HomeMy WebLinkAboutOrdinance - 5379-1967 - Amending Chapter 4 Code Of Ordinances Amending Section 4-25 Vicious Dog - 01/11/1967&
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ORDINANCE N0. __ 5::;.;;3:..:.7.;..9 __ _
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANvES,
eITY OF LUBBOCK., TEXAS., BY AMENDING SECTION 4-25 THEREOF, AND PR
VIDING FOR A H~ARING B~FORE THE JUDGE OF THE CORPORATION COURT
IN ORDER TO DETERMINE -WHETHER OR NOT A DOG HAS A VICIOUS NATURE;
DEFINING WHAT SHALL CONSTITUTE A VICIOUS DOG; PROVIDING FOR NOT ...
ICE TO THE OWNER OR PERSON HAVING CUSTODY OR CONTROL OF SUCH D
PROVIDING FOR DISPOSITION OF SUCH DOG; PROVIDING FOR IMPOUNDAGE
DURING SUCH HEARING; DECLARING IT UNLAWFUL 'ID IMPEDE ENFORCE MEN
OF THIS ORDINANCE AND PRESCRIBING A PENALTY THEREFOR; AND PRO-
VIDING FOR PUBLICATION OF THIS DESCRIPTIVE CAPTION.
WHEREAS, the City Council finds that the public safety and welfare of the
City of Lubbock is endangered by the presence of dogs that have exhibited vicious
propensities; and
WHEREAS., unrestrained vicious dogs have been responsible for injury to
inhabitants of the City of Lubbock and are thus detrimental to the public welfare; an
WHEREAS., there is a need to assure protection~ both to the public and to
any dog accused of having a vicious nature, during the pendency of a determination
of the nature of such dogs; and
WHEREAS~ the City Council has determined a need for an Ordinance provid
g for such protection and hearing as dogs are now being kept unrestrained within
he City after being accused of having vicious natures., and the City Council deems
he following Ordinance provisions necessary in the public interest; NOW THERE-
ORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That Chapter 4 of the Code of Ordinances of the City of Lub ...
ock BE and the same is hereby amended to read as follows:
CHAPTER 4. Animals and Fowl
Section 4 ... 25 Vicious Dogs
(a) When the City Health Officer is of the opinion that a dog., im-
pounded under Section 4 ... 12 of this Article, is a vicious dog. as sue ·
phrase is herein defined., or when the Health Officer receives infor
mation by affidavit of any person that a dog has bitten, scratched o
otherwise attacked any person within the corporate limits of the Cit
of Lubbock at a time when the person so attacked was not trespass-
ing upon the property of the owner or person having custody or con-
trol of such dog, and was not provoking or teasing such dog. the
'
Health Officer shall make such fact known to the judge of the Corp
oration Court who shall thereupon direct that a hearing be held as
hereinafter provided. If the identity or address of the owner or
person having custody or control of such dog can be determined
with a reasonably diligent search, such person shall first be noti-
fied of the pendency of such hearing and summoned to appear with-
in five (5) days before the Judge of the Corporation Court of the
City of Lubbock, said judge being hereby vested with jurisdiction
for the purpose of hearing such cases. Upon such hearing, the
said Judge shall determine whether the dog is vicious as herein
defined. If it is determined that the dog is vicious, the said Judg
is hereby authorized and directed at his discretion either to order
that the dog be kept muzzled, or that the dog be kept within a suf-
ficient enclosure, or that the dog be destroyed by the animal war ...
den as a public nuisance.
(b) For the purposes of this Article, a vici~us dog is hereby def ...
ined as:
{1) Any dog that shall bite, scratch or otherwise attack any
person or other animal without provocation, while the person
so attacked was not trespassing on the property of the owner
or person having custody or control of such dog and was not
engaged in an assault upon either the owner or person having
custody or control of such dog, or upon any member of the
immediate family, or
(2) Any dog that has otherwise demonstrated fierce or danger ...
ous propensities.
(c) If it is the opinion of the said Judge that the public health and
safety requires such action, he is hereby further empowered to
order the immediate impounding and continued restraint of any
dog for which a hearing has been ordered under the above provis-
ions, pending a determination of its nature in such hearing.
(d) Any owner or person having custody or control of such dog wh
shall attempt to impede the enforcement of this ordinance by refm
ing to abide by the order of the Judge as to proper restrictions OJ
such dog, or by refusing to deliver such dog for impoundage, or
by concealing such dog from the animal warden, or by otherwise
wilfully interfering with the impoundage of such dog shall be guilt:
of a misdemeanor and upon conviction thereof shall be fined in an
sum not exceeding Two Hundred ($200, 00) Dollars.
SECTION 2. Separability. If any section., subsection., sentence., clause.,
or phrase or portion of this Ordinance is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction., such portion shall be deemed a sepa ..
rate., distinct and independent provision and such holding shall not affect the valid-
ity of the remaining portions hereof.
SECTION 3. Publication. The City Secretary is authorized and directed
to cause the publication of the descriptive caption of this Ordinance together with
the penalty provision as an alternative method of publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 11th day of January
Passed by the City Council on second reading this 25th day of January
TT.EST:
PPROVED:
•
., 1967
., 196