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HomeMy WebLinkAbout1976-036NO 'I 6 3 L AN ORDINANCE AMENDING CHAPTER 4 "ANIMALS AND FOWL", ARTICLE I, SECTIONS 4-5 AND 4-6, AND ARTICLE III, SECTIONS 4-40, 4-41, 4-43,4-44, 4-48 AND 4-49, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY, PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That Chapter 4 "Animals and Fowl', Article I, Sections 4-5 and 4-6 and Chapter 4, Article III, Sections 4-40, 4-41, 4-43, 4-44, 4-48 and 4-49 are hereby amended as follows ARTICLE I IN GENERAL SECTION 4-5 KEEPING OF CERTAIN STOCK IN THE CITY HOGS It shall be unlawful for any person to feed, breed or keep any hog or hogs, pig or pigs, in any lot, pen, building, stable or other enclosures in the city, any part of which lot, pen, building, stable or other enclosure is nearer than one thou- sand (1,000) feet to any occupied building OTHER ANIMAL It shall be unlawful for any person to feed, breed, stable, pasture or keep any cow(s), goat(s), horse(s), mule(s), donkey(s), or sheep in any lot, pen, building, stable or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is within two hundred (200) feet of any occupied building SECTION 4-6 ENCLOSURE REQUIRED IN KEEPING CERTAIN ANIMALS SIZE OF LOTS It shall hereafter be unlawful for any person to stable, pasture, feed, breed or keep any hog(s), pig(s), cow(s), goat(s), horse(s), mule(s), donkey(s), or sheep in any lot, pen, building, stable or other enclosure in the city, smaller in size, and dimensions than is required by the following specifications For one cow, sheep, goat, horse, mule, donkey, hog or pig, a lot, pen, building or other enclosure of not less than four hun- dred (400) square feet shall be required For each additional cow, sheep, goat, mule, donkey, hog, or pig in any such lot, pen, building or other enclosure, an additional four hundred (400) square feet shall be required MANURE BOXES Each and every lot, pen, building, stable, or other enclosure in the city in which any of the above named animals, or other species are kept, fed, bred, stabled, pastured or housed shall have a manure box not less than four (4) feet square and not less than three (3) feet deep in which all manure and droppings shall be placed each day Each such box shall be securely screened or otherwise protected from flies, vermin and rodents and shall be thoroughly cleaned out and disinfected at least once each week It shall hereafter be unlawful to pile or stack manure in open stacks in the city ARTICLE III DOGS AND CATS SECTION 4-40 VACCINATION REQUIRED It shall be the duty of the owner or keeper of each and every animal which is a member of the cat family or the canine family, herein referred to as dog, owned, kept, possessed, harbored or allowed upon the premises of any such person and under his control in the city, to have such dog or cat vaccinated against rabies by a legally licensed veterinarian at least once each year Vaccination is defined as a protective inoculation against rabies by inoculation with antirabic vaccine recognized and approved by the U S Depart- ment of Agriculture given in an amount sufficient to provide an immunity SECTION 4-41 DOGS NOT PERMITTED AT LARGE It shall be unlawful for any dog owned, possessed, kept, or harbored by any person to be at large on any street, sidewalk, alley or other public place or on private premises, including the pre- mises of the owner except when confined within a fenced area, within the limits of the City of Denton, Texas, except while such dog is under the immediate and physical control of the owner or custodian, such as by leash or chain adequate to control and hold it Dogs going at large are declared to be a nuisance and dangerous to the public health and safety -2- SECTION 4-43 - SUMMARY DESTRUCTION OF VICIOUS DOGS OR CATS If any dangerous, fierce, or vicious dog or cat is found at large and cannot be safely taken up and impounded, such dog or cat may be slain by any officer or agent of the city Proof of the fact that such dog or cat has attacked or bitten any person or animal at any place where such person or animal is legally en- titled to be shall be prima facie evidence that such dog or cat is vicious, fierce and dangerous within the meaning of this article SECTION 4-44 - DEFINITION OF "AT LARGE" "At large" shall mean not under the immediate physical con- trol of the owner or custodian by leash or chain adequate to con- trol and hold it or not confined within an area properly fenced in order to assure that such animal will remain in the fenced area SECTION 4-48 - DOGS OR CATS WHICH HAVE BITTEN PERSONS If any person shall make written complaint before the city manager, city attorney or judge of the municipal court that any dog or cat has bitten any person within the limits of the city, it shall be the duty of the chief of police to direct the owner or keeper of such dog or cat to keep such dog or cat securely confined so as to absolutely prevent such dog or cat from being in contact with person or animal for not less than ten (10) con- secutive days and to release such dog or cat only upon written permission of the city health officer, or to keep such dog or cat confined at a veterinary hospital for the same period of time at the expense of the owner or keeper SECTION 4-49 - DISPOSITION OF RABID DOGS OR CATS Any dog or cat suffering a bite from a rabid dog or cat or which displays symptoms of rabies shall be quarantined in a veterinary establishment at the owner's expense for a period of at least six (6) months thereafter or shall be confined for such period in such other place and manner as may be approved by the city health officer in writing, provided, that if the owner or -3- keeper of any such dog or cat cannot be readily identified or located after reasonable diligence, upon written direction of the city health officer, such dog or cat shall be destroyed humanely by or under the direction of the chief of police PART II Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by fine not to exceed Two Hundred Dollars ($200 00) Each day such a violation shall continue or be permitted, shall be treated as a separate offense PART III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent 3urisdiction, 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 PART IV 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 PASSED AND APPROVED This the 3 day of August, A D 1976 ATTEST B,XODKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS ELINOR HUGHES, MAKqR CITY OF DENTON, TEXAS -4-