HomeMy WebLinkAboutOrdinance - 7995-1980 - Code Of Ord. Changing Lang. Reg. Animals, Savings Clause, Prov. For Publication - 01/24/19801-.24'-1~~ \ ~~\~':=b=s ==============================Or=d=i=na=n=c=e=N=o=·=7=9=9=5 ==~J2~-~~~~~~
AN ORDINANCE AMENDING CHJ\PTER lj OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY CHANGING THE LANGUAGE OF CERTAIN PROVISIONS THEREOF REG!IRDING
ANU1ALS Ai~D Fot-11; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
\.JHERE/\S , the City Council l1as dete rmined that it \vOuld be in the best
interests of the health, safety and general \velfare of the citizens of the
City of Lubbock to amend the following provisions of Chapter 4 of the Code of
Ordinances of the City of Lubbock, Texas, NOl.J THEREFORE:
BE I T ORDAINED BY TilE CITY COUNCIL OF THE CITY OF LUBBOCK :
SECTION 1. TllAT Chapter 4 of the Code of Ordinances of the City of
Lu bbock BE and is hereby amended by a mending the l anguage of the following
sections to r ead aY follows :
Sec. 4-1. Definitions .
(7) ~enforcement agent. The Cit y of Lubbock Animal
Control Supervisor or his authorized representatives.
The Animal Contr ol Supervisor shall be responsible for
the enforcement of this Chapter and the regulations
promulgated herein, unless otherwise provided.
(16) Wild animal. Any mammal, reptile or f:owl which is not
naturally tame or gentle but is of a wild nature or
disposition and which , because of 1ts size. vicious
nature or other charncteristics would consti tute a danger
to human life or properly if it is not kept or maintained
in a safe manner or in secure quarters.
Sec. 4-J. Keeping of wild animals.
It sha l l be unlawf ul for any person to keep or maintain any wild
animal unless a special permit therefor is first obtained from the
Animal Control Supe·rvisor. Such permit shall be Issued by the Animal
Control Supervisor if he finds the following:
(a) That 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 dnnger to human
life or property .
(b) Tha t adequate safeguards are made to prevent unauthorized
access to such a nimals by member s of the public .
(c) Tha t the health or \o1ell being of the rJnimal is not in any
\~ay being endangered by the manner of keeping or confinement.
(d) That the keeping of the animal does not constitute a
nuisance and \11111 not harm the surrounding neighborhood or disturb
the peace nnd quiet of the surrounding ne~g~borhood.
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(e) That the keeping of such animal will not create or cause
offensive odors or constitute a danger to public health.
(f) That the quarters in which such animal is kept or confined
are so constructed that they may be kept in a clean and sanitary
condition.
(g) That the applicant for such permit has in force insurance
in the amount of three hundred thousand dollars ($300,000) covering
bodily injury or death to any person or for damage to any person'A
property resulting from the keeping or maintenance of any such
\vild animal. Such insurance further shall provide that it may
not be cancelled unless ten (10) days written notice is first
given to the Animal Control Supervisor. A certificate of such
insurance shall be filed with the Animal Control Supervisor upon
application for such permit.
(h) That the applicant has paid a permit fee of fifty
dollars ($50.00).
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 an-imals kept
for exhibition purposes by circuses, zoos and educational institutions
lawfully operating within the City limits of the City of Lubbock.
Sec. 4-6. Rabies vaccination required; impoundment of animals which
have bitten persons or animals displaying symptoms of
rabies.
(a) It shall be unla\vful for any person to own a dog or cat
over the age of four (4) months \vithout a valid rabies vaccincttion.
(b) Persons bringing dogs or cats into the city shall have
readily available, as proof of vaccination, a valid certificate
signed by a licensed veterinarian or issued by an approved govern-
mental agency. Animals which do not qualify shall either be
immediately re.rnoved from the city or shall be vaccinated by a
licensed veterinarian.
(c) Any animal which displays symptoms commonly associated
with rabies, including restlessness, irritability, paralysis, unsteady
gait, foaming at the mouth, or having bitten a person, shall, unless
otherwise directed by the Animal Control Supervisor, be impounded by
the Animal Control Supervisor and quarautined for observation at the
city animal shelter for a period of not less than ten (10) days.
Special confinement may, at the discretion of the city enforcement
agent and the person bitten, be permitted at some other location. A
"bite" as used herein shall mean a wound inflicted hy an animal which
breaks the skin of the person attacked.
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(d) In the event that any animal is confined for rabies
observation, such animals shall not be r eleased from such confinement
un.til such animal is administe r ed a rabies vaccination and licensed
at the expense of the mmer, provided, however, that the rabies
vaccination s hall not be required in the event such m"ner exhibits
proof that his animal has received a current rabies vaccination.
(e) No person shall knowingly a llow a confined animal to
escape, nor shall he sell, give away, or otherwise dispose of such
animal before the end of the quarantine period.
Sec. 4-7. Observation of impounded anlmal; period of confinement.
Hhen any animal has been impounded by the Animal Control
Supervisor or his authorized r epresentative under the provisions
of this article, the Animal Control Supervisor or his authorized
r epresentative shall make such observations as are deemed necessary
to de termine \-'hether !';UCh animal is i nfected with rabies. Such
animal shall be kept for purposes of observation for a period of
time of not less than ten (10) days.
Sec. 4-8. Certain impounded animals to be killed; head to
be sent to laboratory.
If any animal impounded or reduced to the possession of the
An'imal Control Supervisor or his authorized representative under
provisions of this article exhibits symptoms of rabies, it may
be killed at the discretion of the Animal Control Supervisor or
his authorized representative and the head sent to a proper
laboratory for diagnosis.
Sec. 4-11. Notice to keeper of animals suspected of having rabies;
interference with city enforcement agent.
\.Jhenever the Animal Control Supervisor or his authorized r epre-
sent<'ltive has good reason to believe that any dog or other animal is
infec ted with rabies, he shall notify the keeper, harborer, or any
person claiming such animal of his belief and it shall thereafter
be unlawful for any such person having notice to in any manner inter-
fere with such city enforcement agent in taking possession of the
animal for the purpose of an examination or impoundment to determine
if such animal is in fact infected with rabies.
Sec. 4-12. Duty of keeper when notified that animal has or is
suspected of having rabies.
t.Jhen any person has been notified by a city enforcment agent
t hat any animal in his possession o·r unde r h:is custody is infec ted
with rabies , or is reasonably sus pected of be ing infected with rabie s,
it shall be the duty of such person to lmmediately deliver such ani mal
to the Animal Control Supervisor or his authorized representative for
quarantine and observation of such animal.
Sec. 4-13. Keeping of rabid animal or animal suspected of being
rabid prohibited; exception.
It shall be unlawful for any person to knowingly keep, harbor or
mai ntain any animal within the City of Lubbock which is infected with
rabies, or after having been notified by the Animal Control Supervisor
or his authorized representative that the city enforcement agent has
good reason to believe that the animal is infected with rabies. Such
animal may, however, be kept under directions and conditions specified
by the Animal Control Supervisor or his author ized representative
under other provisions of this article.
Sec. 4-15. Vicious dogs; hearing to determine viciousness.
(a) \-Jhen the Animal Control Supervisor is of the opinion that
a dog impounded under section 4-6 is a vicious dog, as such phrase
is herein defined, or when the Animal Control Supervisor receives
information by affidavit of any person that a dog has bitten,
scratched or otherwise attacked any pe rson within the corporate
limits of the City of Lubbock at a time when the person so attacked
was not trespassing upon the property of the mmer or person having
custody or control of such dog, and was not provoking or teasing
such dog, the Animal Control Supervisor shall make such fact known
to the judge of the Nunicipal Court, who shall thereupon direct
that a hearing be held as is hereinafter provided. If the identity
or address of the Ot·mer or person having custody and control of such
dog ts knO\.ffi or can be determined with a reasonably diligE-nt search,
such person shall first be notified of the pendency of such hearing and
summoned to appear within five (5) days hefore the judge of the
Nunicipal Court of the City of Lubbock, said judge be.ing hereby
vested with jurisdiction for the purpose of hearing such cases.
Upon such heari.ng, the said judge is hereby authorized and direc ted
at his discretion upon a finding that the dog is vicious to order
that the dog be kept muzzled, or that the dog be kept \vi thin a
sufficient enclosure, or that the dog be destroyed as a public
nuisance.
(b) If it is the opinion of said judge that the public
health and safety requires such action, he is hereby further em-
powered to order the immediate impounding and continued restraint
of any dog for which a hearing has been ordered under the above
provisions, pending a determination of its viciousness at such
hearing.
(c) Any owner or person having custody or control of such
dog who shall attempt to impede the enforcement of this section by
refusing to abide by the order of the judge as to proper restrictions
on such dog, or by refusing to deliver such dog for impoundage, or by
concealing such dog from the city enforcement agent, or by otherwise
interfering with the impoundage of such dog shall be guilty of a
misdemeanor and upon conviction thereof shall be fined a sum not
exceeding t\vO hundred dollars ($200. 00).
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Sec. 4-23. Reclaiming animals; impoundment f ~~es.
An owner reclaiming an impounded dog shall pay an impoundment
fee of ten dollars ($10.00) for the first impoundment; twenty dollars
($20.00) for the second impoundment; and thirty dollars ($30.00) for
the th.lrd and any subsequent impoundments. The m.;ne'r shall also pay
two dollars and fifty cents ($2.50) for board charge for each day
such animal has been impounded plus seven dollars ($7.00) rabies
vaccination fee and a two dollar ($2.00) license fee if applicable.
Owners reclaiming cats from the shelter shall pay two dollars nnd
fifty cents ($2. 50) for each day such anim~tl has been impounded,
plus seven dollars ($7.00) rabies vaccination fee and a two dollar
($2.00) license fee if applicable.
Sec. 4-24. Adopt-ing animals.
Any person adopting an animal from the animal shelter shall
pay a deposit of twenty-five dollars ($25. 00) tot"a rds neutering
the animal, a fee of seven dollars ($7.00) for the cost of rabies
vaccination, a two dollar ($2.00) city license fee, and a two dollar
and fifty cent ($2.50) administrative fee. The adopting person bas
tt"o t<~eeks to return the animal to the Shelter and receive a refund
of all but the administrative fee. All animals adopted must be
neutered within ninety (90) days of adoption or of reaching six
months of age by a veterinarian. Upon receipt of proof of neutering
by the animal shelter, the neutering fee shall be forwarded to the
veterinarian.
Sec. 4-29. License required; exception.
Any person owning, keeping, harboring, or having custody of
any dog or cat over four (4) months of age within the City of
Lubbock must obtain a license as herein provided. Thls provision
does not apply to seeing-eye dogs or police dogs.
Sec. 4-31. Collar tvith license to be toJorn by dogs and cats.
All dogs and cats four (4) months of age or older must t<~ear
a collar or harness securely attached to its body to which shall
be securely attached a current license tag.
Sec. 4-32. Failure to obtain or attach l.i cense.
Any person tvho fails to obtain a current license tag or fails
to attach said tag to the animal's collar or harness shall be guilty
of a misdemeanor punishable by a fine of fifteen dollars ($15.00).
Sec. 4-34. Improper use of license; refund of fees.
No person may use any license for any dog or cat other than
the animal for to~hich it was issued and no refunds shall be made on
aoy license fee because of the death of the animal or because of. the
m.mer leaving the city.
Sec. 4-35. Issuance of license by veterinarian.
The Animal Control Supervisor is hereby <wthorized to appoint
duly licensed veterinarians as his deputies for the limited purpoRe
of issuing dog and cat licenses under the supervision of the Animal
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Control Supervisor. Suc.h appointments s hall be gratuitous and all
licenses issued by the appointees shall be on numbered forms and tags
furnished by the Animal Control Supervisor , subject to the provisions
of this articl e and any other rules, regulations or ordinances
relating to the lHHuance of such licenses.
Sec. 4-37. Right of entry to impound under certain circumstances.
t~hen the Animal Control Sup erv iso r or his authorized agent has
good r eason to believe that an animal may have rabies, he may at any
reasonable time enter any premise s for the purpose of impounding
such animal and it shall be unlawful for any person to refuse entry
for such purpose and any person who shall refuse entrance or impede
or obstruct such city enforcement agent shall be guilty of a misde-
meanor.
SECTION 2. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid for
any reason, the r emainder of this Ordinance shall not be affected thereby .
SECTION 3. THAT the City Secretary is hereby authorized to cause pub-
lication of the descriptive caption of this Ordinance as an alternative method
as provided by law.
AND lT IS SO ORDERED .
Passed by City Council on first reading this 24th_ day of January
Pa ssed by City Council on second reading this 14th day of February
ATTEST:
APPROVED AS TO CONTENT:
of Public
APPROVED AS TO FORN:
--·., ,-\ . C-~( ()~\g:~, .0'\ .. ? o!N,&J\If'L~
DoRafd G. Vandiver, Assistant Clty
Attorney
, 19 80.
• 19 80.
THE STATE OF TEXAS
COIJfiT'f :lF LUBBOCK
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Befor·~-r:e, Gilbe}·t L Flores, a Notary Publi c in and for Lubbock County, Texas
on thts day persona lly appeared Bidal Aguero of Amigo Publicati ons , publishers
of El Editor, weekly ne\'/Spaper, who being by me duly sworn di d depose and say
that ~·3-'d ne\'/Sf)aper hJs b~en published continuou~;ly for more that fifty -t wo
weeb pt·io r to tne fitst insertion of this City Ordi11ance No.-=::z2.2'5_. at
Lubbl-k Co unty, rexas and the attached prin:ed copy n f the City Ordinance is
a t n r:oo y of tne orignial and \'t'as printed in El Editor on the fol lowing dates :
~ffa= ~r ~
1\rni gc. 0 ub 1i cat i ens
Sub sc -;t)~d a nd Sl·to r n to before me :his 25 duy of Feoruary, 1980_ ·
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MY gh~~ERT E. FLORES
M MISSION EXPIRES
ARCH 31, 1981
ORDINANCE 799!1
An ordinance amending Cllaptw 4 of the Code of Ordinances of the City of
LubtiOCII, Texas. by changing the lan-
guage of certain plll'<lalona thWeol regarding animals and fowl; providing a
aavlnga olauae, and providing lor
publication. BE IT ORDAINED By The City Council
of the City of LubbOCk:
AND IT IS SO ORDERED. Put«! by City Council on first reading
IIIII 24th day of Janl.IIIY. 1980. -~"" PUHd by City Council on '"'"""' reeding thta 14th day of February. 11180.
DIRK WEST, MAYOR
ATTEST: Evelyn Gallga, City Sectetary-Traaaurw
APPROVED AS TO CONTENT: PubliC oanu1 Pan:llull, Director of
seMc.l APPROVED AS TO FORM: QoNkl G. Vandiver, Aaatatanl City
Attornev
A.r ·•~p flL I .:I~~atlons • 16:36 MrJir .. ~.l.Dbock. Texas 794CJ1 • Phone 606-763-3841 • Bidol Aguero. Presidflflf