HomeMy WebLinkAboutOrdinance - 2009-O0101 - Amending Chapter 4; Disposition Of Chickens Or Ducks In Amusement Games - 10/08/2009First Reading
October 8. 2009
Item No. 6.1
ORDINANCE NO. 2009-oOIOI
Second Reading
October 20. 2009
Item. No. 5.16
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
DISPOSITION OF CHICKENS OR DUCKS IN AMUSEMENT GAMES; PROVIDING
FOR STERILIZATION OF IMPOUNDED ANIMALS; THE DISPOSITION OF
ANIMALS, THE ANIMAL ASSISTANCE PROGRAM; AND FEES FOR
REGISTRATIONS, PERMITS, IMPOUNDMENT, AND ADOPTION; PROVIDING
FOR CRIMINAL PENAL TIES; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the citizens of the City of Lubbock to protect their health, safety, and welfare
to make the following amendments to Chapter 4 of the Code of Ordinances with regard to
the disposition of chickens or ducks in amusements games, the disposition of animals, the
Animal Assistance Program, and fees for registrations, permits, impoundment, and
adoption; and
WHEREAS, the City Council hereby exercises its authority under Article 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 Section 4-4(c)(4) of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
(4) A person sells, gives away, delivers, trades or barters chickens or ducks
for the purposes of prizes or other satisfaction for participating in a
carnival, circus, amusement or any and all other types of game;
SECTION 2. THAT Section 4-12(d)(5) of the Code of Ordinances of the City of
Lubbock, Texas, is hereby added to read as follows:
(d)(S) Impoundment after second offense. If an animal that is not
sterilized is impounded by the City Enforcement Agent for
violating this chapter on two (2) separate occasions, the owner
shall have the animal sterilized on or before thirty (30) days from
the date of release of the animal to the owner. The owner shall
submit documentation to the Animal Services Manager evidencing
the completion of the sterilization. If, in the opinion of a licensed
veterinarian, there is a legitimate health risk justifying the delay of
this surgery, the owner shall sign a written agreement stating that
they will have the animal sterilized within thirty (30) days after the
animal is declared fit for sterilization and submit documentation
evidencing the completion of the sterilization to the Animal
Services Manager. A person who fails to sterilize an animal in
accordance with this section commits an offense. For the purposes
of this section, a legitimate health risk cannot be based solely on
the animal's age. If the animal dies on or before the sterilization
completion date, the owner must provide written documentation to
the Animal Services Manager that the animal has died. If the
animal is lost or stolen before the sterilization date, the owner must
provide written documentation to the Animal Services Manager
stating that the animal is lost or stolen and a police report verifying
the report of theft. The letter shall be delivered not later than the
seventh day after the date of the animal's disappearance and shall
describe the circumstances surrounding the disappearance and the
date of disappearance.
SECTION 3. THAT Section 4-13 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Section 4-13. Disposition of Animals.
(a) The Animal Services Manager may dispose of impounded animals
after the expiration of any required impoundment period by any of the following
methods:
( 1) Adoption:
a. The City Enforcement Agent shall be authorized to place
for adoption dogs or cats impounded by the City under the
following conditions:
(i) The City Enforcement Agent shall detennine
whether a dog or cat is healthy enough for adoption
and if its health and age are adequate for
vaccination. However, such decision shall not
constitute a warranty of the health or age of the
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(ii) There will be an adoption fee for all dogs and cats
at an amount set by resolution of the City Council.
The fee will include the cost of sterilization,
vaccination, implantation of a microchip, and
licensing.
(iii) All animals adopted from the Animal Services
Facility shall be implanted with a microchip,
vaccinated against rabies, and sterilized. The
adopting person shall have the animal sterilized on
or before thirty (30) days from the date of adoption.
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The adopting person shall submit documentation to
the Animal Services Manager evidencing the
completion of the sterilization. If, in the opinion of
a licensed veterinarian, there is a legitimate health
risk justifying the delay of this surgery, the person
adopting the animal shall sign a written agreement
stating that they will have the animal sterilized
within thirty (30) days after the animal is declared
fit for sterilization and submit documentation
evidencing the completion of the sterilization to the
Animal Services Manager. A person who fails to
sterilize an animal in accordance with this section
commits an offense. For the purposes of this
section, a legitimate health risk cannot be based
solely on the animal's age.
b. If an adopted animal dies on or before the sterilization
completion date, the adopting person must provide written
documentation to the Animal Services Manager that the
animal has died.
c. If an adopted animal is lost or stolen before the sterilization
date, the adopting person must provide written
documentation to the Animal Services Manager stating that
the animal is lost or stolen and a police report verifying the
report of theft. The letter shall be delivered not later than
the seventh day after the date of the animal's disappearance
and shall describe the circumstances surrounding the
disappearance and the date of disappearance.
d. The City Enforcement Agent may reclaim an adopted
animal if the Animal Services Manager has not received
confirmation of the sterilization as required.
(2) The City Enforcement Agent may offer the animal to an animal
welfare group that has a signed Transfer Agreement for Dogs and
Cats on file with the City Enforcement Agency provided that the
group sterilizes and microchips the animal prior to placing it into
an adoptive home;
(3) The City Enforcement Agent may temporarily place the animal in
a foster home that has a signed Foster Agreement for Dogs and
Cats on file with the City Enforcement Agency;
(4) The City Enforcement Agent may humanely euthanize the animal
by methods approved by the American Veterinary Medical
Association or the Texas Department of State Health Services.
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(b) The choice of which of these options to use shall be made at the sole
discretion of the City Enforcement Agent unless otherwise mandated by a court
order.
(c) Any impounded registered or unregistered 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
Services Manager or which, due to its extremely violent nature, poses a
substantial risk of bodily harm to the safety of Animal Services staff, may be
humanely euthanized at any time during its holding period by the City
Enforcement Agent. In the event such an animal is wearing an identification tag
on its collar or harness, the City Enforcement Agent shall attempt to notify the
owner by telephone before taking action.
(d) It shall be an affirmative defense to prosecution of the owner if he or
she can show that, at the time of its impoundment, the animal that was at large
due to a major natural disaster, fire, criminal or negligent acts of a third party who
was not residing at the animal owner's residence. In such event, the owner shall
only be subject only to the provisions of this chapter that require a current rabies
vaccination and city registration. An owner's claim of a fire or the criminal or
negligent acts of a third party must be proven in one (I) or more of the following
manners:
( 1) A certified copy of a city police or fire report verifying the
incident; or
(2) The affidavit of city police or fire personnel with direct knowledge
of the incident.
(e) It shall be unlawful for a person to fail or refuse to deliver an
unregistered or unvaccinated animal to a City Enforcement Agent or police
officer upon demand for impounding.
SECTION 4. THAT Section 4-24 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Section 4-24. Animal Assistance Program.
(a) Identification fees established in this Chapter shall be used for the
purpose of sterilizing dogs and cats in accordance with Section 4-24, to promote
the sterilization program, other medical assistance as needed, and for
administrative costs related to the Animal Assistance Program.
(b) The department shall use the Animal Assistance Program to establish
and implement an animal population control program pursuant to this statute. The
purpose of this program shall be to reduce the population of unwanted and stray
dogs and cats by encouraging the owners of dogs and cats to have them sterilized,
thereby reducing potential threats to public health and safety.
(c) Any resident of the City of Lubbock, who owns a dog or cat and who
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is eligible to receive any type of financial assistance from the government due to
the owner's lack of income may participate.
(d) The Animal Services Manager, with permission from the Public
Health Director, may allow members of the general public to participate in this
program for limited times or for special promotions. The program's first priority
shall always be to assist low-income pet owners.
(e) It shall be a violation of this ordinance for any person to knowingly
falsify proof of eligibility for, or participate in, any program under this chapter, or
to furnish any licensed veterinarian with inaccurate information concerning the
ownership of an animal submitted for a sterilization procedure, or to furnish the
City Enforcement Agent with false information concerning an animal sterilization
fee schedule or an animal sterilization certificate submitted pursuant to this
section, or to otherwise violate any provision of this section.
(f) The Animal Services Manager, with the approval of the Public Health
Director, shall adopt rules relative to the format and content of all forms required
under this chapter, proof of eligibility, administration of the program, and any
other matter necessary for the administration of this program.
SECTION 5. THAT Section 4-40 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Section 4-40. Fees for Registrations, Permits, Impoundment, and Adoption.
(a) The cost of registrations and permits shall be as follows and from this
date on will be reviewed and revised, if necessary, pursuant to Section 1-10 of the
City of Lubbock's Code of Ordinances:
Dog and cat registration, annual ............................................. $5
This fee shall be waived if the owner of the animal is Social Security
eligible disabled, sixty-five (65) years of age or older or provides proof of
receiving financial assistance from the government due to the owner being
considered low-income. This fee shall also be waived for animals that are
used by law enforcement agencies and for assistance animals.
Dangerous animal permit.. ........................................ $1 00
Dangerous Wild Animal permit, annual ........................ $100
Euthanasia Fee for City residents ................................ $1 0
This fee for City residents shall be waived if the owner of
the animal is Social Security eligible disabled, sixty-five
(65) years of age or older or provides proof of receiving
financial assistance from the government due to the owner
being considered low-income. This fee shall also be
waived for animals that are used by law enforcement
agencies and for assistance animals.
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Euthanasia Fee for Non-City residents .......................... $20
Animal Establishment, Pet Shop, or Animal Dealer Permit,
annual.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 00
Pet Grooming Facility permit ................................... $35
Multi-Pet Permit Application Fee ............................ No charge
Wildlife Educational Center permit, annual ................. No charge
Duplicate registration ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. .. $2
(b) The cost of reclaiming animals from the city Animal Services Facility
shall be as follows:
Impoundment (per animal) ................................................ $50
This fee will be waived if the impounded animal is sterilized, has a current
rabies vaccination certificate, and is identified by some means of traceable
identification.
Boarding fee (daily for all or part of any one day) ..................... $7
Microchipping Fee ........................................................... $10
Rabies vaccination fee ........................................................ $10
Rabies Quarantine Fee (includes boarding fee, veterinarian health check,
rabies vaccination, testing fees, tag and microchip) .................... $1 00
Small animals (sheep, goats, etc.):
Capture and impoundment, per head ...... ; .............................. $25
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Boarding, per head per day ................................................. $7
Large animals (cattle, horses, etc.):
Capture and impoundment, per head ...................................... $45
Boarding fee, per head per day ............................................ $15
(c) The cost of adopting an animal from the city Animal Services Facility
shall be as follows:
Dogs, Cats, Ferrets, Reptiles, Birds and others .......................... $60
(d) The cost of releasing animals to Animal Services by agencies or
individuals residing outside of Lubbock city limits shall be as follows:
Non-resident release fee ............................................................... $20
(e) The Health Director or Animal Services Manager shall have the
authority to refund, reduce, or waive fees under this chapter, if, in his
determination, that such refund, reduction or waiver of fees is in the public
interest of the City of Lubbock. Any refund or waiver of fees shall be
documented. The Animal Services Manager shall have the authority to waive or
reduce such fees in cases of special pet adoption promotions.
(f) Citations may be issued for failure to pay applicable fees.
SECTION 6. THAT violation of any provision of this ordinance shall be deemed
a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 7. THAT should any paragraph, section, clause, phrase or word ofthis
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 8. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 8th day of October , 2009.
Passed by the City Council on second reading this 20th day of October , 2009.
T M MARTfN, MAYOR
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ATIEST:
APPROVED AS TO CONTENT:
~ssistant City Manager
APPROVED AS TO FORM:
~~cyAttomey
as/ Ani mal ordinance-amend09
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