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Ordinance No. 338E • ORDINANCE NO. 338 • AN ORDINANCE PROHIBITING DOGS FROM RUNNING AT LARGE IVITHIN THE CORPORATE LPffTS OF BAYTOWN, QUARANTINING OF EXPOSED ANIMALS; REGULATING OF VICIOUS DOGS; SETTING A POUND FEE; REPEAL- ING ORDINANCES INCONSISTENT HEREWITH; CONTAIN- ING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AND THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I. Definition of Terms as used in this ordinance, unless the context otherwise indicates: (a) "Dogs" shall be intended to mean both male and female dogs. (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 other persons authorized by the owner to care for the dog, either by leash, cord, chain, or otherwise. (d) "Vaccination" is hereby defined as an injection of a vaccine approved by the State veterinarian, administered by a legally licensed veterinarian. (e) Dogs must be vaccinated at the age of two months, revaccinated at twelve months, and annually thereafter. Section II. Vaccination. All dogs kept, harbored, or maintained by their owners in the City of Baytown, Texas, shall be vaccinated. Section III. 'Running at Large.__ No owner or keeper of any dog shall permit such dog to run at large within the City limits of the City of Baytown, Texas. Section IV. Tagging of Dogs. Any dog running at large in the City of Bay- town shall be taken up by the Humane Officer and impounded in a place provided for that purpose, and if said dog is not called for by the owner within three days after the same has been taken up, the dog shall be destroyed humanely. However, any person owning any dog impounded under the terms of this ordinance shall be allowed to take such dog from the place where impounded upon the following con- ditions: (1) Upon the payment of an impound fee of the sum of Five ($5.00) 'Dollars, said fee to be placed in the General Fund of the City of Baytown. (2) If said dog has not been vaccinated for rabies and the owner thereof does not have a certificate showing that said dog has been vaccinated within the past twelve (12) months, the aforesaid dog can be receemed by the owner only after the said dog has been vac- cinated by a licensed veterinarian and certification thereof fur- nished by the City Health Officer of his authorized representative. Section V. Confinement of Certain Doas._ No dog of fierce, dangerous, or vicious propensities and no female )in heat, shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park or other public place in the City of Baytown, whether said dog is under the control of the owner or a member of ® his immediate family either by leash, cord, chain, or otherwise. Section VI. 'Rabies Notice. If a dog has bitten any person, the owner of said dog shall notify the City Health Officer, or his representative, immediately, and such dog shall be confined in the City dog pound for a period of at least ten (10) days, or kept at home by the owner to the satisfaction of the Health Officer, or shall be confined at a veterinary hospital for the same period of time at the expense of the owner. No dog held for observation shall be released from impound- ment without the authorization:of the City Health Officer. Section VII. The Health Officer and any of his representatives of the City of Baytown shall have the right to enforce any of the provisions of this law and the Health Officer is hereby delegated authority to appoint any person or persons to aid and assist him in carrying out the enforcement of this ordinance. Section VIII. Not Necessary to Negative Exceptions._ Any of,,the exemptions or exceptions set out in this ordinance may be shown as a defense to a prosecution hereunder. It shall not be necessary to negative in any complaint or information any of such exemptions or exceptions, and, when the defendant shall rely upon any said exemptions or exceptions, as a defense or justification, the burden of prov- ing the exemption or exception shall be upon him. Section U. A mail carrier, or any person maimed, crippled or otherwise physically incapacitated, shall be allowed to have a dog upon the streets for his own protection, but he shall be entirely responsible for the actions of such dog. iSection X. Any person found guilty of intentionally releasing a dog within the limits of the City of Baytown, shall be deemed guilty of a misdemeanor and upon,; conviction shall be fined not more than Two Hundred ($200.00) Dollars, and not less than Twenty -Five ($25.00) Dollars. Section XI. Any person giving information leading to the arrest and conviction of any person releasing a dog within the City of Baytown shall be paid the sum of Fifteen ($15.00) Dollars out of the General Fund of the City. Section XII. Repealing Clause. All ordinances or parts of ordinances incon- sistent or in conflict with the provisions of this ordinance shall be and the same are hereby repealed. Section XIII. Savings Clause. In the event any section, sub - section, sentence, ® clause or phrase of this ordinance shall be declared or adjudged invalid or uncon- stitutional, such adjudication shall in no means affect any other sections, sub- -2- sections, sentences, clauses or phrases of this ordinance, but all the rest hereof 0 shall be in full force and effect just as though the section, sub- section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not origi- nally a part thereof. ' Section XIV. Misdemeanor for Violation of Provisions._ _Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than Five ($5.00) Dollars, nor more than Two Hundred ($200.00) Dollars. Each and every violation of the provisions of this ordinance shall constitute a separate offense. Each and every day shall con- stitute a separate violation. Section XV. Effective Date. This ordinance shall take effect from and after • ten (10) days from its passage by the City Council. The City Clerk is hereby di- rected to give notice hereof by causing the caption of this ordinance to be pub- lished in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODWED, "READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, Texas, on this the 14th day of June, A.D., 1956. • ATTEST: GL'qk� Edna Oliver, City Clerk -3- * Lfo�_i - R. H. Pruett, Mayor