Ord 005-88 1/5/1988 4
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ORDINANCE NO. 5-88
ORDINANCE AMENDING ARTICLE IV, SECTION 5-23 OF
ORDINANCE 63-85 DESCRIBING VICIOUS DOGS,
REQUIREMENTS FOR MAINTAINING VICIOUS DOGS,
PROVIDING FOR THEIR IMPOUNDMENT AND DISPOSAL
AND ESTABLISHING PENALTIES.
WHEREAS, there has been an alarming increase in serious
injuries and deaths caused by vicious dogs, across the State and
Nation; and,
WHEREAS, the Wichita Falls City Council finds that the
health, safety and welfare of the community will be properly
served by more specific regulation, requirements, and imposing
specific penalties on owners of vicious dogs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
Article IV, Section 5-23a( 2) is hereby amended to read as
follows:
" ( 2 ) Vicious Dogs
a) A vicious dog as the term is used in this section
means:
i) any dog without provocation who bites or
attacks a human being or domestic animal either on public or
private property, or who in a vicious or terrorizing manner
approaches any person on the streets, sidewalks or other public
place in an apparent attitude of attack; or,
ii) any dog with a known propensity, tendency, or
disposition to attack without provocation, to cause injury or to
otherwise endanger the safety of human beings or domestic
animals; or,
iii) any dog owned or harbored primarily or in part
for the purpose of dog fighting, or any dog trained for dog
fighting.
No dog shall be deemed vicious if the bite, injury
or damage was sustained by a person who, at the time was
committing a willful trespass upon the premises occupied by the
owner or harborer of the dog or by a person who has tormented or
abused the dog.
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Dogs under control of the Police Department or
other proper governmental agency are exempt from the provisions
of this Article.
(b) License Required. Any person owning a vicious dog
must obtain license. Written application for such license shall
be made to the Wichita Falls-Wichita County Public Health
Department and shall include the applicant' s name, address,
description of the animal, proof of current rabies vaccination
and payment of a fee of $10. 00. The expiration date of the
license shall coincide with the current rabies tag. Before the
license is issued, the owner shall have his/her driver ' s license
number or state identification number permanently tattooed on the
inner surface of one ear of the dog by a licensed veterinarian.
The owner of a vicious dog must be at least eighteen ( 18 ) years
old.
(c) Declaration of Vicious Dog. The owner/harborer may
voluntarily declare that he/she has a vicious dog and apply for a
vicious dog license; or, the Animal Control Department, acting on
information it has received, may declare a dog vicious after
adequate investigation.
(d) If the Animal Control Department receives a
complaint that an animal is vicious and the complainant will give
a sworn statement with particulars concerning the complaint, a
thorough investigation shall be made. If it is determined by the
Wichita Falls-Wichita County Public Health District that an
animal is vicious and presents a substantial danger to the public
health, safety and welfare of the community, the animal may be
impounded immediately and its owner promptly notified. The owner
of such animal shall have five ( 5) calendar days in which to file
a written appeal to the Director of the Wichita Falls-Wichita
County Public Health District. Should the release of the dog be
allowed, impoundment and other fees shall be paid prior to
release.
(e) Any animal determined to be vicious by the Wichita
Falls-Wichita County Public Health District may be destroyed if
( 1) written appeal to the Director is not made by
the animal owner within five ( 5) calendar days from receipt of
the notice that such animal is to be destroyed; or,
( 2) after written appeal by the owner of such
animal, it is determined by the Director that the animal is or
remains a substantial danger to the public health, safety and
welfare of the community and should be destroyed; or,
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( 3) the owner or such animal fails to or refuses
to destroy the animal as requested by official notice or order of
the Director of Health.
(f) Seizure Warrant. If the harborer of an animal
declared vicious refuses to release such animal to the Animal
Control Warden, it shall be the duty of the Animal Control
Supervisor or his designee to obtain seizure warrant from the
magistrate for seizure of the animal.
(g) Confinement. It shall be the responsibility of
the owner/harborer of a vicious dog to securely confine such
animal. A vicious dog shall be confined in an enclosure with the
walls or fence at least six ( 6) feet high and otherwise designed
to prevent escape by the dog, and the enclosure must be securely
locked. It shall be unlawful for a vicious dog to be outside the
dwelling of the owner or outside the enclosure unless it is
necessary for the owner to obtain veterinary care for the vicious
dog or to sell or give away the vicious dog or to comply with
directions of the Animal Control Department. In such event, the
vicious dog shall be securely restrained with a chain having a
minimum tensile strength of three hundred ( 300) pounds and not
exceeding three ( 3 ) feet in length, and shall be under direct
control and supervision of the owner/harborer or humanely caged.
Unless confined or restrained under conditions stated above, the
vicious animal shall be considered at-large and subject to the
penalties of this section. A vicious dog may not be chained to
any object outside the dwelling or locked enclosure either on or
off the property of the owner.
(h) Sign. The owner/harborer shall display a sign on
the premises warning that there is a vicious dog on the premises.
The sign shall be visible and capable of being read from the
public street or highway.
(i) Inspection. An inspection of the premises and the
vicious dog shall be made twice a year and at any other time
deemed necessary by the Animal Control Department.
(j ) Penalty. Any person violating any provision of
this section shall be deemed guilty of a misdemeanor, and upon
conviction shall be punished by fine not exceeding $500. 00; and,
the animal shall be impounded immediately in the Animal Reclaim
Center for a minimum of three ( 3 ) days, or until the violation
has been corrected or other provisions of this ordinance have
been met.
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PASSED AND APPROVED this the 5th day of January, 1988 .
M A Y 0 R
ATTEST:
City Cl-rk
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Ad # 24 34 23
Affidavit of Publication
THE STATE OF TEXAS
Ordinance COUNTY OF WICHITA
(Paste Clipping Here)
On this Twenty Third day of January
ORDINANCE NO.1-88
AN ORDINANCE CLOSING, VA-
CATING,AND ABANDONING A A.D. 1 88 personally appeared before me, the undersigned authority
PORTION OF A FIFTEEN FOOT
WIDE ALLEY IN BLOCK 2,SCUR-
RY SUBDIVISION, WICHITA K a r.h P r i n P H . P a r r i s h bookkeeper
FALLS, TEXAS, AND RETAINING
A UTILITY EASEMENT for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ORDINANCE NO.2-88
ORDINANCE WAIVING THE
PENALTY AND INTEREST Times/Record News, a newspaper published at Wichita Falls in Wichita County,
PROVISIONS OF ORDINANCE
48-83 FOR DELINQUENT TAXES Texas, and upon being duly sworn by me, on oath states that the attached
DUE TO CITY ON TAX AC-
COUNT 3300-552-000. advertisement is a true and correct copy of advertising published
ORDINANCE NO.3-88
ORDINANCE CLOSING HEAR- in One ( 1 )
ING AND FINDING CERTAIN issues thereof on the following dates:
BULDINGS AND/OR STRUC-
TURES TO BE DANGEROUS:
COMMANDING PROPERTY I January 22. 1988
OWNERS TO REPAIR OR DE- y
MOLISH SAID BUILDINGS
AND/OR STRUCTURES WITHIN ,
THIRTY(30)DAYS OF THE DATE /
OF THIS ORDINANCE AND A.' '2
DECLARING AN EMERGENCY.
ORDINANCE NO.4-88 Bookkeeper for Times Publishing Company
I ORDINANCE AMENDING
ARTICLE T SECTION 5-1 OF OR-1 of Wichita Falls
DINANCE 63.85 TO REMOVE 1
ALOWANCE FOR A DOG TO BE
UNDER VERBAL- COMMAND.
WITHOUT A LEASH WHILE ON EAL) Subscribed and sworn to before me this the day and year first above written.
THE OWNER'S PROPERTY AND I
NOT IN AN ENCLOSURE. r
ORDINANCE NO.5-88 C
ORDINANCE AMENDING]
ARTICLE IV, SECTION 5-23 OF
ORDINANCE 63-85 DESCRIBING a T j
VICIOUS DOGS,REQUIREMENTS.1" ='
FOR MAINTAINING VICIOUS ;, -'n7,;:^3
DOGS PROVIDING FOR THEIR p
IMPOUNDMENT AND DISPOSAL 7^..iSS:G:3.1'�.iS 1i:��
AND ESTABLISHING PENALTIES.
ORDINANCE NO.6-88
ORDINANCE WAIVING A POR-
TION OF ORDINANCE NO.
63.85 ARTICLE VI, SECTION
5-47A IN ORDER TO ALLOW
MICHAEL CAMPBELL TO KEEP
TWO SHEEP AT 4718 CYPRESS
STREET IN SMALLER THAN A
PEN MEASURING 600 SQ.FEET
PER LIVESTOCK AND LESS THAN
200 FEET FROM RESIDENCES ON
PROPERTY OF OTHERS.
ORDINANCE NO.7-88
ORDINANCE WAIVING SEC-
TION 22-1, SUBSECTION(a)(9)
AND SECTION 22-4 OF THE
CODE OF ORDINANCES TO
ALLOW THE POSTING OF
ADVERTISING DEVICES AND
THE POSSESSION AND CON-
SUMPTION OF BEER AT HAMIL-
TON PARK AT THE "EASTER
SEAL RUN" ON SATURDAY,
MARCH 19, 1988.
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