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O-73-248 - 12/6/1973ORDINANCE NO. ,248 AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS, REPEALING ORDINANCE NO. 207 AND ANY OTHER EXISTING ORDINANCES OR ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE;DEFINING THE TERMS USED IN SAID ORDINANCE; REQUIRING THE LICENSING, VACCINATION AND PAYMENT OF FEES BY OWNERS; PROHIBITING THE RUNNING AT LARGE OF DOGS; PROVIDING FOR DISPOSITION OF IMPOUNDED DOGS; PROVIDING FOR THE APPOINTMENT AND LIST OF DUTIES OF AN ANIMAL WARDEN; PROHIBITING MAINTAINING VICIOUS OR DANGEROUS DOGS; PROVIDING FOR PROCEDURE WHEN ANIMALS HAVE BITTEN OR INJURED PERSONS; PROHIBITING THE EXISTENCE OF DOGS IN A PLACE WHERE FOOD IS EXPOSED OR OFFERED FOR SALE; PROVIDING FOR FINES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE POSSIBILITY OF UN- CONSTITUTIONAL PORTIONS; DECLARING AN EMERGENCY: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: SECTION I: DEFINITION The term "DOG" shall mean both male and female and in- clude any, each and every mammal of the dog family in the City of Round Rock, Texas. The term "OWNER" shall mean any person or persons, firm, association or corporation owning, keeping, being in control of, having custody of, or harboring a dog. The term "AT LARGE" shall mean not under the control of the owner or a member of the owner's immediate family or a servant of the owner, either by leash, chain, chord or other suitable material attached to a collar or harness or not re- strained securely within an enclosure or fence. The term "VICIOUS DOG" shall mean a dog which is unruly, refractory or has displayed an inclination to approach or growl at a person or persons in an angry or threatening or ill-tempered manner when such person or persons was or were not doing acts ordinarily calculated to cause well -tamed dogs to respond in such manner or to bite or bite at or attack or snap at a person or persons or has displayed habits indicating a lack of docility or lack of complete taming. 1 SECTION II: LICENSING, VACCINATION AGAINST RABIES, FEES: (a) It shall hereafter be unlawful for the owner of any dog over the age of six months within tI corporate limits of the City of Round Rock, Texas, to keep or maintain said dog unless said dog is immunized against rabies, and unless an annual license tax in the sum of $2.50 for each dog has been paid to the City Secretary of the City of Round Rock, Texas. The tax herein prescribed shall be due and payable on or before January 1 of each year. (b) At the time of the payment of the above prescribed dog license tax, the owner of said dog shall file with the City Secretary of the City of Round Rock, Texas, a written certificate of Anti -Rabies vaccination by a registered veterinarian duly licensed to practice such pro- fession by the State Board of Veterinary Examiners, showing the name and address of the owner of said dog, containing a description of the color, breed, sex and weight of said dog, together with the kind and amount of vaccine used and the date of administration, and certifying that said dog was so vaccinated and immunized against rabies by such veterinarian not more than three months prior to the date of such annual license tax, and the application for license tax receipt and the tag. (c) Upon the filing of the certificate, as required, and the payment of the tax mentioned above, the City Secretary shall deliver to the owner and keeper of said dog 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 for which such license tax is paid. The City Secretary of the City of Round Rock, Texas, and the employees and deputies of such officer are hereby expressly prohibited from accepting payment of the above prescribed dog -2- license tax and issuing a tag unless the applicant has filed with the City Secretary the above prescribed certificate of vaccination. The City Secretary is herein directed to maintain a separate file to keep in an orderly fashion the above described certificates. (d) It shall be the duty of the owner or keeper of any dog to procure a duplicate tag from the City Secretary in the event the original tag is lost or destroyed and the City Secretary shall issue a duplicate tag upon application of any person who has complied with the provisions of this ordinance and upon the payment of 50¢ for the cost of issuing the duplicate tag. SECTION III. UNLAWFUL TO ALLOW DOG TO RUN AT LARGE: (a) It shall be unlawful for any dog to be at large and free on the public streets, parks, alleys, public premises and/or private premises, other than the premises of the owner of said dog, in the corporate limits of the City of Round Rock, Texas, unless the dog is on a leash and is accompanied by the owner or a member of the owner's immediate family, a servant of the owner or an employee. (b) The owner of any dog found running at large shall upon conviction thereof, be guilty of a misdemeanor, punish- able by a fine as hereinafter provided by this ordinance. (c) It shall be hereafter the duty of the Animal Warden or any police officer in the City of Round Rock,Texas, to cause all dogs, whether vaccinated and licensed or not, to be caught and placed in the City Pound when found running at large upon the public streets, parks, alleys, public premises and/or private premises,other than the private pre- mises of the owner of such dog, unless the dog is on a leash, and accompanied by the owner or a member of the owner's im- mediate family, or servant or employee of the owner. (d) The Animal Warden or police officer, upon re- ceiving any dog shall make a complete registry entering the breed, color, sex of such dog and whether or not licensed. If licensed, the Animal Warden or police officer shall obtain the name and address of the owner and the number of the license tag, and every reasonable effort shall be made to notify the owner thereof. (e) The Animal Warden shall charge a fee of $5.00 for each dog impounded for the first time in any calendar year. For each subsequent time a dog is impounded in any calendar year the Animal Warden shall charge a fee of $10.00. In addition to the fees above specified, the Animal Warden shall charge a fee of $2.00 for each day such dog remains in the Pound. (f) The owner of any impounded dog may redeem such dog any time prior to the sale or destruction as set forth hereinafter by paying .e fees above provided for and by having on their person and producing a valid City of Round Rock dog license receipt and vaccination certificate showing the dog to have been vaccinated within a twelve month period. In the event the dog is not properly licensed or vaccinated prior to redemption, the owner must license said animal and place on deposit with the Animal Warden an amount equal to the cost of the vaccination of said animal, this amount to be re- funded upon receipt of certification that the animal has been vaccinated by a licensed veterinarian, licensed to practice veterinary medicine in the State of Texas. (g) The fees and charges above provided for shall be collected by the Animal Warden and he shall keep a record showing by whom any amount was paid, the date paid, and such information, together with the amount collected by him, shall be -by him delivered to the City Secretary of the City of Round Rock. A receipt for the fees paid shall be furnished the person paying the fees and charges. 4 SECTION IV. DISPOSITION OF IMPOUNDED DOGS: (a) Any dog placed in the City Pound in accordance with the provisions of this Ordinance shall be kept and so impounded for a period of seventy-two (72) hours, unless earlier redeemed by the owner. At the expiration of said seventy-two hours period, the Animal Warden or any officer designated by him, shall sell such dog at auction to the highest bidder for cash; provided, however, that the owner or keeper of the dog may at any time before the sale of the dog pay the fees provided for in Section III of this Ordinance and receive the dog from the City Pound or wherever said animal shall be impounded. At the auction sale of all dogs in accordance with the provisions of this Ordinance, the Animal Warden or any officer authorized by him, shall bid in the name and for the City up to the amount of the tax and im- pounding fees due upon the dog, unless some other person shall bid such amount or greater amount therefor. Any person who shall bid the amount of the fees due for impounding and keep- ing any dog shall have such dog delivered to him at the City Pound upon the payment to the Animal Warden of the amount of the bid, and the person shall be entitled to have the dog registered in his name and receive a tag therefor by present- ing to the City Secretary a certificate from a practicing veterinarian stating that the dog has been vaccinated against rabies and the payment of a license fee. If the Animal. Warden shall be the only bidder at the sale of any dog hereinabove provided for, the City shall become the owner of the dog and thereupon the Animal Warden shall cause said animal to be destroyed after the provisions of this Ordinance have been complied with. The Animal Warden shall not redeem any animal that has not been properly tagged and properly vaccinated against rabies by a practicing veterinarian, except as provided for in Section III (f) above. 5 (b) The owner of any licensed dog at the time it is impounded may, within 30 days after such dog is sold, re- deem the same from such purchaser by paying to him the amount of the purchase price paid by him to the Animal Warden and in addition thereto the licensing fee and vaccina- tion charges, if any were incurred, and in addition thereto, the charge of $2.00 per day for the number of days from the date of the sale to the date of redemption. At the end of thirty days from the date the dog is sold, the right to re- deem shall expire. (c) The Animal Warden shall keep necessary records as are required to show in detail the disposition of all animals impounded and the money collected by him and such other records as are required by the City Secretary. SECTION V. APPOINTMENT AND DUTIES OF ANIMAL WARDEN: (a) The City Manager of the City of Round Rock shall appoint an animal warden and such other assistants as may be required. The Animal Warden and his assistant shall be under the supervision and control of the City Manager. It shall be the duty of the Animal Warden and his assistant to take up and impound all dogs running at large and all dogs that do not have fastened around their necks the required tags, to keep and properly care for all dogs impounded, to destroy all dogs that have not been redeemed or sold and to perform such other duties as may be directed by the City Manager under the terms of this Ordinance. (b) The City Manager, shall provide a suitable place for the Animal Warden to impound all dogs picked up under the provisions of this Ordinance and such pound shall be under the control of the Animal Warden. The City Manager is ex- pressly given the power to enter into any suitable contract with any licensed veterinarian licensed to practice veterinary medicine in the State of Texas, to impound said animals for a fee not to exceed the statutory fee set forth herein. The Animal Warden shall cause all dogs so impounded to be properly fed and cared for while in the Pound. (c) It shall be the duty of the Animal Warden to pay all moneys collected by him under the terms of this Ordinance to the City Secretary, who shall in turn deposit these funds in the City's general fund. SECTION VI. VICIOUS DOGS PROHIBITED IN PUBLIC PLACES: (a) It shall be unlawful for any person or owner in control of any vicious or dangerous dog to keep or permit the same in or about any public place, street or alley in this City whether or not said animal is on a leash. SECTION VII. QUARANTINING OF DOGS EXPOSED TO RABIES: Any dog that has rabies or symptoms thereof or that is suspected of having rabies or that has been exposed to rabies, shall be at once placed in the care of the Animal Warden for disposal and at his discretion to either be con- fined in a veterinary hospital approved by the City Manager or immediately securely confine said animal by tieing with chain or rope of good quality and kept at a designated place under the supervision of a licensed veterinarian for a period of not less than ten (10) days. SECTION VIII. PROCEDURE WHEN ANIMALS HAVE BITTEN OR INJURED PERSONS: (a) 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 of 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 section shall be released to any person until the City Manager or his designate has re- ceived 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, such dog has been given any and all vaccinations required under the provisions of this chapter and has been duly licensed and is currently licensed under the provisions of this chapter. In the event any veterinarian confines any animal under the provisions of this section, 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. (b) The owner of any animal confined pursuant to this section in the facilities used by the City of Round Rock,Texas, for the impoundment of animals, shall be liable to the City of Round Rock in the amount of the impoundment fees and feeding and care fees charged the owner of any similar animal im- pounded pursuant to the provisions of this chapter, and any animal so confined pursuant to this section shall be handled and disposed of in the same manner as any animal which is so confined because of being found at large within the City. No animal so confined pursuant to this section shall be released to any person until all impoundment and feeding and care fees have been paid. (c) Should any owner or keeper of any animal which has bitten or scratched a person within the City of Round Rock, and as to which the above described affidavit has been presented, fail or refuse to allow the impoundment of such animal pursuant to this section, or attempt to interfere with such impoundment, the City Manager or his designate, or the appropriate employee of the City of Round Rock, may use reason- able means to accomplish such impoundment. Further, any 8 owner or keeper of such an animal who does so fail or refuse to permit such impoundment, or attempt to interfere with such impoundment, shall be liable in an action at law or in equity brought by the City of Round Rock, or by the person so bitten, or his parent or guardian, for any appropriate re- lief which is afforded by law. (d) It shall be unlawful for any person owning or keeping an animal which has bitten or scratched a person, as to which animal the above described affidavit has been presented, to fail or refuse to comply with the provisions of this section, or to interfere with or attempt to interfere with the impoundment provided for herein, and each day of such failure or refusal or interference or attempted inter- ference, shall constitute a separate offense. The immediately preceding penal provisions shall be cumulative of, and not in lieu of, any other remedies which may exist at law or in equity. SECTION IX: NO DOG ALLOWED IN PLACE WHERE FOOD IS SOLD OR SERVED: No owner of any dog 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 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(cnsumption within the corporate limits of the City of Round Rock, Texas. SECTION X. FINES: Any person violating any .provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding $200.00. SECTION XI. Ordinance No. 207 and all other existing ordinances pertaining to the control of dogs in the. City of Round Rock, Texas, and parts of such ordinances in conflict with this ordinance are hereby repealed insofar as they may be incon- sistent with the terms of this Ordinance. . SECTION XII. POSSIBILITY OF UNCONSTITUTIONALITY: If any section, sub -section, sentence, clause phrase or word of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION XIII. EFFECTIVE DATE: In order to afford all owners sufficient time to meet the requirements set forth herein this Ordinance shall take effect on February 1, 1974. PASSED AND ADOPTED this the 6th day of December, 1973. GARFIELb McCONICO, Mayor Pro Tem in the absence of Ray Litton, Mayor, City of Round Rock, Texas. ATTEST: "t 414 SECRETARY