ORDINANCE #436
AN ORDINANACE PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 340; PROVIDING A REPEALER CLAUSE; PROVIDING DEFINITIONS; ESTABLISHING
ADOPTION OF THE RABIES CONTROL ACT OF 1981; ESTABLISHING LOCAL HEALTH
AUTHORITY; PROVIDING AUTHORITY, RECORDS ESTABLISHING FEES, HEARING
REQUIREMENTS, PERMIT REQUIREMENTS, PERMIT APPLICATION, PERMIT FEES, AND TERMS
OF PERMIT; ESTABLISH MINIMAL STANDARDS; PROVIDING FOR INSPECTIONS, PERMIT
REFUSAL OR REVOCATION; NOTICE FOR REVOCATION OR REFUSAL, FOR HEARING, FOR
DISPOSITION OF ANIMALS FOR DESTRUCTION OF ANIMALS, AND FOR BITING ANIMALS, FOR
PROVIDING FOR THE REGISTRATION OF ANIMALS, REGISTRATION FEES, DURATION OF
REGISTRATION, PROVIDING PROHIBITIONS; PROVIDING PENALTY; PROVIDING
SEVREBILITY CLAUSE AND EFFECTIVE DATE.
BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF GRANITE SHOALS, TEXAS:
SECTION I-
REPEAL OF ORDINANCE 340. This ordinance hereby repeals and replaces Ordinance 340, concerning
keeping and the control of animals in the City of Granite Shoals.
SECTION II –
DEFINITIONS, Wherever
in this Ordinance the following terms shall appear, the meanings are set forth
opposite each term in this section shall be ascribed to them, unless the
context is which the term appears require a different meaning.
B. ANIMAL CONTROL OFFICER. The
person duly designated to carry out the duties of Animal Control Officer as
prescribed in this Ordinance. Unless otherwise specifically designated by the
City Council, The Chief of Police of the City shall be the animal
control officer.
C. ANIMAL CONTROL FACILITY. A
facility operated or used by the City for the purposes of impounding animals as
prescribed in this Ordinance.
D. COMMERCIAL ANIMAL
ESTABLISHMENT. Any commercial operation which is reasonably calculated to
provide shelter, care, maintenance, training, breeding, treatment of, or the
provision of services to six (6) or more animals at one time.
E. DANGEROUS ANIMAL. Any animal
that is not tame or gentle, but is of a wild nature or disposition and which,
because of its size, nature, or other characteristics would constitute a danger
to human life or property if it were not kept or maintained in a safe manner or
secure quarters.
SECTION III – ADOPTION OF
THE RABIES CONTROL ACT OF 1981. The Rabies Control Act of
1981, Tex. Health & Safety Code, Chapter 826, as amended, and the standards
and regulations adopted and incorporated into this Ordinance as minimum
standards; however, to the extent that this Ordinance provides standards that
are compatible with those standards and are equal to, or more stringent than
the act or the standards and regulations adopted by the state Board of Health,
this ordinance prevails over the act and the standards and regulations.
SECTION 1V – LOCAL HEALTH
AUTHORITY. For purposes of the Rabies
Control Act of 1981, Tex. Health and Safety Code, Chapter 826, as amended, the
Building Inspector of the City is designated as the Local Health Authority.
SECTION V –
AUTHORITY; RECORDS.
A.
General Authority. The procedures established in the ordinance shall be
administered by the Animal Control Officer, who may request personnel,
equipment, and facilities of the Police Department or authorize persons,
equipment, and facilities as necessary to implement and enforce the provisions
of this Ordinance.
B.
Records Required. The Animal Control Officer shall maintain for each
commercial animal establishment, impounded animal, or registered animal coming
under the purview of this Ordinance:
1. A file that includes but is not limited to a record of all pertinent names, addresses, and date(s); copies of all correspondence, notices, applications, permits and certificates; and a record of all other related activities;
2. An accurate accounting of
all fees and charges and of the funds and payments collected, including date of
payment and identification of payee.
A. Permit Required. A permit is
required in order to operate a commercial animal establishment within the
corporate limits of the City.
B. Permit Application. An application on a form provided by the City accompanied by the permit fee set out in section VI, C.
C. Permit Fee.
1. The fees related to a
commercial animal establishment permit are as follows:
a) The owner of a commercial
animal establishment must pay an annual permit fee of $75.00 to operate the
commercial animal establishment,
hearing.
4. Written notice of the place,
date, and time of such hearing shall be given to the person requesting the hearing,
and the person must be given the opportunity to present any evidence that may
be pertinent to the hearing.
5. The Municipal Judge, or
designated representative, must determine, after reviewing the evidence
presented, whether the addressee was in fact in violation of the ordinance, and
make his or her ruling set out in Section VI, I, of this Ordinance.
A. General Authority,
1. The Animal Control Officer
or designated representative, may order impoundment of an animal, if the
animal;
a. Is found to be running at
large within the City;
b. Has bitten or injured any
person within the City.
c. Is dangerous, vicious, or
wild and is not securely confined in such a manner that it cannot come in
contact with, or do harm to any person or other animal.
2. The owner of the animal has
the option to place the animal in the city facility or an approved facility of
his choice, and is responsible for expenses.
3. Should the owner of an
animal fail to refuse to allow the impoundment of the animal, or attempt to
interfere with the impoundment, the Animal Control Officer shall contact the
Police Department to help accomplish the impoundment.
Farm animals within the city should be reported to the Police pursuant to the provisions of the Tex. Agricultural Code, Chapter 142. The Officer shall issue a citation to the owner of the farm animal(s) in lieu of impoundment. The owner shall have 10(ten) days to remove the farm animal(s) from the city limits, or become subject to the fees/fines as set forth in section VII, C, of this Ordinance.
B. Notice of Impoundment
1. In lieu of impounding an
animal, the Animal Control Officer, based on the reasonable belief that the
owner is in violation of this Ordinance, shall issue to the owner of the animal
a citation. This would require the appearance of the owner in the Municipal
Court of the City for prosecution of the alleged
A. An animal impounded for
biting shall be confined for at least ten days. At the request of the owner,
and with the consent of a veterinarian, the animal may be confined at
facilities maintained by a licensed veterinarian.
B. When the owner of an animal
impounded for biting is known, or reasonably thought by the Animal Control
Officer to be identifiable, the Animal Control Officer must attempt to
personally contact the owner in order to determine if and when the animal has
been vaccinated for rabies.
C. In addition to all of the
notice requirements listed in Section VII, B, the notice must contain the
following information for animals impounded for biting:
1. That the animal will be
confined for ten days;
2. That, if the owner has not
already done so, the owner should immediately contact the Animal Control
Officer to discuss if and when the impounded animal was vaccinated for rabies;
3. That the owner may not take
possession of the impounded animal until the Animal Control Officer has
received a certificate signed by a licensed veterinarian certifying that the
animal is free of transmittable rabies.
D. No animal impounded for biting
shall be released to its owner until the Animal Control Officer has received
either:
1. A certificate signed by a
licensed veterinarian certifying that the animal is free of transmittable
rabies;
2. If the animal is over the
age of four months and is subject to rabies’ evidence sufficient to satisfy the
Animal Control Officer that it has had a rabies vaccination within the
preceding year or that it has been given the required vaccination during its
period of impoundment.
1. The owner of a dog or cat
that is over the age of four months and is located within the city limits of
Granite Shoals shall register the animal with the City Animal Control Officer.
2. Visiting animals shall not
be required to register until it has been in the city in excess of thirty
consecutive days. It will be the responsibility of the owner of the visiting
animal to provide proof that the animal has been in the city less than the
thirty days if asked about the length of stay by an Animal Control Officer or
Police Officer of the City of Granite Shoals.
3. At the time of registration
the owner shall provide proof of current rabies vaccination by showing a
certificate of vaccination signed by a licensed veterinarian.
4. The city shall issue to the
owner a registration certificate for each animal owned. This certificate shall
contain the following information as a minimum for identification. Owner’s
name, address, telephone number(s), animal’s name, sex, altered status, color,
type, breed and any other distinct characteristics. Veterinarian or animal
clinics name and rabies tag number. Fee information and total amount collected.
Signature of person issuing the registration. Expiration date of registration
and Registration tag number. The Animal Control Officer will retain a copy of
each certificate of registration. The registration is valid for a period of one
year. Ending on the last day of the month one-year from the date of issue. .
5. Each animal receiving a
registration number may be photographed for further purposes of identification.
The Animal Control Officer will retain these photographs.
B.
Registration Tag
1. The city shall issue a metal
registration tag for each animal registered. The tag shall bear a serial number plainly inscribed,
there on, for each dog or cat that the city issues a registration certificate.
The tag is to remain with the animal for its lifetime. Exceptions are made if
the tag is lost or stolen.
2. The tag will be delivered to
the owner at the time of registration.
3. The owner shall attach the
tag to a collar or harness that is to be worn by the animal when it is off of
the owner’s property.
4. If the tag is lost or
destroyed the owner shall apply to the city for a new tag by presenting the
registration certificate and proof of rabies vaccination. The owner will then
be issued a new registration with the original date of the lost or destroyed
tag. This new registration will be free of charge if proof of the lost or
destroyed tags registration is provided.
5. Within thirty days of any
change of ownership of a registered animal the new owner shall transfer the
registration certificate to their name. The new owner shall also notify the
Animal Control Officer of the transfer and updated information on the
certificate.
C.
REGISTRATION FEES
1. Spayed or neutered
animal $10.00 first year and $5.00
each year thereafter.
2. Non-spayed or non-neutered
animal $20.00 first year and
$5.00 each year thereafter.
3. Any individual dog that has
been determined to be a dangerous animal by a court of law shall be licensed
for a fee of $50.00 per year. The owner shall also show proof of liability
insurance for the animal during the registration. The Municipal Court Clerk
will notify the Animal Control Officer if a dog is judged to be a dangerous
animal.
SECTION X11 PROHIBITIONS. It is a violation of this
ordinance to:
A. Maintain a public nuisance defined by Section
II;
B. Allow an un-spayed female animal, while the
animal is in heat, to be upon the streets and in public places of the City;
C. Own or operate a commercial
establishment without having in force or effect a permit issued in accordance
with this Ordinance.
D. Allow an animal to run at
large;
E. Fail to keep an animal under
restraint and to exercise proper care and control of an animal to prevent it
from becoming a public nuisance;
F. Tamper with any trap or
animal catching device set out by the Animal Control Officer or a designated
representative;
G. Keep within the City an
animal subject to contracting rabies which is over the age of four months and
fail to
1. Animal has current rabies
vaccination, vaccinated annually for rabies;
2.
Affix around the animal’s neck a collar or harness with
a current rabies tag and City registration tag attached,
when it is not on the property of the owner.
H. Keep, maintain, use, or have
a dangerous, vicious, or wild animal, unless it is securely confined in a
manner so that it cannot come in contact with, or do harm to, any person or
another animal.
I.
Interfere with, hinder, or molest any City employee in the performance
of the employee’s duties under this Ordinance.
J. Shelter or own more than a
total of five (5) dogs and or cats or a combination of both.
Animals less than ninety (90) days of age are not included in this count.
K. Failure to register an animal
as defined in Section XI, A, of this Ordinance.
L. Do any act, which is
otherwise prohibited in the Ordinance.
SECTION XIII PENALTY.
A. Any person found to be
violating this Ordinance is guilty of a misdemeanor and, upon conviction is
subject to a fine not to exceed $500.00 per offense. Each day of such violation
constitutes a separate offense.
SECTION XIV SEVERABILITY.
SHOULD ANY WORD, PHRASE, SENTENCE, PARAGRAPH OR PORTION OF THIS ORDINANCE BE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID FOR ANY REASON THEN IN THAT EVENT SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTIONS OF THE ORDINANCE.
SECTION XV EFFECTIVE
DATE.
This Ordinance shall become effective upon passage, adoption and publication in accordance with state law.
PASSED AND APPROVED by the City Council of
Granite Shoals,
By:/s/_____________________________
Pat Crochet, Mayor
ATTEST:
/s/____________________________
Ronda
Reichle, City Secretary