HomeMy WebLinkAbout83-2536 ordr
ORDINANCE NO. 83-•2536
AN ORDINANCE .AMENDING VARIOUS ORDINANCES CONTAINED IN
CHAPTER 7 OF THE CODE OF THE CITY OF PLAINVIEW RELATING
TO ANI1~iALS AND FOWL AND PROVIDING A PENALTY.
WHEREAS, it has been brought to the attention of the City
Council of the City of Plainview, Texas, that various ordinances
contained in Chapter 7 of the Code of the City of Plainview dealing
with animals and fowl need to be amended, and
WHEREAS, the City Council has determined that such amendments
would be in the best interest of the citizens of this community and
would protect their health, safety and welfare,
NOW, THEREFORE, be it resolved by the City Council of the City
of 'Plainview, Texas, that:
Section 7-1: Ordinance No. 65-865, Section 1, is amended in
pertinent part as follows:
Owner: Any person owning or harboring a domesticated
animal. "Harboring" shall mean the furnishing of lodg-
ing, shelter, food, or water.
Section 7-4~: Ordinance No. 65-865, Section 18, is hereby amended
in ',full as follows:
The owner of a dog commits. an offense if such dog is
found
(a) Running at large upon any public street,
highway, alley, court, square., park, sidewalk,
or other public place, ground, or public
property within the corporate limits of the
Clty; Or
(b) Running at large upon any unfenced lot,
tract, or parcel of land within the corporate
limits of the City.
The term '°at large" as used in this section shall mean
"not under the control of the owner, either by leash,
chain, cord, or other suitable material attached to a
collar or harness or not constrained securely within an
enclosure or fence". The owner or occupier of the
premises where any dog is found in violation of this
Section shall be presumed to be they owner of such dog.
It is a defense to prosecution that the owner took every
reasonable precaution to prevent such dog from being at
,t;
large and that such dog was at large through no fault of
the owner.
A violation of this Section does n.ot require any culpable
mental state.
Section 7-50: Ordinance No. 72-1289, Section 1, is hereby amended
as ',follows :
Any person who shall own or harbor on his premises or in
or about any premises under his control any dog which, by
loud or unusual barking or howling, shall cause the peace
and quiet of the neighborhood or lthe occupants of nearby
premises to be disturbed, or reasonably liable to be
disturbed, shall be guilty of a misdemeanor.
Sec' ion 7-57: Ordinance No. 65-865, Section 17, is hereby amended
as 'follows :
It shall be unlawful for any person to keep any dog or
cat in the limits of the City for which a license has not
been procured from a local veterinary clinic.
Section 7-5$: Ordinance No. 65-865, S+~ction 4, is hereby amended
as follows:
Each person owning or keeping a dog or cat within the
City shall procure a rabies and a city license annually.
Such licenses shall be provided by local veterinary
clinics.
Section 7-59: Ordinance No. 65-865, Section 2, is hereby amended
as follows:
It shall be the duty of the owner of harborer of each and
every dog and cat kept in the City to have such dog or
cat vaccinated against rabies by a practicing Veterinar-
ian at least once each year; provided, however, that such
dog or cat must have been vaccinated witr~in one month of
the date of the owner or keeper'; application for the
license required in this Article, or within thirteen (13)
months prior to the expiration date of the license
applied for.
Section 7-60: Ordinance No.65-865, Section 4, is hereby amended as
follows:
Upon compliance with. the provisions of this division and
upon payment of the fee required he=rein, a local veteri-
nary clinic shall issue the license as required by this
division.
Section 7-61: Ordinance No. 65-865, Section 4, is hereby amended
as follows:
f
,. r+
It shall be the duty of the Director of Public Safety 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
Public Safety 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 upon the 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.
Section 7-62: Ordinance No. 82-2509 is hereby amended as follows:
Each .license issued under the provisions of this division
shall run for a period of twelve (12) months from the
date of issuance.
PASSED AND APPROVED ON FIRST READING THIS THE 13-~ DAY OF
December , 19 8 3 .
PASSED AND APPROVED ON SECOND READING THIS THE 20th DAY OF
December 19 8 3 .
~ s
. V. Ftidlehuber, Mayor
CITY OF' PLAINVIEW, TEXAS
E