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same are hereby repealed.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