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17 - ANIMAL CONTROL ORDINANCEItem No. 17 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: ANIMAL CONTROL ORDINANCE DATE: July 27, 2015 BACKGROUND: We typically rely on the state's statutes regarding animal control and dangerous dogs. However, many other municipalities also utilize local ordinances that provide a quicker more effective means to address aggressive, dangerous, and /or vicious dogs. STATUS OF ISSUE: Our ordinance was originally written in 1970, so it is probably time to update how we handle certain situations. Our current process, though generally adequate, tends to allow one "free bite." BUDGET: NA RECOMMENDATION: Discussion only. ORDINANCE NO. 1913 AN ORDINANCE PROHIBITING ANIMALS RUNNING AT LARGE WITHIN THE CITY OF PARIS, TEXAS; PROHIBITING NOISY ANIMALS; PRESCRIB- ING SANITARY CONDITIONS; DECLARING A NUISANCE; PROVIDING FOR THE IMPOUNDING OF ANIMALS RUNNING AT LARGE; PROVIDING PROCE- DURE WHEN ANIMALS BITE OR SCRATCH PERSON; PROVIDING FOR POUNDAGE FEES; PROVIDING FOR DESTRUCTION OF ANIMALS; PROVIDING FOR SALE OF DOGS AND CATS IMPOUNDED; PROHIBITING CRUELTY TO ANIMALS; PROVIDING FOR SALE OF LIVESTOCK IMPOUNDED; REGULATING STAKING AND GRAZING; REGULATING HARBORING OF LIVESTOCK, HOGS OR SWINE, FOWLS, GUINEA PIGS AND RABBITS; PROVIDING FOR RESTRAIN- ING OF DOGS; PROVIDING FOR .VACCINATION OF DOGS; PROVIDING FOR DISPOSITION OF DOGS RUNNING AT LARGE; PROHIBITING DANGEROUS ANIMALS; PROVIDING FOR A FINE NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1969. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. Running at large prohibited. It shall be unlawful for any person owning or keeping any animal to suffer or permit such animal to run at large upon the public streets, avenues, alleys,parks or other public property of the city, or to suffer or permit any animal to run at large or go upon the premises owned or in possession of any other person in the city. The term "animal ", as used in sections 1 through 9 shall also include, and such provisions shall also apply to, fowl and reptiles, and the term may be used inter- changeably. Section 2. Noise prohibited. No person shall wilfully or knowingly keep or harbor on his premises any animal that makes or creates loud and obnoxious noises by whatever method created, thereby disturbing the peace of the neighborhood or disturbing the occupant of adjacent pre- mises or people living in the vicinity of such loud and obnox- ious noise. A person shall be deemed to have wilfully and knowingly violated the terms of this section if such person shall have been notified by the chief of police, animal control officer or any police officer of such disturbance and shall have re- fused for a period of twenty -four (24) hours to correct such disturbance and prevent its recurrence. Section 3. To be maintained in sanitary condition. It shall be the duty of every person raising, owning or keeping any animal to keep such creatures and their abodes in a sanitary condition so that such animal, or the place where such creature is kept, shall not emit foul and offensive odors of sufficient strength to be detected on any adjoining property. Section 4. Nuisance. It is hereby declared to be a nuisance for any person to maintain any of the places mentioned in section 3 in such a manner that such places are not free from foul and offensive odors of sufficient strength to be detected on any adjoining property. Section 5. Impounding animals. Any animal running at large or violating any provision of this ordinance in the city limits shall be impounded in the city pound by the animal control officer or any police officer. If any of the animals named in this ordinance are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal until he can notify the chief of police or animal control officer to come and impound such animal; provided the same is done in a reasonable time. When so notified, it shall be the duty of such officers to at once cause such animal to be impounded as herein provided. The city manager shall select and establish a place for impounding all animals impounded under any provision of this ordinance. Section 6. Procedure when animals bite or scratch person. It shall be the duty of any person owning or having charge of any warm blooded pet which may have bitten, clawed or scratched any persons to have such warm blooded pet confined by a licensed veterinarian for a period of ten (10) days, and, if for any reason the warm blooded pet is not so confined by the owner or other person keeping the same, the animal control officer shall impound such pet for observation. If, at the ex- piration of the ten (10) days, the health of the creature is satisfactory, the creature may be released upon the payment of all expenses incurred by such confinement and compliance with all provisions of this ordinance. In the alternative, at the discretion of the chief of police, any creature subject to the provision of this section may be confined for the required period of time by the owner or keeper of such creature under the supervision and direction of the chief of police or a li- censed veterinarian, provided that the permission hereby granted to keep a creature may be revoked at the discretion of the chief of police. If permitted to be confined by the owner, the owner shall cause a licensed veterinar:ia -n to inspect such animal a minimum of four (4) times during the ten (10) day period, at the expense of the owner or keeper of the animal, and at the end of the ten (10) day period of confinement, the owner shall forthwith furnish the chief of police with a written statement from a li- censed veterinarian certifying as to the state of health of the animal involved. Livestock, such as horses, cows, sheep, goats and pigs, are expressly excluded from the provisions of this section. Section 7. Poundage fees. The following shall be the fees charged as poundage for the impoundment of animals under section 5: (1) For impounding horses and cattle, per head ...,.$20.00 (2) For care of horses and cattle, per head per day. 5.00 (3) For impounding animals, per head ................ 10.00 (4) For care of animals, per head per day............ 2.00 (5) Impounding fee on dogs or cats per head......... 5.00 (6) For taking care of dogs or cats per head per day 1.00 (7) For newspaper advertisement ........the actual cost as determined from time to time. No animal impounded by virtue of this ordinance shall be released to the owner until all such costs and fees have been paid and until the person applying for the release of such animal shall have signed an affidavit to the (ffect that he is the owner of said animal and entitled to possession thereof. The owner of any animal impounded under this section may redeem his property as follows: (1) Before sale: By paying the poundage fees, together with the cost of advertising, if any, and providing evidence of prepayment for vaccination as provided in section 19 herein. (2) After sale: By paying to the purchaser double the amount paid by him for such animal or animals, and his reasonable expenses for keeping the same, pro- vided the owner so redeems the animal within ten (10) days after the date of sale; otherwise the animal shall become the absolute property of the purchaser. Section 8. Destruction of animal. Any animal impounded under any section of this ordinance may be killed by the animal control officer, the police or any other employee of the city after it has been ,impounded for a period of seventy -two (72) hours. The city shall not be re- sponsible or liable for any animal picked up for any vitiation of any provision of this ordinance and any injury to or death of any animal impounded under this ordinance shall be deemed to be the direct result of the owner's negligence or wilful dis- obedience of this ordinance. Section 9. Sale of dogs and cats impounded. The chief of police may sell impounded dogs and cats for cash, after same have been impounded for three (3) days. Section 10. Cruelty to animals. It shall be unlawful for any person to cruelly maltreat any dumb animal in the city; or to wilfully and wantonly kill, maim, wound, disfigure or poison any horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or beast of any kind; or to mutilate, cruelly kill, over - drive, over -ride or overload, or unnecessarily confine, or in any manner oppress the same; or to unnecessarily fail to provide the same with proper food, drink or shelter; or to drive, work or use the same when such animal is maimed, wounded, sick, lame or otherwise unfit for labor; or to wilfully abandon the same to die; or to carry or to cause the same to be carried, hauled or forced along in a cruel or inhuman manner; or to leave any animal tied up or confined anywhere, day or night, for more than six (6) hours at a time without properly feeding, watering and caring for the same. This section shall not be construed to prevent animal control officers, policemen "or other persons from killing dogs or other animals when lawfully entitled so to do. Section 11. Sale of livestock impounded. The term t1livestock ", as used in this ordinance, shall mean horses, mules, jacks, jennies, donkeys, cows, cattle, sheep, goats or similar animals. Upon impoundment of livestock, the chief of police shall within three (3) days after such animal has been impounded post three notices, one at the County Courthouse, one at the City Hall and one at the place where such animals shall be impounded, giving therein a full description of such animals, which date shall not be less than five (5) days from the date of the post- ing of such notice, and any such animals shall be sold at public auction to the highest bidder for cash. Upon the consummation of any such sale, the chief of police shall pay over such monies to the city clerk, from the proceeds of which the City of Paris shall collect poundage and care fees as prescribed in section 7 herein. After deducting the fees and charges for impounding, keeping and selling each such animal, the City of Paris shall pay over the balance of the proceeds of such sale, if any, to the owner thereof upon request from said owner at any time within six (6) months after the date of any such sale. The owner of any animal impounded may reclaim the same from the city at any time before sale by paying all fees and expenses of tak- ing up and keeping such animal. In the event that there are no bidders or buyers of and for any such animal at any public auc- tion held in accordance with and pursuant to the foregoing pro- visions, the chief of police shall have the authority and right to order and direct the immediate destruction of any such animal by any humane process and to make the necessary arrangements for the destruction of the dead carcass by any means. Section 12. Staking and grazing. It shall be unlawful for any person to stake any live animal for the purpose of grazing upon or within reach of any public street, sidewalk or park within the limits of the City of Paris. Section 13. Harboring of livestock. From and after the effective date of this ordinance, it shall be unlawful for any person, firm, corporation or association of persons to maintain, own or control any premises within the city limits of the City of Paris where more than an aggregate of two head of the animals mentioned in Section 11, above, are kept or harbored in one enclosure. "One Enclosure", as that term is used herein, shall be held to mean any and all connected build- ings, whether under one roof, or otherwise, and buildings and sheds which may have entrances to the same or adjoining lot or lots, and lots, adjoining lots or lots with a gateway or other opening between them. Provided, however, that in cases where any ttOne Enclosure", as that term is herein used and defined, embraces an aggregate or more than one -half acre of land, for each one -half acre embraced in such enclosure in excess of one - half acre one additional head of the animals mentioned in Sec- tion 11, above, may be kept or harbored in such enclosure. Pro- vided, however, every horse, mule, jack, jenney, cow, cattle, sheep, goat or similar animal shall be kept within a suitable pen or enclosure, every part of which shall be situated not less than fifty (50) feet from any inhabited dwelling; provided, that this distance requirement shall not apply to the dwelling of the owner of any such animal or animals. Section 14. Packing house, auction or commission sale barn excepted. The provisions of this ordinance shall not be construed to prohibit any person, firm, corporation or association of persons engaged in operating any packing house, auction or commission sale barn, or other similar institution, located within a pro- perly zoned area as designated and defined by the zoning ordi- nance and zoning map of the City of Paris, from keeping on the premises of such place of business or other institution, any number of the animals mentioned in Section 11, above, for tem- porary periods of time, not to exceed seven (7) days, awaiting their use in connection with the operation and maintenance of such packing house or similar institution or their sale at such auction or commission sale barn; nor shall the same be construed to prohibit any person, firm or corporation from keeping more than two such animals at such place of business or institution, for a temporary period of time, not to exceed a maximum of thirty (30) days, for experimental, demonstration or exhibition pur- poses only; provided, however that any such person, firm or cor- poration keeping or harboring such animals for such temporary periods of time for the purposes mentioned in this section shall and must strictly comply with the provisions of Section 13, above. Section 15. Hogs or swine. It shall be unlawful for any person, firm, corporation or association of persons to keep, raise or harbor hogs or swine within the corporate limits of the City of Paris. This section shall not be construed to prohibit any person, firm, corporation or association of persons engaged in operating any packing house, auction or commission sale barn, or other similar institution, located within a properly zoned area as designated and defined by the zoning ordinance and zoning map of the City of Paris, from keeping hogs or swine at such place of business for a temporary period of time, and not to exceed a maximum of seven (7) days, awaiting their use in connection with the operation and maintenance of such packing house, auction or commission sale barn or similar institution, or their sale at such auction or commission sale barn; nor shall the same be con- strued to prohibit any person, firm, corporation or association of persons from keeping hogs for a temporary period of time in a pen or other enclosure located upon a properly zoned area as designated by the zoning ordinance and zoning map of the City of Paris, for experimental, demonstration or exhibition purposes only; provided, however, that any such person, firm, corporation or association of persons keeping hogs or swine for a temporary period of time for the purposes mentioned in this section shall and must strictly comply with all the requirements and provisions below. M All pens and enclosures wherein hogs or swine are kept in an area properly zoned for one of the purposes mentioned above, shall be maintained and kept in such a manner as not to become unsani- tary, offensive or disagreeable to persons engaged in business or residing in the vicinity thereof, nor shall be so maintained as to breed flies or in any manner cause any injury to the health of the public or any person doing business or residing in the vi- cinity of said pen or enclosure. Section 16. Harboring of fowls. It shall be the duty of every person raising or keeping chickens, turkeys, geese, guineas, ducks, pigeons or other fowl, to keep them in a pen, coop or enclosure, every part of which shall be situated notless than fifty (50) feet from any inhabited dwelling; provided, that this distance requirement shall not be applied to the dwelling of the owner of any such fowls. Section 17. Harboring of guinea pigs and rabbits. It shall be unlawful for any person,firm or corporation, raising or keeping any guinea pigs or rabbits on any property within the corporate limits of the City of Paris, to keep or harbor any such guinea pigs or rabbits in any pen, coop,lot or other enclosure, any part of which is located within fifty (50) feet of any inhabited dwelling; provided, that this distance requirement not be applied to the dwelling or residence ofthe keeper or owner of any such rabbits or guinea pigs. Section 18. Restraining of dogs. Every person within the city raising, owning or keeping any dog shall confine said dog to the premises of the owner or person controlling him. The dog shall be confined by a fence or wall and shall be kept within the enclosure unless accompanied by a responsible person and restrc-dned by a leash, rope or tether in the hands of said person. Section 19. Rabies protection; vaccination of dogs. All dogs within the city limits shall be immunized annually against rabies by means of an antirabies vaccine approved by the director of public health and administered by a duly licensed veterinarian. Every veterinarian who vaccinates any such animal within the city limits shall issue a certificate of vaccination to such owner and a copy to the city clerk, stating the name of the owner, the address of the owner, description of the dog, the date of vaccination, the number of the rabies vaccination tag and the kind of vaccine used. Upon vaccinating each dog, the veterinarian shall furnish the owner of such animal a metal tag on one side of which is stamped the words "rabies vaccine ad- ministered" or a similar phrase, and the vaccination tag number and date of vaccination, which tag at all times shall be securely attached to a collar around the neck of the animal, or harness around the neck and body of the animal. Section 20. Authority to dispose of dogs running at large. After making a diligent attempt to capture any dog found running at large, if the animal control officer or any police officer is unable to capture such dog, then he is authorized to kill such dog wherever found. If the animal control officer or any police officer believes there is danger to any person from any dog running at large, the officer is authorized to kill such dog at once. Section 21. Dangerous animals prohibited. No person, firm or corporation shall maintain any bears, lions, foxes, wildcats, jaguars, cheetahs, bobcats, wolves, jackals, leopards, hyenas, rats or any other wild animals, which may be considered dangerous by the chief of police, within the city. The only exception to this section shall be upon authorization of the city manager approving a temporary permit for a specific period of time for which the charge for such a permit shallbe set at a minimum of $5.00. Section 22. Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two Hundred ($200.00) Dollars, and each and every day's violation shall constitute a separate and distinct offense. Section 23. Repeal of conflicting ordinances. Ordinance No. 1194, passed by the City Council on the 23rd day of May, 1949; Ordinance No. 1240, passed by the City Council on the 11th day of June, 1951; Ordinance No. 1286, passed by the City Council ors the 25th day of May, 1953; Ordinance No. 1295, passed by the City Council on the 13th day of July, 1953; Ordinance No. 1378, passed by the City Council on the 31st day of May, 1956; Ordinance No. 1575, passed by the City Council on the 12th day of February, 1962; and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 24. Saving clause. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such uncon- stitutionality or invalidity shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any un- constitutional or invalid phrases, clauses, sentences, para- graphs or sections. Section 25. Effective date. This ordinance shall become effective on August 1, 1969. Passed and adopted thisl4th day of July, 1969. Lw Kennedy,- Mayo ATTEST H. C. Gre J e, �CityClerk AP ROV TO FORM: T. K. Haynes, City Attorney o- o.,..� /�.t. gig ORDINANCE NO. 2011 -003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 5 -2, RUNNING AT LARGE OR WALKING UPON DESIGNATED WALKING TRACKS AND OTHER PUBLIC PLACES IN THE CITY OF PARIS PROHIBITED, OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 5- 2 TO DESIGNATE THE TRAIL DE PARIS AS A DESIGNATED PUBLIC PLACE WHERE THE WALKING OF DOGS ON LEASHES IS PERMITTED; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Trail de Paris is now a part of the parks of the City of Paris and therefore, fall under the same ordinances, but require clarification within certain sections of the Code of Ordinances; and WHEREAS, the City Council of the City of Paris hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Sec. 5 -2, Running at large or walking upon designated walking tracks and other public places in the City of Paris prohibited of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows and all remaining subsections to be renumbered accordingly: "Sec. 5 -2. Running at large on public property or on the private property of another person; dogs prohibited at certain public places. (a) It shall be unlawful for any person owning or keeping any animal to suffer or permit such animal to run at large upon the public streets, avenues, alleys, parks or other public property of the City, or to suffer or permit any animal to run at large or go upon any premises owned or in the possession of any other person in the City. (b) It shall also be unlawful for any person to walk, suffer, or permit any animal to walk or to run, with or without a leash, rope, chain, tether, or harness, upon any public property, public parks, ball fields, sports complexes, swimming pool areas or recreation centers in the City of Paris. Provided, however, this prohibition does not bar the walking of dogs on the Trail de Paris or the Dragon Park Walking Trail as long as the dog is properly restrained on a leash or harness." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. The repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. It is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. Any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of 7 ayes and 0 nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 14th day of February, 2011. At Will Biard, Mayor ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. 4Mcllyar, . Attorney