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HomeMy WebLinkAboutORD 5-YAN ORDINANCE AN ORDINANCE PROVIDING FOR LICENSING OR ALL DOGS WITHIN'THE CORPORATE LIMITS OF THE CITY OF BEAU- MONT, TEXAS, AND PROVIDING A FEE -THEREFOR; PRO- VIDING THAT ALL DOGS BE VACCINATED AGAINST RABIES; PROVIDING FOR A CITY DOG POUND, AND PROVIDING REGULATIONS FOR ITS OPERATION; PROVIDING FOR THE APPOINTMENT OF A POUND MASTER, AND .PRESCRIBING HIS POWERS AND DUTIES; REQUIRING THE DETENTION OF DOGS HAVING BITTEN A.PERSON; PROVIDING AN OFFENSE FOR REMOVAL OF LICENSE TAG; PROVIDING AN OFFENSE FOR DOGS RUNNING AT LARGE; REVEALING CONFLICTING ORDINANCES; PRESCRIBING A PENALTY FOR THE VIOLA- TION THEREOF, AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. It shall be unlawful for any person within the corporate limits of The City of Beaumont,.Texas, to own, keep, possess, harbor, or to allow to remain upon premises under his control, any dog, male or female, without having paid a license therefor as hereinafter provided. Section 2. The fee for such license shall be One ($1.00) Dollar per calendar year for each dog,. payable in advance. All'licenses shall'expire.'December 31st and shall not be issued for less than one year. Section 3. No license shall be issued for any dog owned, kept, pos- sessed, harbored or allowed upon the premises of any person and under his control unless said dog shall have first been vaccinated against rabies by a veterinarian duly licensed to practice in the State of Texas, within twelve (12) months prior to the issuance of such license. There shall be delivered to the Poundmaster of The City of Beaumont, Texas, prior to the issuance of such license a certificate signed by a veterinarian, duly licensed to practice within the State of Texas, that said dog has been duly vaccinated, giving the date of the vaccination therefor, and thereafter upon payment of the -fee as provided herein, thePoundmaster shall then issue license for said dog. Section 4. Upon payment of such license fee as provided herein, the City Poundmaster shall issue a receipt, license number and metal tag. The City:Poundmaster shall keep a register of all licenses issued in which shall be entered the name of the applicant, de- scription of the dog, the numbers of the license and tag issued, and the date of issuance and expiration. Such metal tag shall be attached to a collar or harness of the dog for which .issued, and worn by the -dog at all times when.upon the streets, alleys, side- walks or public grounds of The ,'City of'Beaumont; provided that nothing in this section shall be construed as in any way excusing a licensed dog from the restrictions imposed by Section 14 -hereof. In the event a dog tag is lost, a duplicate will be issued upon application, for a fee- of - twenty-five (25¢ ) cents. Section -5. It shall be the duty of every person owning, keeping or having in possession a dog within the corporate limits of The City of Beaumont, within thirty (30) days from the effective date here- of, unless a license fee for said dog has heretofore been paid for. the current year, to pay to The City of Beaumont a license fee of One ($1.00) Dollar., -which shall be effective through December 31, 1953• On or before January 1st of each succeeding year hereafter, every person owning, keeping, or having in possession a dog shall pay an annual license fee of One ($1.00) Dollar on each dog, which license fee shall be effective for the ensuing calendar year. Section 6. The aforesaid provisions of this ordinance requiring a li- censing of dogs shall not apply to the following; (a) Dogs under the age of six (6) months if kept within a sufficient enclosure. (b) Dogs owned by or. -in custody or under -,the control of. persons who are not residents of The City of Beaumont traveling through said City or temporarily sojourning therein for a period not exceeding twenty (20 days. (c) Dogs brought to said City exclusively for.the purpose of entering same in any dog show or exhibition, and which are ac- tually entered in and kept at said show for exhibition. Section 7. The City Manager shall appoint for a period to be.terminated at his pleasure a qualified person to act in the capacity of City Foundmaster, whose duty it shall be to see that the provisions of this ordinance -.are enforced. For his services the Foundmaster shall receive such compensation as shall be fixed by the City Council. Section 8. It shall be the duty of the Foundmaster, or any police of- ficer of The City of Beaumont, Texas, to take up any dog or dogs found at lar e and confinesuch. dog or dogs in the City Found for seventy-two 72) hours in the case of a dog without a collar or har- ness with tag attached and for one hundred and twenty (120)hours in the case of a dog wearing a tag, during which time the owner or person entitled to said dog, upon satisfactory proof to the Found - master of ownership, may redeem -his dog upon the payment of a pound fee of Two ($2.00) Dollars, and all other such fees provided by this ordinance. Upon the payment of such fee the iPoundmaster shall issue official receipt for the amount paid. The Poundmaster shall provide at the cost of the City suitable andnecessary sustenance for'all dogs so impounded. 2. Section 9. As soon as possible after any dogs have been impounded at the City Found it shall be the duty of the Poundmaster to post a, notice at the door of the Dog Found describing each of said dogs, whether bearing a license tag or not and giving the number of the tag and the name of the person registering the dog in the case where the dog bears a license tag. In case the dog bears a license tag, then in addition to posting notice -as required herein, it shall be the duty of the Poundmaster to notify such person to whom - such license tag -was issued by letter, postal card or telephone. The mailing of such letter or postal card shall be deemed sufficient notice whether the person addressed shall receive the same or not. Section 10. The person entitled to the possession of any dog taken -up and impounded as,provided herein, .upon proper application within the time limits specified in this ordinance after the impounding of saiddog, shall be entitled to have the -dog delivered to him, provided said.dog is not affected'or thought to be affected with rabies, upon the payment of the Two ($2.00) Dollar impounding fee for each and every dog impounded,'in accordance with the.provisions of this ordinance, and in addition thereto in thecase of unli- censed dogs, satisfactory evidence that said dog has been vacci- nated .against rabies and upon the payment of the current yearfs license fee of One"($1.00) Dollar. In the event the owner of any dog impounded fails to claim said dog,.it shall be the duty of the Poundmaster to'destroy the dog without collar and tag at the expir- ation of -the said seventy-two (72) hours, and the dog with collar and tag attached at the expiration of the one hundred and twenty (120) hours. Section 11. The Poundmaster shall monthly,or at such times'as may be required by the City Manager account -to The City -of Beaumont for all monies received by him by.virtue of his official duties, and he shall at the'same time render to the.City Manager a full state- ment of all dogs received into the Pound during said month, show- ing the name.of the owner, if known, the date when received, all of the.dogs redeemed, the date of redemption, all of those destroyed, all of the monies expended by him during said month for the main- tenance of said Found, and he shall attach to said.statement a receipt of all such monies. Section 12. All fees and other monies collected by the Foundmaster un- der the terms of this ordinance shall be paid to the Tax Collector of The - City - of Beaumont . - Section 13. Should any person .be bitten by any dog, and complaint is made, the person responsible for said dog shall be notified to. keep said dog confined and under observation by a -licensed veteri- narian for not less than ten (10) days after such person was bitten, 3. and to'release said dog only on written permission of the City . Poundmaster or his authorized representative,'and upon the.failure of the owner or person'responsible for said dog to comply with such notice, the Poundmaster shall cause said dog to be confined and placed under observation for said length of time in the City Found at the expense of the owner or person responsible for said dog; said dog shall not be released until -the owner or person re- sponsible for said dog shall have paid fifty (50¢) cents for each day of said confinement and observation, and any other -actual ex- penses incurred for treatment or .veterinary fees, and should the owner or person responsible for said dog refuse.to pay said expense, the dog shall then be destroyed. Section 14. -It shall be unlawful for any person to permit any.dog owned, possessed, kept or harbored by him to be at large on the streets,. alleys, or public places, or on private premises not under the control of the said owner within the corporate limits of The City, of Beaumont, Texas, whether a license for such dog shall have been secured or not.. Any dog on the streets, alleys or public places, or on private premises not under the control of owner within said. City shall be considered to be at large in violation of this sec- tion, except a dog wearing the license tag issued to it and being under the control of a person by means of.a leash of sufficient strength'to hold said dog. Section 15. It shall be unlawful for any person to remove any metal tag issued under the provisions_of this ordinance from any dog without the written consent of the owner of such dog. Section 16-.' -.This ordinance shall be and is hereby declared to be cumu - lative of all ordinances of The City of Beaumont, Texas, and shall not operate to repeal or affect any such=ordinance.or ordinances excep.t'in so far as the provisions of.such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordi- nance, in which instance or instances those provisions shall be and they are hereby repealed. Section 17. Should any section, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall'in no way affect the validity of - any of the remaining parts of this ordinance, except the part held unconstitutional or void are inseparable from and indispensable to the operation of the remaining parts. The City Council hereby de- clares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional if it had known that such parts were unconstitutional at the time of the passage of this ordinance. Section 18. Any person violating any of the provisions of this ordi- nance shall be.deemed guilty of a misdemeanor and upon conviction 4. 6) jz f ' 41 shall be fined not less than One ($1.00) Dollar nor more than One Hundred ($100.00) Dollars. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication, as provided by law. PASSED by the City Council this day of A. D. 1953• - Mayor - 5.