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HomeMy WebLinkAbout1987-0511698L NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES RELATING TO ANIMALS, AMENDING PROVISIONS RELATING TO THE IMPOUNDMENT OF ANIMALS AND THE PAYMENT OF FEES, PROVIDING FOR PROCEDURES FOR THE FILING AND INVESTIGATION OF COMPLAINTS OF ANIMALS ATTACKING OR BITING PERSONS OR ANIMALS, PROVIDING FOR IMPOUNDMENT AND DESTRUCTION OF ANIMALS DETERMINED TO BE DANGbROUS AFTER NOTICE AND HEARING, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS ($200 00) FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That section 4-2 (8), of chapter 4, defining "vicious animal", is amended to read as follows (8) Running at Large Not restrained by leash, fenced yar3 or enclosed structure, in violation of section 4-7 of this chapter SECTION II That section 4-7 1 of chapter 4 is amended to read as follows Sec 4 7-1 Same --Duty of officers to impound The animal control officer is authorized to impound any animal which is running at large within the City, any animal which has been confined under section 4-6, or, for which impoundment is otherwise authorized by this chapter or state law Where an animal is running at large in a public place, the impounding officer may enter upon the public place for the purpose of impoundment or issuance of a citation, or both, unless the officer has notice that entry is forbidden In no case, however, shall an animal control officer enter a building on private property for the purpose of impoundment or the issuance of a citation without the effective consent of the owner, the order of a magistrate, or as otherwise allowed by state law SECTION III That Article II of Chapter 4 of the Code of Ordinances is amended to read as follows ARTICLE II DANGEROUS ANIMALS Sec 4-41 Purpose and Scope The purpose of this article is to protect the health, safety, and general welfare of the City by providing for the destruction of animals determined to be dangerous The administrative procedures of this article shall apply to any animal which, while running at large or while restrained in a public place, has bitten or attacked a person or another animal, and for which a complaint has been filed in accordance with this article Sec 4-42 Definitions "Animal" shall mean any animal required to be restrained in accordance with section 4-7 of this chapter "Restrained in a public place" shall mean physically held or tethered by leash, rope or similar device in any place to which the public or a substantial group of the public has access, or any place to which a child may freely wander, and includes, but is not limited to, streets, highways, and the common areas and unfenced yards or grounds of schools, churches, hospitals, apartment houses, office buildings, residential dwellings and businesses Sec 4-43 Filing of Complaint To invoke the provisions of this article, a written complaint must be filed as follows (a) The complaint shall be filed with the Animal Control Center within two (2) business days of the date the person or animal was attacked or bitten, on a form provided by the City, which shall give notice of the penalty for the filing or signing of a false complaint, as provided for in this article (b) The complaint shall be signed by the person, or owner of the animal, attacked or bitten, as the case may be If the person PAGE 2 required to sign the complaint is a minor or is incapacitated, the complaint shall be signed by the person's parent, guardian or legal representative (c) The complaint shall contain the following information 1 The name, address, and telephone number of the per- son attacked or bitten, or the owner of the animal attacked or bitten, as the case may be 2 The facts and circumstances of the incident, in- cluding the date, time, and location, a description of the animal complained of, and, if known, the name, address, and telephone number of the owner of the animal complained of, and of any witness 3 A statement that the animal complained of, while running at large or while restrained in a public place, attacked or bit a person or another animal (d) The complaint shall be accompanied by a written statement from a physician or veterinarian, as the case may be, showing that the person or animal attacked or bitten was examined or treated within forty-eight (48) hours of the incident, and stating the nature and extent of any injuries suffered Sec 4-44 Making False Complaint It shall be unlawful for any person to file or sign the written complaint required by this article when the person knows that the complaint contains false information Sec 4-45 Investigation, Probable Cause Hearing, Impoundment Order (a) If a complaint is properly filed in accordance with sec- tion 4-43, the Animal Control Center shall promptly investigate the complaint, prepare a written report of the result of the investigation, and deliver a copy of the complaint and report to the City Manager (b) Upon receiving the complaint and investigative report, the City Manager shall, if the owner of the animal complained of is known, immediately schedule a hearing to be held before the City Manager to determine whether there is probable cause to believe that the animal complained of is a dangerous animal and should be impounded pending a determination hearing The owner of the animal complained of shall be given written notice of the PAGE 3 hearing at least twenty-four (24) hours prior to the time of the hearing by personal service or by delivering a copy of the notice to the last known address of the owner (c) At the time of the scheduled hearing, which shall be con- ducted informally, the City Manager may consider the complaint filed, the investigative report, medical statements, the testimony of the owner of the animal complained of, the testimony of the complainant, witnesses, or other interested parties, and any other information relevant to the incident (d) If the City Manager determines that the evidence received shows there 1s probable cause to believe that a hearing panel could, in accordance with section 4-47 (b) (1), find that the animal complained of would be a danger to the community if not destroyed, then the City Manager shall promptly schedule a determination hearing as provided for in section 4-46 and issue a written order that the animal be impounded pending the outcome of the hearing (e) If the City Manager determines that there is no probable cause to believe that the hearing panel could, in accordance with section 4-47 (b) (1), find that the animal would be a danger to the community if not destroyed, no further action shall be taken on the complaint Sec 4-46 Determination Hearing (a) If a determination hearing is scheduled by the City Manager in accordance with section 4-45, it shall be held not later than the fifteenth day after the impoundment of the animal, At any time prior to the hearing date, the City Manager may continue the hearing to a later date upon the written request of the owner of the animal complained of, if good cause is shown, upon the written statement of the physician of a person injured by the animal stating that the person is not medically able to attend the hearing, or, in the event it is necessary to give notice of the hearing by newspaper publication (b) The owner of the animal complained of, if known, shall be given written notice of the hearing by personal service or certified mail, return receipt requested, at least five (5) days prior to the hearing date If the written notice cannot be given by personal delivery or mail, then the notice shall be published one (1) time in a newspaper of general circulation at least seven (7) days prior to the date of the hearing The notice shall include the following 1 A general description of the animal PAGE 4 2 The place, date, and time of the hearing 3 That the owner of the animal complained of may appear at the hearing and present evidence, cross-examine witnesses, and be represented by legal counsel 4 That the animal shall be ordered destroyed if found to be a danger to the community (c) The hearing shall be held before a hearing panel of three members as appointed by the City Manager The members shall con- sist of a veterinarian, a physician, and a member of the City's staff The hearing panel shall not be bound by technical rules of evidence, but shall conduct the hearing informally in accordance with procedures to insure an orderly hearing All persons wishing or e sworn and by the panel,g the complalnashall nt,and b the owner of may the eanquestioned animal com- plained of The hearing panel may receive, elicit, and consider all evidence it considers relevant on the issue of whether the animal complained of would be a danger to the community if not destroyed, including, but not limited to, the following 1 The seriousness of the attack or biting and the attendant medical treatment, if any 2 Any prior incidents of attack r biting animal the was animal complained of, while running at large or restrained in a public place, so as to indicate the potential danger the animal may pose to the community if not destroyed r biting 3 Whether provocationorocircumstas circumstance that IS, or i the result of somes not, likely to reoccur in the future Sec 4-47 Determination and Order (a) The hearing panel shall, withinthree hre written)business days of the conclusion of the hearing, of fact and an order (b) If the panel finds that the animal complained of attacked or bit a person or another animal while running at large, or fwhile urtherefindingdin a and issueblic its order,then the panel shall make a as follows 1 ifanot hdestroyed,�oand therefore shall beuld be a danger to ecommunity Tht destroyed PAGE S 2 That the animal would not, under specified condi- tions imposed for the safekeeping of the animal, clearly constitute such a continuing danger to the community as to warrant its destruction In that case, the panel shall order the animal re- turned to the owner if the owner agrees, in writing within two business days of the issuance of the decision, to abide by the written condi- tions imposed by the panel for the safekeeping of the animal Should the owner fail to agree to the conditions imposed, then the animal shall be destroyed 3 That the animal would not, because of the circum- stances of the biting or attack, constitute a continuing danger to the community, and therefore shall be returned to the owner (c) If the panel finds that the animal complained of did not attack or bite a person or another animal, or that the biting or attack, if any, did not occur while the animal was running at large, or while restrained in a public place, then the panel shall order the animal returned to the owner (d) In any case where the panel orders the animal returned to the owner, the animal shall not be released, if impounded at the City's Animal Control Center, except upon the payment of all impoundment fees as provided for in Article III of this chapter If the animal is impounded pursuant to a quarantine for rabies, as provided by this chapter or state law, it may continue to be held for the duration of the required time Sec 4-48 Notice of order of Destruction (a) If an animal is ordered destroyed in accordance with section 4-47, a copy of the panel's findings and order shall be given to the owner of the animal, if known, by personal service, or by leaving a copy at the last known address of the owner, within two (2) business days of the issuance of the findings and order The order shall state that the animal will be destroyed no sooner than forty-eight (48) hours from the time and date the order is served or delivered, unless such destruction is enjoined by order of a court of competent jurisdiction The officer or employee shall note upon the copy of the order served or delivered the time and date of service or delivery A copy of the order, showing the date and time of service or delivery, shall be retained by the officer or employee PAGE 6 Sec 4-49 Hearing on Breach of Conditions If, after the hearing panel orders the release of an animal upon specified conditions for the safekeeping of the animal, as provided for in section 4-47, the Animal Control Center has reason to belive one imposed ehas toccurred, loit violationof (report ormore oviolation theconditions ot the City Manager, who shall schedule a hearing before the hearing panel The hearing shall be held and notice given, as appropriate to the purpose of this section, in substantial compliance with the provisions of Section 4-46 If the panel finds that,a violation of one or more of the conditions imposed has occurred, it shall orderissue its that the panel's order shall be given ain accordance twith dsect on 4e48f the Sec 4-50 Impoundment, Surrender for Destruction (a) If the City Manager issues an order of impoundment in accordance with section 4-45, the owner or person having control of he of tt e corder shall, an upon officerpresentation employee oftrue theand correct nimal City, surrender the animal to the officer or employee for impoundment at the City's Animal Control Center, or, have the animal impounded with a kennel, veterinarian, or other business that provides for the keeping of animals, within twenty-four (24) hours of the time notis given If the animal s not limp impoundment the City's Animal 1 Control Center, s the surrendered for shall, within twenty-four (24) hours of service of the impound- ofnttherdname deliver address written of notice busi business where theControl animal Center is impounded The owner shall not remove or cause the removal of the animal from the place impounded until and unless an order is entered providing for the release of the animal to the owner in accordance with section 4-47 (b) If the animal is not impounded at the City's Animal Control Center, and the animal is ordered destroyed in accordance with cer eCltrue copy of thelorderra tomnyyee of pers n in authority o a thritya ll presentaat the business where the animal is impounded, who shall immediately surrendr or he paymente of zany fees for ocharges the (owed rfor the p care e�orw ithout t he keeping of the animal It shall be unlawful for any person to refuse to surrender to any officer or employee of the City any animal for which an impoundment order has been issued, upon presentation of a true copy of the impoundment order PAGE 7 SECTION IV That section 4-51 (e) of chapter 4 is amended to read as follows (e) No animal impounded at the City's Animal Control Center by virtue of this chapter shall be released to the owner, or the owner's authorized agent, until all such costs and fees have been paid and until the person applying for the release of such animal shall have signed an affidavit to the effect that the person is the owner of the animal, or the owner'authorized r any animal and entitled to possession thereof, provided, impounded at the City's Animal Control Center pursuant to an impoundment order issued under section 4-46 and subsequently ordered releasedrtouthe owner to hwithout the undere owner section 4 of any impoundment or handling fees SECTION V That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION VI That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200 00), and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PAGE 8 PASSED AND APPROVED this the /!r—t day of ��J + 1987 RAY Sj ENS, AYOR CITY DENTON, TEXAS ATTEST +IFPVALTER CI'Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 9