance with section 4.09.001, a fee will be charged for each trip made by the Animal Care
division leeal health author -it), to pick up twe (2) dead animals from veterinarians. The fees
ehar-ged fef this sen4ee will be in aceefdanee with seetion !0.01.008 of the Code of Ofdinanees.
The Humane Society shall be exempt from the payment of these fees. (Ordinance 84-166, sec. 1,
adopted 12/18/84; 1978 Code, sec. 5-27)
10
4. ARTICLE 4.02 CARE AND TREATMENT*
O Sec. 4.02.001 Generally General care and treatment of animals
(a) Any person, including but not limited to the owner and/or the person who has the care,
custody or control of such animal, commits an offense if he:
(1) Fails to provide a sufficient amount and type of food suitable for the species, size
and age of the animal and in a quantity for the animal to maintain a healthy body
condition and wellness.
(2) Fails to provide cleanpotable water that is available at all times. The water
container shall be affixed in a way that prevents the animal from knocking it over.
(3) Cruelly confines an animal or forces, allows, or permits any animal to remain in
its own filth and/or waste;
(4) Crops a dog's ears, docks a tail, removes dew claws, or performs other surgical
procedures on a dog or cat, except as provided by the Veterinary Licensing Act by a
licensed veterinarian;
(5) Uses any steel jawed, killer -type, toothed trap designed in such a fashion as to
reasonably ensure the cutting, slicing, tearing, or otherwise traumatizing of entrapped
prey and commonly known as a bear trap, wolf trap, or coyote trap in any zoning district
within the city limits;
(6) Instigates or permits any dog fight, cock fight, bullfight, or other combat between
animals or between animals and humans;
anifnal's 1, M safety, or elf r
(78) Throws or allows an animal to jump from a moving vehicle in a manner likely
to injure the animal; or
(9) Ties or tethers a dog or other animal to a stationary object for ama period of
time or in a location so as to create an unhealthy situation for the animal or a potentially
dangerous situation for a pedestrian. If an animal is tied or tethered, it must have an
appropriate swivel attached to the chain or cable.
(A) A restraint must be five times the length of the dog as measured from the
tip of the dog's nose to the base of the dog's tail; or 10 feet
(9) Fails to provide adequate shelter. Dogs shall have protection from the elements
and weather conditions suitable for the age species and physical condition of the dog
11
so as to maintain the dog in a good state of health Shelter shall consists of one the
following:
(A) A dog house that is enclosed with at least three (3) sides a roof and a floor
which is not the ground.
(B) A structure including, but not limited to a garage barnor shed that is to
protect the dog from exposure. This structure shall be secured in such a way
as to offer the animal protection from the sun and rain
(C) The interior height and width of such structure is six (6) inches or more in
excess of the length of the dog as measured from its nose to the base of its
tail.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-39)
14 Sec. 4.02.002 Placement and baiting of animal traps
(a) It shall be unlawful for any person to place or place and bait or to permit the placing or
placing and baiting of any trap designed for trapping animals in any highway, street, alley or other
public place within the city limits unless specific permission by the Animal Care Manager eentrel•
has been granted. However, nothing in this Chapter shall prohibit the Animal_ Care Manager
^entre' erfieor from placing such traps on public or private property as may be necessary to capture
animals running at large.
(b) It shall be unlawful for any person to remove, alter, damage, or otherwise tamper with a trap
or equipment belonging to or set out by the Animal Care eentrel division.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-40)
05- Sec. 4.02.003 Abandoning or dumping animal in city
(a) It shall be unlawful for any person to abandon, forsake or dump any dog, cat or other animal
within the City for any reason.
(b) The term "abandon" as used in this section means to leave an animal in any place without
providing reasonable and necessary care for the animal under circumstances under which no
reasonable and similarly situated owner would leave an animal.
Sec. 4.02.004 Safety of animals in motor vehicles
(a) A person may not transport an animal in a motor vehicle on a public roadway unless:
(1) The animal is safely enclosed within the vehicle; or
12
(2) If the animal is transported in an unenclosed vehicle, including a convertible, pick-
up truck flatbed truck or motorcycle the animal shall be confined in a secure and
appropriately sized and vented container or confined in a manner that prevents the animal
from falling, jumping or being thrown from a vehicle or otherwise being injured.
(b) A person mgy not keep an animal in a motor vehicle or other enclosed space in which the
animal's health or life is endangered by high temperature, low temperature or inadequate
ventilation.
(1) A law enforcement officer or animal care officer may, after attempting to locate the
animal's owner, remove the animal from a vehicle or enclosed space using any reasonable
means necessary, including breaking a window or lock. If professional services are
required to remove the animal the owner is responsible for the cost.
(2) A law enforcement officer or animal care officer who removes an animal from a
vehicle or enclosed space in accordance with this subsection is not liable for any resulting
property damage.
See. 4.02-.M Number of animals allowed per resideneeThe maximum number- -of
Any animals ever- four- anifnal limit, with the exeeptien of puppiesA�iaens would eensfi"e
vielation. Onee the offspring r-eaehes twelve weeks of age, they shall eensti"e a sepaFate
vielation. The fine for- the violation is $125 per- anifnal with a seven day gr-aee period
eemplianee. Exceptions to this would be the possessor- of a eenunereial kennel pefmit of a dog and
at faneier-s, mit
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, secs. 1, 2, adopted 8/22/06;
1978 Code, sec. 5-1)
State law references—Cruelty by abandoning livestock animal, V.T.C.A., Penal Code, sec.
42.09(a)(3); cruelty by abandoning non -livestock animal, V.T.C.A., Penal Code, sec.
42.092(b)(4).
W ARTICLE 4.03 IMPOUNDMENT"
W. Sec. 4.03.001 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. (Ordinance 84-166,
sec. 1, adopted 12/18/84; 1978 Code, sec. 5-20)
13
14- Sec. 4.03.002 Holding periods; reclaiming; shelter fee; sustenance for animals
It shall be the duty of the Animal Care Manager localhealth authority Of aff peliee „fes to
pick up any dog or cat found at large and confine such dog or cat in the City Animal Care
Facility shelter for seventy-two (72) hours in the case of a dog or cat without a microchip, collar
or harness with tag attached, and for one hundred twenty (120) hours in the case of a dog or cat
wearing a current tag or microchip, during which time the owner or person entitled to such dog
or cat, upon satisfactory proof to the Animal Care division leealhealth author -it), of ownership,
may redeem his dog or cat upon the payment of ^ shelter- elter- fee all required fees in accordance with
section 4.09.001 section 10.01.008 and all other such applicable fees provided by that section.
The Animal Care division' eal health authority shall provide, at the cost of the City, suitable and
necessary sustenance for all dogs or cats so impounded. (Ordinance 84-166, sec. 1, adopted
12/18/84; 1978 Code, sec. 5-21)
q. Sec. 4.03.003 Notice to owner
It shall be the duty of the Animal Care Manager leea4 health author -it), to maintain a list of each
animal impounded describing all dogs and cats, whether bearing an immunization tag, microchip
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 or microchip. In case the dog or cat
bears an immunization tag or microchip, then in addition to maintaining a list as required herein,
it shall be the duty of the Animal Care Manager 'e^^"4ealt ^tAhe f ty to notify such person to
whom such immunization tag or microchip 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 received the same. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-
22)
OR. Sec. 4.03.004 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 Animal
Care Manager a health authe •* - _ f his �o..,,.; -- -- - < eit .. l
...- --., --� -r - ",' ,' �n upon demand
for impounding. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-23)
Q. Sec. 4.03.005 Redemption or disposition destruetion of unclaimed animals
(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 reclaim fee as provided
in section 4.09.001 section 10.01.008 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 microchip or collar and immunization tag attached, the
Animal Cares Manager lecalhealth ,,ut ty shall deliver such dog or cat to the first approved
Applicant who applies for ••'hesha appl fef possession of such dog or cat within the
14
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 appropriate
fees as provided for in section 4.09.001, section 10.01 008, 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
Chapter.
(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 Animal Care Manager, at his discretion,
release to a bona fide rescue entity or individual, persons who have applied for adoption, or local
hto destroy euthanize 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.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-24)
05, Sec. 4.03.006 Interference with officers
It shall be unlawful for any person to interfere with or attempt to prevent the Animal Care
Manager localhealth autherity or- an), of his deputies, ^ y city policemen, from catching or
impounding any dog or cat goi*g at large, whether on public or private property not under the
control of the owner, possessor, keeper or harborer of such animal. (Ordinance 84-166, sec. 1,
adopted 12/18/84; 1978 Code, sec. 5-25)
x
..
9, ARTICLE 4.04 RABIES CONTROL"
4. Sec. 4.04.001 Report of bites; suspected rabies
(a) Any person having knowledge that an animal capable of transmitting rabies has bitten or
scratched a person, dog, cat or other animal shall immediately report the incident to the City's
Animal Care division. local healtt, author-ity. The report shall include, if known, the name and
15
address of any victim, the name and address of the owner of the animal, and any other data which
may aid in locating the victim or the animal.
(b) It shall be the duty of every physician or other practitioner to report to the Animal Care
division the names and addresses of persons treated for bites or scratches
inflicted by animals capable of transmitting rabies_., together with seh other inf ,..natio as will
be helr.f,l in rabies eentr.,l
(c) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog,
cat or any other domestic or wild animal shall immediately report the incident to the Animal Care
Manager local 'ea'th a th„r;ty „r 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.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-29)
State law reference—Reports of rabies, V.T.C.A., Health and Safety Code, sec. 826.041.
0. Sec. 4.04.002 Taking up and observing
(a) The owner of a dog or cat 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 immediately quarantined
at the owner's expense for a period of not less than ten (10) days in the City Animal Care Facility
shelter or a veterinary hospital in the City operated by a duly licensed veterinarian. A fee shall be
charged for each day of confinement at the Animal Care Facilitysheitewhen an animal is under
observation in bite cases. This boarding fee shall be assessed in accordance with section 4.09.001.
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.
(1) The Animal Care Manager control supen4sor may authorize a dog or cat owner's
request for home quarantine subject to the following requirements:
(A) Secure facilities are available at the owner's home;
(B) The animal has a current vaccination against rabies;
(C) The animal was not a stray or otherwise wandering loose or at large when
the bite occurred;
(D) A licensed veterinarian must examine the dog on the first day and last day
of the tend day quarantine period and the animal owner must show proof that
a licensed veterinarian has examined the dog; and
(E) The Animal Care eentrel division must be advised immediately if the dog
becomes sick or a change in its condition develops.
16
(2) If the above requirements are met, home quarantine may only be allowed under
the following circumstances:
(A) The owner or owner's spouse or child is the bite victim;
(B) The bite victim is an animal; or
(C) The bite victim or parent or guardian of a minor bite victim agrees to and
signs an agreement form allowing home quarantine.
(3) Dogs owned by the City and used actively by the City Police department in police
work are exempt from the confinement requirements of this section if the bite incident
occurs while the dog is actively involved in police work. However-, stieh animals will
MTV Pty -1 --5 ...- Y"---- "------
r-esponsible for- the dog shall FepeA sueh ehange in behavior- to his iffflnediate superior-,
1, shall 1, the db .l immediately by oto l, Tveter-inar-ian
;11
notify the animal eentfol division of his find' _ ing the dog. Should the
beeeme meftally inj ured of! die dur-ing the ten day period after- a bite it shall be delivefed
t the animal eentfal division.
`45) Any person who is the keeper or has custody and control of an animal shall be
deemed the owner for purposes of this section. If it is determined by a veterinarian that
an animal shows the clinical signs of the disease of rabies, the Animal Care Manager
shall euthanize the animal. leealheaUh authetity shall humanely destroy the animal.
(b) If the animal dies or is euthanized destroyed while in quarantine, the Animal Care Manager
shall remove the head or brain of the animal and submit it to the nearest
department of state health services for testing. If a veterinarian determines that a quarantined
animal does not show the clinical signs of rabies, the Animal Care Manager
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 section shall pay to the Animal Care
divisionjoeal health author -it), the reasonable costs of the quarantine and disposition of the
animal as set out herein and the Animal Care Manager lee&W eaW ,..th^,.;t., may bring suit to
collect those costs. The Animal Care Manager localhealth authority shall euthanize destroy an
17
animal that the owner or custodian does not take possession of on or before the third day
following the final day of the quarantine.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 85-77, sec. 1, adopted 8/6/85;
Ordinance 92-51, sec. 1, adopted 7/14/92; 1978 Code, sec. 5-30)
State law references—Quarantine of animals, V.T.C.A., Health and Safety Code, sec. 826.042;
release or disposition of quarantined animal, V.T.C.A., Health and Safety Code, sec. 826.043.
4k Sec. 4.04.003 Rabies Vaccination
Every owner of a dog, cat or ferret four (4) months of age or older shall have such animal
immunized against rabies once everythree(3Zyears twee .o t2) ^^�*''
-s 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 Care Facility shelter as provided for in section 4.09.001. The fee
shall beasprovide se'rettion 10.01.008 of the Code of OFdinanees. Any person moving into
the C shall comply with this section within thirty (30) ten
(14) days after relocation. To prevent improper vaccination of animals against and the accidental
exposure of humans to rabies, killed virus rabies vaccine modified live .,ifus rabies vaeeine for
animals shall be administered only by or under the direct supervision of a veterinarian who is
licensed to practice in Texas. this state. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance
06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-31)
State law reference—Rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et
seq.
Sec. 4.04.004 Inspecting dog or cat to determine immunization; right of entry
therefor
The Animal Care Manager 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 Animal Care Manager or to impede,
obstruct or exclude the Animal Care Manager when
attempting to enter such premises for the purpose of inspecting such dog or cat. (Ordinance 84-
166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-32)
W Sec. 4.04.005 Tag, certificate from veterinarian required
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 a 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, the 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, that tag shall be attached to the collar or harness of the
18
dog or cat for which it was issued and shall be worn in a conspicuous place on the collar or
harness at all times. The tag issued shall be valid for three (3) years —after the date of
vaccination of the dog or cat to which issued and shall be nontransferable. (Ordinance 84-166,
sec. 1, adopted 12/18/84; 1978 Code, sec. 5-33)
R Sec. 4.04.006 Removal of tag prohibited
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. (Ordinance
84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-34)
0– Sec. 4.04.007 Proof of vaccination
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 Article. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-35)
q Sec. 4.04.008 Animals exposed to rabies
(a) Any person having knowledge of the existence of any animal known to have been or
suspected of having been exposed to rabies must immediately report such knowledge to the Animal
Care Manager localhealth author -it) giving him any information which he may require. When any
animal is known to have been or is suspected of having been exposed to rabies, the following rules
shall be enforced by the Animal Care Manager: leeal health auth r -it "
(1) Unvaccinated animals which have been bitten or directly exposed by physical
contact with a rabid animal or its fresh tissue shall be:
(A) Humanely Euthanized killed; or
(B) 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.
(2) Vaccinated animals which have been bitten or otherwise significantly exposed to
a rabid animal shall be:
(A) hely Euthanized killed; or
(B) 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.
19
(3) These provisions apply only to domestic animals for which an approved rabies
vaccine is available.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-36)
ARTICLE 4.05 DANGEROUS AND VICIOUS ANIMALS*
Q Sec. 4.05.001 Definition; impoundment
(a) A dangerous/vicious animal shall be defined as an animal which:
(1) Has inflicted severe injury or death to a person or bites a person other than the
owner or a member of the owner's immediate family, without provocation, on public
or private property;
(2) Has killed or severely injured a domestic animal without provocation while off
the owner's property;
(3) Has a known or apparent propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic
animals; or
(4) Is trained or harbored for fighting which may be determined based on whether
the animal exhibits behavior and/or bears physical scars or injuries which indicate that
the animal has been trained or used for the purpose of fighting.
(b) If an animal acts as stated in subsection (a)(1) or (a)(2) of this section or is trained or harbored
for fighting, the Animal Care Manager -animaleentr-el officeshall impound the animal
immediately if it is at large; or, if it is in the possession of some person, the Animal Care Manager
coatr-ol officermay issue a notice requiring that the animal be taken to a designated location for
impoundment. An animal which is impounded shall not be released until a final determination is
made on the disposition of the animal.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19)
O Sec. 4.05.002 Declaration of a dangerous animal
(a) The Animal Care Managerhealth d etef or his/heY designee� may declare an animal to be a
dangerous animal if the official has sufficient cause to believe that an animal is dangerous as
defined under section 4.05.001(a)(1), (2), (3), (4).
(b) Within five (5) working days of declaring an animal to be a dangerous animal, written notice
shall be given to the owner that the Animal Care Manager health difeetef or- his/her- designee has
determined that the animal is a dangerous animal. This notice shall also set out the requirements
for a dangerous animal which the owner must comply with as set forth in section 4.05.003. This
20
notice shall be given to the owner by personal service or by certified mail, return receipt requested.
In the event that certified mail, return receipt requested, cannot be delivered, the Animal Care
Manaizer-eentrel divi may then give notice by ordinary mail.
(c) The owner of an animal declared to be dangerous may appeal the determination of the Animal
Care Manager health dir-ee*^r to the Animal Care Advisory Committee. The request for a
determination hearing must be in writing and must be received by the Animal Care Manager
a' f the ity health depai4tnent of his/her- designee no later than five (5) working days from
receipt by the owner of the dangerous animal declaration. Failure to appeal the declaration within
five (5) working days shall result in the Animal Care Manager'shealth three declaration
becoming final.
(d) If the owner of a dangerous animal cannot be determined after reasonable efforts to do so
and after holding the animal for seventy-two (72) hours, the animal may be euthanized. If the
owner of a dangerous animal which has been impounded is known but cannot be located for service
of the notice required herein either in person or by mail, the animal may be euthanized after a
reasonable effort has been made to locate such owner. Nothing herein shall be construed to require
the City to hold the dangerous animal longer than seventy-two (72) hours because it is unclaimed.
(e) Determination hearing.
(1) Upon written request for a determination hearing by the owner of an animal
declared dangerous herein, the Animal Care Manager direeter of the city hea'*'
aepai. mens of his/her- designee shall schedule said hearing. The hearing committee
shall be made up of members of the Animal Care health Advisory Committee. The
determination hearing shall be conducted within fourteen (1 4) ten (10) days of receipt
of the request for such hearing. The owner shall be notified of said hearing by first class
mail. Failure of the owner to appear at the determination hearing shall in no way prevent
the hearing committee from proceeding with the hearing. A determination of the
committee shall be made at the conclusion of the hearing. The decision of the
committee shall be the final administrative determination by the City.
(2) Pending the outcome of the determination hearing, the animal must be securely
confined in the Animal Care eentrel Facility or at the request of the owner of the
animal, with a licensed veterinarian at the expense of the owner. The costs of securing
said animal at the Animal Care eenlrel Facility pending the determination hearing shall
be borne by the owner.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.1)
0- See. 4.05.003 Requirements for owner of a dangerous animal
(a) No later than fifteen (15) days after an animal is declared dangerous the owner must comply
with all of the following requirements before the subject animal can be released to the owner by
the Animal Care division: eentr-el:
21
(1) Register the animal as a dangerous animal with the Animal Care division control
auther-ity and pay an annual fee in accordance with section 4.09.001. for- the area in
w-hieh the animal is kept. The cost fef registration shall be fifty dollafs ($50.00) pef
(2) Obtain and maintain liability insurance coverage or show financial responsibility
in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages
resulting from an attack by the dangerous animal causing bodily injury to a person or
for damages to any person's property resulting from the keeping of such dangerous
animal. A certificate of insurance or other evidence of meeting the above requirements
shall be filed with the city Animal Care division centre' facil t -Y before said dangerous
animal shall be returned to the owner if it is being held by the city or a veterinarian.
(3) Restrain the dangerous animal at all times on a leash in the immediate control of
a person or in a -secure enclosure.'The enclosure must have secure sides, a secure top
attached to the sides, and a secure bottom which is either attached to the sides or else
the sides of the structure must be embedded in the ground no less than two (2) feet. In
addition, the secure enclosure must be:
(A) Locked;
(B) Capable of preventing the escape or release of the animal;
(C) Clearly marked as containing a dangerous animal.
(4) The owner shall post a sign on his premises warning that there is a "dangerous
animal on the property." This sign shall be visible and capable of being read from the
public street. ^: In addition, the area where the animal is kept must be kept
secure from small children from gaining access.
(5) The dangerous animal, when taken outside the enclosure, must be securely
muzzled in a manner that will not cause injury to the animal nor interfere with its vision
or respiration, but shall prevent it from biting any person or animal.
(6) A dangerous animal may not be chained to any object outside the dwelling or
locked enclosure either on or off the property of the owner.
(b) If the owner of an animal declared to be dangerous is unable or unwilling to comply with
the ownership requirements listed above at any time, the animal must be euthanized by the city
Animal Care eentrel division or a licensed veterinarian or removed from the city. An animal
declared to be dangerous under this Chapter shall not be offered for adoption or sale within the
City unless the new owner is willing to comply with the provisions of this Article. Transfer of the
dangerous animal to a new owner must be approved by the Animal Care health Advisory
Committee.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.2)
22
Sec. 4.05.004 Reporting significant events
(a) The owner of an animal declared dangerous under the provisions of this Article shall report
any of the following events within five (5) days to the Animal Care Manager: eentra' offi
(1) Permanent removal of the animal from the City.
(2) Death of the animal.
(3) The birth of any offspring of the animal, including the number, markings, color
and sex.
(4) Change of location within the City.
(b) The owner of an animal declared dangerous under the provisions of this Article shall report
immediately to the Animal Care Manager eentr-el supen4so the escape of the animal or an attack
or biting of a person or other animal.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.3; Ordinance 07-014, sec. 6,
adopted 2/13/07)
Q Sec. 4.05.005 Penalties for violation
Upon conviction the owner of an animal declared to be dangerous herein shall also be subject to
a fine pursuant to section 1.01.009 of the Code of Ordinances of not less than one h ma, oa
dollars ($ 100.00) but not more than five hundr-ed dollars ($500.00) for each violation of section
4.05.003 or 4.05.004 of this Chapter or for interference with enforcement of this Chapter. This
penal provision is in addition to any administrative determination by the Animal Care
Manager. ' officef or -the d f the city health de...,..t. ent (Ordinance 03-065, sec. 1,
adopted 7/29/03; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-19.4; Ordinance
07-014, sec. 7, adopted 2/13/07)
4 Sec. 4.05.006 Notice to law enforcement authorities and victims before euthanasia or
disposal of animal involved in fatal or serious injury to persons
(a) No animal known or believed to have inflicted a serious injury or fatality of a person shall
be euthanized or disposed of pursuant to section 4.05.002(d), section 4.05.003(b), or any other
provision of this Chapter, unless and until the City Police department, and any other law
enforcement authority known or believed to be involved in an investigation of the incident, has
been notified of the intention of the Animal Care division* ..,,i,':e health depa t o A to
euthanize of dispose of the animal and such law enforcement authorities have been given a
reasonable opportunity to assume custody of the animal should they choose to do so.
(b) No animal known or believed to have inflicted a serious injury or fatality of a person shall
be euthanized or disposed of pursuant to section 4.05.002(d), section 4.05.003(b), or any other
23
provision of this Chapter, unless and until the victim, the victim's next-of-kin or the victim's legal
representative has been notified of the intention of the Animal Care division eity ,,, blie health
depaFtm to euthanize of dispose of the animal and such person given a reasonable opportunity
to investigate the animal and gather evidence (such as size and weight measurements, photographs
and videotapes) as they deem appropriate and a reasonable opportunity to secure an order
concerning preservation and continuing custody of the animal as evidence from a court of
competent jurisdiction, should they choose to do so.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.5)
Sec. 4.05.007 Exceptions
(a) No animal shall be declared a dangerous animal if the threat, injury or damage caused by the
animal was the result of a willful trespass upon another's property, or the person injured was
tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to
commit a crime at the time of injury unless other independent grounds exist for such a declaration.
(b) If the sole cause of the attack was that the animal was injured and responding to pain.
(c) The provisions of this Article shall not apply to animals under the control of a law
enforcement or military agency.
(Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.6)
ARTICLE 4.06 LIVESTOCK, FOWL AND OTHER ANIMALS*
445- Sec. 4.06.001 Livestock permitted, number
(a) Definitions
(1) Fowl shall mean birds chickens turkeys pheasant quail geese ducks ostriches
emus pigeons or similar feathered animals regardless of age, sex or breed.
CZ1 Livestock shall mean any horse, mule,
cattle, hog, sheep, goat, h mc}ef, fa or similar animal classified as
livestock For the purposes of this Article micro or mini pigs shall not be classified as
livestock.
(b) General prohibition. It shall be unlawful, except as provided in subsection (c) of this section,
for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or
under his control, any livestock within the city limits.
(c) Area limitations and maintenance requirements for the keeping of livestock The
provisions of subsection (b) of this section shall not apply to the following situations:
24
(1) Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses.
(2) Bona fide public or private school projects, when conducted upon school property
and under faculty supervision.
(3) Facilities owned and used by a licensed veterinarian in connection with his
practice of veterinary medicine.
(4) Guinea pigs, hamsters, rabbits, chickens, ducks or other animals or fowl of similar
size which are kept entirely within an enclosed building, which building is of such
design and material as to retain any noises or odors caused by such animals or fowl.
(5) Livestock (other than hogs or pigs) which are kept in compliance with the
following requirements:
(A) Horses or other equine animals, as a private stable (not for commercial
purposes), and other livestock and poultry may be kept on tracts of land ofVA4h
not less than one (1) acre.twenAy thousand (20,000) square f
(B) Bovine animals may be kept for personal use (not for commercial purposes)
on tracts of land of wAth not less than one-half % acre.(40,000)
square deet.
(C) Livestock (except equine animals) which are kept as pets for
noncommercial purposes may be kept on tracts of land ofo my shall be p-^yidea
not less than one-half ('/2) acre.*
in the tFaet for- eaeh animal unit. The felleyAng anima4 units values are to be
ned to livestock, exeept for- small animals deseribed in subseefien (e)(4)
Above',
teFmining t, number- of animals crriaT-be kept on u tract
,
land --
(D) f
In addition to the requirements set forth in sections 5(A), 5(B), and 5(C), it
shall be unlawful for any person to keep or harbor any livestock within the
corporate limits of the city, where there is less than three thousand (3,000) square
feet per livestock.
s
25
(D) In connection with all of the above-described exceptions, the premises and
facilities used for the keeping of animals and fowls authorized to be kept under
any of the provisions of this section must be kept in a manner as to prevent the
emission of odor or noise offensive to persons of ordinary sensibilities in the
residing vicinity or the existence of any nuisance dangerous to the public health.
Any premises and facilities used for the keeping of animals or fowls authorized
to be kept under any provision of this section must be approved for such purposes
by the Animal Care Manager.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 1, adopted 10/16/01; 1978
Code, sec. 5-4; Ordinance 07-014, sec. 2, adopted 2/13/07)
0 Sec. 4.06.002 Minimum distance of livestock and fowl from dwellings, etc.
(a) The keeping on any premises in the City of any livestock not prohibited by section
4.06.001(b) is prohibited unless the pens, stalls, or other facilities for keeping the same shall be so
located that the livestock cannot come within one hundred fifty (150) feet of any dwelling, church,
school, hospital or business building owned, used or maintained by any person other than the
keeper of the livestock, or within five hundred (500) feet of any food service establishment or food
processing establishment, regardless of ownership or occupancy of such establishment. A variance
in the one hundred fifty (150) feet distance requirement may be granted by the Animal Care
Advisory Committee healti., dir-eetef if all property owners who have a dwelling, church, school,
hospital or business within one hundred fifty (150) feet of the area within which livestock are kept
give their written consent for such a variance. Such variance shall specify the minimum distance
requirement approved and shall not be less than seventy-five (75) feet.
(b) This provision shall not apply to fowl which are kept in completely enclosed and solidly
walled facilities.,
of birds other than potfltt:�-
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 2, adopted 10/16/01; 1978
Code, sec. 5-5)
4. Sec. 4.06.003 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.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-6)
40- Sec. 4.06.004 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
26
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.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-7)
Q. Sec. 4.06.005 Unclean animal pens; health nuisances
(a) 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 horse, cow, or other animal shall be kept, or any place within the City in which manure or
liquid discharge of such animal 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.
(b) The maintaining or keeping of all animals within the City shall be allowed only if the
presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded water,
accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other
objectionable matter or effect does not cause, create, contribute to or become a health nuisance.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 3, adopted 10/16/01; 1978
Code, sec. 5-8; Ordinance 07-014, sec. 3, adopted 2/13/07)
14- Sec. 4.06.006 Cows 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.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-9)
0 Sec. 4.06.007 Fowl, rabbit or rodent pens
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. (Ordinance 84-
166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-10)
0-. Sec. 4.06.008 Livestock at large 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. (Ordinance 84-166, sec. 1, adopted 12/18/84;
1978 Code, sec. 5-12)
27
44 Sec. 4.06.009 Confinement of fowl or other birds; impounding
(a) 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.
(b) It shall be the duty of the Animal Care Manager to take up any domestic
fowl or other bird found at large and confine such domestic fowl or bird in the City Animal Care
Facility 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 Animal Care Manager,
at his discretionjecal health author -it), to humanely euthanize destro or to find an appropriate
adopter to adopt the confined fowl or bird, as authorized by the Texas Health & Safety Code.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-13; Ordinance 07-014, sec. 4,
adopted 2/13/07)
i- Sec. 4.06.010 Impounding fee for fowl
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 4.09.00 1 —seetien
10.01.008 for the period of time the domesticated fowl or other bird or birds remains in the
possession and custody of the Animal Care division. . (Ordinance 84-166,
sec. 1, adopted 12/18/84; 1978 Code, sec. 5-14)
Q Sec. 4.06.011 Wild animals; Definitions and restrictions on keeping
For the purposes of this Article the term "wild animal" shall mean any non -domesticated or
dangerous wild animal including wolf, lion tiger, ocelot cougar, leopard, cheetah, jaguar,
bobcat lynx serval caracal hyena bear, coyote jackal baboon chimpanzee orangutan,gorilla,
or any hybrid of these listed.
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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-11)
Sec. 4.06.012 Snakes within the City; regulation of
(a) It shall be unlawful to:
(1) Own harbor, possess sell breed or transport any venomous snakes or
reptiles within the city limits.
28
(2) To release a non -indigenous species of snake into the wild;
(3) To own harbor, or possess more than four (4) constrictors at one residence
within the city limits.
Persons found to be in violation of this section shall be assessed a fine up to two thousand dollars
($2,000.00). Exceptions to this code would be zoos circuses, or any other entity that is permitted
by the City.
ARTICLE 4.07 EXHIBITION OF ANIMALS
Sec. 4.07.001 Animal exhibition; permit required
() "Animal Exhibition" shall refer to a circus carnival petting zoo or event owning or
maintaining animals for the purposes of displaying or performing in exhibitions of temporary
duration not to exceed thirty (30) days where attendance of the general public is solicited.
(b) An Animal Exhibition permit shall be granted under the following conditions:
(1) No less than fourteen (14) days before the event is to take place, the owner
exhibitor shall apply for an Animal Exhibition permit from the city's Animal Care division.
(2) A one-time permit application fee of fifty dollars ($50.00) shall be assessed and
paid in full before the event.
(3) On a day agreed upon by the Animal Care Manager and the event coordinator, the
Animal Care Manager will inspect all animals that will be shown, held or demonstrated pursuant
to the Animal Exhibition permit. The Animal exhibition permit shall specify all the items that
will be inspected by the Animal Care Manager. Issues arising as a result of the inspection
process will be handled at the discretion of the Animal Care Manager.
ARTICLE 4.08 EMERGENCY MEDICAL CARE AUTHORIZED
Sec. 4.08.001 Medical Care
(a) The Animal Care division shall have the authority to administer emergency medical
treatment to any at large, estray, surrendered, or impounded animal.
(b) Costs incurred by the Animal Care division as the result of treatment given in
accordance with section 4.08.001 (a) shall be the responsibility of the animal owner.
W
ARTICLE 4.09 ANIMAL CARE FEES
Sec. 4.09.001 Animal Care Fees
(11) Animal services.
(A) Peun Reclaim Fee:
(i) First eeeuffenee; $45.00 per occurrence.
(B) Rabies vaccination fees: $15.00.
(C) Preventative health vaccination: $15.00
(DE) Boarding per day: $15.00.
(ED) Dead animal removal fee for veterinarians:
(i) Trip fee: $20 for one (1) animal
(ii) Trip fee: $5.00 per animal in excess of one (1)
ffE) Kennel permit fee: $50.00 per year
Dog and cat fanciers permit
(i) New Permit: $200.00
(ii) Renewal Permit: $50.00
(HF) Adoption fee: $30.00.
_(i) Cats: $90.00
(ii) Dogs: $120.00
(iii) The adoption fee may be waived at the discretion of the City
Manager
(I) Microchipping: $25.00 per animal
QG) Animal surrender fee (Beaumont residents only
(i) Cat: $15.OD $10.00.
(ii) Dog: $20.00.
(KZ Dangerous Animal Registration: $50.00 per year
(L ) Owner requested euthanasia fee:
(i) Cats: $15.00
(ii) Dogs: $20.00
(M) Animal exhibition permit fee: $50.00
ORDINANCE NO.
ENTITLED AN ORDINANCE REPEALING CHAPTER 10,
ARTICLE 10.01, SECTION 10.01.008, SUBSECTION
10.01.008(11); AMENDING SECTIONS 4.01.001, 4.01.002,
4.01.003, 4.01.004, 4.01.005, 4.01.006, 4.01.008,
SUBSECTION 4.01.009(a); ADDING AN NEW SECTION
4.01.010; RENUMBERING AND AMENDING SECTIONS
4.01.011 AND 4.01.012; ADDING A NEW RENUMBERED
AND AMENDED SECTION 4.01.013; AMENDING
SECTIONS 4.02.001, 4.02.002, AND 4.02.003; ADDING
NEW SECTION 4.02.004; AMENDING SECTIONS
4.03.001, 4.03.002, 4.03.003, 4.03.004, 4.03.005, AND
4.03.006; REPEALING SECTION 4.03.007; AMENDING
SECTIONS 4.04.001, 4.04.002, 4.04.003, 4.04.004,
4.04.005, 4.04.006, 4.04.007, AND 4.04.008; AMENDING
SUBSECTION 4.05.001(b), SECTIONS 4.05.002,
4.05.0003, 4.05.004, 4.05.005, 4.05.006, AND
SUBSECTION 4.05.007(c); AMENDING SUBSECTION
4.06.001(a), SUBSECTION 4.06.001(c), SUBSECTION
4.06.001(c)(5), SECTION 4.06.002, 4.06.003, 4.06.004,
4.06.005, 4.06.006, 4.06.008, 4.06.009, 4.06.010, AND
4.06.011; ADDING A NEW SECTION 4.06.012; ADDING A
NEW ARTICLE 4.07, A NEW ARTICLE 4.08 AND A NEW
ARTICLE 4.09 OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS TO MAKE CHANGES AND
ADDITONS RELATING TO HEALTH CODES AND ANIMAL
CARE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
0artinn 1
THAT Chapter 10, Article 10.01, Section 10.01.008 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended by repealing Subsection
10.01.008(11).
Sartinn 7
THAT Chapter 4, Article 4.01, Section 4.01.001, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.001 Local health authority designated
The City Animal Care Manager will be designated as the local health authority for the
purpose of this Chapter. Immediately upon intake at the Animal Care Facility, the
Animal Care Manager shall be considered the designated caretaker of the animal for
purposes of examinations, care, or disposition if necessary. His duties will be to enforce
all city and state laws pertaining to the control of animals within the City. Any reference
to the Animal Care Manager will include his designee, any animal care officers, or law
enforcement officer of the City.
Rartinn 'I
THAT Chapter 4, Article 4.01, Section 4.01.002, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.002 Office of animal care manager established; duties; enforcement
(a) The Animal Care Manager shall have the authority to issue citations and file
charges in any court of competent jurisdiction for any violation of this Chapter and any
other power or duty stated within the terms of this Chapter.
(b) It shall be unlawful for any person to knowingly prevent, interfere with, or obstruct
the Animal Care Manager in the performance of his duties. It shall be unlawful for any
person to fail to comply with any lawful order of the Animal Care Manager.
(c) The Animal Care Manager has the authority to enforce any and all provisions of
this Chapter.
(d) The City shall be entitled to pursue all other criminal and civil remedies to which it
is entitled under the authority of federal, state or local law.
I;Prtinn 4
THAT Chapter 4, Article 4.01, Section 4.01.003, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.003 Abatement and imminent threat; right of entry
(a) The Animal Care Manager shall have the power to impound animals that create an
animal nuisance per se for the purpose of abating a nuisance and in cases where he
has reason to believe an animal has been or is being cruelly treated, has rabies or
exhibits other violations of law as follows:
(1) On public property, in all cases,
(2) On private property, if:
(A) The consent of the resident or property owner is obtained;
(B) He reasonably believes there is immediate and imminent danger
or peril to the public or to the animal if the animal in question is not
impounded; or
(C) Authorized by appropriate courts of law.
(3) The Animal Care Manager has the right to pursue and apprehend
animals running at large onto private property while enforcing the provisions
of this Chapter.
Section 5.
THAT Chapter 4, Article 4.01, Section 4.01.004, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.004 Immediate euthanasia authorized
(a) The Animal Care Manager is authorized to immediately euthanize any animal
found at large or any impounded animal in the following circumstances:
(1) The animal appears to be suffering from serious injury, pain or agony;
(2) Circumstances exist which reasonably cause the Animal Care Manager
to believe that the animal presents a serious risk to the health or safety of the
public;
(3) Circumstances exist which reasonably cause the Animal Care Manager
to believe that the animal presents a serious risk to the health or safety of the
animal population of the City Animal Care Facility or the animal population of
the City.
(b) The Animal Care division may euthanize or release to a bona fide rescue entity or
individual any impounded animal immediately upon declaration of evacuation of the City
due to natural or man-made disasters; any quarantined animals will be handled at the
discretion of the Animal Care Manager, who is authorized to do one of the following:
(1) Euthanize any quarantined animal, remove the head or brain of the
animal and submit it to the nearest Texas Department of State Health
Services laboratory for testing for rabies;
(2) Release the quarantined animal to the owners, requiring the return of
said animal upon request.
0artinn F
THAT Chapter 4, Article 4.01, Section 4.01.005, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.005 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 Animal Care
Manager to euthanize, or cause to be euthanized, 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 7.
THAT Chapter 4, Article 4.01, Section 4.01.006, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.006 Previous convictions
If a person has been previously convicted of an offense under this Chapter, a
subsequent conviction shall be punishable by a fine of not less than two hundred dollars
($200.00) but not more than five hundred dollars ($500.00).
Section 8.
THAT Chapter 4, Article 4.01, Section 4.01.008, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.01.008 Selling or displaying animals in certain places; private animal
sales
It shall be unlawful for any person to offer, sell, trade, barter, lease, rent, give away, or
display for commercial purpose any live animal, on any roadside, public right-of-way,
commercial parking lot, or any flea market within the City. This provision does not
prohibit the sale or purchase of animals from a person's private residence.
Section 9.
THAT Chapter 4, Article 4.01, Section 4.01.009, Subsection 4.01.009(a) of the Code of
Ordinances of the City of Beaumont, be and the same is hereby amended to read as
follows.-
Sec.
ollows:
Sec. 4.01.009 Kennels
(a) Commercial kennels generally; dog and cat fanciers permit
(1) Commercial kennel.
(A) The words "commercial kennel" shall mean any lot, building,
structure, enclosure or premises where one (1) or more dogs, cats or
other pet animals are kept for commercial purposes, including boarding,
breeding, sale of goods or animals, or the rendering of services for profit.
No person, group of persons or business entity shall operate a
commercial kennel without first having obtained a valid commercial
kennel permit from the Animal Care division.. For the purposes hereof,
the breeding and sale of the litter of animals kept and maintained as
household pets, and/or the litter of animals kept and maintained by the
holder of a dog and cat fancier's permit, shall not be deemed and
considered a commercial kennel. Unless the premises are covered by a
commercial kennel permit, only one (1) litter from animals kept as
household pets of a dog and cat fancier's permit shall be allowed on
premises at any given time.
(B) Such permit 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 4.09.001 of the Code of
Ordinances. The fee shall be due and payable in advance on or before
January 1 of each year. No kennel permit shall be issued or renewed
until an inspection certificate has been issued giving evidence that a
sanitary inspection of the premises has been made by the Animal Care
division of the City. The permit issued shall specify the maximum
number of animals permitted to be kept, handled or exhibited by the
permit holder. It shall be unlawful for the permit holder to keep, handle or
exhibit any number of animals in excess of the maximum specified on
the permit. All applicants for a kennel permit with the City, if required by
state statute to be licensed by a state agency, the applicant must have a
valid license issued by said agency to qualify for a permit by the City.
The possession of a state license shall not in itself assure that a city
permit will be granted.
(C) Should the Animal Care Manager believe a commercial kennel
permitted under this section is in violation of any zoning law, health law,
or any other applicable law of the city or state or believe the commercial
kennel 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, the
Animal Care Manager may provide written notice to the permit holder
specifically stating the nature and facts supporting the nature of the
alleged violation or detrimental condition. Such notice shall also state the
intention to repeal the commercial kennel permit and provide an effective
date of such permit repeal not less than twenty-five (25) days after the
date of the letter of notice. Should the person or persons holding the
commercial kennel permit desire to appeal the decision of the Animal
Care Manager such appeal should be made in writing within ten (10)
days of the date of the letter of notice and in such case the Animal Care
Manager shall convene the Animal Care Advisory Committee to hear
the appeal. The decision of the Animal Care Advisory Committee shall
be final concerning revocation or non -revocation of the commercial
kennel permit. The decision of the committee shall be made prior to the
date of repeal set out in the notice letter; if the decision is not timely
made, the permit shall continue in full force and effect until a decision is
made.
(D) This section shall not apply to and will not be construed to require
a commercial kennel permit for:
(i) A veterinary hospital operated by a licensed veterinarian
which retains animals for veterinary medical care;
(ii) A bona fide publicly or privately owned zoological park;
(iii) A bona fide research institution using animals for scientific
research;
(iv) A publicly owned animal shelter.
(E) A certificate shall be issued by the Animal Care division to the
person paying for a commercial kennel permit, 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 Animal Care division shall keep a permanent record of all
commercial kennel permits issued under the terms of this section, which
record shall show the name and address of persons being issued a
kennel permit, the name and address of the kennel, the number of the
commercial kennel permit, the date issued and the amount paid.
(2) Permit, dog and cat fancier.
(A) The words "dog and cat fancier's premises" shall mean any lot,
building, structure, enclosure or other premises where nine (9) or more
dogs and/or cats, each over the age of four (4) months, are kept,
harbored or maintained:
(i) For showing in recognized dog shows, obedience trials, or
field trials.
(ii) For working and hunting.
(iii) For exhibition in shows and trials.
(iv) For household pets.
(B) No person may operate a dog and cat fancier's premises without
first having obtained a valid permit from the Animal Care division. A
person may apply for a permit for a dog and cat fancier's premises prior
to purchase of such premises; in such case, the permit if issued may be
issued subject to such purchase. The application shall be in writing and
shall provide sufficient information to document the following:
(i) That the animals will not create nuisance conditions for
adjoining or nearby properties;
(ii) That all animals will be securely confined to the property;
(iii) That adequate methods for sanitation and sewage disposal
are provided;
(iv) A list of all animals by number, breed, sex, age, and color.
(C) Outside structures or enclosures used to maintain the animals
should be located only in the back yard and shall not occupy more than
twenty (20) percent of the yard area.
(D) The applicant shall pay to the City a nonrefundable fee of two
hundred dollars ($200.00) at the time the application is submitted. If the
application is acceptable to the Animal Care Manager the permit shall
be granted for a one (1) year period; otherwise the permit shall be
denied. Appeals of denials will be handled in accordance with the
provisions of subsection (F) of this subsection.
(E) Permits will be issued for one (1) year periods and must be
renewed annually by payment in accordance with section 4.09.001. A
permitted dog and cat fancier's premises is an allowable use in any
zoning classification. Prior to issuance of any permit, either original or
renewal, the Animal Care Manager shall inspect the premises to assure
compliance with this section. The number, breed, sex, age, and color or
colors of all animals shall be listed on the permit. No new animals may
be added nor shall exchanges be allowed unless application for
amendment to the permit is made and approved.
(F) Permits may be revoked by the Animal Care Manager if provisions
of this section, other ordinances of the City or the laws of the state, or the
terms and conditions of the permit are violated. Appeals of revocation of
a permit or the refusal to grant a permit shall be made to the Animal Care
Manager The request for appeals shall be made in writing within five (5)
days of the receipt of the written notification of the refusal to grant the
permit or the revocation of the permit. Upon receipt of request for such an
appeal, the Animal Care Manager shall convene the Animal Care
Advisory committee to hear the appeal within fourteen (14) days. The
decision of the Animal Care Advisory Committee shall be final.
Section 10.
THAT Chapter 4, Article 4.01 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by add a new Section 4.01.010 to read as follows:
Sec. 4.01.010 Number of animals allowed per residence
(a) The maximum number of adult dogs and/or cats allowed at any residence is
eight (8). Any combination of dogs and/or cats in excess of eight (8), with the
exception of dogs or cats younger than four (4) months old, will constitute a
violation.
(b) This provision does not apply if:
(1) The individual has a commercial kennel permit or a dog and cat fanciers
permit; or
(2) The individual is registered as a bona fide rescue entity or foster family; in
which case the maximum number allowed would be ten (10) adult dogs
and/or cats in any combination.
0Pntinn 11
THAT Chapter 4, Article 4.01, Section 4.01.011, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby renumbered and amended to read as follows:
Sec. 4.01.011 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 canine species, 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 12.
THAT Chapter 4, Article 4.01, Section 4.01.012, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby renumbered and amended to read as follows:
Sec. 4.01.012 Dead animal disposal
(a) No person shall place or deposit the exposed carcass of any animal or fowl on
any street, alley, highway or public place or upon private property or permit to stand any
truck or other vehicle containing such carcass on any street, alley, highway or public
place or on private property within the City. The term "exposed" as used in this section
means the exposure of the carcass of an animal so that putrefying odors may escape
and contaminate the air.
(b) Such person or persons shall cause the carcass of such animal or fowl to be
disposed of as follows:
(1) Putting the carcass in tied, double plastic bags and placing at the edge
of the driveway, close to but not on the roadway;
(2) Calling the Animal Care division upon immediate discover of the dead
animal to pick up and dispose of the bagged dead animal before such time
that the carcass begins to putrefy, decay and/or become infested with
maggots.
(A) Any animal weighing 80 pounds or more must be disposed of by
the owner or persons in possession of said dead animal.
Section 13.
THAT Chapter 4, Article 4.01 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new renumbered and amended Section
4.01.013 to read as follows:
Sec. 4.01.013 Fee for picking up dead animals from veterinarian
In accordance with section 4.09.001, a fee will be charged for each trip made by the
Animal Care division to pick up dead animals from veterinarians. The Humane Society
shall be exempt from the payment of these fees.
Section 14.
THAT Chapter 4, Article 4.02, Section 4.02.001, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.02.001 General care and treatment of animals
(a) Any person, including but not limited to the owner and/or the person who has the
care, custody or control of such animal, commits an offense if he:
(1) Fails to provide a sufficient amount and type of food suitable for the
species, size and age of the animal and in a quantity for the animal to
maintain a healthy body condition and wellness.
(2) Fails to provide clean, potable water that is available at all times. The
water container shall be affixed in a way that prevents the animal from
knocking it over.
(3) Cruelly confines an animal or forces, allows, or permits any animal to
remain in its own filth and/or waste;
(4) Crops a dog's ears, docks a tail, removes dew claws, or performs other
surgical procedures on a dog or cat, except as provided by the Veterinary
Licensing Act by a licensed veterinarian;
(5) Uses any steel -jawed, killer -type, toothed trap designed in such a
fashion as to reasonably ensure the cutting, slicing, tearing, or otherwise
traumatizing of entrapped prey and commonly known as a bear trap, wolf
trap, or coyote trap in any zoning district within the city limits;
(6) Instigates or permits any dog fight, cock fight, bullfight, or other combat
between animals or between animals and humans;
(7) Throws or allows an animal to jump from a moving vehicle in a manner
likely to injure the animal; or
(8) Ties or tethers a dog or other animal to a stationary object for any
period of time or in a location so as to create an unhealthy situation for the
animal or a potentially dangerous situation for a pedestrian. If an animal is
tied or tethered, it must have an appropriate swivel attached to the chain or
cable.
(A) A restraint must be five times the length of the dog, as measured
from the tip of the dog's nose to the base of the dog's tail; or 10 feet
(9) Fails to provide adequate shelter. Dogs shall have protection from the
elements and weather conditions suitable for the age, species and physical
condition of the dog so as to maintain the dog in a good state of health.
Shelter shall consist of one the following:
(A) A dog house that is enclosed with at least three (3) sides, a roof
and a floor which is not the ground.
(B) A structure, including, but not limited to, a garage, barn, or shed
that is to protect the dog from exposure. This structure shall be
secured in such a way as to offer the animal protection from the
sun and rain.
(C) The interior height and width of such structure is six (6) inches or
more in excess of the length of the dog as measured from its nose
to the base of its tail.
Section 15.
THAT Chapter 4, Article 4.02, Section 4.02.002, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.02.002 Placement and baiting of animal traps
(a) It shall be unlawful for any person to place or place and bait or to permit the
placing or placing and baiting of any trap designed for trapping animals in any highway,
street, alley or other public place within the city limits unless specific permission by the
Animal Care Manager has been granted. However, nothing in this Chapter shall prohibit
the Animal Care Manager from placing such traps on public or private property as may
be necessary to capture animals running at large.
(b) It shall be unlawful for any person to remove, alter, damage, or otherwise tamper
with a trap or equipment belonging to or set out by the Animal Care division.
Section 16.
THAT Chapter 4, Article 4.02, Section 4.02.003, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows.-
Sec.
ollows:
Sec. 4.02.003 Abandoning or dumping animal in city
(a) It shall be unlawful for any person to abandon, forsake or dump any dog, cat or
other animal within the City for any reason.
(b) The term "abandon" as used in this section means to leave an animal in any place
without providing reasonable and necessary care for the animal under circumstances
under which no reasonable and similarly situated owner would leave an animal.
SPrfinn 17
THAT Chapter 4, Article 4.02 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 4.02.004 to read as follows:
Sec. 4.02.004 Safety of animals in motor vehicles
(a) A person may not transport an animal in a motor vehicle on a public roadway
unless:
(1) The animal is safely enclosed within the vehicle; or
(2) If the animal is transported in an unenclosed vehicle, including a
convertible, pick-up truck, flatbed truck, or motorcycle, the animal shall be
confined in a secure and appropriately sized and vented container or confined in
a manner that prevents the animal from falling, jumping, or being thrown from a
vehicle or otherwise being injured.
(b) A person may not keep an animal in a motor vehicle or other enclosed space in
which the animal's health or life is endangered by high temperature, low temperature or
inadequate ventilation.
(1) A law enforcement officer or animal care officer may, after attempting to
locate the animal's owner, remove the animal from a vehicle or enclosed space
using any reasonable means necessary, including breaking a window or lock. If
professional services are required to remove the animal, the owner is responsible
for the cost.
(2) A law enforcement officer or animal care officer who removes an animal
from a vehicle or enclosed space in accordance with this subsection is not liable
for any resulting property damage.
Section 18.
THAT Chapter 4, Article 4.03, Section 4.03.001, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.03.001 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 19.
THAT Chapter 4, Article 4.03, Section 4.03.002, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
See. 4.03.002 Holding periods; reclaiming; shelter fee; sustenance for animals
It shall be the duty of the Animal Care Manager to pick up any dog or cat found at large
and confine such dog or cat in the City Animal Care Facility for seventy-two (72) hours
in the case of a dog or cat without a microchip, collar or harness with tag attached, and
for one hundred twenty (120) hours in the case of a dog or cat wearing a current tag or
microchip, during which time the owner or person entitled to such dog or cat, upon
satisfactory proof to the Animal Care division of ownership, may redeem his dog or cat
upon the payment of all required fees in accordance with section 4.09.001 and all
other such applicable fees provided by that section. The Animal Care division shall
provide, at the cost of the City, suitable and necessary sustenance for all dogs or cats
so impounded.
0 .,
THAT Chapter 4, Article 4.03, Section 4.03.003, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.03.003 Notice to owner
It shall be the duty of the Animal Care Manager to maintain a list of each animal
impounded describing all dogs and cats, whether bearing an immunization tag,
microchip 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 or
microchip. In case the dog or cat bears an immunization tag or microchip, then in
addition to maintaining a list as required herein, it shall be the duty of the Animal Care
Manager to notify such person to whom such immunization tag or microchip 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 received the same.
Section 21.
THAT Chapter 4, Article 4.03, Section 4.03.004, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.03.004 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 Animal Care Manager upon demand for impounding.
Sartinn 77
THAT Chapter 4, Article 4.03, Section 4.03.005, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.03.005 Redemption or disposition of unclaimed animals
(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 reclaim fee as provided in section 4.09.001 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 microchip or collar and immunization
tag attached, the Animal Cares Manager shall deliver such dog or cat to the first
approved applicant who applies 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 appropriate fees
as provided for in section 4.09.001, 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
Chapter.
(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 Animal Care
Manager, at his discretion, release to a bona fide rescue entity or individual, persons
who have applied for adoption, or to euthanize 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 23.
THAT Chapter 4, Article 4.03, Section 4.03.006, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.03.006 Interference with officers
It shall be unlawful for any person to interfere with or attempt to prevent the Animal Care
Manager from catching or impounding any dog or cat at large, whether on public or
private property not under the control of the owner, possessor, keeper or harborer of
such animal.
Section 24.
THAT Chapter 4, Article 4.03 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by repealing Section 4.03.007.
SPrfinn i..i
THAT Chapter 4, Article 4.04, Section 4.04.001, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.001 Report of bites; suspected rabies
(a) Any person having knowledge that an animal capable of transmitting rabies has
bitten or scratched a person, dog, cat or other animal shall immediately report the
incident to the City's Animal Care division. The report shall include, if known, the name
and address of any victim, the name and address of the owner of the animal, and any
other data which may aid in locating the victim or the animal.
(b) It shall be the duty of every physician or other practitioner to report to the Animal
Care division the names and addresses of persons treated for bites or scratches
inflicted by animals capable of transmitting rabies.
(c) Any veterinarian who clinically diagnoses rabies or any person who suspects
rabies in a dog, cat or any other domestic or wild animal shall immediately report the
incident to the Animal Care Manager 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 26.
THAT Chapter 4, Article 4.04, Section 4.04.002, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.002 Taking up and observing
(a) The owner of a dog or cat 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
immediately quarantined at the owner's expense for a period of not less than ten (10)
days in the City Animal Care Facility or a veterinary hospital in the City operated by a
duly licensed veterinarian. A fee shall be charged for each day of confinement at the
Animal Care Facility when an animal is under observation in bite cases. This boarding
fee shall be assessed in accordance with section 4.09.001. 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.
(1) The Animal Care Manager may authorize a dog or cat owner's request
for home quarantine subject to the following requirements:
(A) Secure facilities are available at the owner's home,-
(B)
ome;
(B) The animal has a current vaccination against rabies;
(C) The animal was not a stray or otherwise wandering loose or at
large when the bite occurred;
(D) A licensed veterinarian must examine the dog on the first day and
last day of the ten (10)day quarantine period and the animal owner must
show proof that a licensed veterinarian has examined the dog; and
(E) The Animal Care division must be advised immediately if the dog
becomes sick or a change in its condition develops.
(2) If the above requirements are met, home quarantine may only be
allowed under the following circumstances:
(A) The owner or owner's spouse or child is the bite victim;
(B) The bite victim is an animal; or
(C) The bite victim or parent or guardian of a minor bite victim agrees
to and signs an agreement form allowing home quarantine.
(3) Dogs owned by the City and used actively by the City Police
department in police work are exempt from the confinement requirements of
this section if the bite incident occurs while the dog is actively involved in
police work.
(4) Any person who is the keeper or has custody and control of an animal
shall be deemed the owner for purposes of this section. If it is determined by
a veterinarian that an animal shows the clinical signs of the disease of rabies,
the Animal Care Manager shall euthanize the animal.
(b) If the animal dies or is euthanized while in quarantine, the Animal Care Manager
shall remove the head or brain of the animal and submit it to the nearest department of
state health services for testing. If a veterinarian determines that a quarantined animal
does not show the clinical signs of rabies, the Animal Care Manager 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 section shall pay to the Animal
Care division the reasonable costs of the quarantine and disposition of the animal as set
out herein and the Animal Care Manager may bring suit to collect those costs. The
Animal Care Manager shall euthanize 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 27.
THAT Chapter 4, Article 4.04, Section 4.04.003, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.003 Rabies Vaccination
Every owner of a dog, cat or ferret four (4) months of age or older shall have such
animal immunized against rabies once every three (3) years 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 Care Facility as provided for in section 4.09.001. Any
person moving into the City shall comply with this section within thirty (30) days after
relocation. To prevent improper vaccination of animals against and the accidental
exposure of humans to rabies, killed virus rabies vaccine for animals shall be
administered only by or under the direct supervision of a veterinarian who is licensed to
practice in Texas.
Section 28.
THAT Chapter 4, Article 4.04, Section 4.04.004, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.004 Inspecting dog or cat to determine immunization; right of entry
therefor
The Animal Care Manager 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 Animal Care Manager or to impede, obstruct or exclude the Animal Care Manager
when attempting to enter such premises for the purpose of inspecting such dog or cat.
Section 29.
THAT Chapter 4, Article 4.04, Section 4.04.005, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.005 Tag, certificate from veterinarian required
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 a 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, the 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, that 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 or harness at all times. The tag
issued shall be valid for three (3) years after the date of vaccination of the dog or cat to
which issued and shall be nontransferable.
Section 30.
THAT Chapter 4, Article 4.04, Section 4.04.006, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.006 Removal of tag prohibited
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.
Rartinn '11
THAT Chapter 4, Article 4.04, Section 4.04.007, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.007 Proof of vaccination
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 Article.
Section 32.
THAT Chapter 4, Article 4.04, Section 4.04.008, of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.04.008 Animals exposed to rabies
(a) Any person having knowledge of the existence of any animal known to have been
or suspected of having been exposed to rabies must immediately report such
knowledge to the Animal Care Manager giving him any information which he may
require. When any animal is known to have been or is suspected of having been
exposed to rabies, the following rules shall be enforced by the Animal Care Manager:
(1) Unvaccinated animals which have been bitten or directly exposed by
physical contact with a rabid animal or its fresh tissue shall be:
(A) Euthanized ; or
(B) 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.
(2) Vaccinated animals which have been bitten or otherwise significantly
exposed to a rabid animal shall be:
(A) Euthanized; or
(B) 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.
(3) These provisions apply only to domestic animals for which an approved
rabies vaccine is available.
Section 33.
THAT Chapter 4, Article 4.05, Section 4.05.001(b) of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
(b) If an animal acts as stated in subsection (a)(1) or (a)(2) of this section or is trained
or harbored for fighting, the Animal Care Manager shall impound the animal
immediately if it is at large; or, if it is in the possession of some person, the Animal Care
Manager may issue a notice requiring that the animal be taken to a designated location
for impoundment. An animal which is impounded shall not be released until a final
determination is made on the disposition of the animal.
.qPr.tinn U
THAT Chapter 4, Article 4.05, Section 4.05.002 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.05.002 Declaration of a dangerous animal
(a) The Animal Care Manager may declare an animal to be a dangerous animal if the
official has sufficient cause to believe that an animal is dangerous as defined
under section 4.05.001(a)(1), (2), (3), (4).
(b) Within five (5) working days of declaring an animal to be a dangerous animal,
written notice shall be given to the owner that the Animal Care Manager has determined
that the animal is a dangerous animal. This notice shall also set out the requirements for
a dangerous animal which the owner must comply with as set forth in section 4.05.003.
This notice shall be given to the owner by personal service or by certified mail, return
receipt requested. In the event that certified mail, return receipt requested, cannot be
delivered, the Animal Care Manager may then give notice by ordinary mail.
(c) The owner of an animal declared to be dangerous may appeal the determination
of the Animal Care Manager to the Animal Care Advisory Committee. The request for a
determination hearing must be in writing and must be received by the Animal Care
Manager no later than five (5) working days from receipt by the owner of the dangerous
animal declaration. Failure to appeal the declaration within five (5) working days shall
result in the Animal Care Manager's declaration becoming final.
(d) If the owner of a dangerous animal cannot be determined after reasonable efforts
to do so and after holding the animal for seventy-two (72) hours, the animal may be
euthanized. If the owner of a dangerous animal which has been impounded is known
but cannot be located for service of the notice required herein either in person or by
mail, the animal may be euthanized after a reasonable effort has been made to locate
such owner. Nothing herein shall be construed to require the City to hold the dangerous
animal longer than seventy-two (72) hours because it is unclaimed.
(e) Determination hearing.
(1) Upon written request for a determination hearing by the owner of an
animal declared dangerous herein, the Animal Care Manager shall schedule
said hearing. The hearing committee shall be made up of members of the
Animal Care Advisory Committee. The determination hearing shall be
conducted within fourteen (14) days of receipt of the request for such hearing.
The owner shall be notified of said hearing by first class mail. Failure of the
owner to appear at the determination hearing shall in no way prevent the
hearing committee from proceeding with the hearing. A determination of the
committee shall be made at the conclusion of the hearing. The decision of the
committee shall be the final administrative determination by the City.
(2) Pending the outcome of the determination hearing, the animal must be
securely confined in the Animal Care Facility or at the request of the owner of
the animal, with a licensed veterinarian at the expense of the owner. The
costs of securing said animal at the Animal Care Facility pending the
determination hearing shall be borne by the owner.
Section 35.
THAT Chapter 4, Article 4.05, Section 4.05.003 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.05.003 Requirements for owner of a dangerous animal
(a) No later than fifteen (15) days after an animal is declared dangerous the owner
must comply with all of the following requirements before the subject animal can be
released to the owner by the Animal Care division.-
(1)
ivision:
(1) Register the animal as a dangerous animal with the Animal Care
division and pay an annual fee in accordance with section 4.09.001.
(2) Obtain and maintain liability insurance coverage or show financial
responsibility in an amount of at least one hundred thousand dollars
($100,000.00) to cover damages resulting from an attack by the dangerous
animal causing bodily injury to a person or for damages to any person's
property resulting from the keeping of such dangerous animal. A certificate of
insurance or other evidence of meeting the above requirements shall be filed
with the city Animal Care division before said dangerous animal shall be
returned to the owner if it is being held by the city or a veterinarian.
(3) Restrain the dangerous animal at all times on a leash in the immediate
control of a person or in a secure enclosure. The enclosure must have secure
sides, a secure top attached to the sides, and a secure bottom which is either
attached to the sides or else the sides of the structure must be embedded in
the ground no less than two (2) feet. In addition, the secure enclosure must
be:
(A) Locked;
(B) Capable of preventing the escape or release of the animal;
(C) Clearly marked as containing a dangerous animal.
(4) The owner shall post a sign on his premises warning that there is a
"dangerous animal on the property." This sign shall be visible and capable of
being read from the public street. In addition, the area where the animal is
kept must be kept secure from small children from gaining access.
(5) The dangerous animal, when taken outside the enclosure, must be
securely muzzled in a manner that will not cause injury to the animal nor
interfere with its vision or respiration, but shall prevent it from biting any
person or animal.
(6) A dangerous animal may not be chained to any object outside the
dwelling or locked enclosure either on or off the property of the owner.
(b) If the owner of an animal declared to be dangerous is unable or unwilling to
comply with the ownership requirements listed above at any time, the animal must be
euthanized by the city Animal Care division or a licensed veterinarian or removed from
the city. An animal declared to be dangerous under this Chapter shall not be offered for
adoption or sale within the City unless the new owner is willing to comply with the
provisions of this Article. Transfer of the dangerous animal to a new owner must be
approved by the Animal Care Advisory Committee.
Section 36.
THAT Chapter 4, Article 4.05, Section 4.05.004 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.05.004 Reporting significant events
(a) The owner of an animal declared dangerous under the provisions of this Article
shall report any of the following events within five (5) days to the Animal Care Manager:
(1) Permanent removal of the animal from the City.
(2) Death of the animal.
(3) The birth of any offspring of the animal, including the number, markings,
color and sex.
(4) Change of location within the City.
(b) The owner of an animal declared dangerous under the provisions of this Article
shall report immediately to the Animal Care Manager the escape of the animal or an
attack or biting of a person or other animal.
0Prtinn '�7
THAT Chapter 4, Article 4.05, Section 4.05.005 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.05.005 Penalties for violation
Upon conviction the owner of an animal declared to be dangerous herein shall be
subject to a fine pursuant to section 1.01.009 of the Code of Ordinances for each
violation of Section 4.05.003 or 4.05.004 of this Chapter or for interference with
enforcement of this Chapter. This penal provision is in addition to any administrative
determination by the Animal Care Manager.
Section 38.
THAT Chapter 4, Article 4.05, Section 4.05.006 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.05.006 Notice to law enforcement authorities and victims before
euthanasia or disposal of animal involved in fatal or serious injury to persons
(a) No animal known or believed to have inflicted a serious injury or fatality of a
person shall be euthanized or disposed of pursuant to section 4.05.002(d), section
4.05.003(b), or any other provision of this Chapter, unless and until the City Police
department, and any other law enforcement authority known or believed to be involved
in an investigation of the incident, has been notified of the intention of the Animal Care
division to euthanize the animal and such law enforcement authorities have been given
a reasonable opportunity to assume custody of the animal should they choose to do so.
(b) No animal known or believed to have inflicted a serious injury or fatality of a
person shall be euthanized or disposed of pursuant to section 4.05.002(d), section
4.05.003(b), or any other provision of this Chapter, unless and until the victim, the
victim's next-of-kin or the victim's legal representative has been notified of the intention
of the Animal Care division to euthanize the animal and such person given a
reasonable opportunity to investigate the animal and gather evidence (such as size and
weight measurements, photographs and videotapes) as they deem appropriate and a
reasonable opportunity to secure an order concerning preservation and continuing
custody of the animal as evidence from a court of competent jurisdiction, should they
choose to do so.
Section 39.
THAT Chapter 4, Article 4.05, Section 4.05.007, Subsection 4.05.007(c) of the Code of
Ordinances of the City of Beaumont, be and the same is hereby amended to read as
follows:
(c) The provisions of this Article shall not apply to animals under the control of a law
enforcement or military agency.
Section 40.
THAT Chapter 4, Article 4.06, Section 4.06.001, Subsection 4.06.001(a) of the Code of
Ordinances of the City of Beaumont, be and the same is hereby amended to read as
follows:
(a) Definitions
(1) Fowl shall mean birds, chickens, turkeys, pheasant, quail, geese, ducks,
ostriches, emus, pigeons, or similar feathered animals regardless of age, sex
or breed.
(2) For purposes of this Article the term "livestock" shall mean any horse, mule,
cattle, hog, sheep, goat, or similar animal classified as livestock. For the
purposes of this Article, micro or mini pigs shall not be classified as livestock.
Section 41.
THAT Chapter 4, Article 4.06, Section 4.06.001, Subsection 4.06.001(c) of the Code of
Ordinances of the City of Beaumont, be and the same is hereby amended to read as
follows:
(c) Area limitations and maintenance requirements for the keeping of livestock. The
provisions of subsection (b) of this section shall not apply to the following situations:
Section 42.
THAT Chapter 4, Article 4.06, Section 4.06.001, Subsection 4.06.001(c)(5) of the Code
of Ordinances of the City of Beaumont, be and the same is hereby amended to read as
follows:
(5) Livestock (other than hogs or pigs) which are kept in compliance with
the following requirements:
(A) Horses or other equine animals, as a private stable (not for
commercial purposes), and other livestock may be kept on tracts of land
of not less than one (1) acre.
(B) Bovine animals may be kept for personal use (not for commercial
purposes) on tracts of land of not less than one-half (Y2) acre.
(C) Livestock (except equine animals) which are kept as pets for
noncommercial purposes, may be kept on tracts of land of not less than
one-half ('/2) acre.
(D) In addition to the requirements set forth in sections 5(A), 5(B), and
5(C), it shall be unlawful for any person to keep or harbor any livestock
within the corporate limits of the city, where there is less than three
thousand (3,000) square feet per livestock.
(E) In connection with all of the above-described exceptions, the
premises and facilities used for the keeping of animals and fowls
authorized to be kept under any of the provisions of this section must be
kept in a manner as to prevent the emission of odor or noise offensive to
persons of ordinary sensibilities in the residing vicinity or the existence of
any nuisance dangerous to the public health. Any premises and facilities
used for the keeping of animals or fowls authorized to be kept under any
provision of this section must be approved for such purposes by the
Animal Care Manager.
Sartinn d_`�
THAT Chapter 4, Article 4.06, Section 4.06.002 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.002 Minimum distance of livestock and fowl from dwellings, etc.
(a) The keeping on any premises in the City of any livestock not prohibited by section
4.06.001(b) is prohibited unless the pens, stalls, or other facilities for keeping the same
shall be so located that the livestock cannot come within one hundred fifty (150) feet of
any dwelling, church, school, hospital or business building owned, used or maintained
by any person other than the keeper of the livestock, or within five hundred (500) feet of
any food service establishment or food processing establishment, regardless of
ownership or occupancy of such establishment. A variance in the one hundred fifty
(150) feet distance requirement may be granted by the Animal Care Advisory
Committee if all property owners who have a dwelling, church, school, hospital or
business within one hundred fifty (150) feet of the area within which livestock are kept
give their written consent for such a variance. Such variance shall specify the minimum
distance requirement approved and shall not be less than seventy-five (75) feet.
(b) This provision shall not apply to fowl which are kept in completely enclosed
facilities.
Sartinn 44
THAT Chapter 4, Article 4.06, Section 4.06.003 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.003 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 45.
THAT Chapter 4, Article 4.06, Section 4.06.004 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.004 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 46.
THAT Chapter 4, Article 4.06, Section 4.06.005 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.005 Unclean animal pens; health nuisances
(a) 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 horse, cow, or other animal shall be kept, or any
place within the City in which manure or liquid discharge of such animal 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.
(b) The maintaining or keeping of all animals within the City shall be allowed only if
the presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust,
ponded water, accumulation of manure, garbage, refuse or other obnoxious or
putrescible material or any other objectionable matter or effect does not cause, create,
contribute to or become a health nuisance.
Section 47.
THAT Chapter 4, Article 4.06, Section 4.06.006 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.006 Cows 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.
Section 48.
THAT Chapter 4, Article 4.06, Section 4.06.007 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.007 Fowl, rabbit or rodent pens
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 49.
THAT Chapter 4, Article 4.06, Section 4.06.008 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.008 Livestock at large 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 50.
THAT Chapter 4, Article 4.06, Section 4.06.009 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.009 Confinement of fowl or other birds; impounding
(a) 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.
(b) It shall be the duty of the Animal Care Manager to take up any domestic fowl or
other bird found at large and confine such domestic fowl or bird in the City Animal Care
Facility 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 Animal Care
Manager, at his discretion, to euthanize or to find an appropriate adopter to adopt the
confined fowl or bird, as authorized by the Texas Health & Safety Code.
Section 51.
THAT Chapter 4, Article 4.06, Section 4.06.010 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.010 Impounding fee for fowl
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
4.09.001 for the period of time the domesticated fowl or other bird or birds remains in
the possession and custody of the Animal Care division.
Section 52.
THAT Chapter 4, Article 4.06, Section 4.06.011 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 4.06.011 Wild animals; Definitions and restrictions on keeping
For the purposes of this Article, the term "wild animal" shall mean any non -domesticated
or dangerous wild animal, including wolf, lion, tiger, ocelot, cougar, leopard, cheetah,
jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee,
orangutan, gorilla, or any hybrid of these listed.
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 53.
THAT Chapter 4, Article 4.06 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 4.06.012 to read as follows:
Sec. 4.06.012 Snakes within the City; regulation of
(a) It shall be unlawful to. -
(1)
o:
(1) Own, harbor, possess, sell, breed, or transport any venomous snakes
or reptiles within the city limits.
(2) To release a non -indigenous species of snake into the wild -
(3) To own, harbor, or possess more than four (4) boa constrictors at one
residence within the city limits.
Persons found to be in violation of this section shall be assessed a fine up to two
thousand dollars ($2,000.00). Exceptions to this code would be zoos, circuses, or any
other entity that is permitted by the City.
.qartinn .r14
THAT Chapter 4 of the Code of Ordinances of the City of Beaumont, be and the same is
hereby amended by adding a new Article 4.07 to read as follows:
ARTICLE 4.07 EXHIBITION OF ANIMALS
Sec. 4.07.001 Animal exhibition; permit required
(a) "Animal Exhibition" shall refer to a circus, carnival, petting zoo or event owning or
maintaining animals for the purposes of displaying or performing in exhibitions of
temporary duration not to exceed thirty (30) days, where attendance of the general
public is solicited.
(b) An Animal Exhibition permit shall be granted under the following conditions:
(1) No less than fourteen (14) days before the event is to take place, the
owner exhibitor shall apply for an Animal Exhibition permit from the city's Animal Care
division.
(2) A one-time permit application fee of fifty dollars ($50.00) shall be
assessed and paid in full before the event.
(3) On a day agreed upon by the Animal Care Manager and the event
coordinator, the Animal Care Manager will inspect all animals that will be shown, held or
demonstrated pursuant to the Animal Exhibition permit. The Animal exhibition permit
shall specify all the items that will be inspected by the Animal Care Manager. Issues
arising as a result of the inspection process will be handled at the discretion of the
Animal Care Manager.
Section 55.
THAT Chapter 4 of the Code of Ordinances of the City of Beaumont, be and the same is
hereby amended by adding a new Article 4.08 to read as follows:
ARTICLE 4.08 EMERGENCY MEDICAL CARE AUTHORIZED
Sec. 4.08.001 Medical Care
(a) The Animal Care division shall have the authority to administer emergency
medical treatment to any at large, astray, surrendered, or impounded animal.
(b) Costs incurred by the Animal Care division as the result of treatment given in
accordance with section 4.08.001 (a) shall be the responsibility of the animal owner.
RPrfinn RR
THAT Chapter 4 of the Code of Ordinances of the City of Beaumont, be and the same is
hereby amended by adding a new Article 4.09 to read as follows:
Sec. 4.09.001
(a) Animal Services
ARTICLE 4.09ANIMAL CARE FEES
Animal Care Fees
(1) Reclaim Fee: $45.00 per occurrence
(b) Rabies vaccination fees: $15.00
(c) Preventative health vaccination: $15.00
(d) Boarding: $15.00 per day
(e) Dead animal removal fee for veterinarians:
(1) Trip fee: $20.00 for one (1) animal
(2) Trip fee: $5.00 per animal in excess of one (1)
(f) Kennel permit fee: $50.00 per year
(g) Dog and cat fanciers permit
(1) New permit: $200.00
(2) Renewal permit: $50.00
(h) Adoption fees
(1) Cats: $90.00
(2) Dogs: $120.00
(3) The adoption fee may be waived at the discretion of the City Manager
(i) Microchipping: $25.00 per animal
(j) Animal surrender fees (Beaumont residents only):
(1) Cats: $15.00
(2) Dogs: $20.00
(k) Dangerous Animal Registration: $50.00 per year
(1) Owner requested euthanasia fee
(1) Cats: $15.00
(2) Dogs: $20.00
(m) Animal Exhibition permit fee: $50.00
Carfinn 1i7
That if any section, subsection, sentence, clause of 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.
Carrfinn rift
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 59.
That any person who violates any provision of this ordinance shall, upon conviction, be
punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
January, 2017.
- Mayor Becky Ames -
WORK SESSION
* Receive information related to proposed tax credit projects:
Development Name Location Size & Type
Oaklake on Alpine 6075 Alpine (N. side of 100 Units -Senior
105, east of Alpine)
Bexley Court 208 S. MLK 72 Units -Family
Lumberton Village 7876 Harvest Moon, 96 Family Units
Lumberton
Retreat at Wendelin Drive 5945 College Unknown
WORK SESSION
Review and discuss proposed plans for Riverfront Park