Ordinance 1992-05
ORDINANCE NO.
9 cJ - y'-"
.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING CERTAIN
REGULATIONS RELATING TO THE CONTROL OF VICIOUS DOGS, DEFINING
CERTAIN TERMS USED THEREIN, PROVIDING REQUIREMENTS FOR OWNERS OF
DANGEROUS DOGS; DECLARING CERTAIN PETS TO BE UNLAWFUL; PROVIDING
CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, INCLUDING
DESTRUCTION OF THE DANGEROUS DOG; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wylie has an inherent interest and
power to protect its citizens from dangerous conditions within
the City and incident thereto to regulate such dangers and
provide remedies for abatement of such dangers as well as
penalties for violations of such regulations; and,
WHEREAS, Subchapter D, to Chapter 822 of the State Health
and Safety Code provides for regulation of dangerous dogs allows
cities to adopt such regulations; and,
WHEREAS, the City Council has, in its legislative
discretion, determined that the aforesaid state law (Section
822.041 through 822.047, inclusive) more fairly and effectively
regulates dangerous animals than does the City's existing laws,
as set forth in Section 15 of Chapter 2 of the Wylie City Code;
and,
WHEREAS, the City Council desires to adopt the
state law, with certain amendments and additions, as a
for the City of Wylie,
aforesaid
local law
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, as follows:
Section 1.
That Section
deleted in
therefore:
15 of Chapter 2 of the
its entirety and the
Wylie City Code is hereby
following is substituted
Section 15 DANGEROUS DOGS
Sec. 15.01 DEFINITIONS
(a)
"Animal
animal
under
Code.
Control Authority" means the City of Wylie
control officer as defined and appointed
Section 1 of Chapter 2 of the Wylie City
(b) "Dangerous Dog" means a dog that:
(1) makes an unprovoked attack on a person that
causes bodily injury and occurs in a place
other than an enclosure in which the dog was
being kept and that was reasonably certain to
prevent the dog from leaving the enclosure on
its 0 Wll; 0 r
(2) commits unprovoked acts in a place other than
an enclosure in which the dog was being kept
and that was reasonably certain to prevent the
dog from leaving the enclosure on its own and
those acts cause a person to reasonably
believe that the dog will attack and cause
bodily injury to that person.
(c) "Dog" means a domesticated animal that is a member
of the canine family.
(d) "Secure enclosure"
structure that is:
means
a
fenced
area
or
(1) locked;
(2) capable of preventing the entry of the general
public, including children;
(3) capable of preventing the escape or release of
a dog;
(4) clearly marked as containing a dangerous
and
dog;
(5) if on a porch, patio or any part of a house or
structure, secured in such a fashion to
prevent the dog from exiting the structure, of
its own volition, through open windows, screen
windows, screen doors or other means.
(e) "Owner" means a person who owns or has
control of the dog.
custody
or
Sec. 15.02 REQUIREMENTS FOR OWNER OF DANGEROUS DOG
(a) Not later than the 30th day after a person learns
that the person is the owner ot a dangerous dog,
the person shall:
(1) register the dangerous dog with
control authority for the City;
the animal
(2) at all times keep the dog in a secure
structure, or if not in a secure structure on a
leash, not exceeding six feet in length, in the
immediate control of a person and muzzled by a
muzzling device sufficient to prevent the dog
from biting persons.
(3) obtain liability insurance coverage or show
financial responsibility in an amount of at
least $100,000 to cover damages resulting from
an attack by the dangerous dog causing bodily
injury to a person.
(4) All owners of dangerous dogs shall provide to
the City two color photographs, at the time of
registration, of the dog in two different poses
showing the color and approximate size of the
animal.
(b) For purposes of this section, a person learns that
the person is the owner of a dangerous dog when:
(1) the owner knows of
Section 15.01(b).
an
attack described
in
( 2)
the owner is informed
authority that the dog
by the animal control
is a dangerous dog.
(c) If a person reports an incident described by
Section 15.01(b), the animal control authority may
investigate the incident. If, after receiving the
sworn statements of any witnesses, the animal
control authority determines the dog is a dangerous
dog, it shall notify the owner of that fact.
-------..
(d) An owner, not later than the 30th day after the
date the owner is notified that a dog owned
by the owner is a dangerous dog, may appeal the
determination of the animal control authority to a
justice or municipal court of competent juris-
diction. An owner may appeal the decision of the
justice or municipal court in the same manner as
appeal for other civil cases.
Sec. 15.03
REGISTRATION
(a) The animal control authority for the City shall
annually register a dangerous dog if the owner:
(1) presents proof of:
(A) liability insurance or financial responsi-
bility, as required by Section 15.02(a)(3)
(B) current rabies vaccination
dangerous dogs, and
of
the
(C) the secure enclosure in which the dangerous
dog will be kept; and
(2) pays an annual registration fee of $50.00
(b) The animal control authority shall provide to the
owner registering a dangerous dog a registration
tag. The owner must place the tag on the dog's
collar.
(c) If an owner of a registered dangerous dog sells or
moves the dog to a new address, the owner, not
later than the 14th day after the date of the sale
or move, shall notify the animal control authority
of such move and new address. On presentation by
the current owner of the dangerous dog's prior
registration tag and payment of a fee of $25.00 the
animal control authority shall issue a new
registration tag to be placed on the dangerous
dog's collar.
(d) An owner of a registered dangerous dog shall notify
the office in which the dangerous dog was
registered of any attacks the dangerous dog makes
on people.
Sec. 15.04
ATTACK BY DANGEROUS DOG
(a)
A person commits an offense if the person is
owner of a dangerous dog and the dog makes
unprovoked attack on another person outside
dog's secure enclosure and causes bodily injury
the other person.
the
an
the
to
(b)
An offense under this section is a Class C
meanor, unless the attack causes serious
injury or death, in which event the offense
Class A misdemeanor.
misde-
bodily
is a
(c) If a person is found guilty of an offense under
this section, the court may order the dangerous dog
destroyed by a person listed in Section 822.003 of
the Texas Health and Safety Code.
(d) In addition to criminal prosecution, a person who
commits an offense under this section is liable for
a civil penalty not to exceed $10,000.00. The City
Attorney may file suit in a court of competent
jurisdiction to collect the penalty. Penalties
collected under this subsection shall be retained
by the City.
Sec. 15.05
VIOLATIONS
(a) A person who owns or keeps custody or control
of a dangerous dog commits an offense if the
person fails to comply with any provisions of
Section 15.02.
(b) An offense under this section is a
meanor.
Class C misde-
Sec. 15.06
DEFENSE
(a) It is a defense to prosecution under Section 15.04
or Section 15.05 that the person is a veterinarian,
peace officer, a person employed by a recognized
animal shelter, or a person employed by the state
or a political subdivision of the state to deal
with stray animals and has temporary ownership,
custody, or control of the dog in connection with
that position.
(b) It is a defense to prosecution under Section 15.04
or Section 15.05 that the person is an employee of
the institutional division of the Texas Department
of Criminal Justice or a law enforcement agency and
trains or uses dogs for law enforcement or
corrections purposes.
(c) It is a defense to prosecution under Section 15.04
or Section 15.05 that the person is a dog trainer
or an employee of a guard dog company under the
Private Investigators and Private Security Agencies
Act (Article 4413(29bb), Vernon's Texas Civil
Statutes.
Section 2.
That all other ordinances and code provisions in conflict
herewith are hereby repealed to the extent of any conflict or any
inconsistency.
Section 3.
Should any paragraph, sentence, sub-division, 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 or
provision thereof, other than the part so declared to be invalid,
illegal, or unconstitutional.
Section 4.
This ordinance shall take effect immediately from and after its
passage and the publication of the caption as the law and the
City Charter provide in such cases.
DULY PASSED AND APPROVED by ~h~_City C~ncil of the City of
Wylie, Texas, this /0 day of ~a--l~A.I ,1992.
ATTEST:
APPROVED AS TO FORM:
Steven P. Deiter, City Attorney
~
City of Wylie, Texas
THE WYLIE NEWS
'.0. lOX...
WVI..I, TIXAI ..
Sl'ATE OF TEXAS I
00UNl'Y OF {J)J J .TN ~
Before lie, the undersigned authority, on this day personally
appeared Truett &n1th, of the Wylie News, a newspaper regularly
published in Collin County, Texas and having general circulation
tn Collin County J Texas, who being by me duly swom deposed and
says that the forgoing attached
O~dinanQe No. 92-5, Co~ol 06 dog~
was published in said newspaper on the following dates to wit:
.(i rq j e 'J 'J
J 1992 and
J 1992
~
Subscribed and sworn to before me this the
~or ~~J J
harx1 arv1 seal off1~.
~,;l M~
,,1991 to certify which witness II\V
W~O~)
Margaret
Notary Public
In and for the
State of Texas
My Canm1ss1on expires 9-12-93
1:1....;.. 4. 117 ~~"MI......L. IV ..J~... 0;_ ..._ ._..1-l\.A '" ...,~
___ _........ ""-' ..L ......~"-'-
ORDINANCE NO. 92-5
AN ORDI1\ANCE OF THE
CITY OF WYLIE, TEXAS,
ADOPTIl'iG CERTAIN
REGULATIOI\S
HELATING TO THE CON-
TROL OF VICIOUS DOGS,
DEFINI"iG CERTAIN
TERMS USED THEREIl\,
PROVIDING RE-
QUIRElIlENTS FOR
OWNERS OF
DA:\GEROUS DOGS:
DECLARING CERTA.IN
PETS TO BE UNLAWFUL:
PROVIDING CIVIL AKD
CRIMIl\AL PENALTIES
FOR VIOLATIONS. IN-
CLUDING DESTRUCTION
OF THE DANGEROUS
DOG: PROVIDING FOR
HEPEAL OF ALL OH-
DINANCES IN CONFLICT
THEHEWITH: PRO-
VTDI'iG A SEVEHABILI-
TY CLAUSE: A:\CD PRO-
VIDING FOR AN EFFEC-
TIVE DATE.
DUL Y PASSED AND AP.
PROVED by the City Council
of the City of W,'lie. Texas,
tillS 10 day of :l-Iarch, 1992.
City of Wvlie. Texas
BY John W. Akin. :\lavor
ATTEST:
CarbIyn Jones.
City Secretar.y
ORDINANCE NO. 92.4
AN ORDINANCE OF THE
CITY OF WYLIE, TEXAS:
ESTABLISHING FEES
FOR THE RESIDENTIAL
AND NON-RESEDENTlAL
COLLECTION OF GAR-
BAGE, TRASH AJ\D
BRUSH: AMENDING SEC-
TION 7 OF ORDIJ\ANCE
84-12, REPEALING OR-
DINANCE NO. 90-19 AND
ALL OTHER OR-
DINANCES IN CONFl::fC'l"
THEREWITH AND
AMENDIl'>G SECTION 9
OF APPENDIX A TO THE
WYLIE CITY CODE: PRO-
VIDING A SEVERABILI-
TY CLAUSE FURTHER
PROVIDING FOR AJ\ EF-
FECTIVE DATE.
4. This ordinance shan take
effect immediately from and
after . its passage and the
publication of the capti~n ~s
the iaw and the CIty s
Charter provide in such case.s.
and the rate changes hereIn
imposed are effective as of
April 1, 1992.
DULY PASSED AND AP-
PROVED by the City Council
of the City of Wylie, Texas,
this] 4 day 01 April. 1992
John IN Akin, Mayor
ATTEST:
Carolyn Jones,
City Set:retary
46-Jt-c
Into Submission. 15-9
46.Jt-c
1 t didn't take the Pottshoro
Cardinals long to get the
message across t.hat they had
come to play !"ome bajj - likp
in the first inning - when
they ciuubed the struggiing
\\'.viie PiraLPs with a l~-hit
attack, two of t.hem douhies.
on their way to a 15-9 District
lO-AAA victory at Pirates
Field iasr Tupsda:\' afterno(ln.
It is an old story Onp guy
gets his big lick in first and
then proceeds to kick the
sims out of the gu~. on the
h'Tound. Prett~T simple, realiy.
It didn't help the rirat~s:
caust:'. (lIther. when t.hey COnl-
mittpd (light errors.
TIH--' Cards scored !litH:' runs
in the top of the first off
starter Steve Polen and ace
relipver Shain Robinsol1...\nd
that pren~' lTIueh L.okI t1lf'
5Lory
Thp los,<:::, for ali intent ~ and
purposes. may havE' knockC'fi
the Pirates out of pVl:'n n
chancE' for t.ht, \:u. :! spot put
of the district. A lot can hap-
PCll befon' the final out.. of
course.
Tlw. Pirates no\\" havc iusses
1 () Bonham. Frisco and to
Pottshoro. The scheduie is
not playrd in haivE's. The two
Learns with the best record at
Lhe end of the season go to
Lhe piavoffs.
Poien never reaily broke a
good swe;;..t before leaving for
Robinson t\nd b\ t.he tirne
Robinson arrived 011 thE'
scene things were
deteriorating rapidl)-
PotLsboro added a pair of
runs in the third inning. a run
in the fifth and topped things
off \",ith three runs in the top
of the seventh.
\Yylie gave its fans a faim
moment of hope when the
Pirates got something going
in the last of the fourth when
they scored three runs. and
aga"in in the sixth when they
scored another four runs; ;,..'
~'-"-;:vrrcnael . tlenltezstarteo
things off in the lbird with a
single anu Troy Garcia
followed with a single to put
t\\'o on and no DUlS.
Steve Dykes waiked to load
the hags, and Steve Marks
slepped in and sjapped a sbot
down the third base line
\'.;hich should have at least
been a doubie play, perhaps
even a triple play.
The haii went. right heLween
the third baseman' s iegs and
Benitez and Garcia scored.
Robmson stood m next and
hit into a double pia".. Tres
Sansom wa~ caught looking
at a third strike [Q geL thl::
Cards out of the inning
v..'ithout further damage.
The Pirates came up wilh
tour more runs in their end of
t.he sixth on singles b!' Gar-
cia. Stpvp J\-'larks. and San-
som, plus \valks to Benitez,
and Arvid V ardeillO slice thlC
Cards. lead to 12-7.
!-Iowever. the Canis add~d
tlleir final three runs in t.he
top of the seventh [.0 tuck
t.his one away against a team
lnat wasn't hitting <.:011-
~istentiy, wasn't pla.villg
good defense and one that.
was stiB shaking its head
aft.er that. first inning mugg'
ing.
Oh, the Pirates did get 10
hit5. but ail but two of them
came from the iast of the hat-
ting order. Only Tony Clark
and Benitez managed singies
of the top five hitters.
Benit.ez did redeem himself
. somrwhat hy reaching base
t.hrep times - t'\vice on walks
and onel:' \'ia hit - and scored
aU l 11 ree times
\"ow it's down 10 the nitty
I'm ty for the Pirates. If they
entertaill even lhtc siighlest
hope of getting into the
pla~'nffs. they cannot afford
to iO"se anot.her 'l,'ame. From
this point, on every gamp is a
must win situation.
\\'.\'1ie was open Friday, and
wa~ in \Vhite~boro on Tues-
do)' to do battle with lhe
Bearcats hefore reLurning t.o
\\"yhe for a Frida~' date with
Commef{.'f' as the Pirat es
hegin the second hulf of t he
,""chedu]e.
('.lrdin<li~ - ~ll1~ 01(1 ;\ - 1.-; I') .,
1'11';1ll;'~ - (iOO :1{),1 - ~1 ill ,"'-
Cardinais - Hayes: WP -
Ha~'es: 2b Nalll:'~'.
'VicDa\'id: E Cooiey.
Cooie,': LOB - 7.
\Vylie - Poien, Robinson; LP
-- Robinson: E - Ciark (2),
SchneiL Garcia, BeniLpz li3),
Sansom; LOR - 7.
Wylie Police
.
Chief Attends
La w Seminar
\.Vviie Police Chief Harvey
Hightower was invit.ed to
participate in the Executive
Issues Seminar Series this
month which was produced
byt:h~, l:a~.,Enforce~ent
with Sam Houston State
University
Chief Hightower attended
the Austin ciass, which ~.as
part of a three-day semmar
:conducted throughout the
stat.e. His dass dealt with
Alternative Futures for Law
Enforcement.
"1 felt very privileged to at-
tend again this year. I was
lucky enough to have be~n
chosen from the Aust.In
Police Department hy the In-
stitute last.. year before com-
ing to Wyile. Speaking from a
budget standpomt, thIS was a
great seminar. It was of no
cost to the City, other lhan
aHowing time to go. T~e
hotel, seminar and mealS
were paid in part b.y the
Texas CommissionoD Law
Enforcement Officers Scan.
dartis and EducaLlon
(TCLEOSE) and Sam
Houston State University.
l-fopefuii,'. wc' can obtain
ot.her such training for all our
officpr:--; in tht' future." he
said.
Q-~!I1 ~
r-:= =- _~ -:::'==~_~--1
205 N _ B.lhud
442-3069
HOURS:
Letters To
The Editor
I
WE'
jJ
L
LiP
Dear Editor:
M V name is Jason Robert s, I
am - an MDA patient helping
wit.h this year's "Fill A Boot"
as a Sch~oi Project.
Wviie firefighters will take
to the streets April 24-2;'1 to
accept contrihutions in their
booLs tor the fight. against
Muscular Dyslroph.v There
wiil bt-' over 80 area fire
dppart.menLs participating in
this campaib'11 1.0 benefit the
Muscular Dystrophy
Association,
I would iike to thank alllhe
firefighters for their help with
"Fiii A Boot" for I\-!DA.
Sincprely:
Jason Roherts
Owner
Sll"lnrl Holhrook
l~
"-nnual
Can l:
Bank I
7.30%
Eiieel
Yil
And an AL:U
premium can
are deducted.
deferred.
"Births I
It's A Boy!
St.pvc and Penny \Vinters of
\Yyiie arp proud to announce
Lhe birth of a son, Layto1l
Conal' \i\/inters born April 8,
1992 at the HCA Medicai
Cenler of Piono. He weighed
8 lh" 4 ozs..
Proud grandparent.s are Don
ilnd Caroi Ammerman of
\Vylie and Linda Briggs of
PrinceLon, Tx.
He was greeted at home by
his hrother, Mitchell, 3 '/2 yrs.
o
Americs
Jerry R
2'
4,
.C\l,",nl"'~""" n'eM""r1lltee
nc"'llJ\dn;....aJdIarJleo.af~r~
'1(;<' " "'-l-"<l "'... (~ujW:nur.' by A
(;"..non~lrol.l.,,-.jll.iol~JX
Just Arrived In V
ARBONNE
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r:
Arbonne Products Contain NO
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* SD Alcohol 40
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=
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205 N .Balla
442-3069
Appointments available for Free 30 minute f,
Call For Yours To
Accepting applications for Skin C
Cali Judy 214-9G4.7
VOTE FOR
ROBERT SCHl
SCHOOL BOARD
I am a grJdu>.ltc of thi.: Univt:rsi[y of Arkan:::.J.s, ,"".IL
I1lo\'c-J [0 \Vvlic in 1977 shurtly afln marrying El;,ull.i
OJughlef of Belly Hvuscwngl1l. We I1Jve two childr
Iii..: ~chool dl::iuict
My lh.:l,:p COli\'ILliu!l [b.ll J bl.ucr jU!UIC IS Ill... pruJu,
m:.: to run for the.: \Vl.sV S~huul Huard. Th... l(.'.'>:-'l)ll~
b:::.t a Ilk lUIlr..:, and llur chiIJ[L':J ~lll~ lk fulllr<.' lIt
t.:JLl....:~.dlun, taleIlb, ~IlJ CXf1Lrll'Il,'"._,> 11..J\<': gJ\'l'll Ill': t
br..: J. schuol board m<:mbt.:r. 1 iinl a Ll.lhc.:r lit l\....'u Si."lh