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Ord 2080 3/30/1964 ■ ■ ORDINANCE NO. C� AN ORDINANCE REPEALING ORDINANCE NOS. 1784 AND 1802 AND PROVIDING FOR THE LICENSING OF ALL DOGS WITHIN THE COR- PORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS; PRE- VENTING DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS; AUTHORIZING THE IMPOUNDING AND DESTRUCTION OF DOGS; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. Definition of terms. As used in this ordinance, unless the context otherwise ind cates : (a) "Dog" shall be intended to mean both male and female. (b) "Owner" shall be intended to mean any person or persons, firm, association or corporation owning, keeping or harboring a dog. (c) "At large" shall be intended to mean off the premises of the owner, and not under the control of the owner, or a member of his imme- diate family, either by a leash, chain, cord or other suitable material attached to a collar or harness . SECTION 2 . Permits required. All dogs five (5) months of age or older kept, harbored or maintained by their owners in the City of Wichita Falls shall have a permit. Dog permits shall be issued by the Director of the Department of Public Safety upon payment of a permit fee of One Dollar ($1.00) for each dog, male or female. Should an owner own over five dogs and up to ten dogs he shall pay Fifty Cents ($ .50) for each permit over five and up to ten which he purchases . Should one owner own or keep over ten dogs he shall pay Twenty-Five Cents ($ .25) for each permit in excess of ten ac- quired. The Director of the Department of Public Safety may authorize any licensed veterinarian to be his agent to collect the permit fee. The owner shall state at the time application is made for such permit and upon printed forms provided for such purpose, his name and address, and the name, breed, color and sex of each dog owned or kept by him. The pro- visions of this section shall not be intended to apply to dogs whose owners are non-residents temporary within the City, nor to dogs brought into the City for the purpose of participating in any dog show, but in no event shall the Director of Public Safety or its duly authorized agents issue a permit tag to any owner of a dog unless and until such owner shall fur- nish the rabies vaccination certificate issued by a licensed veterinarian. The permit shall be in effect for the life of the said dog. The dog owner may, in lieu of obtaining a tag, have the permit number tattooed upon the right ear of his dog. Upon change of ownership of a dog which has a permit it shall be the responsibility of the permit holder to have said permit changed to the new owner of said dog. SECTION 3. Vaccination. 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 with anti-rabies vaccine within one (1) year preceding the date on which such dog is kept and maintained. Live Flury strain chick embryo vaccine shall be used on all dogs over five (5) months of age. - 2 - SECTION 4. That the provisions of this ordinance shall not apply to dogs which are not over five (5) months of age. SECTION 5. Duty of officers to impound® It shall be the duty of the City Animal Warden, his depu- ties, or City police officers to cause to be taken up and impounded all dogs loose and at large, in violation of the terms of this ordinance. SECTION 6. Impoundment by private person. Any person may take up and deliver to the City Animal Control Center any dog which the Animal Warden is required to impound. Every person, other than the Animal Warden, or his deputies, or a police officer, that takes up any dog under this provision shall immediately give notice thereafter to the Animal Warden and to every such person or any person in whose custody such animal may in the meantime be placed, shall deliver such dog to the Animal Warden without fee or charge, and the Animal Warden shall thereupon hold and dispose of such animal as though such animal had been found running at large and impounded by him. Every person who observes a dog in violation of any of the terms of this ordinance shall have the right to file a written complaint against the owner of said dog at the City of Wichita Falls Police Department. SECTION 7 . Refusal to deliver unlicensed or unvaccinated dogs. No person shall refuse to deliver any unlicensed or unvaccinated dog to the Animal Warden, any of his deputies or any City police officer upon grounds for impounding. SECTION 8. Right to redeem; Conditions. The owner of any dog impounded as aforesaid shall have the right to redeem the same upon payment to the City of Wichita Falls Accounting Department a Two Dollar ($2 .00) impounding fee and the sum of Fifty Cents ($ . 50) for each day held in the City Animal Control Center, for each dog so redeemed. SECTION 9. Time to redeem. 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 destroyed it shall be the duty of the City Veterinarian or his appointed agents to supervise said destruction. All dogs so destroyed shall be destroyed by (1) injection of a lethal drug; (2) decompression; (3) gas chamber; or (4) other humane methods, but in no instance by gunshot. SECTION 10 . Vaccination of redeemed dogs . Any dog at the City Animal Control Center must be vac- cinated against rabies subject to the provisions of Section 3 of this ordinance before such dog may be redeemed. SECTION 11. Redemption of unspayed females . No unspayed female dog shall be released by the City Animal Control Center unless such dog is claimed by the original owner. The Animal Warden may release said dog to one other than the owner upon deposit with him of the prevailing charge for spaying of a female dog for which the Animal Warden shall give the owner a receipt. It shall then - 3 - be the duty of the Animal Warden to take said female dog to a licensed veterinarian of the owner' s choosing and have it spayed, and upon com- pletion of the spaying operation said veterinarian shall release said dog to its owner or claimor. Any person claiming an unspayed female dog shall present to the Animal Warden or his deputy proof that he is the owner of the dog by: (a) Registration papers for said unspayed female dog (b) Proof that he was the person who had the said unspayed female dog vaccinated by a licensed veterinarian (c) Presentment of a valid permit for said unspayed fe- male dog (d) A written contract of sale which substantially identifies the unspayed female dog. SECTION 12 . Confinement of certain dogs. 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 8 herein; provided, however, that if any dangerous, fierce or vicious dogs so found at large cannot safely be taken up and impounded, such dog may be slain by any policeman. SECTION 13. Quarantining of dogs exposed to rabies. Any dog that has rabies or symptoms thereof or that is suspected of having rabies or that has been exposed to rabies, shall be at once released to the Animal Warden for disposal or at the direction of the Director of Public Health, either confined in a veterinary hospital approved by the Director of Public Health, or immediately and securely confined by tying with a chain of good quality and kept at a designated place under the supervision of the Department of Public Health for a period of not more than sixty (60) days. SECTION 14. Quarantining of rabid dogs or animals which have bitten persons . Every animal of the canine species that has rabies or symptoms thereof, or any animal that bites, scratches or otherwise at- tacks any person or persons within the city limits, shall be, at the dis- cretion of the Director of Public Health, upon complaint of the injured person, either immediately and securely confined by the owner, or one having custody, by tying with a chain of good quality for a period of ten (10) days, in such a place that no person or animal may be bitten by it, and there held subject to inspection from time to time so as to be able to determine whether said animal is affected by rabies ; or said animal shall be quarantined and held for a like time in any veterinary hospital approved by the Director of Public Health after which time the dog shall be examined by a licensed veterinarian and may then be released in con- formity with the provisions of this ordinance. SECTION 15. Reporting rabid dogs. It shall be the duty of the owner, or the haborer, or 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 atten- 1 • - 4 - tion has been directed. This report shall be made immediately upon diag- nosis or suspicion of such cases of rabies. SECTION 16. Penalty. Any person violating the provisions of any of the fore- going sections pertaining to dogs shall be fined not exceeding Two Hundred Dollars ($200 .00) , provided that the provisions requiring payment of per- mit fees shall not apply to dogs following transients through the City. SECTION 17 . 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 quiet of the neighborhood or the occupants of adja- cent premises to be disturbed, or reasonably liable to be disturbed, shall be guilty of a misdemeanor and, upon conviction, shall be fined not ex- ceeding 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 18. Separability of provisions. It is the intention of the City Council that each sepa- rate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 19. Emergency. The fact that many people live within the city limits of the City of Wichita Falls, Texas, and that there is an urgent need for protection against dogs and other animals of the canine species; and for the peace of mind and public safety of the citizenry of said City, it is hereby ordained that the foregoing ordinance is an emergency measure, and since such emergency exists , this ordinance shall go into effect immediately upon its passage. / PASSED AND APPROVED this the4 h day of ,c ___z„IO , 1964. Sc) fAYOR A T T E S T :• i City Clerk 5":` F " .� y. ,. ° �` Affidavit of Publication In AID:456-6s W(TH1N', TI E`ttiOORAiff LIMITS OF THE CITY OF WICHITA FALLS, TEXAS; PREVENTING DOGS THE STATE OF TEXAS FROM RUNNING AT LARGE WITH- IN THE CORPORATE LIMITS OF THE' CITY OF WICHITA FALLS: AU- THORIZING COUNTY. THE IMPOUNDING AND COUNT OF WICHITA DESTRUCTION OF DOGS PROVIDING ;A PENALTY; AND DECLARING AN ire) .EMERGENCY. - - BE IT ORDAINED BY THE BOARD 11321 OF ALDERMEN OF THE CITY OF On this .. day of WICHITA FALLS, TEXAS: SECTION 1. Definition of terms. As used'in this ordinance, unless the,lr} U�1. context otherwise indicates: A.D. - . personally appeared before me, the undersigned authority (a) "Dog" shall be intended to mean both male and female. (b) "Owner" shall be intended to mean Pat Pendleton , bookkeeper any person or persons, firms, associa- lion.'or corporation owning, keeping.or 1l1rb21124 a dp9 .:i (c) At large` Shall be. thtenced to for the Times Publishing Company of Wichita. Falls, publishers of the. 1got ind pfemtse§ ft? Oltfler, na get under t e control of 3be-o ner or a �,•;&o'b. sfmmedi te, l;3Eittiai Wichita Falls Record News, a newspaper published at Wichita Falls in ¢y- raasji eflain cord.,;or of Ler,stilt; able maTenai'attached to a collar ar,hat*' 'ness. SECTION 2. Permits required. Wichita County, Texas, and upon being duly sworn by me, on oath states All dogs five (5) months of age or old- er kept, harbored or maintained by their owners in the City of Wichita Falls that the attached,advertisement is a true and correct copy of advertising shall have a permit. Dog permits shall be issued by the Director of the Depart- ment of Public Safety noon pavm=nt of published in a One (1) issues thereof on the following a permit fee of. One Dollar (51.00) for each dog, male or female. Should an dates owner own over five dogs and up to ten dogs he shall pay Fifty Cents ($30) for 1964 T leach permit over five and up to ten April _ 9 !which he purchases. Should one owner • down or keep over ten dogs he shall pay Twenty-Five Cents (5.25).for each permit in excess of ten acquired. The Director. r�� of the Department of Public Safety may authorize any licensed veterinarian to be his agent to collect the permit fee. Bookkeeper for Times Publishing Company The owner shall state at the time Mali- cation is made for such permit and of Wichita s ;upon printed forms provided for such purpose, his name and address, and the name, breed, color and sex of each dog owned or kept by him. The provisions Subscribed and sworn to before me this the day and year first above of this section shall not be intended to apply to dogs whose owners are non- La written. residents temporary within the City, nor to dogs brought into the City for the pur- pose of participating in any dog show, �i' ` e, / but in no event shall the Director of! Public Safety or its duly authorized e /��/ - , �, � R� agents issue a permit tag to any owner `- .[ � ""�•'°°"°` of a dog unless and until such owner shell furnish the rabie':vaccination cer- tificate issued by a licensed veterinar- ian. The permit.shall be in effect for the life of the said dog. The dog owner may, in lieu of obtaining a tag, have the permit number tattooed upon the right I ear of his dog. Upon change of owner- I ship of a dog which has a permit it shall be the responsibility of the permit holder to have said permit changed to the new owner of said dog. SECTION 3. Vaccination. It shall be unlawful for the owner of any dog to keep or maintain such dog un- less it shall have been vaccinated by a licensed veterinarian with anti-rabies vac- cine within one (1) year preceding-th' date on which such dog is kept and maintained. Live Flury strain chick em- bryo vaccine shall be used on all dogs over five (5) months of age. SECTION 4. That the provisions of this ordinance"shall not apply to dogs which are not over five (5) months of age. SECTION 5. Duty of officers to impound. it shall be the duty of the City Ani- mal Warden, his deputies, or City police officers to cause to be taken up and impounded all dogs loose and at large, in violation of the terms of this ordi- nance. SECTION 6. Impoundment by private, (person. Any person may take up and deliver to the City Animal Control Center any dog which the Animal Warden is re- quired to Impound. Every person, other than the Animal Warden, or his deputies, or a police of-' ficer that takes up any dog under this provision shall immediately give notice thereafter to the Animal Warden and to IeverY such person or any person in whose. custody such animal may in the mean- time be placed, shall deliver such dog to the Animal, Warden without fee or charge, and the Animal Warden shall • !thereupon hold and dispose of such ani- mal as though such animal had been 'found running at large and impounded by him. Every person who observes a dog in violation of any of the terms of this ordinance shall have the right to file a written complaint against the owner of said dog at the City of Wichita Falls Police Department. SECTION 7. Refusal to deliver unlicensed''. or/unvaccinated dogs. No Person shall refuse to deliver any SECTION 7. Refusal to deliver unlicensed or unvaccinated dos. otC I ioN la.which aveing of rabid dogs dogs. animals which hav No person shall refuse to deliver any a bitten persons. unlicensed or unvaccinated dog to the Every animal of me mnith species or Animal that has al the or symptoms thereof, or Warden, any of his deputies or any animal that bites, scratches or oth-' any City police officer upon grounds for I erwise attacks any Y Person or persons SECTION 8. Right to redeem; Conditions. within the city limits, shall be, at the dis- SECTION owner of any dog impounded as upon of the Director f the of Public person, aforesaid shall have the right to redeem upon complaint of nde icjueed onfson, the same upon either Immediately and shaving custody, p payment To the City of by the owner, or one having custody, Wichita Falls Accounting Department a by tying with a chain of good Two Dollar ($2.00) impounding fee and for a quality the sum of Fifty Cents (5.501 for each period of (l o) animal in such a day held in the City Animal Control place that It, person thor ere held subject may bo Y bitten oy ir, and throe held o to Center, for each dog so redeemed. inspection from time to time so as to be SECTION 9. Time to redeem. able to determine whether said animal It shall be the duty of the Animal is affected by rabies; or said animal Warden to keep all tagged dogs for a' shall be quarantined and held for a like Period of one hundred twenty (120) hours time in any veterinary hospital,approved from the date of impounding, and all un- by the Director of Public Health after tagged dogs for a period of seventy-two l 1 which time the dog shall be examined (72) hours from the date of impounding.i 'by a licensed veterinarian and may then All such dogs not redeemed within the I be released in conformity with the pro- I time shall be destroyed, sold or adopted, ',visions of this ordinance. provided, however, that should a dog be 'SECTION 15. Reporting rabid dogs. destroyed it shall be the duty of the City, It shall be the duty of the owner, or Veterinarian or his appointed agents to the harborer, or the practicing veterin- supervise said destruction. All dogs so de-; arian to report to the Director of Public stroyed shall be destroyed by (1) injec- Health all cases of rabies with which he tion of a lethal drug; (2) decompres-I comes in contact or to which his atten- sion; (3) gas chamber; or 141 other hu- tion has been directed. This report shall mane methods, but in no instance by, be made immediately upon diagnosis or gunshot. suspicion of such cases of rabies. I SECTION 10. Vaccination of redeemed 'SECTION 16. Penalty. i dogs. Any person violating the provisions of' Any dog at the City Animal Control any of the foregoing sections pertaining Center must be. vaccinated against rabies to dogs shall be fined not exceeding Two subject to the provisions of Section 3 of, Hundred Dollars ($200.00), provided that i this ordinance before such clog_may be' the provisions requiring payment of per- 'redeemed sus ,x -..w63.p, i- "` mit fees shall not apply to dogs follow- CT lip N,11 Redem Ion eF.,. $ayed'� ing transients through the City. ,ti Rdles _ ;{ 7 '. ' " . SECTION 17. Barking dogs. - - ' Any person who shall harbor or keep, i g,,�o9 ,Snot,) be ne- 'on his premises or in or about his prem- e i q'_A" irrlaf Control Center ises, or premises under his control, any 1 t*Y:9Dch dog—Is claimed by the ori- dog or animal of the canine species al owner. The Animal Warden may', which, by loud or unusual barking or! Irelease said dog to one other than the 1 howling, shall cause the peace and quiet, owner upon deposit with him of the pre-1 I of the neighborhood or the occupants oft veiling charge for spaying of a female adjacent premises to be disturbed or dog for which the Animal Warden shall reasonably liable to be disturbed, shall give the owner a receipt. It shall thers be guilty of a misdemeanor and, upon I be the duty of the Animal Warden to'' conviction, shall be fined not exceeding take said female dog to a licensed veter- Twenty-Five Dollars ($25.00), and each inarian of the owner's choosing and have and every twenty-four hour period that it spayed, and upon completion of the said dog shall remain or be kept on any I spaying operation said veterinarian shall such premises shall constitute a separate' release said dog to its owner or claimer. offense. I Any person claiming an unspayed female SECTION 18. Separability of provisions. i dog shall present to the Animal Warden It is the intention of the City Council or his deputy proof that he is the owner that each separate provision of this or-I of the dog by: dinance shall be deemed independent of (a) Registration papers for said un all other provisions herein, and it is fur- spayed female dog Cher the intention of the City Council I (b) Proof that he was the person who) that if any provision of this ordinance be had the said unspayed female dog vac-j declared invalid, all other provisions! cinated by a licensed veterinarian thereof shall remain valid and enforce (c) Presentment of a valid permit SECTION for I :able. unspayed female dog 71 ON 19. Emergency. The fact that many people live within (d) A written contract of sale which! Ithe city limits of the City of Wichita substantially identifies the unspayed fe- Falls, Texas, and that there is an urgent male dog. 'need for protection against dogs and oth- SECTION 12. Confinement of certain er animals of the canine species; and dogs. 1 ter the peace of mind and public safety. No dogs of fierce, dangerous, or vicious I of the citizenry of said City, it is hereby'. I propensities, and no female dog in heat, !ordained that the foregoing ordinance is I I whether licensed or not, shall be allowed an emergency measure, and since such Ito run at large or upon the premises of emergency exists, this ordinance shall go one other than the owner. If any such into effect immediately upon its passage. dog is found running at large in violation PASSED AND APPROVED this the 30th 1 I of this provision, it shall be taken up day of March, 1964. s-John J. Gavin, and impounded and shall not be released Mayor. ATTEST: W. B. Hicks, City Clerk except after payment of the fees provided in Section 8 herein provided, however, I that if any dangerous, fierce or vicious I dogs so found at large cannot safely be 'taken up and impounded, such dog may be slain by any policeman. SECTION 13. Quarantining of dogs ex- posed to rabies. Any dog that has rabies or symptoms thereof or that is suspected of having rabies or that has been exposed to rabies, shall be at once released to the Animal Warden for disposal or at the direction of the Director of Public Health, either confined in a veterinary hospital approved 1 by the Director of Public Health, or im- j mediately and securely confined by ty ing with a chain of good nuality and kept at a designated place under the sup-I ervision of the Department of Public I 1 Health for a Period of not more than sixty (60) days. SECTION 14. Quarantining of rabid dogs 1 or animals which have bitten persons. Every animal of the canine species, l that has rabies or symptoms thereof. nr I