Loading...
Ordinance 1989-02 ORDINANCE NO. 81-:b BEING AN ORDINANCE OF THE CITY OF WYLIE AMENDING ORDINANCE NO. 87-57 BY MAKING A CHANGE IN SECTION 2 IN DEFINITIONS AND ADDITIONS TO SECTIONS 7, 13, 14, 16, 20 AND 24, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ORDINANCE 87-57 is hereby amended by the following actions: SECTION 1. That Section 2 definitions under vicious animal is amended to read as following: Vicious Animal - means any individual animal which has demonstrated an inclination, desire or intent to attack another animal or a person without provocation as determined by the Animal Control Warden and/or a licensed veterinarian. SECTION 2. That Section 7 paragraph c read as follows: 7. (c) For each spayed or nuetered canine or feline the registration permit shall be three dollars ($3.00) per year. Proof of spay or nuetering shall rest with the owner of said animal, and for non-spayed or non-nuetered canines or felines the registration permit shall be ten dollars ($10.00). SECTION 3. That Section 13 paragraph (d) is amended by adding thereto a new sub-paragraph (8) to read as follows: 8. (a) Persons wishing to use the optional "Home Quarantine" shall be required to sign an agreement and pay the required fees attached thereto. (b) The remains of any animal which expires during a "Home Quarantine" shall be delivered to the Animal Control Center. Failure to deliver said remains shall constitute a violation of the ordinance. SECTION 4. That Section 14 is amended by the change in paragraph (b) and addition of (b) (3) and addition of new paragraphs (f) and (g) to read as follows: (b) The owner, keeper, or harborer of any animal impounded under this section may redeem same within three (3) days by payment of this impounding fee and boarding fee as follows: (1) For every impounded dog or cat, a shelter fee of twenty dollars ($20.00) plus two dollars ($2.00) for each day of impoundment; (2) For every other impounded animal, a shelter fee of twenty dollars ($20.00) plus four dollars ($4.00) for each day of impoundment; (3) Adoption fees shall be no less than twnety dollars ($20.00) for all canines and felines. (f) Persons wishing to leave healthy dogs or cats at the Control Center shall be required to sign a release form. Animals which are obviously diseased will not be accepted at the center. (g) Persons wishing to adopt the required documents, pay the prescribed fees released to them. animals shall provide sign an agreement and before an animal is SECTION 5. That Section 16 is amended by the addition of a new paragraph (e) to read as follows: (e) Feral felines - felines caught in properly set traps which do not have current city license and rabies tags shall be considered feral and unless claimed and/or redeemed with in three (3) days of their capture shall be disposed of in the normal fashion. SECTION 6. That Section 17 be amended so that the new Section 17 shall read as follows: Section 17: Restrictions on Pit Bull dogs and vicious animals with in the City. A. A person commits an offense if he keeps maintains or harbors any vicious animal (as defined in this ordinance) within the City limits. B. For the purposes of this section the followimg definitions shall apply: 1. "pit Bull Dog" shall mean: a. The Bull Terrier breed of dogs; b. The Staffordshire Bull Terrier breed of dogs; c. The American Pit Bull Terrier breed of dogs; d. The American Staffordshire Terrier breed of dogs; e. or a combination of any of these breads. 2. General: It shall be unlawful for any person to own, keep, harbor, or in any way possess a pit bull dog within the City, unless such pit bull dog is properly registered with the City, the registration fees paid, and said pit bull dog maintained within the City in accordance with this requirements of the Section. 3. Standards and Requirements: It shall be unlawful for any person to own, keep, harbor, or in any way possess a pit bull dog within the City without complying with the following standards and requirements: (a) Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six (6) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs shall not be leashed to inanimate objects such as trees, posts, buildings, etc. All pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. (b) Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or a combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less that two (2) feet. All structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (c) Confinement indoors. No pit bull dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building of its own volition. In addition, no animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. (d) Sign s . All owners of registered pit bull dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog - pit Bull". In addition, a similar sign shall be posted on the kennel or pen of such animal. (e) Insurance. All owners of registered pit bull dogs shall provide proof to the City of liability insurance in a single-incident amount of Fifty Thousand ($50,000.00) Dollars for bodily injury or death of any person or persons, or for damage to property owned by any person which may result from the ownership of such animal. (f) Identification Photograph. All owners of registered pit bull dogs shall provide to the City two (2) color photographs of the registered animal in two (2) different poses showing the color and approximate size of the animal. (g) Reporting Requirements. All owners of registered pit bull dogs shall, within ten (10) days of an incident, report the following information in writing to the City: 1. Removal from the City or death of said dog; 2. Birth of offspring; 3. New address if owner moves within the City C. That the City Council shall, by resolution, ratify all fees and charges to be collected under this ordinance for the registration, impoundment, boarding of animal, and for the pick-up of dead animals at veterinarian hospitals or clinics. SECTION 7. That Section 20 be amended to read as follows: SECTION 20: RESTRAINT a. All animals shall be kept under restraint. b. No animal shall be permitted to run at large. SECTION 8. That Section 24 is amended so that the new section reads as follows: a. Humane traps may be used for capturing animals roaming unrestrained in the city. The use of steel jaw traps to apprehend animals is illegal. b. Traps may be obtained from the Animal Control, Persons wishing to borrow such traps shall sign a "Trap Loan Form" and pay the prescribed deposit. Failure to return the trap in good condition shall result in forfeiture of the deposit. The deposit fee shall be $40.00. SECTION 9. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION l0. Should any paragraph, sentence, subdivision, clause phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION ll. Any person, firm or corporation violating any of the the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION l2. This ordinance shall take effect immediately from and and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED the /-tll-A by the City Council of the City of Wylie, Texas, this day Of/t2Tdte;j , 19B~~ >_/ ~~// i.- Chuck 4i imble, Mayor ATTEST: uJ Secretary ~\\\\\\\\\IIII """ff',," #~~ 0 F W ,~/~% ~~"' r/ ~ ~..;., ~0~ ~()' "' ~ ~ ~ ;:: ~ ;:: ~ I I % c ~ ~ ~ ~ ~ ~ c-, ~~ 'It~LtE, \~~~\~ '~/!ltl!lilll i 1\ \\i\:~"\'"