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HomeMy WebLinkAboutORD 06-048 ORDINANCE NO. 06-048 ENTITLED AN ORDINANCE REPEALING SECTIONS 5.1, 5.2.1, 5.16 AND 5.28 AND ENACTING NEW SECTIONS 5.1, 5.2.1, 5.16, 5.38, 5.39, 5.40, 5.41, 5.42, and 5.43 AND AMENDING SECTIONS 5.15, 5.19.4 AND 5.31; PROVIDING FOR THE ABANDONING AND DUMPING OF ANIMALS, SELLING OF ANIMALS, DISPOSAL OF DEAD ANIMALS, ABATEMENT OF ANIMAL NUISANCE, CARE AND HUMANE TREATMENT OF ANIMALS, AUTHORIZING EUTHANASIA, ESTABLISHING AN OFFICE OF ANIMAL CONTROL SUPERVISOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the following sections of Chapter 5 be and the same are hereby repealed: ARTICLE 1. IN GENERAL Sec. 5-1. Abandoning or dumping in city. Sec. 5-2.1. Baby animals; distribution or changing color of prohibited. Sec. 5-16. Carcasses of animals and fowl, removal. Sec. 5-28. Destruction of animals which are dangerous, sick, or pose a threat to public safety. Section 2. That the following sections of Chapter 5 be and the same are hereby enacted to read as follows: Sec. 5-1. Abandoning or dumping in city. It shall be unlawful for any person to abandon, forsake or dump any dog, cat or other animal within the city for any reason. The term abandoned 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. 5-2.1. Selling of animals; private animal sales. It shall be unlawful for any person to display for commercial purpose, offer, sell, trade, barter, lease, rent, or give away, any live animal, on any roadside, public right-of- way, commercial parking lot, or any flea market. This provision does not prohibit the sale or purchase of animals from a person's private residence. Sec. 5-16. Dead animals-Disposal; leaving carcass exposed a nuisance. 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 is meant the exposure of the carcass of an animal so that putrefying odors may escape and contaminate the air. Such person or persons shall cause the carcass of such animal or fowl to be disposed of as follows: (a) Putting the carcass in tied, double plastic bags and placing at the edge of the driveway, close but not on the roadway; (b) Phoning Animal Control in a timely manner 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; * Any animal weighing 801bs or more must be disposed of by the owner or person in possession of dead animal. Sec.5-38. Abatementand imminentthreat; rightof entry; search warrants. A. Animal Control Officers and/or law enforcement officers shall have the power to impound animals which create an animal nuisance per se for the purpose of abating a nuisance and in cases where 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, if: a) The consent of the resident or property owner is obtained, b) The officer 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 officer has the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter. Sec. 5-39. Care and humane 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 an animal with sufficient food and water; 2) Cruelly confines an animal or forces, allows, or permits any animal to remain in its own filth and/or waste ; 3) 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; 4) 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; 5) Instigates or permits any dog fight, cock fight, bullfight, or other combat between animals or between animals and humans; 6) Leaves any animal unattended in any vehicle in such a way as to endanger the animal's health, safety, or welfare; 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 a 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. Sec. 5-40. 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 Animal Control has been granted. However, nothing in this chapter shall prohibit an Animal Control Officer 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 Control Division. Sec. 5-41. Immediate euthanasia authorized. A. The Director of Public Health, the Local Health Authority, the Animal Control Supervisor, or any person designated by either the Director of Public Health, City Manager, or City Council acting on behalf of the city, is authorized to kill or 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 Control Supervisor 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 Control Supervisor to believe that the animal presents a serious risk to the health or safety of the animal population of the City Animal Shelter or the animal population of the city. B. The Animal Control Division may euthanasia 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 case by case basis at the discretion of the Animal Control Supervisor, who is authorized to do one of the following: 1) Humanely euthanasia any quarantined animal, remove the head or brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing of rabies; 2) Release the quarantined animal to the owners, requiring the return of said animal upon return. Sec. 5-42. Office of animal control supervisor established; duties; enforcement. A. The Animal Control Supervisor, any Animal Control Officer, and/or any law enforcement officer of the city shall have the authority to issue citations or file charges in Municipal Court 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 Control Supervisor, an Animal Control Officer, and/or any law enforcement officer in the performance of their duties. It shall be unlawful for any person to fail to comply with any lawful order of the local Health Director, Animal Control Supervisor, or any Animal Control Officer of the city. C. The local Animal Control Supervisor, any Animal Control Officer, and/or any law enforcement officer has the authority to enforce any and all provisions of this ordinance. D. The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled to under the authority of federal, state or local law. Sec. 5-43. 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 3. That sections of Chapter 5 be and the same are hereby amended to read as follows: Sec. 5-15. Local health authority designated. The city Animal Control Supervisor will be designated as the local health authority for the purpose of this chapter. His duties will be to enforce all city and state laws pertaining to the control of animals within the City of Beaumont. Sec. 5-19.4. Penalties for violation. The owner of an animal declared to be dangerous herein shall also be subject to a fine of not less than one hundred dollars ($100.00) but not more than five hundred dollars ($500.00)for each violation of subsection 5-19.2 or 5-19.3 of this chapter or for interference with enforcement of this chapter. This penal provision is in addition to any administrative determination by the animal control officer or the director of the city health department. Sec. 5-31. Vaccination. Every owner of a dog, or cat or ferret four(4) months of age or older shall have such animal immunized against rabies once every twelve (12) months by a veterinarian duly licensed to practice in the State of Texas. There shall be a fee charged for vaccinations administered at the city animal shelter. The fee shall be as provided for in section 13-16 of the Code of Ordinances. Any person moving into the City of Beaumont from a location outside the city shall comply with this section within ten (10) days after having moved into the city. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, modified live virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state Section 4. 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 5. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas unless otherwise specified by Chapter 5 of the Code. Section 7. This ordinance shall be effective from and after October 1, 2006. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of August, 2006. Mayor Guy N. Goodson - Ill 1