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HomeMy WebLinkAboutOrdinance - 7083-1975 - Amending Ch. 4 By Repealing Present Article I, II And III - 05/22/1975..... KJ:dw ORDINANCE NO. 7083 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK. TEXAS, BY REPEALING THE PRESENT ARTICLE I, II AND III THEREOF AND ENACTING NEW ARTICLES I, II, III AND IV IN LIEU THEREOF, PROVIDING AS FOLLOWS: PROVIDING FOR DEFINITIONS BELA TING TO ANIMALS AND FOWLS; PROHIBITING THE KEEPING OF WILD ANIMALS; PROVIDING FOR CHICKENS, GEESE, PIGEONS, RABBITS; PROVIDING FOR VEHICLES USED IN HAULING ANIMALS; PROVIDING FOR RABIES CONTROL; PROVI- DING FOR CONTROL OF DOGS GENERALLY; PROVIDING FOR AN ANIMAL SHELTER; PROVIDING FOR IMPOUNDMENT; PROVIDING FOR RECLAIM- ING IMPOUNDED ANIMALS; PROVIDING FOR LICENSING OF DOGS; PROVIDING FOR ENFORCEMENT; RE-NUMBERING THE PRESENT ARTIC E IV TO ARTICLE V; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS., the City Council, after receiving the recommendations of the City-County Health Board. has determined that the changes in the Ordinances governing animals and fowls., as indicated herein below, would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I SECTION 1. THAT Chapter 4 of the Code of Ordinances of the City of Lubbock, BE and is hereby amended by repealing Articles I, II and III thereof and adopting new Articles I, II, III and IV as set forth in Section 2 herein below in lie:u thereof; SECTION 2. THAT Chapter 4 of the Code of Ordinances of the City of Lubbock, BE and is hereby amended by adopting new Articles I, II, Ill and IV which shall read as follows: Article I. In General SECTION 4-1. DEFINITIONS For the purpose of this Ordinance, the following terms. phrases, words., and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the singular include the plural. The word "shall11 as used herein, is always ·mandatory and not merely directory. The masculine includes the feminine. KJ:dw (1) Animal: Any vertebrate creature of the animal kingdom excluding man. (2} Animal Shelter: Any establishment authorized by the City for the confinement.,, maintenance, safe- keeping, and control of dogs or other animals which come into the custody of the City Enforcement Agent in the performance of his official duties. ( 3) At Large: Any dog off lead leash or chain or not securely restrained within a fenced-in area. (4) Auctions: Any place or facility where animals are regularly bought., sold, or traded, except for those facilities otherwise defined in this ordinance. This section does not apply to individual sales of animals by owners. (5} Circus: A commercial variety show featuring animal acts for public entertainment. (6} Guard Dog: A dog trained and used in law enforcement functions and protective functions., responsive to control by his owner and used only for these authorized purposes. (7) City Enforcement Agent: The Chief Animal Warden shall be responsible for the enforcement of this chapter and the regulations promulgated herein, unless otherwise provided. (8) Kennel: An establishment wherein any person engages in the business of boarding. breeding .. buying .. letting for hire., selling dogs or cats, or engaged in the training of dogs for guard or sent11y purposes, with the exception of veterinary hospitals which do not board well animals., pet shops, grooming parlors., and shelters. The keeping of four (4) or more dogs over the age of four (4) ·months shall constitute the operation of a kennel. -2- KJ:dw (9) Licensed Veterinarian: Any person with a Doctor of Veterinary Medicine Degree licensed to practice in the State of Texas. (10) Owner: Any person., partnership., or corporation owning., keeping., or harboring one or more animals, (11) Pet: Any animal kept for pleasure rather than utility, (12) Public Nuisance: Any animal or animals which: (a) Molests passersby or passing vehicles. (b) Attacks other animals. (c) Trespasses on school grounds, (d) Is repeatedly at large. {e) Damages private or public property. (f) Barks., whines., or howls in an excessive, continuous, or untimely fashion. (g) Produces odors or unclean conditions capable of annoying persons living in the vicinity. (13) Restraint: Any dog secured by a leash or lead and under the immediate physical control of the person having custody thereof or within an escape- proof structure so as to contain such dog and prevent such dog from being at large. (14) Veterinary Hospital: Any establishment main- tained and operated by a licensed veterinarian for surgery., diagnosis and treatment of diseases and injuries of animals. (15) Vicious Dog: (1) Any dog that shall bite, scratch., or o·therwise 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 anassait 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 -3- KJ:dw has otherwise demonstrated a fierce or dangerous propensity or tendency to do any act which might endanger the safety of persons or property in a given situation. {16) Wild Animal: Any live monkey, raccoon, skunk., fox, poisonous snake., leopard., panther., tiger., lion., lynx., or any other warm -blooded animal which can normally be found in the wild state. SECTION 4-2. FOWL PROHIBITED FROM RUNNING AT LARGE It shall be unlawful for the owner or person in charge of any domestic fowl to permit the same to run at large within the City., and no person shall release or cause to run at large any domestic fowl within the corporate limits of the City. SECTION 4-3. KEEPING OF WILD ANIMALS The owner or other person having the responsibility of caring for any wild animal shall not keep., maintain or bring such animal within the corporate limits of the city., unless such animal is securely caged or maintained and kept by a leash of sufficient strength and durability to restrain such animal at all times upon premises belongirg to or under the control of the owner or other person having the duty to care for such anhnal., or uppn premises where due consent has been given for the keeping., maintaining or possessing of any such animal. Any person who shall wiJ.Iiilly or negligently fail to restrain any such animal in the manner provided for above shall be guilty of maintaining a nuisance. SECTION 4-4. KEEPING OF CHICKENS, GEESE, ETC., UNDER CERTAIN CONDITIONS CONSTITUTES A NUISANCE. The keeping or causing to be kept any chickens., geese. ducks, guineas, pigeons or rabbits in pens or -4- J:dw enclosed areas kept in such a ·manner as to become offensive, producing odors capable of annoying persons living in the vicinity, or kept in an unclean condition, is hereby declared ·to be a nuisance subject to abatement as provided for in Section 15-29 to 15-34 of this Code. SECTION 4-5. REMOVAL OF VEHICLES USED FOR HAULING ANIMALS AND FOWL. The failure on the part of the owner, operator, agent or driver of any truck, trailer or other vehicle that has b~en used for the hauling of any livestock, animals or fowl, when parked in or on any highway, street, alley, vacant lot or tract of land., either public or private, or in any service s ·tation or garage within the corporate limits of the City, to move such truck, trailer or other vehicle, con- taining manure or excreta.,ur liquid discharge or such live- stock, animals or fowl, when notified by the Director of the Department of Public Health of the City to move such truck, trailer or other vehicle, to such location as will not disturb the inhabitants of the City by reason of the odor, gases or fumes caused by the contents of the truck, trailer or other vehicle, 1$ hereby declared to be a nuisance, sub- ject to abatement as provided for in Section 15-29 to 15-34 of this Code. Article II. Rabies Control SECTION 4-6. RABIES. (a) It shall be unlawful for any person to own or harbor a dog over the age of six months without a valid rabies vaccination. (b) Persons bringing dogs into the area shall have readily available, as proof of vaccination, a valid rabies certifi- cate signed by a licensed veterinarian or issued by an -5- KJ:dw approved governmental agency. Animals which do not qualify shall either be immediate ]y re·moved from the area or be vaccinated by a licensed veterinarian. (c) Any animal which bites a person or displays symptoms commonly associated with '.rabies shall, unless otherwise directed, be impounded by the Animal Warden and quarantined for observation at the City Animal Shelter under supervision of the Health Department for a period of 10 days. Special confinement may, at the discretion of the City Enforcement Agent and the written consent of the person bitten, be permitted on the premises of the animal's owner under the supervision of the Health Department for a period of 10 days. A bite is herein defined to be a wound inflicted by such animal which breaks the skin of the person attacked. (d) The City Enforcement Agent may allow, at the owner's request, special confinement and order the animal surrendered to an approved kennel, or veterinary hospital for a period of 10 days and such confinement shall be at the owner!-s expense. In the event any dogs are con- fined to the City Animal Shelter or veterinary hospital,. such animals shall not be released to the owner unless and until such animal is administered a rabies vaccination and licensed at the expense of the owner., provided., however, rabies vaccination shall not be necessary in the event such owner exhibits proof that the animal has received a current rabies vaccination. (e) No person shall knowingly allow such confined animal to escape, or sell,. give away, or otherwise dispose of such animal before the expiration of the quarantine period. SECTION 4-7. OBSERVATION OF IMPOUNDED ANIMAL; PERIOD OF CONFINEMENT. When any animal has been impounded by the health officer or his authorized representative under the provisions of this article., the health officer or his authorized repre- sentative shall ·make such observations as are dee·med necessary to determine whether such animal is infected with rabies. Such animal shall be kept for purposes of observation for a period of time not less than TEN (10) days. -6- KJ:dw SECTION 4-8. CERTAIN IMPOUNDED ANIMALS TO BE KILLED; HEAD SENT TO LABORATORY. If any animal impounded or reduced to the possession of the health officer of his authorized representative under the provisions of this article. becomes restless. irritable or shows signs of paralysis it shall be killed under the direction of the health officer or the director of public health and the head sent to a proper laboratory for diagnosis. SECTION 4-9~. SAME -NOTICE TO OWNER. When any dog has been retained for observation purposes,. the animal warden shall,. at the end of the observation period, when such dog is found not to be infected with rabies or other diseases, notify the owner or claimant of such dog. if known to the warden,. that possession of the dog ·may be secured by causing it to be duly licensed and vaccinated. SECTION 4~0. SAME -DISPOSITION OF DOG IF NOT REDEEMED WITHIN THREE DAYS AFTER NOTICE. If any dog is not redeemed within three days after the notice provided for in the preceding section has been given,. then the dog shall be treated and disposed of as other impounded dogs. SECTION 4-U,. NOTICE TO KEEPER OF ANIMAL SUS- PECTED OF HAVING RABIES; INTERFERENCE WITH HEALTH OFFICER. Whenever the health officer or the director of public health has good reason to believe ·that any dog or other animal is infected with rabies he shall notify the keeper. harborer or persons claiming any such animal of his belief and it shall thereafter be unlawful for any person having such notice to in any manner interfere with such officer or his authorized representative in taking possession of the animal for the purpose of examination to determine if such animal is in fact infected with rabies. -7- ) KJ:dw SECTION 4-li. DUTY OF KEEPER WHEN NOTIFIED THAT ANIMAL HAS OR IS SUSPECTED OF HAVING RABIES. When any person has been notified by the health officer or any authorized representative that any dog or animal in his possession or under his custody or control is infected with rabies, or is reasonably suspected of being infected with rabies. it shall be the duty of such person to immed- iately deliver such animal to the health officer of his authorized representative for the purpose of the quaran- tining and observation of such animal. SECTION 4-l3.. KEEPING OF RABID ANIMALS OR ONE SUSPECTED THEREOF PROHIBITED; EXCEPTION. It shall be unlawful for any person to knowingly keep. harbor or maintain any dog or other animal within the cor- porate limits of the City which is infecteci,,with rabies, or to keep, harbor or maintain any dog or other animal after having been notified by the health officer. director of public health or an authorized representative that such animal is infected with rabies or that such officer has good reason to believe that ·the animal is infected with rabies, unless the animal is kept under directions and conditions required by the health officer. Article III. Dogs Generally SECTION 4-l-4. RESTRAINT (a) All dogs shall be kept under restraint. (b) All owners shall exercise proper care and control of their dogs to prevent the·m from becoming a public nuisance. Enforcement of this sub-section shall be by the filing of a complaint, by a witness to such act, in Municipal Court. (c) Every vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner and shall be kept at that said owners peril. Attack-trained animals shall only be owned and worked by the City Police -8- KJ:dw Department. Guard dogs., as defined in this chapter., shall be permitted only when used as authorized and closely supervised and controlled by an adult person capable of handling such a potentially dangerous animal. SECTION 4-15, VICIOUS DOGS. (a) When the City health officer 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 health officer receives information by affidavit of any person that a dog has bitten scratched or otherwise attacked any person within the corporate Hmits of the City of Lubbock at a time when the person so attacked was not .trespassing upon the property of ther owner or person having custody or control of such dog., and was not provoking or teasing such dog., the health officer shall make such fact known to the judge of the Municipal Court who shall thereupon direct that a hearing be held as hereinafter provided. If the identity of 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 notified of the pendency of such hearing and summoned to appear within five (5) days before the judge of the Municipal 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 judge 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 sufficient enclosure, or that the dog be destroyed by the animal warden as a public nuisance. (b) 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 i'mmediate impounding and continued restraint of any dog for which a hearing has been ordered under the above provisions., pending a determination of its nature in such hearing. (c) Any owner or person having custody or control of such dog who shall attempt to impede the enforce- -9- KJ:dw ment 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 animal warden, or by other- wise willfully interfering with the impoundage of such dog shall be guilty of a misdemeanor and upon conviction thereof sl'Rll be fined in any sum not exceeding two hundred dollars ($200. 00). SECTION 4-16. ANIMAL CARE (a) No owner shall fail to provide his animals with sufficient good and wholesome food and water, ,proper shelter and protection from the weather. veterinary care when needed to prevent suffering, and with humane care and treal::ment. (b) No person shall beat, cruelly ill treat, torment, overwork, or otherwise abuse an animal, or cause., instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals and humans. This shall not be interpreted to prohibit rodeos., roping contests or similar events. (c) No owner of an animal shall abandon such animal. (d) No person shall crop a dog's ears except a licensed veterinarian. (e) Chickens or ducklings younger than eight weeks of age may not be sold in quantities of less than twenty- five to a single purchaser, nor shall any person dye or color any such animal for the purpose of commemorating Easter or any other holiday. (f) Any person who, as the operator of a motor vehicle., strikes a domestic animal shall at once report such accident to the animal shelter. (g) No person shall expose any known poisonous sub- stance., whether mixed with food or not, so that the sa·me shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose on his own property common rat poison ·mixed only with vegetable substances, -10- KJ:dw V (h) ehforce·ment of this section shall be in accordance with State Law or by the filing of a complaint, by a witness to such act, in Municipal Court. Article IV. Animal Shelter SECTION 4-17,. ANIMAL SHELTER. (a) ESTABLISHMENT OF ANIMAL SHELTER: The City Council shall select and establish a place within the City for the operation and maintenance of an Animal Shelter. (b) AUTHORITY OF CITY ENFORCEMENT AGENT: The City enforcement agent shall have the authority to perform such duties as are prescribed herein. SECTION 4-18. IMPOUNDMENT. (1) It is the duty of the City enforcement agent to take up and impound in the Animal Shelter any dog deemed to be not under restraint or any animal kept or maintained contrary to this Ordinance and to accept any animal delivered to the Animal Shelter which the City enforcement agent is according to this Ordinance required to impound. (2) No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner, for more ·than twenty-four (24) hours without first reporting the possession of such ani:mal to the supervisor of the Animal Shelter, giving his name and address, a true and complete statement of the circumstances under which he took up the animal, a description of the animal, and the precise location where such animal is confined. (3) 1t is unlawful for a person taking up an animal to fail to give the notice required above, and for any person having such animal in his possession to fail or refuse to i'mmediately surrender such animal to a City enforcement agent upon demand thereof. (4) The City enforcement agent or his designated deputies upon receiving any animal, shall make a complete registry, entering the breed, the color and sex of such animal and whether licensed and the place and time of -11- KJ:dw =----=====II~==================================*== taking into custody. If the animal has been licensed. he shall enter the name and address of the owner and the number of the license tag., Licensed dogs shall be kept separated from unlicensed dogs. (5) If by a license tag., the owner of an impounded animal can be identified, the City enforcement agent shall as soon as possible upon impoundment, notify the owner by tele- phone or mail. (6) Impounded unlicensed dogs shall be kept for not less than 3 days., unless earlier reclaimed by the owner under acceptable conditions; and impounded licensed dogs shall be kept for not less than 10 days, unless earlier reclaimed by the owner under acceptable conditions with the exception of an owner delivering their own animal to the Animal Shelter. Such animal may either be destroyed or put up for adoption after expiration of the impoundment period. (7) The supervisor of the Animal Shelter may dispose of impounded animals one day after the required impound- ment period and may either sell or destroy said animal in a humane manner. (8) Any impounded licensed or unlicensed animal which apparently is suffering from serious injuries and is in great pain and probably will not recover. or which has evidence of any infectious disease which is a danger to other animals or to man., may be destroyed immediately by the City enforcement agent in a humane manner after an effort to notify the owner of a licensed dog has failed. SECTION 4-1,9,. IMPOUNDMENT BY PRIVATE PERSON - AUTHORITY GENERALLY. Any person may take up and deliver to the City Animal Shelter any dog which the animal warden is., by the provisions of this division, required to impound. SECTION 4-20. SAME -FOR TRESPASSING OR RUNNING AT LARGE ON PRIVATE PROPERTY. Any dog fqund trespassing or running at large on any private property may be taken up by any person and delivered to the animal shelter. -12- KJ:dw SECTION 4-21-; SAME -NOTICE AND DELIVERY TO WARDEN; DISPOSITION OF DOG. Every person, other than a police officer, the animal warden or his deputies that takes up any dog under the provisions of this division shall immediately thereafter give notice thereof to the animal warden, and every such person, or illlY person in whose cutody such animal may in the mean- time be place, shall deliver such dog to the animal warden, without fee or charge, and the animal warden shall there- upon hold and dispose of such animal as though such animal had been found running at large and impounded by him. SECTION 4-22. RIGHT OF ENTRY FOR PURPOSE OF SEIZING AND IMPOUNDING. The animal warden, his deputy and city policemen are hereby authorized to enter upon any unfenced lot, tract or parcel of land for the purpose of seizing and impounding any dog running at large thereon. SECTION 4-23. RECLAIMING ANil\,iALS -IMPOUNDMENT FEES. An owner reclaiming an impounded animal shall pay an impoundment fee of $10. 00 for the 1st impountment: $20. 00 for the second .impoundment: and $30. 00 for the third impoundment and subsequent impoundments. The owner shall also pay $2. 50 for board charge for each day such animal has been impounded plus a $5. 00 rabies vaccination fee and a $2. 00 license fee if applicable. SECTION 4-24. ADOPTING ANIMALS. The new owner adopting a dog shall pay a fee of $5. 00 for the cost of a rabies vaccination for such animal and a fee of $2. 00 for the cost of the license for such animal if such are not already secured. SECTION 4-25. CITATIONS ISSUED. In lieu of impounding a dog found not under .restraint or an animal deemed to be a public nuisance, the City enforcing agent may issue to the known owner of such dog or animal a notice of ordinance violation. Such notice shall -13- KJ:dw require the dog1s owner to appear in Municipal Court and a $10. 00 fine shall be assessed by the Court for the first offense. In the event that such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before a magistrate and upon conviction of a violation of this ordinance, the owner shall be punished as provided in Section -t ~43of this ordinance. SECTION 4-26. REDEEMING DOG FROM PURCHASER. The owner of any dog at the time it is impounded may within thirty (30) days after such dog is sold, redeem the same from such purchaser by paying to him the amount of the purchase price paid by him to , the animal warden and in addition thereto, the licensing fee and vaccination charges,. if any were incurred, and in addition thereto, a charge of one dollar per day for number of days from the date of sale to the day of redemption. At the end of thirty days from the day a dog is sold, the right to redeem shall expire. The owner of an impounded animal may also be proceeded against for violation of this ordinance. SECTION 4-2'l.. RECORDS OF IMPOUNDED ANIMALS. The City enforcement agent shall keep such records as are required to show in detail the disposition of all animals impounded and the money collected by him and such other records as are required by the City Auditor. All money collected shall be delivered as required by the City Auditor, who will deposit it in a special fund for public education and capital improvements for the animal shelter. The City enforcement agent shall file such reports under oath as are required by the Cit:w Auditor or the City Council. SECTION 4-28. MAINTENANCE OF ANIMAL SHELTER. The City enforcement agent shall be responsible for the general maintenance of the animal shelter as outlined in the general policy. SECTION 4-29. LICENSES -REQUIRED. (a) Any person owning, keeping, harboring, or having -14- KJ:dw .. custody of any dog over six months of age within this municipality must obtain a license as herein provided. Tltis provision may not apply for seeing-eye dogs or govern·mental police dogs. SECTION 4-30. LICENSES. :t (a) Licenses shall expire one year from the date issued if not 1revoked and must be renewed before or upon that date. (b) Upon immunization of an animal against rabies by a licensed veterinarian, payment of a license fee of $2. 00 and a written application stating name,. address., and description of animal, the City enforcement agent or a veterinarian appointed for such purpose may issue to the owner a license certificate and a metallic tag for each animal so licensed. The tag shall have stamped thereon the year for which it is issued and the number corresponding with the number on the certificate. SECTION 4-.31. COLLAR WITH LICENSE WORN BY DOGS. All dogs six months or older must wear a collar or harness securely attached to its body to which shall be securely attached a current license tag. SECTION 4-32. FAILURE TO OBTAIN OR ATTACH LICENSE. Any person who fails to obtain a current license tag or fails to attach said tag to the dog's collar or harness will be subject to a warning ticket upon first violation and upon second violation a fine of $10. 00. SECTION 4-3.3. DUPLICATE LICENSE -TRANSFER OF LICENSE. A duplicate license or transfer of license may be obtained upon payment of a $2. 00 replacement or transfer fee. SECTION 4-34. IMPROPER USE OF LICENSE -REFUND. No person may use any license for any dog other than the dog for which it was issued and no refunds shall be made on any dog license fee because of the death of the dog or the owner1s leaving the City before the expiration of the license period. -15- KJ:dw =..__,.=====tt=====================================I== ) SECTION 4-35. LICENSE -ISSUANCE BY VETERINARIAN. The chief animal warden is hereby authorized to appoint duly licensed veterinarians as deputy animal wardens for the limited purpose of issuing dog licenses under the supervision and direction of the chief animal warden. Such appointments shall be gratuitous and all licenses issued by the appointees shall be on numbered forms and tags furn- ished by the chief animal warden, subject to the provisions of this article and any other rules and ordinances relating to the issuance of such licenses. SECTION 4-36. SAME -ACCOUNTING BY VETERINARIANS. Each veterinarian appointed under the provisions of the above section 4-36 of this Code shall account to the chief animal warden monthly for all licenses and tags issued and make remittances to the chief animal warden for fees collected at the times so designated. SECTION 4-37. INSPECTION TO SEE IF DOG LICENSED; RIGHT OF ENTRY FOR SUCH PURPOSE. The animal warden or his authorized deputies shall have the right., at any reasonable time., to inspect any dog to de- termine if it is licensed as required by this division and shall have the authority to enter any pre·mises for such purpose, and it shall be unlawful for any person to refuse entrance to such animal warden or his deputies or to impede., obstruct or exclude such animal warden or his deputies when attempting to enter such premises for the purpose of inspee ting such dog. and any person who shall refuse entrance or i:mpede or obstruct such animal warden or his deputy shall be guilty of a misd€'meanor. SECTION 4-as. ANIMAL WARDEN TO KEEP RECORDS; DISPOSITION OF MONEY COLLECTED. The animal warden shall keep records as are required to show in detail the disposition of all animals impounded and the money collected by him and such other records as are required by the City Auditor. All money collected shall be delivered as required by the City Auditor, who will deposit it in the general fund. -16- .., ' . -. " KJ:dw -.___,.;::====tt===========================~~= SECTION 4-39. FILING OF SWORN REPORTS BY WARDEN. The anhnal warden shall file such reports under oath as are required by the City Auditor or the City Council. SECTION 4-40. INTERFERENCE WITH IMPOUNDING OFFICERS. Any person who shall interfere with or attempt to prevent the animal warden. any of his deputies or any city policeman from catching or impounding any dog running at large, whether on public or private property, shall be guilty of a misdemeanor. SECTION 4-4L. REFUSAL TO DELIVER UNLICENSED OR UNVACCINA TED DOG. Any person who shall refuse to deliver any unlicensed or unvaccinated dog to the animal warden, any of his deputies or any city policeman upon demand fQr impounding shall be guilty of a misdemeanor. SECTION 4-,4~. ENFORCEMENT. The chief animal warden shall be responsible for the enforcement of this chapter and the regulations promul- gated herein, except as herein provided. In addition, witnesses to violations of this chapter may institute enforcement by the filing of a complaint in Municipal Court. SECTION 4-43. PENALTIES. Any person violating any provision of this chapter shall be deemed guilty of a misde·meanor and, unless otherwise provided herein, shall be punished by a fine of not less than $25. 00 nor more than $200. 00. Continuing or repeated violations shall be deemed as separate violations. SECTION 3. THAT the present Article IV of Chapter 4 of the Code JOf Ordinances, City of Lubbock, entitled "Livestock" BE and:is he~e}?,y,re- numbered Article V. SECTION 4. THAT should any section, paragraph, sentence., clause, phrase or word of this ordinance be declared unconstitutional or invalid for -17- :,.· KJ:dw any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this 6rdinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this22 day of May • 1975. Passed by the Council on second reading this..ll..._day of June , 1975, ROY BASS, MAYOR ATTEST: Treva Phillips, I APPROVED AS TO FORM: