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Ord 3000 8/5/1975 f} • ORDINANCE NO. 4,W AN ORDINANCE REGULATING THE KEEPING OF ANIMALS AND FOWL; PROHIBITING RUNNING AT LARGE; REQUIRING LICENSING OF DOGS; PRO- VIDING RABIES CONTROL; REQUIRING HUMANE TREATMENT; PROHIBITING KEEPING OF WILD ANI1-'ALS; PROVIDING FOR IMPOUNDMENT AND REDEMPTIOI; PROHIBITING LOUD BARKING DOGS; PROVIDING A PENALTY. BE IT ORDnTNED BY THE BOARD OF ALDERMt;N OF THE CITY OF WICHITA FALLS, TEXAS, THAT: ARTICLE I . Definitions SECTION I . When used in this ordinance, the following words and phrases shall have the meanings ascribed to them below: Animal Any live creature, domestic or wild. Animal Shelter Any facility operated by a humane society, or municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this ordi- nance or state law. Circus A commercial variety show featuring animal acts for public entertainment. Kennel Any iot, building, structure, enclosure, or premises wherein 6 or more animals, 4 months of age or older, are kept or maintained for the purpose of breeding, training, boarding, or raising for profit or. pleasure. Owner Any person, partnership, or company owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered. Performing Any spectacle, display, act, or event other Animal than circuses, in which performing animals are used. Pet Any animal kept for pleasure rather than utility. Public Nuisance Any animal or animals which do any of the following: A. molest passersby or passing vehicles B. attack other animals without provoca- tion C. trespass on school grounds D. are at large E. damage private or public property F. bark, whine, or howl in an excessive, continuous, or untimely fashion At Large Any animal not secured by a leash or lead, and not physically restrained within the real property limits of its owner. 4 Sterilization In the male, a testectomy; in the female, an ovarectomy. Veterinary Any establishment maintained and operated Hospital by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. Vicious Animal Any animal that by reason of its behavior would constitute a physical threat to human beings or other animals. Wild animal Any animal of the canine or• feline species normally found in a wild state, and poison- ous snakes , raccoons , skunks , opossums , wolverines and badgers . Zoological Any facility exhibiting animals that is Park operated under the auspices of a govern- mental agency, or possessing a municipal permit. ARTICLE II. In General SECTION 2. Animals running at large. The running at large of horses , mules, jacks , jennets, cattle, sheep, goats , hogs or geese, within the city is hereby declared a nuisance, and positively prohibited, and it is hereby made unlawful for the owner or keeper of any such animals to permit the same to run at large within the city. SECTION 3. City Animal Control Center authorized. The board of aldermen shall select and establish a place within the city for impounding such of said animals as are found run- ning at large. SECTION 4. Impoundment, sale disposal of animals, referenced in Section 2 above, found running at large. The animal control warden and his assistants shall take up and impound any animal found running at large in the city limits. The animal control warden shall proceed to sell the animals so impounded at public auction for cash, first giving five (5) days notice of the time, terms and place of the sale in the daily official newspaper of the city, describing the animal impounded and stating that the same will be sold to defray costs if not reclaimed and costs paid before the day of sale. If not reclaimed by such day, he shall between the hours of 10 : 00 a.m. and 4 :00 p.m. on such day, sell such animal at public auction and after deducting all the expenses of taking up and keeping such animal, and the fees set out in section 6 , the city shall return the balance of the proceeds, if any, to the owner of the animal. If no owner shall call for the animal within thirty (30) days from day of sale, the balance shall be paid into the city treasury. At any time within six (6) months after such sale, the owner may apply to the board of aldermen, and upon satisfactory proof of his ownership he shall be entitled to receive the amount paid into the city treasury on account of such sale. Provided that if such animal be diseased or afflicted in any manner to render it worthless or a menace to public health, advertisement that it has been impounded may be dispensed with, and when certificate of any licensed veterinary surgeon shall be filed with the city clerk appropriately describing such animal and the infirmity from which it suffers , -2- • and declaring that no reasonable expectation exists for its restoration to a marketable condition, such animal may be des- troyed in the manner directed by the department of public safety. SECTION 5. Redemption of impounded animals. The owner of any animals impounded as aforesaid may redeem the same as follows: Before sale: By paying the expenses of taking up and keeping and the city' s fee for impounding the same, together with the cost of advertising, if any. After sale: By paying to the purchaser double the amount bid by him for such animal or animals and his reasonable expenses for keeping the same; provided the owner so redeems such ani- mal within thirty (30) days after the date of sale; otherwise such animal shall become the absolute property of the purchaser. SECTION 6. Impoundment fees. The folowing shall be the fees charged as poundage for taking up the impounding for such animals: per head ten dollars ($10.00) ; fifteen dollars ($15.00) per head for the second time within a twelve (12) month period; twenty dollars ($20. 00) per head in any case in which the same owner' s animals are impounded for the third or more times in any twelve (12) month period. Fees for taking care of such ani- mals, per head per day two dollars ($2.00) ; for selling such animals, fifty cents ($. 50) per head; for preparing advertise- ment of sale, fifty cents ($. 50) ; for cost of newspaper adver- tisement. All fees, costs and proceeds from sale of impounded animals shall be remitted by the animal control warden at least once each week to the department of finance, together with a detailed report of each and every transaction. The animal control warden shall also furnish the department of finance once each month the animal control center record kept by him for audit. SECTION 7. Unauthorized persons not to impound animals. It shall not be lawful for persons other than those designated in this article to engage in catching or impounding stock; nor shall any reward be given for such catching or impounding, and any person detected driving any of such animals into the city, and any officer or person authorized to impound such animals, detected in offering a reward of any kind whatsoever to any person to catch or impound any such animal, or to drive the same within the city limits, shall be deemed guilty of a mis- demeanor. SECTION 8. Records to be kept. The animal control warden shall keep a book giving the description of all animals impounded by him, the date of impounding, the date of sale, the amount realized for each such animal and the name of its purchaser. SECTION 9 . Detention of trespassing animals. If any of the animals named in section 2 break into the enclosure or are found upon the premises of anyone, the owner or occupant of such premises shall have the right to confine such animal until he can notify the animal control warden or assistant animal control wardens to come and impound such animal; provided the same is done within a reasonable length of time. When so noti- fied, it shall be the duty of such officers at once to cause such animal to be impounded. SECTION 10. Fowls running at large. It shall be unlaw- ful for any person owning or controlling any chickens, guineas, turkeys or other fowls to allow the same to run at large within -3- • the city limits, except antwerp messenger or homing pigeons commonly called carrier pigeons and racing pigeons. SECTION 11. Impoundment, sale and disposal of fowls running at large. A. Any chickens, turkeys, guineas or other fowls run- ning at large within the city in violation of Section 10 shall be subject to impounding and destruction by the city, and. any chickens, turkeys , guineas or other fowls impounded by the city shall be subject to sale by the city, for the purposes of repaying the city for the expenses of impounding and keeping the same, and the animal control personnel are authorized and it is made their duty to impound, catch and restrain from their liberty, destroy and otherwise prevent the running at large of any chickens, turkeys, guineas or other fowls. B. Any chickens, turkeys , guineas or other fowls im- pounded by the city under the provisions ' of this article may be sold after one (1) day' s notice to the owners thereof, such notice to be given by posting in a public place at the city hall, such sale to be at public auction to the highest bidder, and the proceeds of such sale to be first applied to the expense of the sale, then to expense of impounding and keeping the fowls sold, and the remainder, if any, to bse turned over to the owner of the fowls, if such owner shall within thirty (30) days prove his ownership to the satisfaction of the director of public safety. If such proceeds are not so claimed by the owner at the end of thirty (30) days time, same shall be paid into the treasury of the city, and credited. to the general fund. C. A fee of one dollar ($1. 00) shall he charged for the impounding of any chickens, guineas , turkeys or other fowls under the provisions of this article before the fowl so im- pounded shall he turned over to their owners. SECTION 12 . Quarantining of rabid dogs or animals and animals which have bitten persons ; redemption fee. Every animal that bites, scratches, or otherwise attacks any person or persons within the city limits shall be, upon complaint of the injured person, quarantined and held for a period of ten (10) days in any veterinary hospital approved by the Director of Public Health, in the Animal Control Center, or any other fac- ility approved by the Director of Public Health. Any such animal, prior to being redeemed by an owner, shall be examined by a licensed veterinarian, and the cost of such examination shall be borne by the owner. In the event an owner of the subject animal has not been identified, the victim at his option may elect to have the dog examined by a. licensed veter- inarian or have tissues submitted for laboratory examination. The costs incurred will be borne by the victim. SECTION 13. Breeding or keeping of certain pigeons pro- hibited. A. It shall be unlawful for any person to breed, raise or keep pigeons within the corporate limits of the city, except Antwerp messenger or homing pigeons commonly called carrier pigeons. B. The Antwerp messenger or homing pigeon commonly called carrier pigeon shall have the name of its owner stamped upon its wing or tail or bearing upon its wing or tail or bearing upon its leg a band or ring with the name or initials of the owner or an identification or registration number stamped thereon when being permitted to race or to fly for necessary exercise and training and under restraint and control of its owner. The coop, -4- pen, housing, structure or 'enclosure shall be kept clean and free of offensive odors and shall not be less than a distance of fifty (50) feet measured in a straight line from the near- • est point of the pen enclosure or other structure in which such pigeons are kept to the nearest point of any residence, church, school , convalescent home or nursing home other than the resi- dence of the keeper, possessor or owner of said pigeons. SECTION 14. Keeping of swine prohibited. It shall at any time be unlawful for any person to keep hogs, or pigs, within the city. SECTION 15. Fee for collection and disposal of dead large animals. There is hereby established a fee of fifteen dollars ($15 .00) for the collection and disposal of each dead large animal within the city of Wichita Falls. This fee shall be paid either directly to the city of Wichita Falls, or to such contractor for remittance to the city of Wichita Falls. The term "large animals" shall include horses , mules, donkeys , cattle, - sheep, goats, hogs, and other animals of like or larger size. ARTICLE III . Licensing SECTION 16. Any person owning, keeping, harboring, or having custody of any dog over five months of age within this municipality must obtain a license as herein provided. SECTION 17 . Written application for licenses shall be made to the- Animal Control Warden which shall include name and address of applicant , description of the animal, the appropri- ate fee, and rabies certificate issued by a licensed veterinar- ian or anti-rabies clinic. SECTION 18. If not revoked, licenses for the keeping of dogs shall be for a period of up to one (1) year. SECTION 19 . Application for a license must be made with- in thirty (30) days after obtaining a dog of five months, except that this requirement will not apply to a non-resident keeping a dog within the municipality for no longer than sixty (60) days. SECTION 20. License fees shall not be required for see- ing eye dogs or governmental police dogs. SECTION 21. Upon acceptance of the license application and fee, the Animal Control Wardc'.n shall issue a durable tag or identification collar, stamped with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the dog' s collar or harness. SECTION 22 . Dogs must wear identification tags or collars at all times when off the premises of the owners. SECTION 23. The Animal Control Warden shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public. SECTION 24. The licensing period shall run concurrently with the validity of the rabies vaccination. SECTION 25. A license shall be issued after payment of the annual two dollar ($2. 00) fee. SECTION 26. A duplicate license may be obtained upon payment of a one dollar ($1. 00) replacement fee. -5- SECTION 27. No person may use any license for any ani- mal other than the animal for which it was issued. SECTION 28. This Article shall not apply to persons who keep dogs or dogs that are kept as a part of a business entity whose main purpose is the selling and buying of dogs. As evi- dence or qualification of the right to this exemption, the person or persons who are responsible for such business entity shall present a limited sales tax permit issued by the state. Any person or persons who cannot present a limited sales tax permit for the sale of dogs shall not be exempt from this Article. ARTICLE IV. Rabies Control SECTION 29. Reporting rabid dogs. It shall be the duty of the owner, and the harborer, and the practicing veterinarian to report to the director of public health all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diag- nosis or suspicion of such cases of rabies. SECTION 30. Quarantining of dogs exposed to rabies. Any dog that has rabies or symptoms thereof or that has had positive exposure to rabies shall be at once released to the Animal War- den for disposal or, at the direction of the Director of Public Health, confined in a veterinary hospital approved by the Direc- tor of Public Health and shall not be released until a regimen of anti-rabies treatment has been administered. SECTION 31. Vaccination required. It shall be unlawful for the owner of any dog to keep or maintain such dog unless it shall have been vaccinated by a licensed veterinarian or approved anti-rabies clinic with rabies vaccine within one (1) year pre- ceding the date on which such dog is kept and maintained. SECTION 32. Vaccination of redeemed dogs. Any dog at the City Animal Control Center must be vaccinated against rabies sub- ject to the provisions of Section 31 of this article within seventy-two (72) hours of being redeemed. ARTICLE V. Animal Care SECTION 33. No owner shall fail to provide his animals with sufficient good and wholesome food and water, adequate shelter and protection from weather, veterinary care when needed • to prevent suffering, and with humane care and treatment. SECTION 34. No person shall beat, cruelly ill treat, tor- ment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. SECTION 35. No person shall abandon an animal. SECTION 36. No person shall give away any live animal as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of business; or offer such' animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. -6- SECTION 37 . Any person who, as the operator of a motor << vehicle, strikes a domestic animal shall immediately report such injury or death to the animal' s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. SECTION 38 . No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This Section is not intended to prohibit the prudent use of herbi- cides, insecticides, or rodent control materials. No person shall expose an open trap of metal jaw type that shall be liable to injure any domestic animal or person. ARTICLE VI. Keeping of Wild Animals SECTION 39. No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses. • SECTION 40. No person shall keep or permit to be kept any wild animal as a pet. SECTION 41. The Animal Control Warden may issue a tem- porary permit for the keeping, care, and protection of an in- fant or injured animal native to this area which has been deemed incapable of surviving on its own. SECTION 42 . The Director of Public Safety shall have the power to release or order the release of any infant or injured wild animal kept under temporary permit which is deemed capable of survival. ARTICLE VII. Performing Animal Exhibitions SECTION 43 . No performing animal exhibition or circus . shall be permitted in which animals are induced or encouraged to perform for entertainment through the use of chemical, mechan- ical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. SECTION 44. All equipment used on a performing animal shall fit properly and be in good working condition. ARTICLE VIII. Animal Waste SECTION 45 . The owner of every animal shall be responsi- ble for the removal of any excreta deposited by his animal (s) on public walks, recreation areas, or private property. ARTICLE IX. Sterilization SECTION 46 . No unclaimed dog or cat shall be released for adoption without being sterilized. However, dogs and cats under the age of six months may be released to the Humane So- ciety of Wichita County and may be released for adoption under their follow-up program. -7- ARTICLE X. • KEEPING OF ANIMALS AND FOWL SECTION 47 . Permit required. It shall be unlawful for any person to keep six (6) or more in the aggregate or four (4) or more of any one species of animals and/or fowl, or any livestock within the city who does not possess an unrevoked permit from the health officer or his authorized representa- tive. Only persons who comply with the requirements of this Article shall be entitled to receive such a permit. SECTION 48 . Fee. The annual permit fee for the keepers of animals , livestock or fowls , as required by this article, shall be two dollars ( 2 . 00 ) . The permits will expire on De- cember 31st of each year and are not transferrable from person to person . . iipE: t_Lois . AL last "; Cr evs2ry six (6) months the health officer or his anthoi ized representative shall inspect eve:-y area or place for which a permit has been issued for the keeping of animals , fowl or livestock. In case the health officer or his authorized representative dis- covers the violation. of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, and the second in- spection shall be used in determining compliance with the re- quirements of this article. Any violation of the same item of this article on such second inspection 'shall call for immediate suspension of the permit. SECTION 50 . Suspension or revocation of permit. A permit may be temporarily suspended by the health officer or his authorized representative on violation by the holder of any of the terms of this Article, or revoked after an oppor- tunity for a hearing by the health officer upon serious or repeated violation or violations. SECTION 51. Right of ent _y. Th:, person keeping ani- mals , fowls or^ 1- vostoe within the city shall, upon request of the health officer or his authorized represer,tative,per- mit access to the . rea of paces of keeping of animals , fowls , or livestock. SECTION 52. fee;u l ation c; and sanitation requirements -- Keeping of fowl. It shall he unlawful for any person to vio- late any of the following rec_;u] ati :ins and sanitation require- ments: A. Keep, harbor , maintain or permit the presence on any lot or parcel of land within the city any poultry or fowl of any kind, sex or description, other than not more than one for each ten square feet of floor or ground area. B. Keep any poultry, fowl or fowls within any structure in the city without scraping the floor of the room, coop, box or compartment and thoroughly cleaning. the area within which such fowl or fowls are kept at least once every forty-eight (48) hours and so maint<lini.ng such structure or enclosure that no offensive odors are emitted therefrom. C. Keep any cli i e en or turkeys within any structure the interior of which is not whitewashed at least once every six (6) months and without spraying crude oil or some disinfectant on the roosting places at least once in each calendar month to discourage insects , fleas , mites and flies. SECTION 53 . Sam -- Keeping of animals. It shall be unlawful _fo.r any person to violate any of the following regu- lations and sanitation requirements : • • A. Animals ' pens, rooms, coops, or boxes shall be equipped with dropping trays which will be cleaned daily and/or the decomposition method using hydrid worms and/or other methods approved by the health officer or his repre- sentative. The method used will have to have the approval of the health officer or his representative. B. All persons keeping animals within the city shall keep the premises upon which such animals are kept clean and free from noxious and unpleasant odors and shall use some standard spray and/or other chemical control at reasonable in- tervals so as to keep such premises free from flies , mos- quitoes and other vectors. C. In computing the number of cats and dogs, animals under sixty (60) days of age will not be considered. D. Every keeper of animals shall confine the same in an enclosure sufficient to prevent their running at large and such enclosure shall be maintained in a clean and sanitary condition at all times; provided, however, that domestic or house cats shall not be required to be so confined unless the number of cats present on any premises shall exceed three (3) in number. SECTION 54. Same -- Keeping of livestock. It shall be unlawful for any person to violate any of the following regu- lations and sanitation requirements : A. To feed, breed, stable, pasture, or keep any cow or cows, goat or goats, horse or horses, sheep or any other livestock of like species in or on any lot, pen, building, parcel of land, stable or other enclosure in the city,any part of which lot, pen, building, stable, parcel of land or other enclosure, is nearer than one hundred (100) feet to any building occupied by any person any part of the day or night. A minimum of four hundred (400) square feet of area shall be required for each livestock, and not more than two (2) livestock shall be in any lot, pen, building, stable, enclosure or parcel of land. B. The place of feeding, breeding, stabling, pasturing or the keeping of any such livestock shall be kept free of offensive odors, flies , rodents or other pests. C. Each and every lot, pen, building, stable or other enclosure in the city, in or on which any of the named livestock in this Section or other species are kept, fed, bred, stabled, pastured or housed, shall have a suitable manure box or con- . tainer which all manure and droppings shall be placed daily. Each such box or container shall be securely screened or other- wise protected from flies, vermin and rodents, and shall be cleaned out and disinfected at least once a week. Manure from such boxes or containers shall not be left in open stacks but removed or buried. SECTION 55. Disposition of litter and droppings. Every keeper of animals, livestock or fowls shall cause the litter and droppings therefrom to be disposed of in a manner approved by the health officer or his authorized representative. SECTION 56. Storage of feed. All feed provided for ani- mals, livestock or fowls shall be stored and kept in a ratproof, flytight building, box, Container or receptacle. SECTION 57. Exceptions to Article. -9- A. Veterinary hospitals, clinics and the related prac- tices of veterinary medicine shall be excepted from the pro- visions of this Article. B. Stock shows , pet fairs , pet shops, humane societies, slaughter houses , auction pens, rodeo arenas , riding stables, circuses , public zoos , governmental agencies , laboratories, and research facilities approved by the health officer are ex- cepted from the provisions of this article. C. Undeveloped areas within the corporate limits of the city are excepted from the provisions of this article. SECTION 58 . Definitions . For the purpose of this Arti- cle the following words or terms shall have the meaning herein ascribed to !_hem: A. Fowl . "Fowl" shall include chickens , turkeys, pheas- ants , quail, guineas , geese , ducks , and,/or other feathered ani- mals regardless of age or sex, except all types of pigeons other than antwerp messenger or homing pigeons commonly called carrier pigeons. B. Livestock. "Livestock" shall include horses , Shet- land ponies , mules and donkeys , sheep, goats , cows , and similar animals regardless of age, sex or breed. C. Animals "Animals" shall include clogs , cats, monkeys, raccoons , opossums, de-scented skunks, rabbits , chinchillas, hamsters, and similar animals of all descriptions regardless of sex, other than livestock . SECTION 59 . "nforcement. This Article shall be enforced by the health officer of the city or his authorized representa- tive. ARTICLE XI . Running at Largo , Impoundment and. Redemption of Dogs SECTION 60 . Running at large declared nuisance. The running at large of a dog or dogs within the city is hereby de- clared a nuisance, and positively prohibited, and it is hereby made unlawful and deemed a misdemeanor for the owner or keeper of any dog or dogs to allow the -same to run at large within the city limits . SECTION 61. Impoundment. It shall be the duty of the city animal warden or his deputies to cause to be taken up and • impounded all dogs loose and at large, in violation of the terms of this Article. SECTION 62 . Redemption rights ; disposal of unredeemed dogs. -- ---- --- A. The owner of any dog impounded in accordance with this Article shall have the right to redeem the same upon pay- ment to the city accounting department a ten dollar ($10 .00) impounding fee and the sum of two dollars ($2.00) for each day held in the city animal control center, for each dog so redeemed. In a case in which the same owner' s dog or dogs are impounded for the second time in any twelve (12) month period, the impounding fee shall be fifteen dollars ($15. 00) per dog; in any case in which the same owner' s dog or dogs are impounded for the third or more times in any twelve (12) month period, the impounding fee shall be twenty dollars ($20 . 00) per dog. -10- B. It shall be the duty of the animal warden to keep • all tagged dogs for a period of one hundred twenty (120) hours • from the date of impounding, and all untagged dogs for a period of seventy-two (72) hours from the date of impounding. All such dogs not redeemed within the time shall be destroyed, sold or adopted, provided, however, that should a dog be des- troyed it shall be the duty of the city animal warden or his appointed agents to supervise such destruction. All dogs so destroyed shall be destroyed by injection of a lethal drug or other humane methods, but in no instance by gunshot. ARTICLE XII . Barking Dogs; Penalty SECTION 63. 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 quiet of the neighborhood or the occupants of adjacent premises to be disturbed, shall be guilty of a misdemeanor and, upon con- viction, shall be fined not exceeding twenty-five dollars ($25. 00) and each and every twenty-four (24) hour period that such dog shall remain or be kept on any such premises shall constitute a separate offense. ARTICLE XIII . Female Dogs in Season SECTION 64. Dogs ' owners shall securely confine their female dogs while in season within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity. ARTICLE XIV. Enforcement SECTION 65. The civil and criminal provisions of this ordinance shall be enforced by those persons or agencies desig- nated by municipal authority. It shall be a violation of this ordinance to interefere with an Animal Control Officer in the performance of his duties. ARTICLE XV. Severability SECTION 66. If any section, sentence or clause of this ordinance should be declared invalid, all other provisions shall remain valid and enforceable. ARTICLE XVI. Repeal SECTION 67 . Chapter 5 of the Code of Ordinances , and Ordinances No. 2334, No. 2364, No. 2731, No. 2738, and No. 2921 are repealed. ARTICLE XVII. Penalties SECTION 68. Any person violating any provision of this ordinance, except Section 63 , shall be deemed guilty of a mis- demeanor and shall be punished by a fine of not less than twenty- five dollars ($25. 00) nor more than two hundred dollars ($200 . 00) . If any violation be continuing, each day ' s violation shall be deemed a separate violation. If any person be found guilty by a court of violating Article V or Article VI , his permit to own, keep, harbor, or have custody of animals shall be deemed auto- matically revoked and no new permit may be issued. -11- PASSED AND APPROVED this the day of 1975. Z A Y O R ATTEST: °! � C TY CLERK • -12- 77' • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Poste Clipping Here) On this 25th day of September A.D. .. Z . personally appeared before me, the undersigned authority Joy Davis , bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached.advertisement is a true and correct copy of advertising published in One - (1) issues thereof or. the following dates: September 1975 .utti : •• ee I j for Times Publishing Company of ' ichi w Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. ‘.7 „:2."'*:K-Irr'7.‘te '9 . 4": 2// or controlling any chickens, guineas, such mtury or gears Ty rue ;wars 1 A. Fowl. "Fowl" shall include chickens,: turkeys or other fowls to allow the same)owner; in the event the ovi-ne- cannot be to run at large within the city limits, ex- ascertained and located, such operator tucks, pheasants,other r feathered hereeas, geese, cept Antwerp messenger or homing shall at once report the accident to the;regardless and/or ether feathered all hypes pigeons commonly called carrier pigeons appropriate law enforcement agency or To regardless of age or sex,except all types and racing pigeons. the local humane society. Y of pigeons other than Antwerp messenperl, SECTION 11. Impoundment, sale and SECTION 38. No person shall expose any or homing pig'•ons commonly called disposal of fowls running at large, known poisonous substance, whether mix- carrier pigeons. : A. Any chickens, turkeys, ed with food or not, so that the same horses, She. 'Livcponck" shall include Y guineas or horses, Shetland ponies," mules and other fowls running at large within the shall be liable to be eaten by any donkeys, sheep, goats, cows, and similar: city in violation of Section 10 shall be domestic animal or person. This Section animals regardless of age,sex or breed. subject to impounding and destruction by is not intended to prohibit the prudent use C. Animals "Animals"shall include dogs the city, and any chickens, turkeys, gut- of herbicides, insecticides, or rodent con- cats, monkeys, raccoons, opossums, de-il peas or other fowls impounded by theltrol materials. No person shall expose an scented skunks, rabbits, chinchillas, city shall be subject to sale.by the city,,open trap of metal jaw type that shall be hamsters, and similar animals of all for the purposes of repaying the city for liable to injure any domestic animal or:descriptions regardless of sex, other than the expenses of impounding and keeping person. the same, and the animal control person ARTICLE VI. livestock. ty I nel are authorized and it is made their Keeping of Wild Animals SECTION 59 enfby the t, This icerclf duty to impound, catch and restrain from I SECTION 39. No shalt cibe ty enforced ho ize health officer of their liberty, destroy and otherwise pre-!permit to be kept on his shall seep or city or his authorized representative. vent the running at large by any wild or vicious animal for display eor for Running at Large, XI chickens, turkeys, guineas or other fowls.,exhibition purposes, whether gratutiously g g Impoundment and I B. Any chickens, turkeys, guineas or or for a fee. This Section shall not be SECTION 60. R ntning at large declared:, other fowls impounded by the city under!construed to apply to zoological parks, nuisance. The running at large of a dog 1 the provisions of this article may be sold performing animal exhibitions, or clr- or dogs within the city is hereby declared!( after one (1) day's notice to the owners I cures. _ thereof, such notice to be given by post- SECTION 40. No it is nuisance,eb and positively prohibited, and any shall keep or IT s hereby made unlawful and deemed f a ORDINANCE NO. 3000 sale in a public place at the city hall such permit to be kept any wild animal as a misdemeanor for the owner or keeper of AN ORDINANCE REGULATING THE sale to be at public auction to the high- pet.' KEEPING OF ANIMALS AND FOWL; est bidder, and the proceeds of such sale SECTION 41. The Animal Control Warden at large within the city limits. to run PROHIBITING RUNNING AT LARGE; to be first applied to the expense of the may issue a temporary permit for the SECTION 61. Impoundment. It shall be : PE HIBI PROHIBITING LICENSING AT DOGS; sale, then to expense of impounding and keeping, care and protection of an infant the duty of the city animal warden or his l REQUIRING LICENSING CONTROL; GS; keeping the fowls sold, and the remain- or injured animal native to this area deputies to„(cause to be taken up and im- PROVID HUMANE T R E N T M E N T; der, if any, to be turned over to the which has been deemed incapable of sur- pounded all dogs loose and at large, in l PROHIBITING KEEPING OF WILD owner of the fowls, if such owner shall viving on its own. violation of tie terms of this Article. . PROHIBITING PROVIDING FOR IMPOUND. within thirty (30) days prove his owner- SECTION 42. The Director of Public SECTION 62. Redemption rights; disposal I MEET AND REDEMPTION; PROHIBIT- ship to the satisfaction of the director of Safety shall have the power to release or Of unredeemed dogs. ING LOUD BARKING DOGS; OHI IT- public safety. If such proceeds are not so order the release of any infant or injured A. The owner of any dog impounded In ING A PENALTY. claimed by the owner at the end of thirty wild animal kept under temporary permit accordance stein this Article shall have BE IT ORDAINED BY THE BOARD OF (30) days time, same shall be paid into which is deemed capable of survival the right to redeem the same upon pay- BE IT ORDAINED OF THE CITY AR WI- the treasury of the city, and credited to ARTICLE VII. ment to the city < CHITA ALDERMEN TEXAS, THAT: the general fund. 0 ampoundi department and a Performing Animal performing anima ten dollar (10.00) s ($2. )impounding fee and The n ARTICLE —I. C. A fee of one dollar ($1.00) shall be SECTION 43. Noperforming animal ex- sum of two dollars ($2.00) for each day Definitions charged for the impounding of any hibition or circus shall be permitted in held in the city animal control center,for'N SECTION I. When used in this ordinance, chickens, guineas, turkeys or ether fowls which animals are induced or encouraged each dog so redeemed. In a case in which e, the SECTION I. words and his ordinance,Shall under the provisions of this article before to perform for entertainment through the the same owner's dog or dogs are im- pounded the meanings ascribed to them the fowl so impounded shall be turned use of chemical, mechanical,electrical or pounded for the second time in any below: over to their owners. manual devices in a manner which will twelve (12) month period,the impounding D Animal Any live creature, domestic or!SECTION 12. Quarantining of rabid dogs cause,r sufis llikely to cause, physical in- fee shall be fifteen dollars ($15.00) per a wild. or animals and animals which have bitten g, dog; in any case in Which, the same Animal Shelter Any facility operated b a persons; redemption fee. Every animal SECTION 44. All equipment used on a owner's dog or.dogs are impounded for y any( personscortcpersons otherwise the city attacks berinrgood oolong shall fit properly and the third or more times In any twelve Animal society,Any municipal o ra agency, or its authorized agents, for the purpose of limits shall be, upon complaint of the in- in good working ARTICLE VIII. (12) month period, the impounding fee impounding or caring for animals held lured person, quarantined and held for a ARTICLE VIII. shall be twenty dollars ($20.00) per dog. under the authority of this ordinance or period of ten (10) days in any veterinary' Animal Waste B. It shall be the duty of the animal war- State law. hospital approved by the Director of SECTION 45. The owner oT every animal den to keep all tagged dogs for a period Circus A commercial variety show!Public Health in the Animal Control Cen- shall be responsible for the removal of of one hundred twenty (120) hours from e to ntmenig animal acts for public enter-,ter, or any other facility approved by the any xwalks deposited recreation areas, or priv on the date of impounding, and all intagged Director of Public Health. Any such private dogs for a period of seventy-two (72) II, Kennel Any lot, building, structure,:animal, prior to being redeemed by an property, hours from the date of impounding. All enclosure, or premises wherein 6 or more owner, shall be examined by a licensed ARTICLE IX. such dogs not redeemed within the time P animals, 4 months of age or older, are and the cost of such exa-� Sterilization shall be destroyed, sold or adopted, pro--;o kept or maintained for the purpose of t minified shall be borne by the owner. In,SECTION 46. No unclaimed dog or cat destroyed however, that shou'd a dog be breeding, training, boarding, or raising the event an owner of The subject animal shall be released for adoption without destroyed it shall be the duty of the city 131' for profit or pleasure. has not been identified, the victim at his'!being sterilized. However, dogs and cats animal warden or his appointed agents to 0 Owner Any person, partnership or cam- option may elect to have the dog esarrin- under the age of six months may be supervise such d`sdestron. All dogs so pony owning, keeping or harboring one or ed by a licensed veterinarian or have Tis-I released to the Humane Society of Wi- destroyed shall be destroyed by injection more animals. An animal shall be deem-;I sues ysubmitted for laboratory eramina_ chili County and may be released for of a ietnal drug or ether humane me- ed tenon harbored if R is fed or sheltered.;Tion. The casts incurred will be borne be adoption under their follow-up program. ;hods but in no instance by gunshot.