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Ordinance 1975-01 ORDINANCE # 75-1 AN ORDINANCE PROVIDING FOR THE VACCINATION, REGISTRATION, AND LICENSING OF DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE, TEXAS: REQUIRING COLLAR AND TAGS ON ALL DOGS~ PROHIBITING DOGS FROM RUNNING AT LARGE7 PROVIDING FOR IMPOUNDMENT AND DISPOSITION OF CERTAIN DOGS7 RABIES NOTICE, CONFINEMENT, AND TREATMENT7 REGULATING THE KEEP- ING OF VICIOUS DOGS7 PROVIDING FOR ENFORCING7 PENALTY7 SAVINGS CLAUSE7 CONFLICTS 7 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: DEFINITIONS. The following words and phrases as used in this Ordinance shall have the meanings respectively ascribed to them by this section unless the context otherwise indicates7 AT LARGE. At large shall mean off the premises of the owner and not under the control of the owner or member of his immediate family either by leash, cord, chain or otherwise, and the wearing of a muzzle by a dog shall not be regarded as control under this definition. DOG. Dog shall include both male and female. CAT. Cat shall include both male and female. OWNER. Owner shall mean any person owning, keeping or harboring a dog or cat. SECTION 2. VACCINATION AGAINST RABIES. It shall be the duty of the owner or keeper of each and every dog and cat over 6 months old kept in the city to have such dog or cat vaccinated against rabies by a practicing veterinarian at leasb once each year7 provided, however, that such dog or cat must have been vaccinated within one month of the date of the owner or keeper's application for the license required in this article, or within 13 months prior to the expiration date of the license applied for. SECTION 3. LICENSES, FEES, DURATION. There is hereby fixed and assessed as a police regulation for the protection of the public health a license fee of $1.00 per annum against the owner or keeper of each and every dog or cat kept in the city. The license shall run from April 1st of each year to April 1st of the succeeding year7 and any part of such year shall be deemed and considered the entire year. SECTION 4. LICENSE - ISSUANCE AND USE OF TAGS7 COUNTERFEIT TAGS. It shall be the duty of the City Clerk to provide suitable tags for ~ogs or cats, with numbers thereon beginning at one and running consecutively, which tags shall evidence the paYment of the license fees and the registration of the dogs or cats. Each person owning or keeping a dog or cat within the limits of the City shall apply to the City Clerk for a tag, and upon paYment of the license fee required in this Ordinance, and presentation of a certificate by a practicing veterinarian showing that the dog or cat has within one month of the date of application for license, or within 13 months prior to the expiration date of the license applied for, been vaccinated against rabies, the City Clerk shall supply to each applicant thereof a tag suitable to be placed upon a collar around the dog's or cat's neck, and shall, in a well-bound book kept for such purposes, register the number of the tag, name of the owner and address, and a description of the dog or cat. No license shall be issued unless the application is accompanied by the certificate of vaccination. It shall be the duty of the owner of each dog or cat to apply to the City Clerk for such license, pay the fee for same and obtain a tag therefor. The tag shall at all times during the year be securely fastened around the neck of the dog or cat, and the failure Page 2 of the owner in this respect shall have the same effect as if no license fee had been paid upon the dog, or upon the cat. It shall be unlawful for any person to use any license tag upon a dog or cat except the tag adopted and issued by the City. The owners of any dog or cat under 6 months old will be required to obtain a license for said dog or cat, but will not be required to show proof of vaccination against rabies. SECTION 5. IMPOUNDING. The City Manager shall appoint a Dog Catcher and fix a salary therefor, and may appoint an assistant or assistants if it is deemed necessary. The Dog Catcher and his assistant or assistants shall be under the supervision and control of the Police Chief. It shall be the duty of the Dog Catcher to carry out the terms of this Ordinance. It shall be the duty of the Dog Catcher to apprehend any dog and/or cat found running at large contrary to the provisions of this ordinance and to impound such dog and/or cat in the city pound or other suitable place. He shall make registry on each dog and/or cat impounded, entering the breed, color and sex of such dog and/or cat and whether licensed. If licensed he shall enter the name and address of the owner and the mumber of the license tag. SECTION 6. NOTICE TO OWNER AND REDEMPTION. Not later than 24 hours after the impounding of any dog and/or cat the owner shall be notified or if the owner of the dog and/or cat is unknown written notice shall be posted for two days at a conspicuous place in the City Hall describ- ing the dog and/or cat and the place amdetime of taking. The owner of the dog and/or cat so impounded may claim such dog and/or cat upon paYment of the license fee, if unpaid, and of all costs and charges incurred by the City of Wylie for impounding and maintenance of said dog and/or cat. Following charges shall be paid to the city clerk for impounding any dog and/or cat: Impounding -- $3.00 Each day of Impoundment --$1.00 SECTION 7. DISPOSITION OF IMPOUNDED DOGS OR CATS _ GENERALLY. Any dog or cat placed in the City pound in accordance wibth the provisions of this Ordinance shall be kept ill.nd so impounded for a period of five days. At the expiration of samd period, the Police Chief, or any officer designated by him, shall sell such dog or cat at auction to the highest bidder for sash: provided however, that the owner or keeper of the dog or cat may at any time before the sale of the dog or cat pay the fees provided for in Section 6 of this Ordinance and receive the dog or cat from the City Pound. Any person who shall bid the amount of the fees due for impounding and keeping any dog or cat shall have such dog or cat delivered to him at the City pound upon the paYment to the Police Chief of the amount bid, and the person shall be entitled to have the dog or cat registered in his name and receive a tag therefor by presenting to the City Clerk a certificate, from a practicing veteri- narian stating that the dog or cat has been vaccinated against rabies and the paYment of the license fee. If there are no bidders, the City shall become the owner of the dogs or cats and thereupon the Dog Catcher shall kill or cause to be killed all such dogs or cats in the pound after the provisions of this Ordinance have been complied with. At any time within six months after any sale the owner may apply to the Police Chief and upon satisfactory proof of ownership, he shall be entitled to receive the amount deposidied on account of such sale after deducting all fees for impounding costs, and keeping such dog or cat and such costs as may be nec- essarily incurred to establish his right thereto. Any dog or cat which appears to be suffering from rabies, affected with hydraphobia, mange or any other infectious disease shall not be released, but shall be kept under observation for a minimum periOd of time, ar may be forthwith destroyed. However, any dog or cat suffering from rabies or suspected of haVing rabies or any dog or cat suspected of having bitten someone shall be kept under observation until such doq or cat has been inspected by a licensed veterinarian and such disease or condition diagnosed by such veterinarian. Page 3 SECTION 8. REDEMPTION BY OWNER FROM SALE OF IMPOUNDED DOGS OR CATS. At any time within sixty days from the date of the sale, the owner of any dog or cat impounded and sold under the provisions of this Ordinance shall have the right to redeem the same by paying to the purchaser thereof double the amount paid by the purchaser for such dog or cat and his reasonable expenses incurred in keeping same. SECTION 9. If a dog or cat is believed to have rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by leash or chain on the owner's premises and shall be placed under the observation of a Veterinarian at the expense of the owner for a period of 14 days. The owner shall notify the Dog Catcher of the fact that his dog or cat has been exposed to rabies and at h.s discretion, the Dog Catcher is empowered to have the dog or cat removed to a veterinary hospital and there placed under observation for a period of 14 days, at the expense of the owner. It shall be unlawful for any person knowing or suspecting a dog or cat has rabies to allow such dog or cat to be taken off his premises or beyond the limits of the City without the written permission of the Dog Catcher. Every owner, or other person, upon ascertaining a dog or cat is rabid shall immediately notify the Dog Catcher or a Policeman, who shall either remove the dog or cat to the pound or summarily destroy it. SECTION 10. NOTICE OF VICIOUS OR DANGEROUS PROPENSITY. Any person who has knowledge that a dog or cat is of vicious or dangerous propensity, may, upon application to the City of Wylie, Texas, cause written notice to be given by said City to the owner of such animal, such notice to be mailed to the owner, registered or certified mail, return receipt requested. A copy of such letter with the receipt showing delivery, shall be prima facie evidence that the owner of such dog or cat has notice of its vicious or dangerous propensity. SECTION 11. CONFINEMENT. No dogs of fierce, dangerous, or vicious propensities, and no female dog in heat, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. If any such dog is found running at large in violation of this provision, it shall be taken up and impounded and shall not be released except after paYment of the fees provided in Section 6 herein7 provided, however, that if any dangerous, fierce or vicious dogs so found at large cannot safely be taken away and impounded, such dog may be slain by any policeman. SECTION 12. DESTRUCTION OF DOG HAVING VICIOUS OR DANGEROUS PROPENSITY. If, after notice to the owner that a dog or cat has a vicious or dangerous propensity, such dog or cat, while, un- muzzled or while not under confinement within a house or garage, or not restrained by a leash or chain, attacks or causes injury to any person, any police officer may pick up and impound such dog or cat7 and if the injured party shall make affidavit to such injury, and a physician shall certify that the same broke the skin and was caused by a dog or cat, the City Judge of the Municipal Court may in his discretion upon the trial and charges growing out of such incident, authorize the destruction of such dog, or its removal from the City of Wylie, Texas, within 24 hours, as a part of the penalty. SECTION 13. REFUSAL TO DELIVER UNLICENSED OR UNVACCINATED DOGS. No person shall refuse to deliver any unlicensed or unvaccinated dog to the Dog Catcher, any of his deputies or any City police officer upon grounds for impounding. SECTION 14. PUBLIC NUISANCE - ACTS CONSTITUTING. The following acts and conditions are hereby declared to be a public nuisance and are prohibited within the city limits of the City of Wylie. ,1 .t)ayl'! 4 a. The harboring or maintaining of more than three dogs over six months of age in an enclosure unless the enclosure contains at least 25 square feet of space for each dog so enclosed. b. The harboring or maintaining of more than three cats over three months of age in an enclosure unless the enclosure contains at least 25 square feet of space for each cat so enclosed7 c. The harboring or maintaining of any dog or cat, or dogs or cats, in any enclosure unless the said enclosure is kept clean and sanitary and free of offensive odors7 d. The harboring or maintaining of any dog or cat, or dogs or cats, in any enclosure unless the excrement from said dog or cat is cleaned up and disposed of or buried at least once every twenty-four hours. SECTION 15. BARKING DOGS. Any person who shall harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the canine species which, by loud or unusual barking or howling, shall cause the peace and quite of the neighbor- hood or the occupants of adjacent premises to be disturbed, or reasonably liable to be disturbed, shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding Twenty-Five Dollars ($25.00), and each and every twenty-four hour period that said dog shall remain or be kept on any such premises shall constitute a separate offense. SECTION 16. COMMERCIAL LICENSE FEE. Every person engaged in the commercial business of buying, selling, breeding or boarding, and every person who owns, harbors, or keeps, five or more dogs over the ages of six months in a kennel, shall pay an annual license fee of ten dollars, plus the regular license fee for each animal. SECTION 17. PENALTIES. a. Any person who shall willfully take from any dog and/or cat a collar or tag shall be fined in any sum not to exceed $100.00. b. Any person violating any provision of this ordinance shall be deemed quilty of a misdemeanor and upon conviction shall be fined in any sum not eKceeding $100.00, and each and every day of such violation shall be deemed a separate and complete offense. SECTION 18. SAVINGS CLAUSE. That if any section, part, or provision of this ordinance is declared unconstitutional or invaliq then, in that event, it is expressly provided, and it is the intention of the City Commission in passing this ordinance, that all other parts of this ordinance shall not be affected thereby and shall remain in full force and effect. SECTION 19. REPEALING CLAUSE. That all ordinances and parts of ordinances in conflict with the terms of this ordinance are hereby repealed. SECTION 20. Declaring an Emergency. Whereas, an emergency is apparent for the immediate preservation of order, health, safety, and general welfare, therefore, it shall be effective from and after the date of its passage. PASSED AND APPROVED THIS Z4th day of January, 1975. -'--"---"" ./., / . ",/ ('~/~4/ /_g~- , MAYOR ATTEST: ~~~. U~a-~,~; City Secretary