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Home My WebLink About88-2768493 ANIMAL CONTROL - CHAPTER FIVE ORDINANCE NO. 88-2768 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER FIVE, "ANIMALS AND FOWL", OF THE PLAINVIEW CITY CODE RELATING TO INTERFERENCE WITH ANIMAL CONTROL OFFICERS; ARTIFICIALLY COLORING ANIMALS; METAL JAW TRAPS; DUTY UPON STRIKING AND DOMESTICATED ANIMALS OR LIVESTOCK; AND OTHER RELATED SUBJECT MATTER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Plainview has determined that it is in the best interest of the public that changes and/or additions to Chapter Five of the Plainview City Code relating to animal control occur as set forth herein. NOW, TMRREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas that Chapter Five of the Plainview City Code be hereby amended in the following manner: Section 1. That the Code of the City of Plainview, Texas is hereby amended by adding Sections 5-4 thru 5-7, which sections shall read as follows: SECTION 5-4. INTERFERENCE WITH ANIMAL CONTROL OFFICER. It shall be unlawful for any person to interfere with or hinder the Animal Control Officer, or his designee thereof, in the performance of his official duty. SECTION 5-5. ARTIFICIALLY COLORED ANIMALS. No person shall dye, color or artificially color any rabbit, baby chick, duckling, or other animal, or offer for sale any such dyed, colored, or artifiCially colored animal. SECTION 5-6. METAL JAW TRAPS. No person shall expose an open trap or metal jaw trap likely to injure any domesticated animal or person. SECTION 5-7. LIVESTOCK. DUTY UPON STRIKING DOMESTICATED ANIMAL OR Any person who, as the operator of a motor vehicle, strikes a domesticated animal or livestock shall immediately report such injury or death to the animal's owner. In the event the owner is unavailable or unknown, 1 of 5 494 then such report shall be made to the Animal Control Officer, or the Plainview Police Department, or the local Humane Society. Section 2: That the following Sections of the Code of the City of Plainview are hereby amended to read as follows: SECTION 5-18. APPLICATION. Any person desiring to keep any poisonous snake, poisonous reptile or wild animal for scientific or educational purposes within the City shall first obtain a permit to be issued by the Director of Police Services, or his authorized representative after due application therefore. The application shall be on a form furnished by the Director of Police Services, giving the information required by this Division and such additional and other information as may be required by the Director as necessary to make a determination of whether or not the permit should be issued. (Ord. No. 76-1947, ~3, 4, 5-11-76) SECTION 5-19. PREREQUISITE CONDITIONS. The Director of Police Services or his authorized representative shall not approve the issuance of a permit required by the provisions of this division unless he finds and determines that: (a) The keeping of said poisonous snake, poisonous reptile or wild animal will be maintained within a cage or other enclosure that will prevent the escape of said poisonous snake, poisonous reptile or wild animal even in the event of a tornado or other calamity. (b) The keeping of said poisonous snake, poisonous reptile or wild animal is for scientific or educational purposes. (c) Ail adequate precautions pertaining to the keeping of said poisonous snake, poisonous reptile or wild animal will be maintained to prevent its or their escape. (d) The keeping of said poisonous snake, poisonous reptile or wild animal in the vicinity where kept will not cause undue concern to inhabitants of the City or to persons of ordinary sensibilities. (Ord. No. 76-1947, ~5, 5-11,76) 2 of 5 (e) The poisonous snake, poisonous reptile or wild animal will not be kept in any part of a residential section of the City. (Ord. No. 76-1947, §5, 5-11-76) SECTION 5-20. CANCELLATION. Any permits issued under the provision of this division shall be cancelled by the Director of Police Services or his authorized representative at anytime if he finds that: (a) Any person to whom a permit has been issued is maintaining said poisonous snake, poisonous reptile or wild animal within a cage or other enclosure that will not prevent the escape of said poisonous snake, poisonous reptile or wild animal in the event of a tornado or other calamity which would cause destruction of the property or the cage, or enclosure in which the same are kept; (b) The keeping of any poisonous snake, poisonous reptile or wild animal is not solely for a scientific or educational purpose; (c) The keeping of the poisonous snake, poisonous reptile or wild animal is for the pleasure, satisfaction, enjoyment or profit (or anyone of said reasons) of the permitted; (d) Adequate precautions are not being maintained to prevent the escape of the poisonous snake, poisonous reptile or wild animal; (e) The poisonous snake, poisonous reptile or wild animal is being kept in a vicinity of the City where the keeping of same will cause undue concern to inhabitants of the City or to persons of ordinary sensibilities; or (f) The poisonous snake, poisonous reptile or wild animal is being kept in a residential section of the City. (Ord. No. 76-1947, ~6, 5-11-76) SECTION 5-21. APPEAL. Any person may appeal any decision of the Director of Police Services or his authorized representative to the City Council by stating, in writing, the nature of the appeal, the decision appealed, the relief sought, and any other relevant information as requested by the Council. (Ord. No. 76-1947 ~7, 5-11-76) ' 3 of 5 48( SECTION 5-22. DESTRUCTION. If any person, not having a permit issued under the provision of this division, keeps harbors or maintains any poisonous snake, poisonous reptile or wild animals within the City, the Director of Police Services or his authorized representative may summarily seize and take possession of the same if he can do so with safety; and if he cannot do so with safety, he shall cause said poisonous snake, poisonous reptile or wild animal to be summarily destroyed. (Ord. No. 76-1947, ~8, 5-11-76) SECTION 5-61. TAGS. It shall be the duty of the Director of Police Services to provide suitable tags for dogs or cats, with numbers thereon beginning at one and running consecutively, which tag shall evidence the payment of the license fees and the registration of the dogs or cats. The Director of Police Services or his authorized representative Shall make available to each applicant thereof a tag suitable to be placed upon a collar around the dog's or cat's neck and shall, in a well-bound book kept for such purposes, register the number of the tag, name of the owner and his address, and a description of the dog or cat. The tag shall at all times during the year be securely fastened around the neck of the dog or cat and the failure of the owner in this respect shall have the same effect as if no license fee has been paid upon the dog or cat. It shall be unlawful for any person to use any counterfeit license tag upon a dog or cat except the tag adopted and issued by the City. (Ord. No. 65-865, ~4, 4-5-65; Ord. No. 83-2536, 12-20-83) SECTION 5-63. DUPLICATES. It shall be the duty of the owner or keeper of any dog or cat to procure a duplicate tag from the Director of Police Services or his authorized representative in the event that the original tag is lost or destroyed, and the Director of Police Services or his authorized representative shall issue a duplicate tag upon application of any person who has complied with the provisions of this division and upon the payment of one-half (1/2) the cost of the original tag at the time of the purchase. (Ord. No. 65-865, §5, 4-5-65) SECTION 5-91. TIME FOR REDEMPTION. Ail impounded animals shall be redeemed within seventy-two (72) hours after the same was impounded. Any such animal not redeemed within such time will be humanely destroyed or donated to the local Humane Society. (Ord. No. 65-865, § 8, 4-5-65) 4 of 5 497 SECTION 5-94. SICK, INJURED, UNWEANED OR DONATED ANIMALS. The Animal Control Officer may destroy any animal by a humane method if the animal is donated, unweaned, so sick or injured that its cure is considered by the Animal Control Officer to be impracticable, or if death is imminent; and in any of such events, such destruction may be done immediately without notice of any waiting period. Section 3. That Sections 5-95 and 5-96 of Chapter Five, Division 4, of the Code of the City of Plainview, Texas be hereby repealed. Section 4. Should any section, paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this Ordinance shall remain unaffected thereby. Section 5. This Ordinance shall be effective upon its lawful passage and as allowed by law. PASSED AND APPROVED THIS THE 10th DAY OF JANUARY, 1989. ATTEST: Carla Reese, City Secretary E.V. Ridlehuber, Mayor APP~RO~VED AS TO CONTENT: Chef of Police APPROVED AS TO FORM: David Blackburn City Attorney 5 of 5 498 ANIMAL CONTROL - CHAPTER 5 ORDINANCE NO. 88-2768 WHEREAS, the City Council of the City of Plainview did on January 10, 1989, at a Regular Session of said City Council pass and adopt Ordinance No. 88-2768. The Descriptive Caption and Penalties of said Ordinance are as follows: AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER FIVE, "ANIMALS AND FOWL", OF THE PLAINVIEW CITY CODE RELATING TO INTERFERENCE WITH ANIMAL CONTROL OFFICERS; ARTIFICIALLY COLORING ANIMALS; METAL JAW TRAPS; DUTY UPON STRIKING AND DOMESTICATED ANIMALS OR LIVESTOCK; AND OTHER RELATED SUBJECT MATTER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING FORAN EFFECTIVE DATE. PENALTIES The penalties for the violation of said Ordinance shall be punished by a fine not exceeding the amount allowed by state law, as such amounts are set forth in Article 1011, V.T.C.A. and §29.03, Local Government Codes. E.V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary