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1970-014AN ORDZN&NCE AMENDING THE CODE OF ORDZN,/~qCES OF THE CITY OF DENTON, ~EXAS, PROVIDING FOR THE CONTROL OP DOGS AND PROVIDING FOR THE LEASHING OF SAME, PROVIDING FOR CONFINEMENT AND QUAR- ANTINE OF DOGS, MAKING IT UNLAWFUL TO PERMIT OR ALLOW ANY DOG TO BE AT LARGE, SPECIFICALLY REPEALING CERTAIN ORDINANCES, PRO- VIDING A SAVINGS CLAUSE, PRESCRIBING A PENALTY FOR VIOLATION THEREOF, AND DECLARING ITS EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Code of Ordinances of the City of Denton, Texas, as hereby amended by repealang Sectaons 4-41 through 4-45 and 4-50 through 4-52 an Chapter Four of sa2d Code and subst~tut2ng therefore new Sections 4-41 through 4-45 which shall hereafter read as follows SECTION 4-41 DOGS NOT PERMITTED AT LARGE It shall be unlawful for any person to permit or allow any dog owned, possessed, kept or harbored by hlm to be at large on any street, s~dewalk, alley or other public place or on pravate premises not under the control of such person, w~than the l~m~ts of the City of Denton, Texas, except whale such dog ~s under the ammed~ate and physical control of the owner or custodian, such as by leash or chain adequate to control and hold ~t Dogs go- 2ng at large as declared to be a nuisance and dangerous to the publlc health and safety SECTION 4-42 VICIOUS DOGS TO BE MUZZLED NO v~clous dog shall be permatted on any street, s~dewalk, alley or other public place or on private premises not under the control of ~ts owner or custodlan unless such dog shall have a muzzle o~ sufficaent strength to prevent ~ts b2t~ng any person, even thoBgh such dog may be ~nder the ~mmed~ate and physical con- trol of the owner or custodian, unless such dog ~s confined safely in a proper conta2ner or cage to prevent its b~tlng any person SECTION 4-43 SUMMARY DESTRUCTION OF VICIOUS DOGS If any dangerous, fierce, or v~caous dog ~s found at large and cannot be safely taken up and ~mpounded, such dog may be slain by any officer or agent of the C~ty Proof of the fact that such dog has attacked or b~tten any person or anamal at any place where such person or anamal ~s legally entitled to be shall be pr2ma fac~e evidence that such dog is vicious, f~erce and dangerous w~th- · n the meaning of th~s article SECTION 4-44 DEFINITION OF "AT LARGE" At ~ar~e shall mean not under the ~mmed~ate physical control of the owner or custodian S~C*~ION 4-45 PROPERTY OWNER MAY IMPOUND Any person f~nd~ng any animal upon h2s property to hls ln- 3ury or annoyance may take up same and remove ~t to any private or publlc animal shelter or pound that w~ll take possessaon of ~t Provided, however, that ~f the name and address of the owner or custodian of such animal Ks known to, or can be conveniently ascertained by, the f~nd~ng person, he shall notafy, by ma~l or otherwise, such owner or custodaan of the action taken 2f the action as other than delivery to the C~ty Pound SECTION II This ordinance shall be and ~t ~s hereby declared to be cumulative of all other ordinances of the City of Denton, Texas, and shall not operate to repeal any such ordinance or ordinances except Sections 4-41 through 4-45 and Sections 4-50 through 4-52 of the Code of Ordinances, and except ~nsofar as the provisions of such other ordinance or ordinances are ~nconslstent or ~n con- fl~ct w~th the provisions of th~s ordinance, in which ~nstance or instances those provisions shall be hereby repealed SECTION III If any sectlon, word, clause, phrase or provision of th~s ordinance ~s declared unconstitutional or ~nval~d, then, in that event, it ~s expressly provided, and ~t ~s the ~ntentlon of the City Council ~n passing thls ordinance, that all other parts of th~s ordinance shall not be affected thereby and shall remain in full force and effect SECTION IV That any v~olat~on of the provisions hereof shall be pun~sh- ed by a fine of not exceeding Two Hundred ($200 00) Dollars, and each day any v~olat~on shall continue shall constitute a separate v~olatlon This Incorporates the provisions of Section 1-5oTthe Code of Ordinances, and shall not conflict therewith, nor alter same SECTION V That this ordinance ~hall become effective on and after the 15~ day of A~u~t, ~ 1970, and the City Secretary is hereby directed to cause the caption of th~s ordinance to be published twice 1~ the Denton RecordChronlcle within ten (10) davs of the date of ~ts passage PASSED AND APPROVED this the ~'~ · day of May, A D 1970 ATTEST BROOKs HOLT, CITY SECRETARY CITY OF DENTON, TEXAS ~BED AS TO LEGAL FORM ARTON, C~TY ATTORNEY F DENTON, TEXAS