0254
ORDINANCE NO. 254
AN ORDINANCE PROVIDING FOR THE VACCINATION OF DC-rZ AND
CATS PROVIDING FOR THE ISSUANCE OF METAL TACKS; PROVIDING FOR
THE IMPOUNDING OF CERTAIN ANIMALS RUNNING AT LARCE; PROVIDING
FOR THE QUARANTINE OF ANI'M'ALS SUSPECTED OF BEING RABID:
AUTHORIZING THE CHARGING OF POUND FEES: PROHIBITING TURNING
OUT OR DRIVING ANY ANIMAL ONTO STREETS OR ALLEYS WITH THE
PURPOSE OF ABANDONING SUCH ANIMAL; REQUIRING OWNER COTS] LML
OF ANIMALS: PROVIDING PENALTY; PROVIDING A SAVINGS CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City Council, City of Southlake, desires to establish regulations for
the guidance of those persons responsible for the health, safety and general welfare
of the citizens as well as to provide reasonable laws for the protection of citizens
of Southlake; and,
WHEREAS, the problem of licensing dogs and preventing their being a nuisance is one
that has been a matter of serious concern to many of the citizens of the community;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLAKE, TEXAS:
Sec. 1. For the purpose of this article, the following terms shall have their
meanings herein ascribed of them:
"At large." As applied to an animal, this means that such animal is
not confined inside the owner's house or to the premises of the owner
by a suitable and substantial fence sufficient strength and height
to prevent the animal for escaping therefrom, or secured on such
premises by a leash of sufficient strength to prevent the animal
from escaping from the premises when the leash is stretched to full
length in any direction, or when wearing a collar with owner's name
affixed thereto and behaving in a manner as to not be considered a
public nuisance. Provided, however, that an animal shall not considered
at large when held and controlled by some person or by means of a
leash when or chain of proper strength and length to control the
actions of the animal, or while confined within a vehicle.
"Owner." Shall mean any person or persons owning, keeping or
harboring an animal or animals.
"Public Nuisance." Shall mean any animal which destroys property,
kills livestock, chickens or other domestic animals, disturbs garbage,
molests children, etc.
Sec. 2. (a) All dogs, cats and other household pets four months of age or
over within the city shall be immunized against rabies annually by
a licensed veterinarian by means of any standard vaccine as approved
by the U.S. Goverment for the prevention of rabies. The licensed
veterianarian who administers such vaccine shall issue to the owner
or the person having such animal vaccinated, a certificate of vaccination
stating the name of the owner, the description of the animal, and the
date of vaccination and kind of vaccine used. He shall also issue
a metal tag with the veterinarian's office address and the year of
vaccination stamped thereon. Alternatively, the owner of any animal
required to be vaccinated for rabies many obtain such vaccine from
pharmaceutical house or other supplier and vaccinate the animal attach
the metal tags furnished therewith, and the owner shall maintain for
city inspection a record of each animal name, the description of the
animal, and the date of vaccination and kind of vaccine used.
(b) The metal tag provided for in Subsection (a) above shall be
securely fastened in some manner to the dog at any time the animal
is not confined to the owner's property, and it shall be unlawful
for any person to remove such metal tag from any dog.
(c) It shall be unlawful for any person within the city to own, keep,
posses, harbor, or allow to remain upon the premises under his control,
any dog, cat, or household per without having such animal immunized
against rabies as required by Subsection (a) hereof.
(d) This section shall not apply to fish, birds, undulate or any of
the followincf list of animals: hamsters, guinea pigs, rabbits, rats,
mice, gerbils, or any other animal other than a dog or cat which in
the opinion of the license veterinarian would be endangered by rabies
vaccination.
Sec. 3. The Mayor, with the approval of the City Council, may appoint, for
such a term and compensation as may be fixed by the City Council, an
animal warden, whose duty it shall be to enforce the provisions of
this ordinance, together with the police officers of the city to
take up any dog found running at large without a current vaccination
tag and proper owner identification, and, upon the complaint of any
person, any other dog found running at large, and to confine such
dog in the city pound for up to three (3) days, during which period
of time the owner of such dog, upon making satisfactory proof of his
ownership thereof, may redeem the dog upon the payment of a charge
of Ten Dollars ($10.00) plus Three Dollars ($3.00) for each day or
any part thereof beyond the first 24 hours.
The City Secretary is hereby authorized to accept such pound fees
and to issue receipts therefor.
Should the owner of any impounded animal fail to redeem such animal
or make arrangements therefor within the three (3) day period provided
above, the city through the animal warden or any other person having
charge of such matters as delegated by the City Council, shall cause
such animals to be sold at public or private sale. The animal warden
or other such person having charge of the pound is authorized to sell
to any person any dog or cat kept beyond initial three (3) day period
for the stmt of $3.00 per day for any dog or cat, but in any event,
such animal shall not be released except upon presentation of a
certificate from a duly licensed veterinarian as herein provided. The
animal warden and other officals charged with the enforcement of
this ordinance and with the collection of fees hereunder, shall make
regular monthly reports to the City Council of all fees collected
and disbursements made hereunder to the general fund of the city or
may set such monies aside for the enforcement of this ordinance and
sustenance of dogs entitled hereunder or may make such other disposition
of such funds as may be necessary and proper.
Sec. 4. All animals released to an owner from the pound shall be immediatley
vaccinated against rabies in accordance with the provisions of this
ordinance or the owner thereof shall present a veterinarian's
certificate showing a current vaccination. In order for the owner
of an animal not vaccinated and registered in accordance with the
provision of this article to obtain the release of the animal, such
owner must sign a statement giving the name of the owner and the
address where such animal shall be immediately confined, and stating
he will have the animal vaccinated in accordance with the provisions
of this ordinance. Such vaccination certificate shall be presented
to the animal warden within ten days of release. Failure to have
such animal immediately vaccinated and a certificate presented
shall be grounds for immediate return of the animal to the city
pound, and such animal may be destroyed immediately or otherwise
disposed of, and the failure of the owner thereof to comply shall
constitute a misdemeanor. Refusal to show a certificate of vaccination
shall constitute primafacie evidence of such failure.
Sec. 5. Any animal which has been impounded, other than a dog or cat, which is
not redeemed within five (5) days of capture and impoundment may be
sold to the highest bidder at auction hole after (3) days not re rnstec9
in the same manner as notices of City Council meetings. Any impounded
wild animal, unless there is reason to believe it has an owner, may
be immediately destroyed in a humane manner. "Wild animal" as used
herein shall mean and include any mammal, aphibian, reptile, or fowl
which is not naturally tame or gentle, but is of a wild nature or
disposition and which because of its size, vicious nature, or other
characteristics, would constitute a danger to human life or property
if not kept or maintained in a safe manner or in secure quarters.
Wild animals shall include, but shall not be limited to, lions, tigers,
leopards, panthers, bears, wolve, alligators, crocodiles, apes, foxes,
elephants, rhinoceroses, no-decented skunks, and all forms of poisonous
reptiles and other like animals. The owner of a wild animal shall
securely confine said animal and shall register possession of such
animal with the City Secretary.
If not redeemed within five (5) days of its capture and impoundment.
any impounded wild animal and any impounded dog or cat may be destroyed
in a humane manner.
Sec. 6. Whenever any dog, whether licensed or unlicensed, or any other animal
shall have bitten or attacked any person within the corporate limits
of the City of Southlake, under such conditions as that it shall
appear possible that such dog or animal is rabid, it shall be the
duty of the owner or person responsible for such dog or animal to
confine secured such dou or animal at a single location by means of
a cage, chain or other means as may be approved by the animal warden
for a period of not less than fourteen (14) days after the occ-
urrence of such biting or attack. In event that such owner or person
responsible for such dog or animal shall fail to comply with the
foregoing provision of this ordinance immediately upon being notified
thereof, or in the event that the owner or person responsible for
such dog cannot be located, then it shall be the duty of the animal
warden or any police officer to seize and impound such dog or animal
and to place such dog or animal and to place such dog or animal in
a secure and isolated enclosure within the city pound where such
dog or animal shall be kept and observed for a period of not less
than fourteen (14) days. Should any dog or animal quarantined or
kept under terms and provisions of this section not live for the
full fourteen (14) days, it shall be the duty of the animal warden
to have such tests made upon the body of such dog or animal to
determine whether such dog or animal was, in fact, rabid. In the
event any dog or animal impounded, confined or quarantined under
the provisions of this paragraph shall survive for the full fourteen
(14) day period of confinement, then such dog or animal may be
returned to its owner or may be released by its owner if confined
elsewhere than at the city pound after an examination has been
had of such dog or animal by a licensed veternarian who shall
certify that the dog or animal was not rabid at the time of the
biting or attack.
Sec. 7. Any person, firm or corporation who shall turn out or drive onto
the streets or alleys of the City of Southlake, any animal, with
the purpose of abandoning such'animal, shall be guilty of a mis-
demeanor and upon conviction thereof shall be fined in any amount
not exceeding Two Hundred Dollars ($200.00).
Sec. 8. It shall be unlawful for any person to permit any dog or animal
possessed, kept or harbored by him to be at large on the streets,
alleys or public places or on private premises not under the control
of said owner, within the limits of the City of Southlake, Texas,
whether a license for such a dog shall have been secured or not
without being collared and an owners name affixed thereto.
Sec. 9. Any person, firm or corporation who shall violate any of the terms
or provisions of this ordinance shall be deemed guilty of a mis-
demeanor, and, upon conviction thereof, shall be fined in any
amount not exceeding Two Hundred Dollars ($200.00). Each day's
violation shall constitute a separate offense.
Sec. 10. This ordinance shall be cumulative of all ordinances of the City
of Southlake, Texas, and in the event of any conflict with any prior
ordinance, the terms and provisions of this ordinance shall be deemed
controlling.
Sec. 11 Should any section, subsection, clause or paragraph of this ordinance
';;e declared or determined to be invalid or 1-mconstitut?ona_l, then it
is the intent of the City Council of the City of Southlake, that such
invalidity or unconstitutionality shall not affect the remaining portion
or portions of this ordinance, and such remaining portion or portions
of this ordinance would have been passed and adopted nomaithstanding
the invalidity or unconstitutuonality of the other portion or portions.
Sec. 12. This ordinance shall be in full force and effect from and after the
date of its publication and passage as provided by law.
AND IT IS SO ORDERED.
Passed and adopted this day of z- 1980.
CITY OF S UZ'~ILAKE
By; ✓IiL
tRawk, Mayor
ATTES`.r :
AkX164- / 4&4,gt~
S _ a L. LaGrand, City Secretary