HomeMy WebLinkAboutOrd 10-3539ORDINANCE NO. 10 -3539
AN ORDINANCE OF THE CITY OF PLAINVIEW, AMENDING CHAPTER 5,
ARTICLES III, IV, VI, AND VII ENTITLED "ANIMALS AND FOWL" OF
THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS;
PROVIDING PROCEDURES AND FEES FOR THE IMPOUNDMENT AND
REDEMPTION OF ANIMALS IN NEED OF THE ANIMAL CONTROL
DEPARTMENT'S CARE AND SERVICES; REPEALER; SEVERABILITY
CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND
EFFECTIVE DATE.
WHEREAS, the City of Plainview, Texas, provides animal control services to its
citizens; and
WHEREAS, Chapter 5, Article III, entitled Impoundment, will be amended to clarify a
procedure for the impoundment and fees assessed for animals requiring the Animal
Control Department's care and services to animal owners within the City of Plainview,
Hale County, Texas; and
WHEREAS, Chapter 5, Article IV, entitled Domesticated Animals, will further be
amended to provide procedures regarding the impoundment fees and redemption of
unvaccinated animals needing the Animal Control Department's care and services to
animal owners within the City of Plainview, Hale County, Texas; and
WHEREAS, Chapter 5, Article VI, entitled Rabies Control, will also be amended to
provide for the surrender and redemption of certain specified animals to the Animal
Control Department for care and services to comply with the Texas Health and Safety
Code Ann., Chapter 826 (Vernon's 2010) and the City of Plainview Ordinances, Chapter
5; and
WHEREAS, Chapter 5, Article VII, entitled Fees and Charges, is created to state
fees and charges that the City Council determines are necessary to defray the costs of
the Animal Control Department providing such care and services to animal owners; and
WHEREAS, the City Council is charged with the responsibility of establishing
procedures for impoundment and redemption fees and charges in order to defray the costs
and expenses directly associated with the regulation of such care and services provided;
and
WHEREAS, the City Council finds that an increase in the fees charged for such
services is necessary to promote the public health, safety, and general welfare of the
citizens of the City of Plainview, Texas and ensure the humane treatment of animals by
regulating the care and control of animals within the City.
NOW THEREFORE, The City of Plainview hereby ordains:
Ordinance No. 10 -3539
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SECTION I:
Chapter 5, Animals and Fowl, Article III, Impoundment, is hereby amended as
follows:
Sec. 5 -32. Pets.
The provisions of this Article shall not be applicable to the impoundment of
domesticated animals kept as pets under the provisions of this Chapter. Pets shall be
subject to impoundment under the provisions of sections 5 85 through 5 -109. Article IV of
this Chapter. (Code 1978, Ch.7., §30)
Sec. 5-35. Fees.
The fees and charges which shall be imposed for the impoundment of animals or
fowl under the provisions of this Article shall be as determined by the °City °Council. from
Deportment. (Code 1957, Ch. 4, §5; Ord. 76 -1984, 9- 14 -76; Ord. No. 94 -3024, 12- 13 -94).
SECTION II:
Chapter 5, Animals and Fowl, Article IV, Domesticated Animals, is hereby amended
as follows:
Sec. 5 -98. Fees.
The fees and charges which shall be imposed for the impoundment of animals or
fowl under the provisions of this Article shall be as determined by the °City °Council from
time to time, and on the in the office of the city clerk. (Ord. No. 65 -865, §7,4 -5 -65; Ord No.
76 -1984, 9- 14 -76; Ord No. 76 -1988, 9- 14 -76; Ord No. 80 -2386, 2- 26 -80; Ord No. 85 -2630,
11- 26 -85)
Sec. 5 -99. Redemption of unvaccinated animal.
(1) Any animal impounded under this Article may be reclaimed by the owner in
person upon the payment of required impoundments fees set forth in this Chapter,
and based upon impoundment records maintained by the Animal Control
Department. The Animal Control Department shall return the animal if the owner
can provide sufficient proof of being the animal's owner and if such release will not
impair the public safety or the animal. The owner has the responsibility to
personally visit the shelter before the expiration of the designated holding period to
reclaim their animal; and
(2) Any domestic animal over the age of three (3) months which does not have a
current rabies vaccination shall not be redeemed, transferred, or adopted until the
animal has been so vaccinated. The owner of any impounded domesticated
Ordinance No. 10 -3539
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SECTION III:
animal which has not been vaccinated as required by this Article, upon satisfactory
proof of ownership, may redeem his animal by making a deposit in the specified
amount as determined by the GCity GCouncil from timc to time and filed with the city
clerk, with the animal control officer, and be allowed twenty -four (24) hours to get
such animal vaccinated. If such owner fails to procure a vaccination certificate
within twenty -four (24) hours, the deposit shall be forfeited and the animal shall be
impounded again. Upon presentation within such period of time of a certificate of
vaccination issued under this article, the deposit shall be refunded. (Ord. No. 65-
865, §7,4 -5 -64; Ord. No. 85 -2629, 11- 12 -85)
Chapter 5, Animals and Fowl, Article VI, Rabies Control, is hereby amended as
follows:
Sec. 5 -122. Duty of owner to surrender animal: redemption
The owner, upon demand by the h alth officer, shall forthwith surrender any animal
supervised quarantine, the expense of which shall be borne by the owner. Said animal
time t time Upon the demand made by an Animal Control Officer, it shall be unlawful for
the owner to fail to surrender any animal which has bitten a human or another animal, or
which is suspected of having been exposed to rabies, for quarantine, which expense shall
be borne by the owner. The owner may reclaim such quarantined animal if adjudged free
of rabies upon payment of fees set forth in this Chapter and upon compliance with the
vaccination provisions of this Chapter. (Ord. No. 65- 865, §15,4 -5 -65)
SECTION IV:
Chapter 5, Animals and Fowl, Article VII, Fees and Charges, is hereby created and
shall read as follows:
Sec. 5 -136. Service fees and charges
Any animal impounded under the provisions of this Chapter may be reclaimed by
the owner in person taking custody of such animal upon complying with Section 5 -99 of
this Chapter and payment of the following fees based upon owner impoundment records
within a two year period:
1. Animal Registration / License Fees
Animal License fee, through local veterinary $3.00
Duplicate license fee, through local veterinary 1/2 of license fee
Ordinance No. 10 -3539
Article VII. FEES and CHARGES
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All fees due are assessed for each animal impounded.
(Ord. No. 65 -865, § 5,4 -5 -65; Ord No. 88 -2768, §2, 1- 10 -89; Ord No. 94 -3018, 9- 27 -94;
Ord No. 94 -3024, 12- 13 -94)
SECTION V
All ordinances or parts of ordinances inconsisterit with any provisions of this
Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters regulated, herein.
SECTION VI
2. Boarding fee, per day
All animals except livestock $ 5.00
Livestock $ 6.00
3. Impoundment Fees per animal, except livestock
Impound fee — first time in 12- month period $ 25.00
Impound fee — second time in 12 -month period $ 50.00
Impound fee — third time in 12 -month period $ 60.00
4. Impoundment Fees for livestock, per head
Impound fee — first time in 12 -month period $ 50.00
Impound fee — second time in 12 -month period $100.00
Impound fee — third time in 12 -month period $150.00
5. Miscellaneous Fees, per animal
Any animal trap, deposit $60.00
Euthanasia
For city residents $10.00
For non -city residents $25.00
Quarantine fee, daily $ 5.00
Pick -up fee for animal to be quarantined $25.00
Redemption deposit in lieu of rabies vaccination $15.00
Shipping fee for rabies test $20.00
Severability is intended throughout and within this Article. If any provision, including
any section, paragraph, sentence, clause, phrase or word or the application thereof to any
person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law
or administrative agency with jurisdiction over the matter, such action shall not be
construed to affect any other valid portion of this Ordinance.
Ordinance No. 10 -3539
Dangerous Dog license fee $75.00
Chapter 5: Animal Control Page 4 of 5
SECTION VII
Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter,
or diminish the applicability or enforcement of other ordinances restricting, regulating, or
governing the subject matter herein.
SECTION VIII
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION IX
This ordinance shall be in full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 14 day of December, 2010.
PASSED AND APPROVED on second reading this 11h day of January, 2011.
ATTE T:
Belinda Hinojosa, City Secr
APPROVED AS TO CONTENT:
L Spear
ora, Animal Control Officer
APPROVED AS TO FORM:
Leslie S ear Pea e, City Attorney
Ordinance No. 10 -3539
John C. Anderso , Mayor
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SECTION V
This ordinance shall be effective with the first billing in O Gtelge-r2 January,
2011 and upon its passage and publication as required by law.
PASSED AND APPROVED on first reading t day of , 2010.
PASSED AND APPROVED on seco
ATTEST:
Belinda Hinojosa, City Secretary
APPROVED AS TO CONTENT:
Sarianne Beversdorf, Director of Finance
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attor
Ordinance No.10 -3536
o �
John C. Anderson, Mayor
day of , 2010.
Water Rate Effective 1 -1 -2011 Page 3 of 3