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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. Corrtinn r%P That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Ccr-finn r%Q 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. 4N - Mayor Becky Ames -