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Home My WebLink AboutOrdinance - 1567-1954 - Prohibiting Dogs From Running At Large On Public Or Private Property. - 05/18/1954Copy 6-10-54 to City Atty Chief of Police, Lynn Andrews u • ! • f os-t <o -· ISJ5 4-- . · ORDINANCE NO. 1267 · 05--;J.-=t -I S>Sll AN ORDINANCE PROHIBITING DOGS FROM RUNNING AT rARGE ON PUBLIC OR PRIVATE PROPERTY; DEFINING TERMS' PROVIDING FOR LICENSING AND VACCINATION OF DOGS; PROVIDING FOR THE WEARING OF COLLAR WITH TAGS ATTACHED; PROVIDING FOR IMPOUNDING OF DOGS; PROVIDING FOR NOTICE OF IMPOUNDED LICENSED DOGS; PROVI- DING FOR RELEASE OF DOGS IMPOUNDED UPON PAYMENT OF FEES; PROVIDING FOR THE SALE OR DESTRUCTION OF DOGS NOT REDEEMED; PROVIDIN"G FOR REDEMPTION OF DOGS SOLD; PROVIDING FO.ll RECORDS; PROVIDING FOR VICIOUS DOGS; PROVIDING FOR INSPECTION; PROVIDING FOR UNCONSTITUTIONALITY; REPEALING CERTAIN ORDINANCES; PRO- VIDING FOR CUMULATION OF CERTAIN .ORDINANCES; AND PROVIDING PUBLICATION. WHEREAS, the City Commission finds that the public health and welfare of the City of Lubbock is endangered by the r ·unning at large of unVflCCinated dogs, which creates conditions leading to rabies epidemics; and, WHEREAS, the running at large of all dogs ha~resulted in the destruc- tion of untold dollars t worth of private property; and, ' _ WHEREAS • dogs running at large are responsible for the injury of many of the inhabitants of the City of Lubbock and thus detrimental to public welfare; and, WHEREAS, the City of Lubbock has no adequate ordinances regulating the running at large of dogs within the city, and it has come to the attention of the governing body that dogs are being Jtept within the city limits in tt manner which is dangerous and disturbing to the residents of the City of Lubbock; and the City Commission deems the following ordinance provisions necessary in the public interest; T HERE F 0 R E , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY QF LlJBBOCK: SECTION 1. Definitions. 11Dog11 shall for the purposes of this ordinance mean both the male and the female. "At large" shall for the purposes of this ordinance be intended to mean ( 1) not under the control of the owner either by a leash, chain, cord or other suitable material attached to a collar or harness; or {l) not restrained securely within an enclosure or fence. "Owner" shall for the purposes of this ordinance be intended to mean any person, firm or corporation owning or keeping or harboring or having control of, or custody of, a dog. SECTION z. It shall be unlawful for any person owning, or having control over, or having custody of any dog to permit or allow such dog to run or be at large upon any public highway, street, alley, court, square, park, sidewalk or any other public grounds or public property within the corporate limits of the City of Lubbock. u P. 2. SECTION 3. ·It aba.ll be unlawful for any person owning, or having con- trol over, or having custody of a.ny dog, to permit or allow such dog to run or be at large upon any unfenced lot, tract or parcel of land within the corporate limits of the City of Lubbock. ' J' SECTION 4. There is hereby levied upon each and every dog more than six (6) months of age; which is kept, harbored or maintained by the owner thereof in the corporate limits of the City of Lub~ck, an annual license fee of One Dollar ($1), which license fee is du.e before the 1st day of April of each year for which it is. paid. Dog licenses shall be issued by the City Tax Collec- tor upon payment of the license fee and application made upon printed forms provided for such purpose, which application shall state the name and address of the owner or keeper of such dog and the name, breed, color and sex of the dog being lie ens ed. Upon payment of the license fee, the Tax Collector shall issue to the owner a license certificate and a metalic tag for each dog so lic;:ensed. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. The C.ity Tax Collector shall not issue any license or license tag for any dog until the owner or person in charge of such dog shall have obtained and presented to such Tax Collector a certificate from a. veterinarian, licensed to practice veterinary medicine in the State of Texas,_ that such dog has been vaccinated for rabies during the calendar year for which the license is applied for. Dog license tags shall not be transferable from one dog to another and it ,shall be unlawful for the owner or person having control over or custody of any ..:dog to transfer such license tag from the dog for which such tag was issued to any other dog. No refunds shall be made on any dog lic-ense fee because of death of the dog or the owner's leaving the city before the expiration of the license period. SECTION 5. It shall be unlawful for any per son to maintain or keep a dog more than six (6) months of age on any premises within the corporate limits of the•City of Lubbock unless such dog wears a collar or harness securely attached to its body to which shaU be securely attached a tag issued for said dog by a licensed veterinarian, licensed to practice veterinary medicine in the State of Texas, showing that the dog has been, within the ourrent calendar year, vaccinated against rabies, and also securely attached to said collar or harness a license tag sbGwing said dog has been licensed by the ~ax ColleCl9r of the City of Lubbock for the current year. The provisions of this section shall not apply to dogs six (6) months or less of age. SECTION 6. It shall be the duty of the animal warden or any of his deputies or any City policeman while on duty, to seize and impound, subject to the provisions of this ordinance, all dogs found running at large upon any pub• lie highway, street, alley, court, sqy.are, park, sidewalk or any other public g-rounds or public property within the corporate limits of the City of Lubbock, whether in the immediate presence of the owner or custodian or otherwise. SECTION 7. It shall be the duty of the animal warden or any of his deputies or any City policeman while on d~ty$ to ·seize and impound, subject to t P. 3 the provisions·of·thls ordinance, all dogs found running at large upon any unfenced lot, tract or parcel of land within the corporate limits of the City of Lubbock, whether in the immediate presence of the owner or custodian or otherwise. and such ani.inal warden, deputy or' City policeman is hereby auth- orized to enter upon any Wlfenced lot, tract or parcel of land for the purpose of seizing and impounding any dog running at large thereon. SECTION 8. Any person may take up and deliver to the public pound any dog which the animal warden is by the provisions of this ordinance required to impound. SECTION 9. .Any ddg found trespassing or running at large on any pri .. vate property ma.y·be taken up by any person and delivered to the pound keeper. I Every person other than a police officer or the animal warden or his deputies that takes up any dog under the provisions of this ordinance shall ~ im.mediately thereafter give notice thereof to the animal warden, and every such person, or any person in whose custody such animal may in the tneantim.e be placed, shall deliver sach dog to the animal warden without fee or c'harge, and the animal warden shall thereupon hold and· dispose of such animal as though such animal had been found running at large and impounded by him .. SECTION 10. The animal warden or his designated deputies, upon receiv- ing any dog, shall tnake a complete registry, entering the breed, color and sex of such dog and whether licensed and the place artd time of taking into custody. If licensed he shall enter the naD'le and addTess of the owner and the number of the license tag. Licensed dogs shall be kept separated from unlicensed dogs. SECTION 11. After the im:L)ounding of any licensed dog, if not redeemed within six (6) days from the date of impounding, said dog shall be disposed of by sale or destruction. SECTION lZ. If there is no license tag for the current year attached to any dog impounded and such dog has not been redeemed by its oWner within seventy-two (72) hours from the time of impounding such dog, such dog shall be destroyed or sold as hereafter provided. SECTION 13. The owner of any licensed dbg impounded may redeem such dog at any time prior to sale or destruction by the paym•ent of One ~ollar {$1} impounding fee and One E>ollar ($1} per day for each day such dog shall have been impounded. SECTION 14. The owner· of any unlicensed dog impounded may redeem such dog at any time prior to sale or destruction by having such dog duly licensed, vaccinated against rabies, and the payment of Two Dollars ($ZI , impounding fee and One Dollar ($1) per day board fee for each day such dog shall have been impounded. · SECTION 15. It shall be the duty of the animal warden to keep all licensed dogs for a period ·of six (6) days from the date of the impounding. If at the expiration of six (6) days such dog has not bee n redeemed by the owner, it shall be sold or destroyed. SECTION 16. It shall be the duty of the animal warden to keep all unlicen- sed dogs for· a period of three (3) days. If, at the expiration of three (3} days from• the date of impounding. such ·dog has not been redeemed, it may be destroyed or sold as herein provided. r: L_ l". 4 SECTION 17. At any time after the expiration of the period of time for ~ -· redemption for impounded dogs shall have expired. the animal warden may, without further notice and without advertising in any manner, sell at private sale or public auction. for cash, any dog not redeemed or reclaimed. All dogs impounded and not redeemed, reclaimed or sold after the period of time for redemption has expired, shall forthwith be destroyed by the animal warden. SECTION 18. The owner of any dog at the time it is impounded may, within thirty (30) days after such dog is sold, redeem the same from such pur- chaser by paying to him. the am.ount of the purchase price paid by him to the animal warden, and in addition thereto the licensing fee and vaccination charges. if any were incurred, and in addition thereto a charge of One Dollar ($1) per l day for the number of days from the date of sale to the day of redemption. At the end of thirty (30) days from the day a dog is sold, the right to redeem shall expire. SECTION 19. The aninu\1 warden shall keep necessary records as are required to show in detail the disposition of all animals impounded artd the money coll.ected by him and such other rec0rds as are required"by the City Auditor. All money collected shall be delivered as required by the City Auditor, who will deposit same in the general fund. SECTION ZO.· The animal warden shall file such reports under oath as are required by the City Auditor or City Commission. SE.CTION Zl. If any dog within the City of Lubbock shall bite, scratch or otherwise attack any person, and the person so attacked wasnot at the time trespassing upon the property of the owner or person having control of such dog, or if it cannot be proved beyond a reasonable doubt that the pers0n so attacked was prctvoking or teasing such dog, the Corporation Court of the City of Lubbock shall have the anthority to order and hold a hearing. and if such Court shall determine at such hearing that such dog is vicious or dangerous to persons or other animals, the ·Court may order that such dog be kept muzzl:ed, or that such dog be kept within a sufficient enclosure. or that such dog be delivered to the animal warden and by him destroyed. SECTION ZZ. Any owner who shall maintain or keep a dog more than six (6) months 'Of a<ge on any premises within the corporate limits of the City of Lubbock which has not been licensed and vaccinated as required by this ordin- ance, shall be guilty of a misdemeanor and shall be fined any sutn-not to e1ceed Two Hundred Dollars ($200). SECTION 23. Any person who shall interfere with or attempt to prevent the animal warden or any of his deputies or any City policeman, from catching or impounding any dog running at large, whether on public or private property. shall be guilty of a misdemeanor and shall be fined any sum not to exceed Two Hundred Dollars "{$ZOO). SECTION 24. Any person who shall refuse to deliver any unlicensed or unvaccinated dog to the animal warden ()r any of his deputies or any'City police- man upon demand for impounding, sJ:ta.ll be guilty of a misde:rnaanor and shall be fined any sum not to exceed Two Hundred Dollars ($ZOO). SEC.TION Z5. Any owner·, keeper or .custodian of a dog who shall allow s.uch dog to run 11at large, 11 as such term. is here_in defined. whether on public or 0 P. 5 private properly, shall be gu~lty of a misdemeanor and shall be fined in any swn not to exceed Two Hundred Dollars {$ZOO}. SECTION Z6. The animal warden or his authorized deputies shall have the right at any reasonable tim.e to inspect any dog to determine if said dog is licensed and vaccinated as required by this ordinance and shall have the auth- ority to enter any premises for such purpose, and it shall be unlawful for any person to refuse entrance to such animal warden or his deputies or to impede, obstruct or exclude such an:iin..al warden or his deputies when attempting to enter such premises for the purpose of inspecting such dog, and any person who shall refuse entrance or impede or ob,truct such animal warden or deputy shall be guilty of a misdemeanor and shall be -fined in any sum not to exceed Two Hundred Dollars ($ZOO}. SECTION a-7. 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 ol"dinance. SECTION 28. Ordinances Nos. 1ZZ4, 371., 174, 367 and 9 are hereby specifically repealed and the City Secretary is authorized to so note in the margin of the ordinance boQks that such ordinances have been repealed. SECTION 1.9". This ordinance is cum~dative of any and all other ordin- ances relating in any manner to dogs except those ordinances specifically repealed herein. This ordinance shall in nG manner be construed as limiting or repealing or conflicting with Ordinances Nos. 904 and 918 or any amend- ments thereto. • SECTION 30. __ This ordinance shall become effective the 1st day of August, 1954. SECTION 31. This ordinance shall be published in full in the manner provided by the City Charter. AND IT IS SO ORDERE-D_:, On motion of Com.:m.issioner _......,;;B~ak~e ... r...._ _____ • secon~ed by Commis- sioner ___ · ,;;.F~o=-rr:..e;::;;s~t.:..----, this Ordinance was passed on first reading this IS day of __ Ma__.,)r ___ , 1954, by the following vote: Commissioners voting "YEA": Baker, Carpenter, Forrest and Thomas l'Jayor Tripp Comxnissioners voting "NAY11: None ·On m ·otion of Commissioner ___ r_o_rr_e_s_t _____ -, seconded by Commis- sioner -==--.._T_h_o_ma_s ______ , this Ordinance was passed on second reading~ thi~ }.7 day of _Ma_y;..... ____ • 19 54, by the following vote: Commissioners voting "YEA11 : Baker, Carpenter, Forrest, Thoma s and Mayor Tripp· ..... ,.,. c P. 6 Commis•ioners voting ''NAY'1: "' None On motion of Commissioner ___ __.T~o.~h.&~~oi.IIMID.IIL-----, seconded by Com- missioner ----'C ... •wrp~eOL:nu.t~~:e~.~:r:.....-----, this Ordinance was passed on third reading this 10 day of _ __.J~.~une~~~~o~~~. ___ , 1954, by the following vote: Com.missioners voting 11YEA.": Carpenter, Thomas and Mayor Tripp Com.miasioners voting 11NAY1 : None SG:sv 5-19-54 .. 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