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HomeMy WebLinkAboutOrdinance - 9485-1991 - Amending Chapter 4 Code Of Ordinances Keeping Animals In The City Limits - 10/10/1991Rev. 11/15/91 DGV:da First Reading October 10, 1991 Item #16 Second Reading November 14, 1991 Item #12 ORDINANCE NO. 9485 ------- AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to protect their health, safety and welfare by enactment of a comprehensive animal control ordinance; and WHEREAS, the recent enactment by the Legislature of a new Health and Safety Code, which includes a title dealing with the health and safety of animals, as well as recent additions to the Texas Penal Code with regard to animal treatment and vicious dogs, require modification of the present City regulation of animals; and WHEREAS, local conditions require additional regulation with regard to rabies control and other matters pertaining to public health and safety which are consistent with said new state laws; and WHEREAS, the City Council hereby exercises its authority under Arti- cle 11, Section 5, of the Texas Constitution as a home rule city to enact regulations not inconsistent with the general laws of the State of Texas in the interest of the health, safety and welfare of the citizens of the City of lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 4 of Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: CHAPTER 4 ANIMALS ARTICLE I. IN GENERAL. Section 4-1. Definitions. For the purposes of this Chapter, the following terms, phrases and words and their derivations shall have the following meanings: Animal means any living creature except human beings classified as a member of the Kingdom Animalia and including, but not limited to, mammals, birds, reptiles and fish. Animal Control Facility means an establishment operated by the City of Lubbock for the temporary confinement, safekeeping and con- trol of animals which come into the custody of the City of Lubbock. Animal Establishment means any facility or business that has custody or control of animals within the City of Lubbock including, but not limited to, pet shops, pet grooming facilities, animal auc- tion facilities or kennels, but not including veterinary or medical facilities, research facilities licensed by government agencies or facilities operated by government agencies unless such facilities or government agencies sell, groom or board animals for profit. Animal Dealer means any person, partnership or corporation engaging in the business of buying, selling or trading animals for profit to others. This definition does not include individual sales of animals by private owners to other private owners. Assistance Animal means any animal trained to assist a handi- capped person. At Large means an animal (other than a house cat) that is out of the fenced premises of the person owning, or having charge, custody or control of the animal and not under the immediate control of a person by means of a cage, leash, rope or other means of immediate effective physical control or restraint. The term shall not include animals being trained or exhibited while under the immediate physical or vocal control of a person. Auction means any place or facility where animals are regularly bought, sold or traded. This definition does not apply to individual sales of animals by private owners. City Enforcement Agent means the City of Lubbock Animal Control Supervisor, his authorized representatives, or a law enforcement officer. The Animal Control Supervisor shall be responsible for the enforcement of this Chapter and any regulations promulgated here- under, unless otherwise provided by law. Dangerous Animal means any individual animal which, because of its physical nature or vicious propensity, is capable of inflicting serious physical harm or death to human beings and would constitute a danger to human life or property; or any animal which has behaved in such a manner that the owner thereof knows or reasonably should know that the animal is possessed of tendencies to attack or to injure human beings or other animals; or any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human beings, animals or property upon the basis of ~easonable medical probability; or any animal that commits an unprovoked attack on a human being; or any animal that exhibits a repeated propensity to commit unprovoked attacks on other domestic animals. - 2 - 'I Department means the City of lubbock Health Department. Domestic Animal means any animal whose physiology has been determined or manipulated through selective breeding and which does not occur naturally in the wild and which may be vaccinated against rabies with an approved rabies vaccine and which has an established rabies guarantee observation period. Guard Dog means a dog trained and used in law enforcement, security or protective functions, responsive to control by its owner or handler and used only for authorized functions. Inhumane Treatment Df Animals means any treatment of an animal prohibited by Section 42.11 of the Texas Penal Code, Chapter 821 of the Health and Safety Code, or by any other provision of law, includ- ing federal, state and local laws, ordinances or rules. Kennels. commercial, for purposes of this Chapter only, means any establishment where a person, partnership or corporation keeps dogs or cats for the purpose of breeding, buying, selling, trading, showing, training or boarding such animals for profit. Owner means any person, partnership, corporation, association or legal entity that harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any animal. The occupant, owner or head of household of any premises where an animal remains for seventy-two (72) hours or more shall be rebuttably presumed to be the owner of such animal. Public Nuisance means the conduct of any owner in allowing an animal to: (a) engage in conduct which establishes such animal is a "dangerous animal;" (b) damage, soil, defile or defecate on private property other than the owner's or on public property unless such waste is immediately removed and properly disposed of by the owner of the animal; (c) be "at large• (excluding house cats); (d) cause a disturbance by excessive barking or noise making near the private residence of another; (e) produce odors or unclean conditions sufficient to annoy persons living in the vicinity; or (f) chase vehicles, or molest, attack or interfere with other animals or persons on public property. - 3 - Restraint means to control an animal by physical means so that it remains on the premises of the owner, or, when off the owner's premises, by means of a cage, leash, rope or confinement within an enclosed vehicle. Sterilized means an animal rendered incapable of reproduction. Vaccination means inoculation of an animal with a rabies vaccine that is licensed by the United Stated Department of Agriculture for use in that species and which is administered by a veterinarian for the purpose of immunizing the animal against rabies. Veterinary Hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treat- ment of diseases and injuries of animals. Wild Animal means any animal not normally considered domesti- cated which, because of its size, vicious nature or other natural characteristic would constitute a danger to human life, property or domestic animals, including, but not limited to, the following animals: (1) (2) (3) reptiles: venomous reptiles, crocodile or alligator; or birds: eagles, owls and any species illegal to own under federal or state law; or mammals: ocelots, lions, tigers, jaguars, leopards, cougars, wolves, dingoes, coyotes, jackals, weasels, martins, minks, badgers, raccoons, pandas, bears, kangaroos, opossums, sloths, anteaters, armadillos, monkeys, chimpanzees, gorillas, orangutans, porcupines, antelope, deer, bison and camels. Section 4-2. Penalties. Any person violating any provision of this Chapter shall be deemed guilty of a Class C misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000.00) as set by a judge or jury. Section 4-3. Enforcement. The City Enforcement Agent shall be responsible for enforcement of this Chapter, except as may be herein provided. Enforcement may be by the filing of a criminal complaint in municipal court or by civil proceedings to enjoin nuisances or in any other manner autho- rized by law. - 4 - I I I tl Section 4-4. Animal care generally. Animals shall be cared for, treated and transported in a humane manner and not in violation of Section 42.11 of the Texas Penal Code, Title 10 of the Health and Safety Code, or any other provision of law, including federal, state and local laws, ordinances and rules. In addition, a person commits an offense if: (a) a person other than a licensed veterinarian docks an animal's tail or crops an animal's ears; (b) a person sells, delivers, trades or barters a dog, cat or rabbit less than six weeks old; (c) a person dyes or colors chicks, ducks or rabbits; (d) a person sells, delivers, trades or barters chickens or ducks less than three weeks old in lots of less than 25 animals; (e) a person abandons or dumps any animal; (f) a person who is in control of a motor vehicle which strikes a domestic animal fails to report the accident to the City Animal Control Facility as soon as possible; (g) a person treats an animal in an inhumane or cruel manner as defined by Section 42.11, Penal Code and Chapter 821, Health & Safety Code; (h) a person causes an animal to fight another animal or person (This ordinance shall not be interpreted to restrict rodeos, 4H Clubs or FFA Club activities and operations); (i) a person fails to provide his animal with adequate wholesome food and water, proper shelter and protection from inclement weather and veterinary care when needed to prevent suffering; (j) a person, firm or corporation shall raise or kill a dog or cat for the skin or fur; (k) a person, firm or corporation shall not mutilate any animal, whether such animal is dead or alive (Medical or veterinary medical research, medical or veterinary medical autopsies, and biology class use of animals shall not be considered mutilation); (1) a person shall engage or allow another to engage in any sexual act with an animal; - 5 - ,, (m) a person allows a stray animal to remain on their prop- erty without notifying the City Animal Control Facility of such fact within twenty-four (24) hours; and (n) a person transporting an animal fails to effectively restrain such animal so as to prevent the animal from leaving or being accidently thrown from the vehicle during normal operation of the vehicle or fails to restrain the animal so as to prevent infliction of bodily harm to passersby. (o) a person who owns or is in control of an animal permits such animal to be at large within the City of lubbock. Section 4-5. Leaving animal unattended in vehicle. A person having charge or custody of an animal shall not place or confine such animal or allow such animal to be placed or confined in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health of the animal due to heat, lack of food or water, or such other circumstances as may cause injury or death of the animal. City Enforcement Agents finding an animal being held in violation of this provision may obtain a search warrant from a justice of the peace pursuant to Section 821.022 of the Health and Safety Code and may impound such animal pending a hearing. Section 4-6. Right of entry; search warrants. The City Enforcement Agent and city police officers are hereby authorized to enter upon any unfenced lot, tract or parcel of land for the purpose of capturing and impounding any animal running at large thereon, which authorization is granted due to the emergency created by the potential rabies hazard or danger of injury to persons and other animals and in recognition of the likelihood such animal will otherwise escape capture. Further, in the event the City Enforcement Agent has reason to believe an animal has been or is being cruelly treated or has rabies, he may obtain a search warrant from a justice of the peace and impound such animal even if it is enclosed on private property. Section 4-7. Interference with impounding officers. It shall be unlawful for any person to interfere with or attempt to prevent the City Enforcement Agent or any city police officer from capturing or impounding any animal running at large, whether on public or private property. - 6 - Section 4-8. Impoundment; redemption; disposition. (a) It is the duty of the enforcement agent to capture and impound such animals as are running at large or which are required to be impounded pursuant to other laws or ordinances and to accept any animal delivered to the animal control facility pursuant to the requirements of this Chapter. In addition, it is the duty of the enforcement agent to capture and impound house cats as well as other animals in response to citizen complaints or to control feral populations. (b) The City Enforcement Agent or his deputies upon receiving an animal for impoundment shall make a complete registry, including the species, breed, color and sex of such animal, whether it is licensed, and the time and place of taking custody. If the animal has been licensed, he shall.enter the name and address of the veterinary clinic, year and the number of the license tag. Licensed animals shall be kept separate from unlicensed animals. (c) If, by license tag, the owner of an impounded animal can be identified, the City Enforcement Agent shall, as soon as possible, notify the owner by telephone or mail. (d) Impounded, unlicensed animals shall be kept for not less than three (3) days, unless earlier reclaimed by the owner under acceptable conditions; and impounded licensed animals shall be kept for not less than ten (10) days, unless earlier reclaimed by the owner under acceptable conditions. However, no impoundment period is required for an animal voluntarily delivered to the animal control facility by its owner. (e) The animal control supervisor may dispose of impounded animals after the expiration of any required impoundment period by auction, humanely destroying the animal or offering it to a local animal humane group for adoption. (f) Any impounded licensed or unlicensed animal which appears to be suffering from serious injury or disease and which is in great pain and suffering and probably will not recover or which appears to have an infectious disease which is a danger to humans or to other animals in the opinion of the animal control supervisor, may be destroyed immediately by the animal control agent. In the event such an animal is licensed, the City Enforcement Agent shall attempt to notify the owner by telephone before taking action. (g) It shall be unlawful for a person to fail or refuse to deliver an unlicensed or unvaccinated animal to a City Enforcement Agent or police officer upon demand for impounding. - 7 - Section 4-9. Sale or destruction of impounded animals. (a) The City Enforcement Agent may sell impounded animals at a public auction for cash after any required impoundment period has passed without such animal being reclaimed by its owner. Notice of such public auction shall be given at least one week before such sale by publishing such notice in a daily newspaper published in the City of lubbock. In addition, animals being held pursuant to an order of a county judge in accordance with Chapter 821 of the Health and Safety Code shall be disposed of in accordance with such Chapter. (b) Any animal impounded under the provisions of this Chapter which is not sold at public auction may be humanely destroyed or offered to a local animal humane group for adoption by the City Enforcement Agent. (c) The City Enforcement Agent shall keep a record giving a description of all animals sold at auction, including the date of impounding, the date of sale, the amount received for the animal and the name and address of the purchaser. ARTICLE II. RABIES CONTROL; LICENSING; CLINICS Section 4-10. State regulations adopted. The City of lubbock hereby adopts by reference the Rabies Control Act of 1981 (Texas Health and Safety Code, Chapter 826), as amended, and the standards established by the Texas Board of Health as minimum standards for rabies control and quarantine provisions within the City of lubbock. In addition thereto, all of the rabies control provisions of this Chapter, which are adopted pursuant to Sees. 826.015 and 826.033 of the Health and Safety Code, shall have application in the City of lubbock. Section 4-11. license required. It is a violation of this Chapter if any person owning, keep- ing, harboring or having custody of a dog or cat over the age of four (4) months within the City of lubbock does not license such animal as provided herein. Police dogs or assistance animals shall be exempt from the license fee. This section does not apply to animals temporarily within the City for a period of time not to exceed thirty (30) days. Section 4-12. Issuance by veterinarians. The Animal Control Supervisor is hereby authorized to appoint duly licensed veterinarians as his deputies for the limited purpose of issuing dog and cat licenses. licenses shall be on numbered forms and tags furnished by the Animal Control Supervisor and shall be - 8 - issued subject to the provisions of this Chapter·and any other rules, regulations or ordinances relating to the issuance of such licenses. Section 4-13. Vaccination and license. A veterinarian may not issue a license for an animal that has not been vaccinated for rabies and all veterinarians shall report the license numbers issued upon vaccination of an animal to the Animal Control Supervisor within thirty (30) days. Section 4-14. Accounting by veterinarians. Each veterinarian appointed under Section 4-12 shall account to the Animal Control Supervisor monthly for all licenses and tags issued and shall remit all license fees collected at such time. Section 4-15. Collar with license to be worn by dogs and cats. All dogs and cats four (4) months of age or older must wear a collar or harness securely attached to its body which shall have attached thereto a current license tag. Veterinarians are encouraged to attach the tag to the animal's collar when the tag is purchased. Section 4-16. Failure to obtain or attach a license. Any owner who fails to obtain a current license tag for his animal or who fails to attach said tag to the animal's collar or harness shall be deemed guilty of a misdemeanor punishable in accor- dance with Section 4-2 of this Chapter and the animal may be impounded. Section 4-17. Improper use; refund of fee. No person may use a license on an animal other than the animal for which the license was issued and no refunds shall be made on any license fee because of death of the animal or because the owner is leaving the City of Lubbock. Section 4-18. Duplicate license. A duplicate license may be obtained upon payment of the fee established by this Chapter. Section 4-19. Expiration, renewal; issuance of license. (a) Licenses shall expire one (1) year from the date of vaccination, unless revoked or renewed earlier. - 9 - II I (b) Upon immunization of an animal against rabies by a licensed veterinarian, payment of the license fee, and submission of a written application stating the name, address and telephone number of the owner and a description of the animal, the Animal Control Supervisor or an authorized veterinarian may issue the owner a license certificate and a metallic tag for such animal. The tag shall have stamped thereon the year for which it is used and a number corresponding to the number of the license certificate. Section 4-20. Rabies Clinics. {a) Rabies clinics shall be conducted at community or civic locations within the City of Lubbock. (b) Rabies clinics shall be conducted by the veterinarians practicing in the particular area of the City of Lubbock where the clinic is to be conducted. If two or more veterinarians are in the general locale, they should cooperate in conducting the clinic. If no veterinarian is available in the general locale, then all veterinarians in the community should cooperate in conducting the clinic. {c) Rabies clinics shall be offered only when a veterinarian is not located in the general area or if all veterinarians in that area are notified and given an opportunity to participate. (d) Only rabies vaccinations shall be offered at such clinics. {e) In the event that no veterinarian desires to participate in a clinic in an area of the City where the Animal Control Supervisor deems it to be in the public interest to conduct such a clinic, then the City of Lubbock may sponsor such a clinic. {f) The annual license fee set forth herein shall be reduced to one dollar ($1.00) if such animal is vaccinated for rabies at a rabies immunization clinic or drive sponsored or co-sponsored by the City. ARTICLE III. ANIMAL ESTABLISHMENTS. Section 4-21. Standards for Animal Establishments. All animal establishments within the City of Lubbock shall be constructed and operate in conformance to the General Design Stan- dards, Specifications, and Operating Procedures for Animal Establish- ments promulgated by the City of Lubbock Health Board, which rules are adopted hereby and made a part of this Chapter by reference. A copy of such rules shall be placed on file with the City Secretary and a copy shall be maintained by the City Health Department, which copies shall be made available for inspection by members of the pub- -10 - I t t lie during the normal business hours of the offices in which they are maintained. In the event of a conflict between such rules and an ordinance of the City of Lubbock or State law, then the ordinance or State law shall prevail over the rules. · ARTICLE IV. OTHER ANIMALS. Division 1. Dangerous Animals. Section 4-22. Possession of dangerous animals. (a) No person shall knowingly sell, offer for sale, breed, possess, buy, or attempt to buy a dangerous animal within the City of Lubbock, unless such animal has been permitted pursuant to this Chap-ter. · (b) No person shall knowingly own, harbor, sell or offer for sale any animal which is to be used for the purpose of fighting, or to be trained, tormented, badgered or baited for the purpose of caus- ing or encouraging said animal to attack human beings or domestic animals when not provoked, except this section shall not apply to guard dogs. Section 4-23. Complaint about dangerous animal. (a) Upon receipt of a written complaint by any person charg- ing that a particular animal is a dangerous animal, the Public Health Administrator or his designee shall conduct a hearing to determine whether such animal is dangerous unless the matter is resolved by agreement of all parties prior to such hearing. Such written complaints shall contain at least the following information: (1) Name, address and telephone number of complainants and witnesses; (2) A brief description of the incident or incidents which cause the complainant to believe such animal is a danger- ous animal, including date, time and location; (3) A description of the animal and the name, address and telephone number of the owner of the animal, if known; and (4) Any other facts that the complainant believes to be important. (b) Such hearing to determine if an animal is a dangerous animal shall be conducted within twenty (20) days after receipt of the complaint or seizure of the animal, whichever occurs later. Such animal may be seized pursuant to such complaint and impounded at the owner's expense in the event that the animal has caused injury to a -11 - II person requiring medical treatment. An animal causing such injury may be held pending the outcome of the hearing and determination of whether such animal is a dangerous animal. (c) Notice of such hearings shall be provided by the Public Health Administrator to the owner of the animal by certified mail, return receipt requested, and to the complainant by regular mail. At such hearing all parties shall be given opportunity to present evidence on the issue of whether such animal is dangerous. (d) Upon conclusion of a hearing to determine if an animal is a dangerous animal, the Public Health Administrator may find that the animal is not dangerous, in which case it shall be promptly returned to the owner if it is in custody, or the Public Health Administrator may find that the animal is a dangerous animal and may order that the owner comply with one or more of the following requirements: (1) Removal of the dangerous animal from the City limits of the City of Lubbock; (2) Humane destruction of a dangerous animal; (3) Spaying or neutering of a dangerous animal at the owner's expense; or (4) Registration and compliance with all requirements of this Article. including obtaining liability insurance coverage or showing financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person's property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the City of Lubbock Animal Control facility before said dangerous animal shall be returned to the owner if it is being held by the City of Lubbock or a veterinarian. (e) All owners of dangerous animals required to be registered with the City of Lubbock shall provide the name and address of the owner; the breed, age, sex, color and any other identifying marks of the animal; the location where the animal is to be kept if it is not at the address of the owner; two (2) color photographs of the danger- ous animal; and the aforementioned certificate of liability insur- ance. (f) The owners of permitted dangerous animals shall not allow the animal to go outside of its cage, pen or enclosure unless the animal is under physical resiraint. No person shall permit a danger- ous animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical -12 - control of the chain, rope or leash. Dangerous animals shall not be leashed to inanimate objects, such as trees, posts, buildings, etc. All dangerous animals outside their cage, pen or enclosure must be securely muzzled to prevent the animal from biting other animals or human beings. A sign giving notice of a dangerous animal on the premises shall be prominently displayed by the owner of a dangerous animal at both front and rear property entrances. (g) The cage, pen or enclosure for a dangerous animal must have secure sides; a secure top attached to the sides; and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. (h) In the event that any owner of an animal declared to be dangerous violates any order of the Public Health Administrator, the animal may be immediately seized and impounded by the Public Health Administrator. In addition, the animal shall be seized immediately if the animal bites, injures or attacks a human being or another animal. Any animal already declared to be dangerous which is seized for causing injury to a human being or another animal may be ordered removed from the City of Lubbock or humanely destroyed and may not continue to be a registered dangerous animal. (i) No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another's property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury. (j} Orders of the Public Health Administrator pertaining to dangerous animals may be appealed to the City of Lubbock Permit and License Appeal Board by filing a written notice of appeal within five (5) days with the City of Lubbock City Manager's Office. During the pendency of such appeal, the Order of the Public shall be suspended, provided that the owner shall surrender the animal to the Animal Control Facility or to a veterinarian for observation. Decisions of the Permit and License Appeal Board shall be final. Division 2. Wild Animals. Section 4-24. Keeping of Wild Animals. (a) It shall be unlawful for any person to keep or maintain any wild animal unless a special permit therefor is first obtained from the animal control supervisor, who shall issue such permit if he finds that: -13 - (1) The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or property. (2) Adequate safeguards are made to prevent unauthorized access to such animal by members of the public. (3) The health or well-being of the animal is not in any way being endangered by the manner of keeping or confinement. (4) The keeping of the animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. (5) The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. (6) The quarters in which such animal is kept or confined are so constructed that they may be kept in a clean and sani- tary condition. (7) The applicant has paid the applicable permit fee. (b) Said permit shall be renewable annually upon a finding by the animal control supervisor that the above conditions have been met. The above provisions shall not apply to the keeping of wild animals if the owner or possessor: (1) is a governmental agency or entity; or (2) holds a circus, carnival or zoo license from the State of Texas; or (3) is an individual or a member of a nonprofit animal reha- bilitation organization holding a permit from the Texas Parks and Wildlife Department; or (4) is a research institution or an accredited educational institution; or (5) is an individual holding a state or federal permit to possess wildlife. (c) Wild animals in private possession upon the enactment of this ordinance may be retained by the owner provided that the owner registers such animal with the Public Health Administrator within 30 days of the final passage of this ordinance. -14 - (d) Decisions of the animal control supervisor or the Public Health Administrator pertaining to wild animals may be appealed to the City of Lubbock Permit and License Appeal Board by filing a written notice of appeal within five (5) days with the City of Lubbock City Manager's Office. During the pendency of such appeal, the decision of the animal control supervisor or the Public Health Administrator shall be suspended, provided that the owner shall surrender the animal to the Animal Control Facility or to a veterinarian for observation. Decisions of the Permit and License Appeal Board shall be final. Division 3. Bees, livestock, hogs, etc. Section 4-25. Bee Keeping. (a) It shall be unlawful for any person to keep or allow bees, or their hives within the City limits, except honey bees may be kept if the following conditions are met: (1) all hives shall be located a minimum of thirty (30) feet from any property line or enclosed in a fenced area; (2) there shall be no more than four (4) hives per city lot; (3) there is an adequate source of water within twenty (20) feet of all hives; and (4) location of three (3) or more hives per city lot shall require written permission to be obtained from the owners of all adjoining property; and (5) there may be maintained one (1) nucleus for each two (2) colonies. The nucleus shall not exceed one (1) ten-frame hive body. Each nucleus shall be disposed of within sixty (60) days after it is acquired. (b) All hives that are in existence upon final passage of this ordinance shall be exempt from subsections 4-25(a)(2) and 4- 25(a)(4) upon registration of such hives with the City Health Department. Section 4-26. Keeping of other animals; nuisance conditions. (a) The keeping of more than the maximum number of animals permitted by the zoning ordinance of the City of Lubbock shall be a nuisance. (b) The keeping or causing to be kept any chickens, geese, ducks, guineas, pigeons, rabbits or any other such animals in pens or enclosed areas in such a manner as to become offensive to other persons living nearby is hereby declared to be a nuisance. -15 - II -~~ ... (c) All manure and other excrement shall be disposed of in such a manner as to prevent it from becoming offensive to other persons living nearby. (d) It shall be unlawful for any person to park or leave standing any truck, trailer, or other vehicle that has been used for the hauling of livestock, animals or fowl in a residential area of the City of Lubbock when notified by a City Enforcement Officer that such vehicle is creating a nuisance due to odors, gases or fumes. Upon such notification, the owner, operator, driver or other person responsible for such vehicle shall move such vehicle to a location outside of any residential area of the City of Lubbock. (e) It shall be unlawful for any person to transport slop, garbage or other refuse over any alley, street or highway within the corporate limits of the City of Lubbock for the purpose of feeding hogs or swine within the City of Lubbock. Section 4-27. Keeping of hogs or swine. It shall be unlawful for any person other than a veterinarian to keep any live hog within the City limits, except in the here- inafter named locations, for a longer period than twenty-four (24) hours. This section shall not prohibit the keeping of one (1) pure bred Vietnamese potbellied pig with appropriate documentation as to breeding, which papers shall be kept available for inspection by appropriate officials. Section 4-28. Same, authorized locations. (a) Beginning at the intersection of Avenue "A" and 15th Street; thence south on Avenue "A" to 16th Street; thence west on 16th Street to Avenue "B"; thence north on Avenue "B" to 15th Street; thence east on 15th Street to the point of beginning. (b) The campus and grounds of Texas Tech University, Lubbock Christian University and the Monterey High School Ag Farm. (c) The Panhandle South Plains Fair Grounds, when hogs are kept thereon for exhibition purposes. Section 4-29. Hog pens, barns, stables and other facilities. All hog pens, barns, stables and other facilities shall meet the requirements of the City of Lubbock Building Code, Zoning Ordi- nance, and the General Design Standards, Specifications, and Operat- ing Procedures for Animal Establishments. -16 - Division 4. Animal Traps. Section 4-30. Placement and baiting of animal traps in public places. It shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting of any trap designed for trapping animals in any highway, street, alley or other public place within the corporate limits of the City of lubbock. However, nothing in this Chapter shall prohibit a City Enforcement Agent from placing such traps on public or private property as may be necessary to capture animals running at large. Section 4-31. Steel jawed traps prohibited. It shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting of any steel jawed trap (commonly known as a "bear trap," "wolf trap" or "coyote trap") within the corporate limits of the City of lubbock. Section 4-32. Abandoned traps. Any traps mentioned in this article found upon public property are hereby declared to be abandoned traps and any City enforcement officer is hereby authorized and directed to impound any such trap and process the same as abandoned property in accordance with the applicable provisions of this Code. ARTICLE Y. FEES FOR LICENSES, PERMITS AND IMPOUNDMENT. Section 4-33. Fees for licenses, permits and impoundment. a) The cost of licenses and permits shall be as follows: Dog and cat license, annual (unaltered) Dangerous animal, annual Guard dog, annual (except City owned animals) Kennels, commercial, annual Wild animal permit, annual (per location) Pet shop or animal dealer, annual Grooming, parlor, annual Stables, commercial, annual Stables, non-commercial, annual $ 2.50 $100.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 35.00 $ 50.00 $ 10.00 b) The cost of reclaiming animals from the City Animal Coptrol facility shall be as follows: -17 - Animals requiring a license or permit: First impoundment $ 20.00 Second impoundment S 35.00 Third and subsequent impoundments within one year* (fee will be reimbursed if the animal is ster- ilized within 30 days after any impoundment) $ 50.00 Boarding fee (daily for all or part of any one day) S 5.00 Rabies vaccination fee $ 10.00 Small animals (sheep, goats, etc.): Capture and impoundment, per head Boarding, per head per day Large animals (cattle, horses, etc.): Capture and impoundment, per head Boarding fee, per head per day $ 25.00 $ 5.00 $ 45.00 $ 10.00 *The Animal Control Supervisor may request a hearing to determine if an animal is a dangerous animal after the third impoundment of the animal within one year. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided by Section 1-4 of the Code of Ordi- ' nances of the City of Lubbock, Texas, and Section 29.003 of the Government Code. SECTION 3. THAT should any section, paragraph, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. -18 - AND IT IS SO ORDERED. Passed by the City Council on first reading this lOth day of October , 1991. Passed by the City Council on second reading this 14th day of November , 1991. B. C. McMINN, MAYOR APPROVED AS TO CONTENT: 4.//~ Rita Harmon, Assistant City Manager -19 - Rev. 11/0l/91 First Reading October 10, 1991 Item 1!16 Second Reading November 14, 1991 Item #12 GENERAL DESIGN STANDARDS, SPECIFICATIONS AND OPERATING PROCEDURES FOR ANIMAL ESTABLISHMENTS GENERAL The following General Design Standards, Specifications and Oper- ating Procedures for Animal Establishments are promulgated by the city of Lubbock Health Board pursuant to the authority granted by Section 4-20 of the Code of Ordinances of the City of Lubbock. Said General Design Standards, Specifications and Operating Pro- cedures shall be effective as of , 19 , which is the date of approval by the Lubbock C1ty Councrr;-and shall have application to all animal establishments in operation at that time as to operating procedures and to all animal estab- lishments commencing operations thereafter as to both design standards and operating procedures. Failure to meet these standards shall be grounds for denial or revocation of a license and the issuance of a citation subjecting the owner to the penalties herein. Facilities shall be subject to inspection by the City Health Department upon his request during reasonable hours. COMMERCIAL KENNELS Kennels, Commercial: Any person, partnership or corporation main- taining an establishment where dogs or cats are kept for the purpose of breeding, buying, selling, showing, or boarding such animals or engaged in the training of dogs for obedience, guard or sentry purposes, or any person, partnership, or corporation owning or keeping eleven (11) or more animals, each of which is four (4) months of age or older. All owners of commercial kennels shall have a valid permit issued by the City of Lubbock. All commercial Kennels shall comply with the minimum standards of this section. In general the facility will provide heating, cooling, and venti- lation for the health, comfort, and well-being of the animals housed there. The facility will be maintained in good repair and in a sanitary manner. I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES A. Floor construction 1. Interior floors shall be constructed of smooth durable material such as sealed concrete, ter- razzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall be maintained in good repair. Nothing in this rule shall prohibit the use of antislip floor covering in areas where necessary for safety reasons. 2. Floors of Outside Runs. Outside floors shall be constructed so that they can be maintained in a sanitary manner. The floors shall be constructed of. an impervious material or covered with a mini- mum of three (3) inches of gravel. If the runs are covered with qravel facilities for routinely washing the gravel must be provided. Gravel must be maintained so that odors are not emitted. 3. Utility Line Installation. Exposed utility ser- vice lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. B. Walls ana ceilings 1. Walls and ceilings including doors, windows, sky- lights, and similar closures shall be maintained in good repair. 2. Exposed utility service lines and pipes shall be installed according to and meeting all applicable Codes. c. Lighting 1. The facility shall have ample light to permit rou- tine cleaning and inspection. 2. Light fixtures, vent covers, wall mounted fans, decorative material, and similar equipment attached to the wall and ceiling shall be easily cleanable and shall be maintained in good repair. 3. All artificial lighting shall be shielded to pro- tect against broken glass falling into areas where animals are maintained. D. Plumbing 1. In general, all new and/or replaced plumbing shall be sized, installed, and maintained according to Lubbock city Plumbing Codes. There shall be no cross-connection between the potable water supply and any nonpotable or questionable water supply nor any source of pollution through which the potable water supply might become contaminated. 2. The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the water supply inlet is not provided between the - 2 - water supply inlet and the fixture's flood level rim. E. ~oilet Facilities 1. Toilet facilities shall be installed according to law, conveniently located, and will be accessible to employees at all times. 2. Toilet facilities shall be kept clean and in qood repair. Toilet rooms used by women shall have at least one covered waste receptacle. F. Lavatory Facilities 1. Lavatories shall be at least the number required by law, shall be installed according to law, and shall be located to permit convenient use by all employees. 2. A supply of hand-cleansing soap or deterqent shall be provided at each lavatory. A supply of sani- tary towels or a hand-drying device providing heated air shall be conveniently located near each lavatory. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashinq facilities. G. ventilation 1. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials. 2. All rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside. H. Poisonous or ~oxic Materials 1. Only those poisonous or toxic materials necessary for the maintenance of the establishment, the cleaning and sanitation of equipment and utensils, and the control of insects and rodents shall be present in the establishment. 2. containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents. 3. All poisonous or toxic materials .shall be stored in cabinets or in similar facilities used for no other purpose. · - 3 - x. Dressing Rooms and Locker Areas 1. If employees routinely change clothes, sufficient lockers or other suitable facilities shall be pro- vided and used for the orderly storage of employee clothing and other belongings. 2. The area shall be kept clean and in qood repair. J. xnsect and Rodent Control 1. Effective measures intended to minimize the pres- ence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. 2. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents. K. Garbage and Refuse 1. Garbage and refuse shall be kept in durable, eas- ily cleanable, insect-proof and rodent-proof con- tainers that do not leak and do not absorb liquids. 2. Containers stored outside the establishment shall be easily cleanable, shall be provided with tight- fitting lids, doors or covers, and shall be kept covered when not in actual use. 3. There shall be a sufficient number of containers to hold all the garbage and refuse that accumu- lates. 4. Garbage and refuse shall be stored in a manner to make it inaccessible to insects and rodents. L. Facilities 1. Any surface that comes into contact with animals shall be free of jagged edges or sharp points that might injure the animals, as well as rust that would prevent required cleaning and sanitizing. Nothing in this section shall prevent the use of barbed-wire for fencing large animals. 2. surfaces that come into contact with animals should be cleaned daily and sanitized at least every two weeks. - 4 - :n:. EMPLOYEES A. Personnel Hygiene 1. The outer clothing of all employees shall be reasonably clean in consideration of the work in progress during a normal business day. 2. Employees shall conform to good hygienic practices while working. 3. Employees shall treat all animals in a humane manner. B. Numbers of Employees 1. There must be sufficient number of employees to carry out proper feeding, cleaning, observation, and other generally accepted professional and hus- bandry practices. 2. A supervisor of an Animal Control Facility should have a background in animal husbandry or care. III. ANIMAL CARE A. Foo4 an4 Water 1. Food and Water pans shall be made of durable mate- rial that can be easily cleaned and sanitized or be disposable and discarded after each use. 2. Food and water receptacles shall be located so as to minimize contamination by pests as well as by excreta. 3. Containers not discarded must be cleaned daily and sanitized before being used to feed a different animal or social grouping of animals. Self-feed- ers for the feeding of dry food should be cleaned and sanitized at least every two weeks. 4. Potable water should be offered at least twice daily if not continually available. 5. Food should be offered at least once every twenty- four (24) hours to all animals. B. Temperature 1. Indoor temperatures should be maintained at a level that is healthful for every species of animals kept within the facilities. Minimum temperature for animals that cannot tolerate lower -.5- temperatures shall be ss· (fifty-eight degrees Fahrenheit)1 for all other animals the minimum temperature shall be not less than 35• (thirty- five degrees Fahrenheit). 2. The maximum temperature for indoor facilities shall not be more than 95• (ninety-five degrees Fahrenheit). 3. Animals kept outside should have access to a shaded area. c. Primary Enclosure 1. OUtdoor housing facilities and cages should provide sufficient room that all animals in the structure can sit, stand, and lie in a normal manner, and to turn about freely. 2. The Primary Enclosure should be constructed so as to keep unauthorized humans out. 3. Should enable the animal to keep dry and clean. 4. All animals housed in the same primary enclosure should be compatible. D. Health of Animals 1. Any animal that appears to be sick and/or injured will be separated from the other animals. The sick and/or injured animal will be examined and treated by a licensed veterinarian if appropriate. 2. If the animal has a communicable disease the other animals in the ill animals social group will not be sold until released by a veterinarian. 3. A record of all sales of animals weighing more than one (1) pound will be maintained by the owner and/or manager for ninety days. The record will include the species of animals sold, date of sale, purchasers name and address and source of animal. E. Exercise and socialization 1. Because of the social nature of dogs, all dogs should be able to see and hear other dogs. 2. Dogs kept in cages should be exercised once a day and should have positive physical contact (petting, stroking, or other touching) with a human at least once a day. - 6 - PET SHOPS AND GROOMING ESTABLISHMENTS Nothing in these standards should be interpreted to mean that a pet shop does not have to comply with Animal Welfare Act and whenever there is a conflict the Animal Welfare Act will take precedence. In general, the facility will provide heating, cooling, and ventilation for the health, comfort, and well-being of the animals housed there. The facility will be maintained in good repair and in a sanitary manner. r. CONSTRUCTZON AND MAZNTENANCE OF PHYSZCAL FACZLZTZES A. Floor construction 1. Interior floors shall be constructed of smooth durable material such as sealed concrete, ter- razzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall be maintained in good repair. Nothing in this rule shall prohibit the use of antislip floor covering in areas where necessary for safety reasons. 2. Utility Line Installation. Exposed utility ser- vice lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. B. Walls an4 Ceilings 1. Walls and ceilings including doors, windows, sky- lights, and similar closures, shall be maintained in good repair. 2. Exposed utility service lines and pipes shall be installed according to and meeting all applicable Codes. c. Lighting 1. The facility shall have ample light to permit routine cleaning and inspection. 2. Light fixtures, vent covers, wall mounted fans, decorative material, and similar equipment attached to the wall and ceiling shall be easily cleanable and shall be maintained in good repair. 3. All artificial lighting shall be shielded to protect against broken glass falling into areas where animals are maintained. - 7 - D. Plumbinq 1. There shall be available hot water at a minimum temperature of 140• F. (one hundred and forty deqrees Fahrenheit) for washinq caqes, food pans, waterinq bowls, and qeneral cleaninq. 2. In qeneral, all new and/or replaced plumbinq shall be sized, installed, and maintained accordinq to Lubbock City Plumbinq Codes. There shall be no cross-connection between the potable water supply and any nonpotable or questionable water supply nor any source of pollution throuqh which the potable water supply miqht become contaminated. 3. The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect aqainst backflow and backsiphonaqe at all fixtures and equipment where an air qap at least twice the diameter of the water supply inlet is not provided between the water supply inlet and the fixture's flood level rim. E. ~oilet Facilities 1. Toilet facilities shall be installed accordinq to law, conveniently located, and will be accessible to employees at all times. 2. Toilet facilities shall be kept clean and in qood repair. Toilet rooms used by women shall have at least one covered waste receptacle. F. Lavatory Facilities 1. Lavatories shall be at least the number required by law, shall be installed accordinq to law, and shall be located to permit convenient use by all employees. 2. A supply of hand-cleansinq soap or deterqent shall be provided at each lavatory. A supply of sani- tary towels or a hand-drying device providinq heated air shall be conveniently located near each lavatory. If disposable towels ar used, easily cleanable waste receptacles shall be conveniently located near the handwashinq facilities. G. ventilation 1. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminatinq materials. - 8 - 2. All rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside. H. Poisonous or Toxic Materials 1. Only those poisonous or toxic materials necessary for the maintenance of the establishment, the cleaning and sanitation of equipment and utensils, and the control of insects and rodents shall be present in the establishment. 2. Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents. 3. All poisonous or toxic materials shall be stored in cabinets or in similar facilities used for no other purpose. x. Dressinq Rooms and Locker Areas 1. If employees routinely chanqe clothes, sufficient lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other belongings. 2. The area shall be kept clean and in good repair. J. Xnsect and Rodent Control 1. Effective measures intended to minimize the pres- ence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. 2. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents. x. Garbaqe and Refuse 1. Garbage and refuse shall be kept in durable, easily cleanable, insect-proof and rodent-proof containers that do not leak and do not absorb liquids. 2. Containers stored outside the establishment shall be easily cleanable, shall be provided with tight- fitting lids, doors or covers, and shall be kept covered when not in actual use. 3. There shall be a sufficient number of containers to hold all the garbage and refuse that accumu- lates. - 9 - 4. Garbage and refuse shall be stored in a manner to make it inaccessible to insects and rodents. L. Facilities 1. Any surface that comes into contact with animals shall be free of jagged edges or sharp points that might injure the animals, as well as rust that would prevent required cleaning and sanitizing. Nothing in this section shall prevent the use of barbed-wire for fencing large animals. 2. surfaces that come into contact with animals should be cleaned daily and sanitized at least every two weeks. J:J:. EMPLOYEES A. Personnel Hygiene 1. The outer clothing of all employees shall be reasonably clean in consideration of the work in progress during a normal business day. 2. Employees shall conform to good hygienic practices while working. 3. Employees shall treat all animals in a humane manner. B. Numbers of Employees 1. There must be sufficient number of employees to carry out proper feeding, cleaning, observation, and other generally accepted professional and husbandry practices. 2. A supervisor of an Animal Control Facility should have a background in animal husbandry or care. J:J:J:. ANJ:MAL CARE A. Foo4 an4 Water 1. Food and Water pans shall be made of durable mate- rial that can be easily cleaned and sanitized or be disposable and discarded after each use. 2. Food and water receptacles shall be located so as to minimize contamination by pests as well as by excreta. 3. Containers not discarded must be cleaned daily and sanitized before being used to feed a different -10 - animal or social grouping of animals. Self-feed- ers for the feeding of dry food should be cleaned and sanitized at least every two weeks. 4. Potable water should be offered at least twice daily if not continually available. s. Food should be offered at least once every twenty- four (24) hours to all animals. B. Temperature 1. Indoor temperatures should be maintained at a level that is healthful for every species of animals kept within the facilities. Minimum temperature for animals that cannot tolerate lower temperatures shall bess· (fifty-eight degrees): for all other animals the minimum temperature shall not be less than 35• (thirty-five degrees). 2. The maximum temperature for indoor facilities shall not be more than 95• (ninety-five degrees). 3. Animals kept outside should have access to a shaded area. c. Primary Enclosure 1. outdoor housing facilities and cages should provide sufficient room that all animals in the structure can sit, stand, and lie in a normal manner, and to turn about freely. 2. The Primary Enclosure should be constructed so as to keep unauthorized humans out. 3. Should enable the animal to keep dry and clean. 4. All animals housed in the same primary enclosure should be compatible. s. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned daily and disinfected routinely. 6. There shall be sufficient clean and dry bedding to meet the needs of each individual animal. D. Health of Animals 1. Any animal that appears to be sick and/or injured will be separated from the other animals. The -11 - sick and/or injured animal will be examined and treated by a licensed veterinarian if appropriate. 2. If the animal has a communicable disease the other animals in the ill animals social group will not be sold until released by a veterinarian. 3. A record of all sales of animals weighing more than one (1) pound will be maintained by the owner and/or manager for ninety days. The record will include the species of animals sold, date of sale, purchasers name and address and source of animal. E. Exercise an4 socialization 1. Because of the social nature of dogs, all dogs should be able to see and hear other dogs. 2. Dogs kept in cages should be exercised once a day and should have positive physical contact (petting, stroking, or other touching) with a human at least once a day. F. sale of Animals 1. No owner may sell a "Wild Animal" as defined in Sec. 4-1 of the City Code. IV. PET GROOMING ESTABLISHMENTS--CONSIDERATIONS A. Facilities 1. Provide enough cages (or wall-tie areas for large animals) for each animal to be caged individually except for animals from the same owner. 2. Floors to be maintained in clean condition throughout working period. 3. Grooming tables/bathing tubs, etc. to be of sound construction. B. Equipment 1. Dryers, clippers, etc. to meet all U.L. standards (on-off switches work properly, etc.). 2. Drying towels to be laundered after each use, with appropriate laundry equipment (laundry bags, baskets, etc. for storing wet towels). -12 - c. Other 1. Animals with obvious or serious skin disorders or diseases should be rejected until a veterinarian release form can be obtained by the owner. 2. Dips and other chemicals to be mixed and used according to manufacturers' recommendations. 3. Any animal which cannot be groomed without excessive force should be brought to the attention of the owner, at which time alternatives to ensure the safety of both the groomer and the animal should be discussed. If no reasonable solution can be reached, the animal should be rejected. STABLES The number of animals maintained at a stable shall comply with the Zoning Code, Chapter 29, Sec. 29-24, (c) (3) and (4). I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES A. Building 1. All buildings and sheds used for the stabling of animals shall be well lighted and ventilated and provide protection from the weather. For commer- cial stables no building shall be located closer than fifty (50) feet from the nearest property line nor closer than two hundred (200) feet from the boundary of a designated residential district. The setback from the nearest property line may be reduced to ten (10) feet when a solid rear wall of a stable, building, or structure is adjacent and substantially parallel to the property line. The solid wall shall have no openings. 2. On property zoned as residential·estates no build- ing associated with the keeping of animals shall be closer than thirty (30) feet from the side property lines, forty feet from the rear property line, or closer to the front property line than the front of any residential structure on the lot, tract, or parcel. 3. All buildings and sheds will be constructed to comply with the Building Code. 4. All buildings and sheds used for stabling animals shall be kept clean and in good repair. -13 - 5. Any surface that comes into contact with animals shall be free of jagged edges or sharp points that might injure the animals, as well as rust that would prevent required cleaning and sanitizing. Nothing in this section shall prevent the use of barbed-wire for fencing large animals. 6. Surfaces that come into contact with animals should be cleaned weekly. B. Fencinq Pens and fences will be constructed of suitable materials and of substantial construction suffi- cient to restrain the animal(s). II. INSECT AND RODENT CONTROL 1. Effective measures intended to minimize the pres- ence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. 2. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents. III. GARBAGE AND REFUSE 1. Garbage and refuse shall be kept in durable, easily cleanable, insect-proof and rodent-proof containers that do not leak and do not absorb liquids. 2. Containers stored outside the establishment shall be easily cleanable, shall be provided with tight- fitting lids, doors or covers, and shall be kept covered when not in actual use. 3. There shall be a sufficient number of containers to hold all the garbage and refuse that accumu- lates. 4. Garbage and refuse shall be stored in a manner to make it inaccessible to insects and rodents. IV. EMPLOYEES A. Personnel Hyqiene 1. The outer clothing of all employees shall be clean. 2. Employees shall conform to good hygienic practices while working. -14 - 3. Employees shall treat all animals in a humane manner. B. Numbers of Employees 1. There must be sufficient number of employees to carry out proper feeding, cleaning, observation, and other generally accepted professional and husbandry practices. 2. A supervisor of an Animal Control Facility should have a background in animal husbandry or care. c. Toilet ' Lavatory Facilities 1. All commercial stables will provide toilet facili- ties for customers. 2. Toilet facilities shall be kept clean and in good repair. Toilet rooms used by women shall have at least one covered waste receptacle. 3. Lavatories shall be at least the number required by law, shall be installed according to law, and shall be located to permit convenient use by all employees and customers. V. ANIMAL CARE A. Food and Water 1. All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. 2. Food and water pans shall be made of durable mate- rial that can be easily cleaned and sanitized or be disposable and discarded after each use. 3. Food and water receptacles shall be located so as to minimize contamination by pests as well as by excreta. 4. All opened sacks of feed grains or other foods being fed with the exception of hay shall be stored in metal or rodent-proof receptacles. 5. Working animals shall be provided water at the loading site and on routes at all times they are working. -15 - B. Manure 1. Manure shall be removed from buildings and sheds used for housing animals daily. 2. Any enclosure where animals are kept shall be graded and raked so as to keep the surface reason- ably dry. 3. Any stall, stable, lot, or parcel where manure or liquid discharge is allowed to accumulate to constitute a breeding place for flies, or is not kept in a clean and sanitary condition so that offensive smells, odors or fumes escape therefrom, shall be deemed a nuisance, subject to abatement as provided for in Chapter 4, Sec. 4-2. c. Health of Animals 1. Any animal that appears to be sick andjor injured will be separated from the other animals. The sick and/or injured animal will be examined and treated by a licensed veterinarian. 2. If the animal has a communicable disease the other animals in the ill animals social group will not be sold until released by a veterinarian if appropriate. 3. A record of all sales of animals weighing more than one (1) pound will be maintained by the owner andjor manager for ninety days. The record will include the species of animals sold, date of sale, purchasers name and address and source of animal. VI. POISONOUS OR TOXIC MATERIALS 1. Only those poisonous or toxic materials necessary for the maintenance of the establishment, the cleaning and sanitation of equipment and utensils, and the control of insects and rodents shall be present in the establishment. 2. Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents. 3. All poisonous or toxic materials shall be stored in cabinets or in similar facilities used for no other purpose. -16 - VII. EQUIPMENT 1. All equipment used for riding and training must fit each individual animal properly. 2. All harnesses and bridles shall be kept oiled and cleaned and in good repair. HOG PENS It shall be unlawful for any person to keep any live hog within the city limits, except in the zones created and defined in Sec. 4-85, for a longer period than twenty-four (24) hours. I. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES A. Floor Construction 1. The floor of a pen, barn, shed or other place or premises where any live hog may be kept or permitted to run shall be constructed of a good grade of waterproof cement and shall be kept in a first-class state of repair at all times in such a manner as to make the floor securely waterproof. 2. The outer edge of the floor of any hog pen, barn or shed or other place or premises where any live hog may be kept or permitted to run shall be surrounded by a curb extending to a height of not less than four (4) inches above the level of the floor and such curb shall be maintained at all times in a manner to prevent the flow of water and other liquid substance or substances therefrom into adjoining premises. 3. Drains used to drain the floor of pens, barns, sheds or other places or premises where any live hog may be kept will be constructed as per the Plumbing Code of the City of Lubbock. 4. The floors shall be cleaned daily. II. POISONOUS OR TOXIC MATERIALS 1. Only those poisonous or toxic materials necessary for the maintenance of the establishment, the cleaning and sanitation of equipment and utensils, and the control of insects and rodents shall be present in the establishment. 2. Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents. -17 - 3. All poisonous or toxic materials shall be stored in cabinets or in similar facilities used for no other purpose. XII. INSECT AND RODENT CONTROL 1. Effective measures intended to minimize the pres- ence of rodents, flies, cockroaches, and other insects on the premises shall be utilized. 2. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents. XV. GARBAGE AND REFUSE 1. Garbage and refuse shall be kept in durable, easily cleanable, insect-proof and rodent-proof containers that do not leak and do not absorb liquids. 2. Containers stored outside the establishment shall be easily cleanable, shall be provided with tight- fitting lids, doors or covers, and shall be kept covered when not in actual use. 3. There shall be a sufficient number of containers to hold all the garbage and refuse that accumu- lates. 4. Garbage and refuse shall be stored in a manner to make it inaccessible to insects and rodents. V. FOOD AND WATER 1. All animals shall be provided with daily food free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. All garbage fed to hogs shall be heated a minimum of 15 minutes at 171° (one hundred seventy-one degrees Fahrenheit). 2. All animals shall have fresh water available at all times. -18 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-1021 Before me Ton 'Ia Hen r 'I a Notary Public in and for Lubbock County, Texas on this day personally appeared T .,I • A 11 f 1 I I • Arc o 11 n t Hanft I! e r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal-Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than rlfty-two weeks pri- or to the (lfSt insertion of this --+-llll"lt~i.-111-..f-l -.AR-Ou-;~i-t *"' -.c •• ------------------____________ __.·, o. 806i26 . . at Lubbock County, Texas and the attached print- ed copy of the I e e a I n a t 1 c e •s a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:-flNi-eD~'f,..-z1:e6'1't~2:-.!!i~•--=1':'f9~9'"::11:-------------451 Wft 1.06 = 476.06 AccewAt HaAal!er LUBBOCKAVALANCH~JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thio:>..s ~2E-:iSt----.u TONY A 'H.ENRV . Notaty Public STAtE OF TEXAS ~;.,..ra;r >My C4Jmm Eap Nov !9 1994 \