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O-92-2563 - 2/13/1992ORDINANCE NO. '9P/3 AN ORDINANCE AMENDING CHAPTER 2, CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS; AMENDING REGULATIONS RELATED TO LIVESTOCK RUNNING AT LARGE AND THE FEES THEREFOR; DEFINING "CAT" AND AMENDING DEFINITION OF "OWNER"; AMENDING REGISTRATION AND IMPOUNDING REGULATIONS TO APPLY TO CATS; AMENDING VARIOUS OTHER REGULATIONS TO APPLY TO CATS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 2, Subsections 2.102, 2.103, and 2.104, Code of Ordinances, 1990 Edition, City of Round Rock, Texas are hereby amended to read as follows: 2.102 ANIMAL CONTROL OFFICER TO IMPOUND ANIMALS AT LARGE Is shall be the duty of the Animal Control Officer to impound all animals enumerated in subsection 2.101 above, subject to terms and conditions as from time to time may be established through ordinance by the City Council or its designated official. Livestock will be held by a private contractor with owner being responsible for all impound, transportation, boarding, feeding and any other expenses incurred in impounding the animal or animals. All fees and charges must be paid prior to release of the animal or animals. A fee of fifty dollars ($50.00) per hour (2 hour minimum) will be charged to the owners for time spent by Animal Control in controlling and securing livestock. Any expenses incurred and repairs to any equipment damaged in the process of controlling and securing the livestock will be charged to the owners of the livestock. 2.103 LIVESTOCK NOT TO BE ALLOWED ON ARTERIAL ROUTES To insure the public safety and to avoid serious accidents, any livestock that is in danger of getting on an arterial route will be tranquilized if possible or in extreme cases destroyed by Police Officers or Animal Control Officers. If it is necessary to tranquilize or destroy livestock to prevent property damage or injuries, the City will not be liable for damages to the owners of said livestock. OR12191E 2.104 VIOLATION OF SECTION Any person, whether or not the owner of livestock, who allows livestock to run at large as defined in Section 2.101 shall be guilty of a misdemeanor. II. That Chapter 2, Subsection 2.301, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to include new paragraphs (5) and (6) which shall read as follows: 2.301 DEFINITIONS (5) Cat shall mean any member of the family Felis Domestica. (6) Owner shall mean any person or persons, firm, association, or corporation owning, keeping, feeding, being in control of, having custody of or harboring a dog or cat for a period of (3) three days or more. III. That Chapter 2, Subsection 2.302, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to read as follows: 2.302 REGISTRATION, VACCINATION AGAINST RABIES; FEES (1) Annual Registration, Immunization Against Rabies Required It shall be unlawful for the owner of any dog or cat over the age of four (4) months within the corporate limits of the City of Round Rock, Texas, to keep or maintain said dog or cat unless said dog or cat is immunized against rabies, and unless an annual registration fee as determined by the City Council has been paid. This registration herein described shall be dated as of the date fee is collected and shall be renewable on each anniversary date thereafter, upon payment of the required fee. Registration fee shall be waived for dogs serving the handicapped or government owned dogs used for law enforcement. 2. (2) Owner to Submit Written Certificate of Anti -Rabies Vaccination (3) At the time of the payment of the above described dog or cat registration fee, the owner of said dog or cat shall present a written Certificate of Anti - Rabies Vaccination by a registered veterinarian duly licensed to practice by the Texas Board of Veterinary Medical Examiners. Said certificate to show 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. Tags to be Issued Upon presentation of the certificate, as required, and payment of the fee mentioned above, the owner shall receive a metallic tag stamped with the year for which the same is paid, and such tag shall be at all times securely attached to a collar around the neck of the dog or cat for which said registration fee is paid. No registration fee shall be accepted unless applicant can show proof of current rabies vaccination. (4) (Repealed) (5) (Repealed) IV. That Chapter 2, Subsection 2.303, paragraphs (2) through (9), Code of Ordinances, 1990 Edition, City of Round Rock, Texas are hereby amended to read as follows: 2.303 UNLAWFUL TO ALLOW DOGS OR CATS TO RUN AT LARGE (2) Owner Liable (3) The owner of any dog or cat found running at large, shall, upon conviction thereof, be guilty of a misdemeanor. Animal Control Officer to Impound All Docs or Cats Running at Large It shall be the duty of the Animal Control Officer or any Police Officer in the City of Round Rock, Texas to cause all dogs or cats, whether vaccinated and registered or not, to be impounded when found running at large upon the public streets, parks, 3. alleys, public premises and/or private premises, other than the private premise of the owner of such dog or cat. (4) Registry of Imrsounded Dogs and Cats to be Kept The Animal Control Officer or Police Officer, upon receiving any dog or cat shall make a complete registry entering the breed, color, and sex of such dog or cat whether or not it is registered. If registered the Animal Control Officer or Police Officer shall obtain the name and address of the owner and the number of the registration tag, and every reasonable effort shall be made to notify the owner thereof. (5) Impoundment Fees The owner will be charged an impoundment fee, the amount to be determined by the City Council. In addition the owner will be charged a boarding fee, as determined by the City Council, for each day the dog or cat is impounded. (6) Procedure to Redeem Impounded Dogs and Cats The owner of any impounded dog or cat may redeem such dog or cat any time prior to the sale or destruction as set forth hereinafter by paying the fees above provided for and by having on their person a valid City of Round Rock registration receipt and vaccination certificate showing the dog or cat to have been vaccinated within a twelve (12) month period. In the event the dog or cat is not properly registered or vaccinated prior to redemption the owner must register said dog or cat and pay for a voucher to be redeemed for a rabies vaccination by a licensed veterinarian. (7) Cats Exempt From Leash Although cats shall be exempt from the leash requirement, any cat straying on the property of anyone except the owner shall be deemed a public nuisance and shall be subject to impoundment. •(8) Tying or Staking Near Streets, Public Buildings, etc.; Impounding It shall be unlawful for any animal to be tied or staked upon any open or unfenced lot or land within ten (10) feet of any street, park, or other public land or within ten (10) feet of any sidewalk, public passageway or building. Such animal so tied or staked shall be considered dangerous to the 4. (9) public in general and declared a nuisance, and shall be impounded as any other animal found running at large. Right to Pursue and Apprehend The Animal Control Officer shall have the right to pursue and apprehend a free roaming dog or cat onto private property without first requesting permission from the owner of the property before entering the property or without obtaining a search warrant. V. That Chapter 2, Subsection 2.304, paragraph (1), Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to read as follows: 2.304 DISPOSITION OF IMPOUNDED DOGS AND CATS (1) Disposition Any dog or cat impounded in accordance with the provisions of this section shall be kept and so impounded for a period of seventy-two (72) hours if not wearing a current registration tag or seven (7) days if wearing a current registration tag, unless earlier redeemed by the owner. At the expiration of the said impoundment period the City or its designee shall become the owner of the dog or cat. VI. That Chapter 2, Subsection 2.305, Code of Ordinances, 1990 Edition, City of Round Rock, Texas are hereby amended to read as follows: 2.305 APPOINTMENT AND DUTIES OF ANIMAL CONTROL OFFICER (1) Duties of Animal Control Officer The City Manger of the City of Round Rock shall appoint an Animal Control Officer and such assistants as may be required to enforce the Animal Control Ordinance. The Supervisor of Animal Control is hereby designated as the Local Health Authority for the purposes of Chapter 826, Health and Safety Code, V.T.CA., (Rabies Control Act of 1981) and shall be responsible for performing all duties and responsibilities provided herein. 5. (2) City Manager to Provide Suitable Impoundment Place The City Manager shall provide a suitable place for the Animal Control Officer to impound all dogs and cats picked up under the provisions of this section. (3) Self Defense Upon attack by a vicious animal, the Animal Control Officer can defend himself, or a complainant at his discretion, taking such means as he deems necessary in that situation. (4) Suffering Animals In the event the Animal Control Officer finds animals to be suffering, he shall have the right forthwith to remove or have removed such animals to a safe place for care at the owners expense or to euthanize them when necessary to prevent further suffering. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred. VII. That Chapter 2, Subsection 2.306(2), paragraphs (a) and (c), Code of Ordinances, 1990 Edition, City of Round Rock, Texas are hereby amended to read as follows: 2.306 VICIOUS DOGS (2) Vicious Dog - Procedure and Hearing (a) The animal warden may receive a complaint concerning a dog which has bitten a human being or attacked another animal. A complainant must file with the Animal Control Officer a written sworn complaint which contains the following information, as applicable: (i) name, address and telephone number of complainant and any other witnesses to the incident; (ii) date, time and location of the incident; (iii) description of the dog; (iv) name, address and telephone number of the dog owner; 6. (v) a statement that the dog attacked another animal; (vi) a statement that the dog attacked or bit a human being; (vii) a statement that the dog has exhibited vicious propensities in past conduct; and (viii) other facts or circumstances of the incident. (c) The judge shall hold such hearing and shall determine at the hearing if the dog specified in the complaint should be destroyed or ordered removed from the City Limits for the protection of the public health, safety and welfare of the community. The judge shall receive testimony at the hearing concerning the incident under investigation. To order the removal or destruction of the dog for the public health, safety and welfare, the judge must find all the following facts to be true: (i) the dog attacked or bit a human being or attacked another animal; (ii) the dog is the same dog which committed the acts in (i) of this subsection; and (iii) destruction of or removal of the dog is necessary to preserve the public health, safety and welfare of the community. If the judge orders destruction or removal of the dog and the owner is not present at the hearing, the clerk shall notify the owner of the decision by personal service or certified mail, return receipt requested. If the judge does not order destruction of or removal of the dog, the animal warden shall, if the dog was impounded, return the dog to the owner upon payment of any fees due. VIII. That Chapter 2, Subsection 2.307, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to read as follows: 2.307 QUARANTINING OF DOGS OR CATS EXPOSED TO RABIES Any dog or cat that has rabies, or symptoms thereof or 7. that is suspected of having rabies or has been exposed to rabies, shall be handled in a manner consistent with state law regarding the disposition of domestic animals exposed to rabies. VIV. That Chapter 2, Subsection 2.308, paragraph (1), Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to read as follows: 2.308 PROCEDURE WHEN ANIMALS HAVE BITTEN OR INJURED PERSONS (1) Animals to be Confined and Observed If any person shall present an affidavit that any dog or other animal has bitten or scratched any person within the city, it shall be the duty of the City Manager or his designate to immediately impound such animal at facilities currently used or designated by the City of Round Rock for the impoundment of animals, or at the request of the animal's owner or keeper, and with the consent of a veterinarian, at facilities maintained by a licensed veterinarian. Any such impoundment at any facilities shall be at the expense of the owner or keeper of such animal. No such animal confined under the provisions of this subsection shall be released to any person until the City Manager or his designate has received a certificate signed by a licensed veterinarian, certifying that in his professional opinion the animal is free of transmissible rabies, and, if such animal is a dog or cat, such dog or cat has been given any and all vaccinations required under the provisions of this section and has been duly licensed and is currently licensed under the provisions of this section. In the event any veterinarian confines any animal under the provisions of this subsection, and the owner or keeper of such animal fails or refuses to claim the same or fails to have the required vaccination or licensing accomplished, such veterinarian shall release such animal into the custody of the City of Round Rock, Texas. X. That Chapter 2, Subsection 2.309, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to read as follows: 8. SECTION 2.309 NO DOG OR CAT ALLOWED IN PLACE WHERE FOOD IS SOLD OR SERVED No owner of any dog or cat and no manager, clerk, owner or operator of any place where food is exposed or offered for sale, served or sold for human consumption, shall permit any dog or cat to enter, be or remain within any store, restaurant, cafe, shop, building, structure or place where food is offered for sale, displayed or handled for human consumption within the corporate limits of the City of Round Rock, Texas. XI. That Chapter 2, Subsection 2.401, paragraph (2), Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to read as follows: 2.401 DEFINITIONS (2) Dangerous animal shall mean any dog, cat, or other animal that, without clear provocation, (a) bites or attacks humans or (b) in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated. XII. 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. READ and APPROVED on first reading this the L,rjday 1992. READ, APPRO+ED and ADOPTED on second reading this the l) 66 day of , 1992. 9. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: NE LAND, City Secretary 10. DATE: February 11, 1992 SUBJECT: City Council Meeting, February 13, 1992 ITEM: 8.A. Consider an ordinance amending the Animal Control Ordinance. (Tabled 1-23-92; Second Reading) STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Attached are two versions of the Animal Control Ordinance. PLEASE DISCARD ANY OTHER COPIES OF THIS ITEM YOU HAVE RECEIVED. 2-12-92