Loading...
1976-036 ~0 i ~ ~--i ~ ~ i 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 Fow~ 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, bulld~ng, stable or other enclosures in the city, any part of which lot, pen, bulld~ng, stable or other enclosure ls nearer than one thou- sand (1,000) feet to any occupled 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, bu~ldlng, stable or other enclosure in the o~ty, 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 clty, smaller in s~ze, and d~menslons 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 requlred For each addlt~onal cow, sheep, goat, mule, donkey, hog, or pig in any such lot, pen, building or other enclosure, an addltaonal four hundred (400) square feet shall be requared MANURE BOXES Each and every lot, pen, bualdang, stable, or other enclosure an the caty an which any of the above named anzmals, or other specaes 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 an whach all manure and droppangs shall be placed each day Each such box shall be securely screened or otherwase protected from flaes, verman and rodents and shall be thoroughly cleaned out and das~nfected at least once each week It shall hereafter be unlawful to pale or stack manure an open stacks in the caty ARTICLE III DOGS AND CATS SECTION 4-40 VACCINATION REQUIRED It shall be the duty of the owner or keeper of each and every anlmal whach as a member of the cat famaly or the canane family, herean referred to as dog, owned, kept, possessed, harbored or allowed upon the premises of any such person and under has control an the caty, to have suoh dog or oat vaccanated agaanst rabaes by a legally lloensed veterlnarzan at least once each year Vaccanatzon as defaned as a protectave anoculataon agaznst rabies by anoculatlon wath antarablc vaccane recognized and approved by the U S Depart- ment of Agraoulture gaven in an amount sufflczent to provade an ~mmunaty 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, sadewalk, alley or other publac place or on pravate premises, lncludzng the pre- m~ses of the owner except when confzned wzthln a fenced area, w~thzn the lamats of the Caty of Denton, Texas, except whale such dog ~s under the lmmedaate and physacal control of the owner or custodzan, such as by leash or chaan adequate to control and hold at Dogs goang at large are declared to be a nuasance and dangerous to the publac 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 anlma~ at any place where such person or animal is legally en- titled to be shall be prima facle 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 w~thln 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 w~thln the llmlts 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- secutlve 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 b~te from a rabid dog or cat or which dlsplays symptoms of rabies shall be quarantined ~n a veterinary establishment at the owner's expense for a period of at least slx (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 dll~gence, upon wrltten direction of the city health offlcer, such dog or cat shall be destroyed humanely by or under the d~rectlon of the chief of police PART II Any person who v~olates any provision of th~s ordinance shall be deemed guilty of a m~sdemeanor, and, upon conviction, shall be punished by f~ne not to exceed Two Hundred Dollars ($200 00) Each day such a v~olatlon shall continue or be permitted, shall be treated as a separate offense PART III That ~f any section, subsection, paragraph, sentence, clause, phrase or word ~n th~s ordlnance, or application thereof to any person or c~rcumstances is held lnvalld by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of thls ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions desplte any such lnvalldlty PART IV That th~s ordinance shall become effective fourteen (14) days from the date of lts passage, and the City Secretary is hereby d~rected to cause the caption of th~s ordinance to be published twice ~n the Denton Record-Chronlcle, the official newspaper of the City of Denton, Texas, wlth~n ten (10) days of the date of its pas s age PASSED AND APPROVED Thls the ~ day of August, A D 1976 ELINOR HUGHES , MAWR CITY OF DENTONv TEXAS ATTEST ~ ~ O~/KS~ SE CRETAR~ CITY OF DENTON, TEXAS VE~AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -4-