HomeMy WebLinkAboutOrdinance - 2002-O0034 - Amending Chapter 4 Of Code With Regard To Animal Care; Fees, Shelter Committee - 03/28/2002First Reading
March 28, 2002
Item No. 18
Second Reading
April 11, 2002
Item No. 15
ORDINANCE NO. 2002-oOOY.J
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ANIMAL CARE GENERALLY; FEES FOR LICENSES, PERMITS AND
IMPOUNDMENTS; REPEAL OF ORDINANCE NO. 8358; CREATION OF THE
ANIMAL SHELTER ADVISORY COMMITTEE; PROVIDING FOR CRIMINAL
PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock desires to temporarily set
certain fees for licenses, permits and impoundment until such time the Animal Shelter
Advisory Committee can evaluate and recommend a permanent fee structure; and
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the
best interest of the health, safety, and welfare of the citizens of Lubbock to make the
following amendments to Chapter 4 of the Code of Ordinances with regard to animal
care generally, fees for licenses, permits and impoundments, and the creation of the
Animal Shelter Advisory Committee; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 4-4 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 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:
(1) A person other than a licensed veterinarian docks an
animal's tail or crops an animal's ears;
(2) A person sells, delivers, trades or barters a dog, cat or
rabbit less than six (6) weeks old;
(3) A person dyes or colors chicks, ducks or rabbits;
(4) A person sells, delivers, trades or barters chickens or
ducks less than three (3) weeks old in lots of less than
twenty-five (25) animals;
(5) A person abandons or dumps any animal;
(6) A person who is in conlrol of a rnotor vel1icle which
strikes a clomt:stic anirnal fai Is to report the accident to the
city animal comrol facility as soon as possible;
(7) A pt:rson trt:ats an animal in an inhumane or cruel m<~nner
a. defined by Section 42.11, Penal Codt: and Chapter 821.
Health & Safety Code;
(8) A person causes an animal to fight another animal or
person (tllis chapter shall not be interpreted to restrict
roueos. 4H Clubs or FFA Club activities and operations):
(9) A persun fails to provide his <mimal with adequate
wholesome rood and water, proper shelter and protection
from inclerm:nr weather and veterinary care when needed
t·o prevent suffering;
( 10) A person. firm or corporation shall raise or kill a dog or
cat for the skin or fur:
(11) A person, finn or corporation shall mutilate any animal.
whether such animal is dead or alive (medical or
veterinary medical research. medit:al or veterinary
meclic:ll autopsies. and biology class usc of animals shall
not be considered mutilation):
( 12) A person shall en(lage or allow another to engage m any
sexual act with an animal:
(13) A person allov.;s a stray animal to remain on their property
without noti!yin~ the city animal control 1~1cility of such
fact within twenty-four (24) hours:
( 1-t.} A person transporting an animal fails to effectively
restrain such animal so as to prevent the animal from
leaving or being accidentally thrown fi·om the vehicle
during normal operation of the vehicle or fails to restrain
the animal so as to prevent infliction of bodily h<~rrn to
passerby.
( 15) A person who owns or is in control of an animal permits
such animal to be at large within the City of Lubbock; or
( 16) A person who ereates, maintains, permits or causes a
public nuisance, as defined in this Chapter.
SECTION 2. THAT Section 4-33 of the Code of Ordinances of the City of
Lubbock. Texas , is hereby amended to read as follO\vs:
Sec. 4-33. Fees for licenses. permits and impoundment.
(a) The cost of licenses and permits shall be as follows:
Dog ami cal license. annual . . . . . . . . . . . . . . . . . . . . . . $ 2.50
Dangerous animal, annual . . . . . . . . . . . . . . . . . . . . . . . . 100.00
Guard dog, annual (except l.:ity owned animals) . . . . . . . . . . 50.00
Kennels. commercial. annual . . . . . . . . . . . . . . . . . . . . . . 50.00
Wild animal permit, annual (per location) ............... 50.00
Pet shop or animal dealer. annual . . . . . . . . . . . . . . . . . . . 50.00
Grooming. parlor. annual . . . . . . . . . . . . . . . . . . . . . . . . 35.00
Stables. commercial. annual ......................... 50.00
Stables , noncommercial , annual ................... . 10.00
(h) ThL' cost of reclaiming animals from the City Animal Control facility
shall he as follows:
Animal s requiring a license or permit:
First impoundment . . . . . . . . . . . . . . . . . . . . . . . $ 35.00
Second impoundment . . . . . . . . . . . . . . . . . . . . . . 50.00
Third and subsequent impoundments within one
year* (fee will be reimbursed if the animal is
sterilized within thirty (30) days after any
impoundment (or if already sterilized the fee sllall he
rcduceJ. by $15). . . . . . . . . . . . . . . . . . . . . . . . . 65.00
Boarding fee (daily for all or pan of any one day) . . . 5.00
Rabies vaccination fee . . . . . . . . . . . . . . . . . . . . . l 0. 00
3
*The animal contro.l supervisor may request a
hearing to determine if an animal is a dangerous
animal after the third impoundment or the animal
within one year.
Small animah (sheep. goats. etc.):
Capture and impoundment, per head .
Boarding. per head per day ...
Large animals (cauk. hors~.:s. etc.):
Capture and impoundment, per head .......... .
25.00
5.00
45.00
Boarding fee, per head per day .................. I 0.00
SE TION 3. TI-Ii\ T Ordinance No. 8358 is hereby repealed.
SECTION 4. TI I AI' the Cmk of Ordinances. City of Lubbock. Texas is hereby
amended by adding a section to he numbered Section .:.J.-21.1. which said section reads
as follnws:
Sec. 4-21.1. Animal Sheller Advisory Comminee.
(a) There is hereby created an animal shelter advisory committee. The
committee shall be composed of seven (7) persons with the following
qualifications: one ( 1) licensed veterinarian: one (l) animal wei fare organization
representatives ; one (I) City official , one (l) City animal shelter employee and
three (3) at-large persons. Persons appointed to such positions by the City
C'nuncil shall serve for a term of two (2) years. so long as they do not fail to
atlcnd mor~ than two meetine.s of the commillee in succession. In tl1at event. or
in event of a resi!.!nation l'rorli the committee. the City Council shall name a
successor from the same representative group.
(h) The committee shall meet at least thr e times each year and shall perform
the following duties :
(1) In an advisory capacity ro assist the City of Lubbock in complying
\Vith the terms of Chapter 823 of the Texas Health and Safety Code, as
amended; and
(2) In an advisory capacity assist the City in establ isb i11g procedures
applicable to the City's animal control program as follows:
(A) Procedures to insure that the City's animal shelter shall
separate all animals in its custody at all times by species, by sex
(~f known) and if the animals are not related to one anotl1er. by
stze:
(B) Procedures to insure that the City's animal shelter will not
confine healthy animals with sick. injured or diseased animals:
(C) Procedures to insure that the City. al least once a year,
employs a veterinarian to inspect the City's animal eonlrol shelter
to determine that such facility complies with the requiremcms of
Chapter 823 of the Texas Health and Safely Code, as amenlkd:
anu
(D) Procedure lO insure that the City maintains the necessary
records required under Chapter 823.003(e).
SECTION 5. TIIAT violation of any provision of this oruinancc shall be
deemed a misdemeanor punishable as provided hy Section 1-4 of the Code of
Ordinances of the City of Lubbock, Texas.
SECTION 6. TIJ/\T should any paragraph, section, clause. phrase or word of
this Ordinance he declared tmconstittHional or invalid for any reason, the remainder of
the Ordinam.:c shall not be affected thcrchy. -
SECTION 7. THAT the Cily Secretary of the City of Lubbock. Texas, is
hcrehy authorizeu anu directed to cause publication of the descriptive caption of this
Ordinant:c as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Cnum:il on first reading this 28th day of _ ___:Ma=r:..:c:.:.h=---_, 2002.
Passed by the Ciry Council on second reading rhis ll th day of April . 2002.
. 7 '-7fvwt /JttJ=-
WINDY SITTdh. MAYOR
ATTEST:
Q,JAk(. « .. ~ Rebcl:ca Garza. City Secretary
APPROVED 1\S TO CONTENT: