Ordinance No. 1,031ORDINANCE NO. 1031
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 5, ANIMALS, SO
AS TO REPEAL THE PROVISIONS OF SUCH CHAPTER AS PRESENTLY CON-
STITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A
NEW CHAPTER TO BE ENTITLED, "ANIMALS"; PERTAINING DEFINITIONS,
PROHIBITING THE RUNNING AT LARGE OF ANIMALS, EXCEPT CATS; PRO-
VIDING THAT MEMBERS OF THE HUMANE DEPARTMENT AND/OR OTHER DE-
SIGNATED DEPARTMENTS MAY PICK UP AND IMPOUND SUCH ANIMALS
FOUND RUNNING AT LARGE; MAKING IT UNLAWFUL FOR A PERSON TO
HARBOR SUCH ANIMALS FOR THE PURPOSE OF PREVENTING IMPOUNDMENT;
PROVIDING FOR POUNDAGE FEES; PROVIDING A REDEMPTION PROCE-
DURE; REQUIRING PROOF OF VACCINATION; PROVIDING FOR THE SALE
OR DESTRUCTION OF IMPOUNDED ANIMALS; PROVIDING FOR PUBLIC
RECORDS; REQUIRING RABIES VACCINATION; ESTABLISHING PROCE-
DURES CONCERNING ANIMAL BITES OR SCRATCHES; PROHIBITING
LOUD AND OBNOXIOUS NOISES CAUSED OR CREATED BY ANIMALS; PRO-
VIDING FOR THE SANITARY MAINTENANCE OF PREMISES; ESTABLISHING
FOOD STORAGE REQUIREMENTS; PROHIBITING SWINE WITHIN THE CITY
LIMITS; ESTABLISHING LIMITATIONS FOR THE MAINTENANCE OF LIVE-
STOCK AND FOWL; PROVIDING FOR THE INSPECTION OF PREMISES
WHERE LIVESTOCK OR FOWL ARE KEPT; AND PROHIBITING CRUELTY
TO ANIMALS; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRO-
VIDING A SAVINGS CLAUSE PROVIDING FOR A PENALTY CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 5 of the Code of Ordinances, "Animals",
as presently constituted, is hereby repealed, and the same shall cease to
have force and effect from and after the effective date of this ordinance.
Section 2: That the Code of Ordinances is hereby amended by
adding thereto a new Chapter 5, "Animals", which shall read as follows,
to-wi t:
Section 5-1. Definitions.
The following terms shall have the meanings as set out
below when used in this chapter:
"Animal". Any creature of the animal kingdom, including mam-
mals, fowl, reptiles, and animals whose natural habitat is
water, such as fish.
"Household Pets". Any animal that is kept in the home such
as dogs, cats, coons, o'possum, monkeys, etc.
"Fowl". Any animal of the class aves, such as chickens,
pigeons, ducks, turkeys, etc.
"Livestock". Any grazing animal normally found on a farm or
ranch such as cattle, horses, mules, asses, burros, sheep,
goats, etc.
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"At large". Whenever an animal is out of the immediate control
of the person having charge of it, so as not to be restrained
by a leash, chain, rope or other lead, or not otherwise
contained within a pen or fence with sufficient strength, size
and structure to control such animal.
Section 5-2. Running at large prohibited.
(a) It shall be unlawful for any person raising, owning and/or
keeping any animal to wilfully allow or permit any such animal,
except cats, to run at large.
(b) The observance of an animal running at large shall
constitute prima facie proof of a violation of this section,
and shall authorize members of the Police Department and/or
Humane Department to issue a citation for such violation.
(c) Members of the Humane Department and/or other departments
designated by the City Manager, observing an animal, except cats,
running at large shall pick up such animal for impoundment in the City
Pound. Such animal may be picked up on either public or private pro-
perty; provided, however, that an animal which must be picked
up upon the premises of its owner or other person authorized
to keep or maintain it, may be claimed by such person without
the necessity of impoundment. However, the observed violation
of allowing such animal to run at large shall nevertheless be
punishable, as provided herein, and the City's Humane Officers
and/or other authorized employees shall be authorized to issue
a citation for such violation.
(d) It shall be unlawful for any person, not the owner or au-
thorized keeper of an animal, to harbor such animal for the
purpose of preventing the City's Humane Officers and/or other
authorized employees from picking up such animal for the pur-
poses of impoundment; provided, however, the owner or occupant
of any premises shall have the right to confine any animal run-
ning at large upon such premises for a reasonable time until he
can notify the City and request that the animal be picked up and
impounded. When so notified, it shall be the duty of such de-
signated officers to cause such animal to be immediately picked
up and impounded.
Section 5-3. Poundage fees.
The following shall be the fees charged as poundage for
the impoundment of animals, as herein provided:
1. For taking up and impounding, per head -$10.00
2. For taking care of animals, per head, per day:
a. Household pets, such as dogs, cats and
other small animals - $ 3.00
b. Livestock - $ 5.00
Section 5-4. Redemption.
a. The owner of any animal impounded under the provisions
of this chapter may redeem such animal by paying the poundage
fees, together with the cost of advertising, if any.
b. All animals bearing tags or other evidence indicating
current vaccination shall be held by the City for six (6) days
after their capture and impoundment. All other animals shall
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be held for four (4) days. After the respective periods of
f time above indicated, all such animals shall become subject to
sale or destruction under the terms of this chapter.
c. Proof of current vaccination for rabies shall be re-
quired as part of the redemption procedure, as provided in
Section 5-5 hereof.
Section 5-5. Proof of vaccination required following redemption.
The Humane Department shall furnish each person redeeming
an animal, or purchasing an animal from the City, with a "Certificate
of Vaccination" form to be completed by a duly licensed veterinarian,
certifying that such animal was previously vaccinated within
the past twelve (12) months, or has been currently vaccinated.
Such form shall be returned, by mail or in person, to the address
shown on such form not later than the third (3rd) business day
following the date of purchase or redemption. It shall be unlawful
to fail to return a properly completed certification within such time,
and such violation shall be subject to a fine of $25.00.
Section 5-6. Sale or destruction of impounded animals.
Any animal impounded under the provisions of this chapter
not redeemed by the owner thereof within the time required by
this chapter, shall be and is hereby declared to be a public
nuisance. After such period of redemption, the City reserves
the right to sell or destroy all such animals. The sale of
such animals shall be upon such provisions as may be approved
from time to time by the City Council. The destruction
of such animals shall be carried out in a humane manner,
according to procedures approved from time to time by the
City Council.
Section 5-7. Public records.
Immediately after impounding any animal hereunder, it
shall be the duty of the Humane Officer to enter upon the re-
cords of his office in a book to be kept by him for such pur-
poses, the date of impounding, a description of the animal im-
pounded, and a record of vaccination tags and/or other means
of identification. Such records shall also reflect whether
each impounded animal is thereafter redeemed, sold or des-
troyed.
Section 5-8. Rabies protection - Vaccination of household pets.
All household pets above the age of two (2) months shall
be immunized annually by means of an antirabies vaccine ad-
ministered by a duly licensed veterinarian. Every veterinarian
who vaccinates any such household pet within the City shall
issue a certificate of vaccination to such owner, stating the
name of the owner, the address of the owner, description of
the household pet, the date of vaccination, and the number of
the rabies vaccination tag. Upon vaccinating such animals,
verterinarians shall furnish the owner of such animal a tag
on one side of which is stamped the words "rabies vaccine
administered", or a similar phrase, and the date of such vac-
cination.
Section 5-9. Rabies protection - Procedure when animal bites
or scratches person.
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It shall be the duty of any person owning or having charge
of any warm blooded animal which may have bitten, clawed or
scratched any person, to make a report of such incident to the
City Humane Department. All incidents so reported, or other-
wise coming to the attention of the Humane Department, shall
cause the following confinement procedure to be instituted:
a. Such animal shall be kept in a veterinary hospital
for observation for a period of twelve (12) days; or
b. Such animal shall be kept in the City Pound for observation
for a period of twelve (12) days, isolated from other animals.
If, at the expiration of the twelve (12) days, the health
of the animal is satisfactory, and the animal is found to be
free from rabies, the animal shall be released from quarrantine.
The owner of such animal shall be responsible for all expense
incurred by such confinement, whether at the City Pound or at
a veterinary hospital.
Section 5-10. Noise prohibited.
It shall be unlawful for any person to wilfully or
knowingly keep or harbor on his premises any animal that
makes or creates loud and obnoxious noises so as to disturbe
the peace and quite of the surrounding neighborhood.
A person shall be deemed to have wilfully and knowingly
violated the terms of this section if such person shall have
been notified by any police officer of such disturbance and
shall have refused for a period of twenty-four (24) hours to
correct such disturbance and prevent its recurrence.
Section 5-11. Maintenance of premises where animals are kept.
It shall be unalwful for any person raising, owing or
keeping animals to keep such creatures in their abodes in an
unsanitary condition so that such animals, or the place where
such animals are kept, emit foul and offensive odors so as to
be detected upon any adjoining property. All buildings, and
the vicinity around such buildings, and all lots, stockyards
or open areas where any of the above animals are kept, shall
be maintained in such manner so as to be free from the ac-
cumulation of rubbish, garbage, manure, and other putrifying,
decomposing, and/or infectious substances.
Section 5-12. Storage of feed for animals.
It shall be the duty of every person raising or keeping
animals to cause all food provided therefor to be stored and
kept in a secure container with a tight fitting cover that will
prevent the entry of rodents and insects.
Section 5-13. Swine prohibited.
It shall be unlawful to keep swine in the City.
Such prohibition shall not apply to persons bringing swine
into the City for the purpose of selling such animals within
twenty-four (24) hours.
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Section 5-14. Livestock and chickens.
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a. It shall be unlawful for any person to keep, possess
or maintain any livestock or chickens within 100 feet of
an actual residential structure or other building used for
human habitation, other than the residence of the person so
keeping or having such livestock or chickens.
b. It shall be unlawful for any person to keep, possess
or maintain any livestock or fowl within 300 feet from any public
eating place, food handling establishment, church, school or
hospital.
Section 5-15. Inspection of premises where livestock or fowl
are kept.
The premises and storage facilities of every owner keeping
livestock or fowl shall be subject to inspection at any reasonable hour
of the day by the City Sanitarian or any of his subordinates.
Section 5-16. Cruelty to animals.
It shall be unlawful for any person to cruelly maltreat any
dumb animal in the City; or to wilfully and wantonly kill, maim, wound,
poison or disfigure any horse, ass, mule, cattle, sheep, goat, swine,
dog or other domesticated animal, bird, or beast of any kind; or to
mutilate, cruelly kill, over -drive, over -ride or over -load, or
unnecessarily confine, or in any manner oppress the same; or to
unnecessarily fail to provide the same with proper food, drink
or shelter; or to drive, work or use the same when such animal is maimed,
wounded, sick, lame or otherwise unfit for labor; or to wilfully
abandon the same to die; or to carry or to cause the same to be
carried, hauled or forced along in a cruel or inhuman manner; or to leave
any animal tied up or confined anywhere, day or night, for an unreasonable
time without properly feeding, watering and caring for the same.
This section shall not be construed to prevent the Humane Department
from destroying dogs or other animals when lawfully entitled to do so.
Section 3: Repealing Clause: All ordinances or parts of or-
dinances inconsistent with the terms of this ordinance are hereby re-
pealed; provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 4: Savings Clause: If any provision, section, excep-
tion, subsection, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordinance
or their application to other persons or sets of circumstances and to this
end all provisions of this ordinance are declared to be severable-.
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Section 5: Penalty Clause: Any person who violates any pro-
vision or provisions of this ordinance shall be punished by a fine of not
more than TWO HUNDRED ($200.00) DOLLARS, and each violation shall constitute
a separate offense.
Section 6: Effective Date: This ordinance shall take effect
from and after ten (10,) days after its passage by the City Council,
The City Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official newspaper of
the City of Baytown at least twice within ten (10) days after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council of the City of Baytown, on
this the 25th day of
June,
1970.
C. GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED: 0
WILLIAM R. LAUGHLIN, City Attorney