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G-05-10-27-12A1 - 10/27/2005ORDINANCE No. - o�- �o--� Q.A 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 2, SECTION 2.1300 LICENSING OF DOGS AND CATS AND ESTABLISHING A LICENSE FEE AMOUNT; AND AMENDING SECTION 2.1904 IMPOUNDED ANIMAL BECOMES PROPERTY OF CITY AND ESTABLISHING AN ADOPTION FEE; AND AMENDING SECTION 2.1906 RECLAIMING ANIMALS AND IMPOUNDMENT FEES TO. ESTABLISH RECLAMATION AND IMPOUNDMENT FEES ; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 2, Section 2.1300, Code of Ordinances (1995 Edition), City of Round Rock is hereby amended as follows: SECTION 2.1300 LICENSING OF DOGS AND CATS 2.1301 LICENSE REQUIRED It shall be unlawful for any person to own, keep, or harbor any dog or cat over the age of four (4) months within the City unless such dog or cat is has been issued a valid, current license by the City of Round Rock. 2.1302 APPLICATION Application for such license shall be made by the owner to the City within ten (10) days after acquiring any dog or cat over four (4) months of age or within ten (10) days after a dog or cat becomes four (4) months of age; provided that any owner moving to the City for the purpose of establishing residence or becoming a resident as a result of any annexation, and otherwise required to obtain a license, shall have until ten (10) days after moving or annexation to obtain such a license. 2.1303 PROOF OF RABIES VACCINATION REQUIRED All owners applying for a license must present a written Certificate of Anti -Rabies Vaccination by a registered veterinarian duly licensed to practice by the Texas Board of Veterinary Medical Examiners, or must otherwise show to the satisfaction of the licensing authority of the City that the animal for which the license is being obtained has been inoculated against rabies in compliance with Section 169.29 of the Texas Administrative Code. Said certificate must show the name and address of the owner of said dog or cat containing a description of the color, breed, sex and weight of said dog or cat together with the kind and amount of vaccine used and the date of administration, and certifying that said dog or cat was so vaccinated and immunized against rabies. It shall be unlawful for a dog or cat to be present in the City and not be vaccinated against rabies. Every owner of a dog or cat shall furnish proof of rabies vaccination upon request by an Animal @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/051013A1.WPD/sc1 Control Officer. Failure to furnish proof upon request shall create a presumption that the animal has not be vaccinated for rabies. Additionally, an animal found in violation of Section 2.1309 shall create a presumption that the animal has not been vaccinated against rabies. The owner of the animal shall be responsible for the offense and no culpable mental state is required. 2.1304 PROOF OF STERILIZATION Any owner claiming that his dog or cat has been spayed or neutered must show to the satisfaction of the licensing authority of the City that such operation has been performed. 2.1305 PAYMENT OF LICENSE FEE A license fee shall be paid at the time of making application as required by the licensing authority of the City. The following fee schedule applies per animal licensed: Sterilized Animal Non -Sterilized Animal 2.1306 EXPIRATION AND RENEWAL $5.00 $10.00 A dog or cat license shall be valid for one year after the date it was issued and shall be renewed no later than the date of its expiration. 2.1307 EXEMPTION FROM LICENSE FEE License fees shall not be required for service dogs, government police dog or dogs belonging to a nonresident of the City and kept within the boundaries of the City for not longer than ten (10) days; provided that all dogs of nonresidents shall at the time of entry into the City be properly vaccinated against rabies, and while kept within the City, meet all other requirements of this Chapter. Service dog means a dog that is professionally and specifically trained to aid or assist physically disabled persons by an organization recognized as reputable and competent in training such animals when the dog is owned and used for that purpose by a physically disabled person who has satisfactorily completed a specific course of training in the use of the dog. Any owner claiming any of these exemptions has the burden of proving to the satisfaction of the licensing authority that the dog or cat in question is entitled to such exemption. 2.1308 ISSUANCE OF LICENSE TAGS Upon payment and acceptance of the license fee and proof of rabies vaccination, the licensing authority of the City shall issue a durable license tag, stamped with the year of issuance and an identification number for the animal for which the license has been obtained. 2 2.1309 REQUIREMENT THAT TAGS BE WORN It shall be unlawful for any dog for which the owner is required to obtain a license to not wear a valid license tag at all times, securely attached to a collar around the neck of the dog. Cats are not required to wear a license tag. 2.1310 USE OF LICENSE TAGS It shall be unlawful for any person to use a license for any animal other than the animal for which the license was issued. It shall also be unlawful for any person to remove from the neck of any dog or cat the license tag issued pursuant to this Section, or alter such tag in any manner. 2.1311 CHANGE OF OWNERSHIP If there is a change in ownership of a licensed dog or cat, the new owner shall have the license transferred to his name. Application for such transfer shall be made to the licensing authority of the City, and be accompanied by the required fee. 2.1312 LOST OR DESTROYED TAGS If such tag is lost or destroyed, the owner shall apply to the licensing authority of the City for a new tag by presentation of the applicable vaccination -registration certificate accompanied by the required fee. II. That Chapter 2, Section 2.1904, Code of Ordinances (1995 Edition), City. of Round Rock. is hereby amended as follows: 2.1904 IMPOUNDED ANIMAL BECOMES PROPERTY OF CITY Any animal impounded in the animal shelter for a period exceeding the times laid out in this Chapter shall become the property of the City and shall be placed for adoption or humanely euthanized. The adoption fee for all animals is $75.00 per animal adopted. Any livestock kept over 72 hours may be sold or auctioned to cover the costs of impoundment and boarding. III That Chapter 2, Section 2.1906, Code of Ordinances (1995 Edition), City of Round Rock is hereby amended as follows: 3 2.1906 RECLAIMING ANIMALS AND IMPOUNDMENT FEES An owner reclaiming an impounded animal shall pay all impounding fees, vaccination fees, and boarding fees for said animal before the animal shall be returned to the owner. The following fee schedule applies per animal impounded: Impound Fee 1" Offense $20.00 Impound Fee 2' Offense and Subsequent Offenses $25.00 Boarding Fee per each 24 Hour Period or Portion Thereof $10.00 Rabies Quarantine Boarding Fee $15.00/day Medical Costs Actual Costs Incurred IV. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the. Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2005. 4 Alternative 2. READ and APPROVED on first reading this the 1 3 day of , 2005. READ, APPROVED and ADOPTED on second reading this the _ .517 day of CHRISTINE R. MARTINEZ, City Secr 5 ary DATE: October 20, 2005 SUBJECT: City Council Meeting - October 27, 2005 ITEM: *12.A.1. Consider an ordinance amending Chapter 2, Sections 2.1300, 2.1904, and 2.1906 of the Round Rock Code of Ordinances (1995 Edition) regarding the licensing of dogs and cats. (Second Reading) Department: Police Department Staff Person: Captain Tim Ryle Justification: As the City assumes pet licensing, impound, and adoption functions, changes in the pertinent portions of the city code are necessary. These changes also set in ordinance the fees associated with these functions: Fee Cost Impound Fee 1st Offense $20.00 Impound Fee 2nd and Subsequent Events $25.00 Boarding Fee per each 24 Hour Period or Portion Thereof $10.00 Rabies Quarantine Boarding Fee per Day $15.00 Any Medical Costs Incurred Actual Cost Adoption Fee - All Animals $75.00 License Fee - Sterilized Animal $5.00 License Fee - Non -sterilized Animal $10.00 License Fee - Service Dogs and Senior Citizens No Charge Funding: Cost: NA Source of funds: NA Background Information: These changes are part of the changes associated with the City contracting with the City of Pflugerville for animal boarding services. Public Comment: N/A