HomeMy WebLinkAboutORD 17-007ORDINANCE NO. 17-007
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, 4.05.003,
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:
Section 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).
Section 2.
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.
Section 3.
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.
Sarfinn d
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.
Section 6.
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.
.qanfinn Q
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. 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.
Sartinn 1 f)
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.
Section 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.
ollows:
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.
RPrfinn 1 R
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. 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.
Section 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.
RPrfinn 1 R
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.
SPrfinn 1.q
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.
Rartinn gn
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.
Rartinn 71
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.
Rartinn 99
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.
.qarfinn 74
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.
Section 25.
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) 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.
Section 31.
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.
';Prfinn '�9
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.
Rarfinn -1-1
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.
Section 34.
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.
0Prtinn 'tri
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) 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.
Rarfinn 'IF
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.
Rartinn �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.
ollows:
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.
Sarfinn 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:
Rarfinn 47
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 ('/2) 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.
Section 43.
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.
0artinn 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.
0artinn Ori
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.
.,ar,tinn 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.
RPrtinn .r)n
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.
0Prtinn r,9
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.
0Prtinn r,�
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) 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.
Section 54.
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.
Rartinn rri
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.
Section 56.
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:
ARTICLE 4.09ANIMAL CARE FEES
Sec. 4.09.001 Animal Care Fees
(a) Animal Services
(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) Unaltered adult animals
(A) Cats: $90.00
(B) Dogs: $120.00
(2) Altered or underage animals
(A) Cats: $30.00
(B) Dogs: $50.00
(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
Section 57.
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.
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That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
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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.
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- Mayor Becky Ames -