Loading...
HomeMy WebLinkAboutOrdinance - 2008-O0088 - VOID. Amending Chapter 4 Code Of Ordinances - 10/09/2008First Reading October 9. 2008 Item No. 6.1 ORDINANCE NO. 2008-o0088 Second Jleading October 23. 2008 Item No. 5.6 AN ORDINANCE AMENDING CHAPTER THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TE , WITH REGARD TO TilE DISPOSITION OF CHICKENS OR DUCKS IN AMUSEMENT GAMES; THE DISPOSITION OF ANIMALS, THE ANIMAL AS STANCE PROGRAM, AND FEES FOR REGISTRATIONS, PERMITS, IM UNDMENT, AND ADOPTION; PROVIDING FOR CRIMINAL PENAL TIE ; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of e City of Lubbock, Texas deems it in the best interest of the citizens of the City of L bock to protect their health, safety, and welfare to make the following amendments to hapter 4 of the Code of Ordinances with regard to the disposition of chickens or ducks n amusements games, the disposition of animals, the Animal Assistance Program, an fees for registrations, permits, impoundment, and adoption; and WHEREAS, the City ouncil hereby exercises its authority under Article 11, Section 5, of the Texas nstitution as a home rule city to enact regulations not inconsistent with the gene laws of the State of Texas in the interest of the health, safety and welfare of the citizens fthe City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. HAT Section 4-4(c)(4) ofthe Code of Ordinances of the City of Lubbock, Texas, is htreby amended to read as follows: (4) son sells, gives away, delivers, trades or barters chickens or ducks for e purposes of prizes or other satisfaction for participating in a ivai, circus, amusement or any and all other types of game; 2. THAT Section 4-13 of the Code of Ordinances of the City of Lubbock, Tex is hereby amended to read as follows: Section 4-13. Disposition of Animals. a) The Animal Services Manager may dispose of impounded animals after th expiration of any required impoundment period by any of the following method : 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 determine 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 age of the animal. (ii) There will be an adoption fee r all dogs and cats at an amount set by resoluti of the City Cmmcil. The fee will include cost of sterilization, vaccination, of a microchip, and licensing. (iii) All animals adopt from the Animal Services Facility shall be implanted with a microchip, vaccinated aga· st rabies, and sterilized. The adopting perso shall have the animal sterilized on or before thi (30) days from the date of adoption. The adopti person shall submit documentation to the · Services Manager evidencing the completi n of the sterilization. If, in the opinion of a licen d veterinarian, there is a legitimate health risk j tifying the delay of this surgery, the person adop ng the animal shall sign a written agreement staf g that they will have the animal sterilized wi in thirty (30) days after the animal is declared fi for sterilization and submit documentation idencing the completion of the sterilization to the imal 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. adopted animal dies on or before the sterilization c pletion date, the adopting person must provide written d cumentation to the Animal Services Manager that the imal has died. c. fan 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. -2- d. The City Enforcement Agent may reclaim animal if the Animal Services Manager has confirmation of the sterilization as required (2) The City Enforcement Agent may offer the 1mal to an animal welfare group that has a signed Transfer A eement for Dogs and Cats on file with the City Enforcement ency provided that the group sterilizes and microchips the · al prior to placing it into an adoptive home; (3) The City Enforcement Agent may emporarily place the animal in a foster home that has a signe oster Agreement for Dogs and Cats on file with the City Enfo ement Agency; (4) The City Enforcement Age may humanely euthanize the animal by methods approved b the American Veterinary Medical Association or the Texas epartment of State Health Services. (b) The choice of which of th se options to use shall be made at the sole discretion of the City Enforcement gent unless otherwise mandated by a court order. (c) Any impounded regist ed or unregistered animal which appears to be suffering from serious injury or isease and which is in great pain and suffering and probably will not recover r which appears to have an infectious disease which is a danger to humans r to other animals in the opinion of the Animal Services Manager or whic due to its extremely violent nature, poses a substantial risk of bodily to the safety of Animal Services staff, may be humanely euthanized at y 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, e City Enforcement Agent shall attempt to notify the owner by telephone befo taking action. (d) It shall be affirmative defense to prosecution of the owner if he or she can show that, at t e time of its impoundment, the animal that was at large due to a major natural isaster, fire, criminal or negligent acts of a third party who was not residing at th animal owner's residence. In such event, the owner shall only be subject only the provisions of this chapter that require a current rabies vaccination and city egistration. An owner's claim of a fire or the criminal or negligent acts of a rd party must be proven in one (1) or more of the following manners: (1) A c rtified copy of a city police or fire report verifying the inci ent; or (2) Th affidavit of city police or fire personnel with direct knowledge of e incident. (e) It sh 11 be unlawful for a person to fail or refuse to deliver an unregistered or vaccinated animal to a City Enforcement Agent or police officer upon dem d for impounding. -3- SECTION 3. 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 s be used for the purpose of sterilizing dogs and cats in accordance with S ·on 4-24, to promote the sterilization program, other medical assistance as needed, and for administrative costs related to the Animal Assistance P gram. (b) The department shall use the Animal sistance Program to establish and implement an animal population control pro am pursuant to this statute. The purpose of this program shall be to reduce th population of unwanted and stray dogs and cats by encouraging the owners of ogs and cats to have them sterilized, thereby reducing potential threats to publi ealth and safety. (c) Any resident of the City of ubbock, who owns a dog or cat and who is eligible to receive any type of fin ial assistance from the govenunent due to the owner's lack of income may p 'cipate. (d) The Animal Servic Manager, with permission from the Public Health Director, may allow me hers of the general public to participate in this program for limited times or£; r special promotions. The program's first priority shall always be to assist low-· come pet owners. (e) It shall be a vi ation of this ordinance for any person to knowingly falsify proof of eligibility or, or participate in, any program under this chapter, or to furnish any licensed eterinarian with inaccurate information concerning the ownership of an anim submitted for a sterilization procedure, or to furnish the City Enforcement Age t with false information concerning an animal sterilization fee schedule or an ·mal sterilization certificate submitted pursuant to this section, or to othe · e violate any provision of this section. (f) The · al Services Manager, with the approval of the Public Health Director, shall ado t rules relative to the format and content of all forms required under this chapte , proof of eligibility, administration of the program, and any other matter nee sary for the administration of this program. SECTION 4. THAT Section 4-40 of the Code of Ordinances of the City of Lubbock, Texas, ish eby amended to read as follows: Section 4-40. Fees for Registrations, Permits, hnpoundment, and Adoption. (a) e cost of registrations and permits shall be as follows and from this date on will e reviewed and revised, if necessary, pursuant to Section 1-10 of the City ofLub ock's Code of Ordinances: Do and cat registration, annual. ............................................ $5 Thi 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 -4- / receiving financial assistance from the government due the owner being considered low-income. This fee shall also be waive or animals that are used by law enforcement agencies and for assistan animals. Dangerous animal permit.. . . . . . . . . . . . . . . . . ....................... $100 Dangerous Wild Animal permit, arm ........................ $100 Euthanasia Fee for City residents ............................... $10 This fee for City resid ts shall be waived if the owner of the animal is Social ecurity eligible disabled, sixty-five (65) years of age older or provides proof of receiving financial assistan from the government due to the owner being consider low-income. This fee shall also be waived for mats that are used by law enforcement agencies and or assistance animals. Euthanasia Fee for on-City residents .......................... $20 Animal Establis ent, Pet Shop, or Animal Dealer Permit, annual ............................................................. $100 Facility permit .................................... $35 it Application Fee ............................ No charge ucational Center permit, annual ................. No charge egistration ............................................... $2 (b) The cost of eclaiming animals from the city Animal Services Facility shall be as follows: Impoundment er animal) ................................................ $ 50 This fee will e waived if the impounded animal is sterilized, has a current rabies vaccin tion certificate, and is identified by some means of traceable identificatio . Boarding £4 (daily for all or part of any one day) ........................ $? Microchipp ng Fee ........................................................... $10 Rabies vac ination fee ........................................................ $1 0 Rabies Q antine Fee (includes boarding fee, veterinarian health check, rabies vac ination, testing fees, tag and microchip) .................... $100 Small animals (sheep, goats, etc.): Capture d impoundment, per head ..................................... $25 Boarding, er head per day ................................................. $7 Large animals (cattle, horses, etc.): Capture and impoundment, per head ...................................... $45 Boarding fee, per head per day ............................................ $15 -5- (c) The cost of adopting an animal from the city Animal Servic shall be as follows: Dogs, Cats, Ferrets, Reptiles, Birds and others ......................... $60 (d) The cost of releasing animals to Animal Se ces by agencies or individuals residing outside of Lubbock city limits shall b as follows: Non-resident release fee .............................................................. $20 (e) The Health Director or Animal S tees Manager shall have the authority to refund, reduce, or waive fees der this chapter, if, in his determination, that such refund, reduction waiver of fees is in the public interest of the City of Lubbock. Any efund or waiver of fees shall be documented. The Animal Services Man er shall have the authority to waive or reduce such fees in cases of special pet option promotions. (f) Citations may be issued fo failure to pay applicable fees. SECTION 5. THAT violation of y provision of this ordinance shall be deemed a misdemeanor punishable as provided Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 6. THAT should y paragraph, sectioD; clause, phrase or word of this Ordinance be declared unconstitu · nal or invalid for any reason, the remainder of the Ordinance shall not be affected th eby. SECTION 7. THAT th City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to ca e publication of the descriptive caption of this Ordinance as an alternative means of pu ication provided by law. AND IT IS SO ORDERED. Passed by the City Co cil on first reading this 9th day of October 2008. Passed by the City uncil on second reading this 23rd day of October , 2008. TOM MARTIN, MAYOR ATTEST: -6- APPROVED AS TO CONTENT: As/Antmal Ordinance.amend03 -7- VOID OCTOBER2, 2009 NEVER FINALIZED REPLACED BY ORDINANCE NO. 2009-00101 linda Hart -Void Ordinance From: Quincy White To: Becky Garza Date: 10/2/2009 11:44 AM Subject: Void Ordinance -------------···------·----- Please void ordinance #2008·00088. We will be bringing a new ordinance to replace it Thanks Quincy White Assistant City Manager City of Lubbock 775-2015 file://C:\Documents and Settings\17273\Local Settings\Temp\GW}00002.HTM Page 1 of 1 10/2/2009