It shall be unlawful for any owner, manager or keeper to keep,
maintain, or harbor a rabid animal within the city. If suspected,
such animal should be reported immediately to the code enforcement
department.
(Ordinance 2418, sec. 1.15, adopted 5/19/09)
It shall be unlawful for any owner, manager or keeper to own
or keep any dog or cat in the city unless the dog or cat is immunized
against rabies by the injection of antirabies vaccine in an amount
sufficient to produce immunity. This will be done in accordance with
this article as follows:
(1) Dogs
and cats must be immunized against rabies at three (3) months of age
and every twelve (12) months thereafter.
(2) Dogs
and cats over the age of six months shall be vaccinated with live
virus type vaccine.
(3) The
rabies vaccination provided for in subsection (a) of this section
shall be performed by a licensed veterinarian.
(4) Every
owner, manager or keeper, owning or keeping any dog or cat in the
city shall, upon effecting the rabies vaccination of such dog or cat,
as above provided for, acquire a written vaccination certificate in
evidence, thereof from the licensed veterinarian administering the
same, such certificate to be signed by the veterinarian and stating
thereon the sex, breed, and color of such dog or cat, date of immunization,
and the name and address of the keeper of such dog or cat.
A person commits an offense if the person fails or refuses to
have each dog or cat owned by the person vaccinated against rabies
and the animal is required to be vaccinated under Texas Health and
Safety Code section 826.021 or ordinances or rules adopted under said
Texas Health and Safety Code by the city municipality within whose
jurisdiction the act occurs.
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(Ordinance 2418, sec. 1.16, adopted 5/19/09)
In accordance with the Texas Health and Safety Code title 10,
Health and Safety of Animals chapter 826, rabies, the city shall designate
an officer to act as the local rabies control authority for the purposes
of this article. The officer designated as the local rabies control
authority may be the county health officer, municipal health officer,
animal control officer, peace officer, or any entity that the governing
body considers appropriate. Among other duties, the local rabies control
authority shall enforce:
(1) This
article and the board rules that comprise the minimum standards for
rabies control;
(2) The
ordinances or rules of the municipality or county that the local rabies
control authority serves; and
(3) The
rules adopted by the board under the area rabies quarantine provisions
of section 826.045 of the Texas Health and Safety Code.
(Ordinance 2418, sec. 1.17, adopted 5/19/09)
The city and the city commission is concerned with the health,
safety and welfare of the general public, and finds that it is detrimental
to the health, safety and welfare of the general public of the city
to not permit within the jurisdiction of the city animals that have
become afflicted with rabies to run at-large. The city has experienced
occasions when numerous animals have become afflicted with rabies,
and other occasions when citizens of the city have been victims of
attacks by such animals afflicted with rabies. The danger to each
citizen of the city, resulting from rabies afflicted animals running
at-large within the city is of such a perilous and serious nature
as to justify, warrant and demand that some action and/or measure
be taken by the city commission for the safety, health and general
welfare of the citizens and the city. Under conditions wherein animals
are allowed to run at large within the limits of the city, it would
be most difficult, if not impossible, to curb and/or eliminate a rabies
epidemic at such time as one or more animals within the city could
be determined to be afflicted with rabies. The purpose of this section
of this article is to protect public health by establishing uniform
rules for the control and eradication of rabies in the state, in accordance
with chapter 826 of the Texas Health and Safety Code.
(1) The
governing body of the city may adopt ordinances or rules to require
that:
(A) Each dog or cat be restrained by its owner;
(B) Each stray dog or cat be declared a public nuisance;
(C) Each unrestrained dog or cat be detained or impounded by the local
animal control officer;
(D) Each stray dog or cat be impounded for a period set by ordinance
or rule; and
(E) A humane disposition be made of each unclaimed stray dog or cat on
the expiration of the required impoundment period.
(2) Henceforth
at any time the city commission, manager, animal control officer,
health inspector and/or the code enforcement officer of the city determine
the existence of a rabies epidemic or the eminent possibility of a
rabies epidemic among animals of the city, said commission or city
manager may declare a rabies emergency. In determining such emergency,
the city commission, manager shall make careful inquiry through the
city veterinarian, police department, animal control, code enforcement,
health inspector, state health department and all other sources of
information reasonably available, of the existence and nature of rabies
cases and conditions known to exist within the city. At the time of
the declaration of the existence of such rabies epidemic, the city
commission and/or manager under the signature of the mayor of the
city, shall issue its rabies epidemic proclamation, providing and
requiring therein that all animals within the city shall be required
to be confined, under the terms and conditions as provided for in
this article, for a period by Texas State Law Health & Safety
Code chapter 826, rabies; until the 181st day after the date on which
the last case of rabies is diagnosed in any animal that caused the
city commission, manager, director of public safety (chief of police),
animal control officer and/or the code enforcement officer to declare
a quarantine, unless the board or its designee, by declaration, removes
the quarantine before that date.
(3) Any
and all such rabies epidemic proclamation shall be published twice
(2) consecutively into a newspaper published in the city, which said
proclamation shall contain the beginning and ending date of the confinement
period provided for by said proclamation.
(4) Any
and all animals found running at-large during any rabies epidemic
emergency period, as heretofore provided for shall be impounded in
the city’s animal pound. In the event of such impounding, the
city shall retain said animals in pound as follows: All such dogs
bearing identification by registration tag (as provided for by other
ordinances of the city) shall be retained impounded for a period of
five (5) days. All such other impounded animals not bearing identification
by registration tag (as provided for by other ordinances of the city)
shall be retained in pound for a period of three (3) days.
(5) In
the event the city is able to determine the identity of the owner
or caretaker of any such impounded dog, by virtue of registration
tag borne by such animals, said owner or caretaker shall be notified
by the city of the impounding and shall be advised that said animal
may be redeemed at any time during said three (3) day period of impoundment
by making payment in accordance with the city’s fee schedule
of the expenses incurred by the city in picking up and impounding
said animal in the first instance. Any owner or caretaker voluntarily
appearing at the pound of the city to claim a dog impounded under
the conditions provided for herein shall be allowed to redeem said
animal upon the payment of all fees accrued as provided for in this
article. Said fee is herewith ordained and adopted as a fair and reasonable
fee in payment to the city for the expenses incurred in connection
therewith. Said fees shall be paid to the city, the same to be credited
to the general fund of the city. In the event of the inability of
the city to identify and notify the owner of any such impounded animal,
and in the further event of the failure of the owner or caretaker
of such impounded animal to call for and redeem same from the city’s
pound within the aforementioned three (3) day impounding period, said
animal may be destroyed by the city upon the expiration of said three
(3) day impounding period. The determination of animal ownership and
notification thereof by the city, as heretofore provided, is directory
only and shall not be a condition precedent to the destruction of
said animals in the event of the failure of the owner or owners to
call for and redeem same as hereinabove provided.
(6) Any
animal which cannot be caught after diligent effort has been made
to catch same may be killed or destroyed by any means deemed advisable
by the city animal control officer. Any means being a sound and humane
manner.
This section is not intended to and shall not be in conflict
with or otherwise affect any prior existing ordinances affecting the
control and regulation of animals within the city; this article being
confined only to rabies emergency conditions. The fact that the existence
or eminent danger of rabies amongst the animals in the city has been
determined, and the further fact that the health, safety and general
welfare of the citizens of the city is in jeopardy as a result thereof,
creates an emergency and urgent public necessity; therefore, the rule
providing that no ordinance shall be enacted at the meeting of the
city commission at which it is first presented and read unless an
emergency is declared is herewith invoked, and an emergency being
herewith declared so therefore this section is herewith fully and
finally enacted and shall take effect and be in force as an emergency
measure immediately upon its publication as required by law.
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(Ordinance 2418, sec. 1.18, adopted 5/19/09; Ordinance 2418-A adopted 4/2/13)