74-H-7
..:
--,
, ....
. ...'~ .. . < ~
,'-.
".. '.
~.' :.
ORDINANCE NO. 74-H-7
AN ORDINANCE REGULATING THE KEEPING OF LIVE STOCK,
FOWL, CATS, AND DOGS WITHIN THE LIMITS OF THE CITY
OF SCHERTZ; PRESCRIBING SANITARY CONDITIONS FOR PENS
AND ENCLOSURES; PROVIDING FOR AN ANIMAL CONTROL OFFICER;
AND PROVIDING FOR LICENSING, VACCINATING AN~ IMPOUNDING
OF DOGS AND CATS; PROVIDING FOR THE IMPOUNDING AND SELL-
ING OF LIVESTOCK RUNNING AT LARGE; PROVIDING A SAVING
CLAUSE; PROVIDING A PENALTY; AND SPECIFICALLY REPEALING
CERTAIN ORDINANCES AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH EXCEPT THOSE PROVISIONS
IN THE ZONING ORDINANCE WHICH REGULATE THE KEEPING OF
LIVESTOCK, FOWL, DOGS AND CATS;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
ARTICLE I - GENERAL PROVISIONS
SECTION 1 ANIMAL CONTROL OFFICER. That there shall be appointed
an Animal Control Officer whose duty it will be to gather up
and impound any livestock, fowl, cats, dogs or other domestic
animals found running at large within the City limits.
SECTION 2 REPORTS. It shall be the duty of the Animal Control
Officer to report in writing to the City Manager once each month
the total number of animals impounded, the total number of animals
redeemed or sold to private parties, and the total number of ani-
mals humanely disposed of under the provisions of this ordinance,
which report shall be approved and filed with the City Manager as
a monthly report.
SECTION 3 - FEE DEPOSITS. It shall be the duty of the Animal Con-
trol Officer to pay all monies collected by him under the terms
of this ordinance to the City Tax Assessor-Collector.
SECTION 4 LIMITING THE NUMBER OF DOMESTIC ANIMALS.
(a) It shall be a violation of this ordinance for any person
to possess, own or otherwise keep more than three(3) animals of
the same species in any residential~y zoned section or area of
the City of Schertz, except in cases of newly-born litters under
the age of three {3) months old.
(b) This section shall not apply to any person keeping or
harboring animals in a cage, yard, lot or other fenced or en-
closed boundary the extreme perimeter of which will not be closer
than five hundred (500) feet from any house, home, apartment or
domicile of any person(s) other than that of the owner or keeper
of said animals.
(c) This section shall not apply to commercial kennels, ve-
terinary establishments or animal hospitals operated by veterina-
rians, located on property zoned for such purposes. Such estab-
lishments, however, must meet sanitation requirements and keep
animals securely penned.
SECT~ON 5 - ABATTOIRS AND PACKING HOUSES AND STOCK YARDS.
That the provisions of this ordinance shall not be ?onstrue~ to
prohibit any person engaged in operating any abattolr, packlng
house or stock yard from keeping livestock for a reasonable
length of time, awaiting their use in connection with the opera-
tion of such abattoir, packing house or stock yard.
" ,
"
'. .\.
'. "'-t
"
"
.....
SECTION 6 UNNECESSARY NOISE. That it shall be unlawful for any
person to attach or permit to be attached to any animal belong-
ing to him, or in his possession, any cow bell or loud sounding,
noisy, or disturbing implement or instrument within the limits
of the City of Schertz.
SECTION 7 HEALTH OFFICER. It shall be the duty of the Health
Officer to enforce all health and sanitary measures contained
in this ordinance.
SECTION 8 DEFINITION OF TERMS.
(a) "Person" - the term "person" as used herein shall be
construed to include both singular and plural and shall mean
and embrace any individual, corporation, association, partner-
ship, or society and their agents, servants, and employees.
(b) "Kennel" - the term "kennel" as used herein shall be
construed to mean the keeping of more than three(3) animals
of the same species.
(c) "Running at Large" - the term "running at large" as
used herein shall be construed to mean off of the premises of
the owner or keeper, and not under the complete controlof the
owner or keeper, either by leash, cord, chain or otherwise.
ARTICLE II - DOGS AND CATS
SECTION 1 LICENSE FEE. There is hereby fixed and assessed as
a police regulation for the protection of the public health a
license fee of $2.00 per annum against the owner or keeper of
each and every dog or cat kept in the City of Schertz. The
license shall run from January 1 of each year to December 31 of
the same year, and any license purchased after September 30 of
said license year shall have a license fee of $1.00 for each
license issued, said pro-rata license to expire at the end of
the current license year.
SECTION 2 VACCINATION AND RABIES. That it shall be the duty of
the owner or keeper of each and every dog or cat kept in the
City of Schertz to have such dog or cat vaccinated against rabies
by a practicing veterinarian at least once each year, provided,
however, that such dog or cat must have been so vaccinated with-
in six (6) months of the date of the owner or keeper's applica-
tion for the license as herein required. It shall further be the
duty of such owner or keeper to obtain a certificate from such
veterinarian certifying that such animal has been vaccinated.
SECTION 3 LICENSE TAG. It shall be the responsibility of each
person owning or keeping a dog or cat within the limits of the
City of Schertz to apply to the City Tax Assessor-Collector for
a tag for said animal. It should be the duty of the City Tax
Assessor-Collector to provide suitable numbered metal tags for
said animal, which tags shall evidence the payment of the license
fees and the registration of said animal.
Upon payment of said license fee and presentation of vaccination
certificate as required in Sections 1 and 2 above, the Tax Assess-
or-Collector shall supply to each applicant a tag which shall be
affixed to a collar around the animal's neck and worn at all times
during the currency of such license. A register shall be kept by
the Tax Assessor-Collector for the purpose of registering the num-
ber of said tag, naming the owner, his address and a description
of said dog or cat. No license shall be issued without compliance
with Section 2 of this article. Failure of the owner or keeper
in this respect shall have the same effect as if no license had
been paid upon said animal. It shall be unlawful for any person
to use any license tag upon said animal except the tag adopted
and issued by the City of Schertz.
- 2 -
~
~ .
.
. ,
:~
. ~':
.; "
.."
. '
SECTION 4 LOST TAGS. It shall be the duty of the owner or
keeper of any animal to procure a duplicate tag from the City
Tax Assessor-Collector in the event that the original tag is
lost or destroyed, and the Tax Assessor-Collector shall issue a
duplicate tag upon application of any person who has complied
with the provisions of this ordinance and upon the payment of
$.50 for the cost of issuing the duplicate tag.
SECTION 5 UNLAWFUL TO KEEP. It shall be unlawful for any per-
son to keep any dog or cat in the limits of the City of Schertz
for which the license herein provided has not been procured from
the City Tax Assessor-Collector, and which has not been vaccinated
for rabies and upon which the tag herein above provided for is
not at all times fastened about the neck of such dog or cat.
SECTION 6 RUNNING AT LARGE. It shall be the duty of the Animal
Control Officer to cause all dogs or cats running at large with-
in the City limits of Schertz to be picked up and impounded. The
Animal Control Officer shall provide a suitable place for the im-
pounding of all dogs or cats picked up under the provisions of
this ordinance and such pound shall be under his control, except
in the case that pound service is contracted out to another govern-
mental entity.
SECTION 7 POUND FEES. The Animal Control Officer shall charge a
fee of $5.00 for each and every dog or cat impounded and shall
charge ~1.00 for each day such dog or cat shall remain in said
pound, such figures to be reset by council annually at beginning
of new fiscal year as costs dictate. He shall cause all dogs and
cats so impounded to be properly fed and cared for while in said
pound and shall monthly render a bill for the expense of feeding
said dogs and cats to the City Manager for approval and payment.
SECTION 8 VICIOUS DOGS OR CATS. That it shall be unlawful for
any owner or person in control of any vicious or dangerous dog
or cat to keep or permit the same to run at large or about any
public house, public place, street, or alley in the City of
Schertz,
SECTION 9 CONTROLLING DOGS AND CATS WHICH HAVE BITTEN PERSONS.
(a) When and if any person shall make an affidavit before
the clerk of the Municipal Court that any animal has bitten any
person within the limits of the City of Schertz, it shall be
the duty of the Animal Control Officer to direct the owner or
keeper of said animal to keep him securely confined for not
less than ten(10) days and to release said animal only upon
written permission of the Clerk of the Municipal Court or by
a duly licensed veterinarian, and the failure of such owner or
keeper to comply with such directions shall be deemed a misde-
meanor and punishable by the penalty provided in this ordinance.
(b) Immediately after acquiring knowledge that his animal
has been bitten by a rabid animal, it shall be the duty of the
owner or keeper to cause such animal to be given anti-rabies
treatment, or to impound such animal for a period of six (6)
months in a place approved by the Animal Control Officer or to
destroy such dog or cat.
ARTICLE III - FOWL AND OTHER SMALL ANIMALS
SECTION 1 - RUNNING AT LARGE. That it shall be unlawful fo~
any person raising or keeping chickens, turkeys, geese, gUlneas,
ducks pigeons or other fowl to permit or allow the same to
run at large o~ be at large within the limits of the City of
Schertz. Running at large shall be intended to mean the same
as in Article I, Section 8 (c) of this ordinance.
- 3 -
,
','
I........ ,
"
"
\.
l. .
.'
~ ~ ,";,
SECTION 2. It shall be the duty of every person ralslng or keep-
ing chickens, turkeys, ducks, geese, guineas, pigeons, or other
fowl, to keep them in a pen, coop or enclosure, which shall be
a distance of at least twenty-five (25) feet from every building
or structure used for sleeping, dining, or living, and shall be
kept in a sanitary condition, and shall also be kept in such a
manner as will be reasonable calculated not to become offensive
to neighbors or to the public.
SECTION 3. It shall be the duty of every person ralslng or keep-
ing rabbits, guinea pigs, ducks, white rats, white mice, hamsters,
and other small animals, to keep such animals in a pen, coop, or
enclosure, and such pen, coop or enclosure shall be a distance
of at least twenty-five (25) feet from every building or struc-
ture used for sleeping, dining, or living, and shall be kept in
a sanitary condition, and shall also be kept in such a manner
as will be reasonably calculated not to become offensive to
neighbors or to the public. Provided, that this section shall
not apply to authorized veterinary hospitals for the treatment
of domestic animals. Provided further, that this section shall
not apply to the keeping of dogs or cats as domestic pets only
and not for breeding or for gain.
ARTICLE IV - LIVESTOCK
SECTION 1 - RUNNING AT LARGE. That it shall be unlawful for
the owner, keeper, or person in charge of any horse, mule, jack,
jenney, cow, cattle, hog, sheep or goat, or similar animal to
allow or permit the same to run at large within the limits of
the City of Schertz, Every such animal shall be kept in a sta-
ble, shed, pen or other enclosure for such animals that shall be
distant enough so as not to be offensive to residents on adjoin-
ing lots; and every such stable, shed, pen or other enclosure,
wherever located within the City of Schertz, for the keeping of
such animals shall be a distance of at least five hundred (500)
feet from every building or structure used for sleeping, dining,
and living, and shall be kept in a sanitary condition and shall
also be kept in such a manner as will be reasonably calculated
not to become offensive to neighbors or to the public.
SECTION 2 - IMPOUNDING. That the Animal Control Officer shall
take up or cause to be taken up any such animals found running
at large within the limits of the City of Schertz, and shall im-
pound any such animals in a suitable place provided for that pur-
pose.
SECTION 3 - NOTICE OF SALE. That the Animal Control Officer shall
within three (3) days after such animal has been impounded post
two notices, one at City Hall, and one in some other place, giving
therein a full description of such animal so taken up and impounded
and stating a day and place of sale of such animal which date of
sale shall not be less than five (5) days from date of posting no-
tice, and said animals shall be sold at public auction to the high-
est bidder for cash.
SECTION 4 - FEES. That the Animal Control Officer shall collect
a fee commensurate with the total cost of taking up and impounding
daily feeding and taking care of and selling each animal, which
fee so collected shall be paid over to the Tax Assessor-Collector.
After deducting the fees for impounding, keeping, and selling
each animal, the Animal Control Officer shall return the balance
of such sale, if any, to the owner. If the owner fails to call
for the said balance within fifteen (15) days from the date of
sale, the Animal Control Officer shall pay the same over to the
Tax Assessor-Collector. At any time within six (6) months after
any sale, the owner may apply to the Animal Control Officer and
upon satisfactory proof of ownership, he shall be entitled to
- 4 -
.
I. "'.'
';,. .
, "
,'" .
, .
. .
. ~..' .
./'
'. ,".'.,
-",<.,
L'_ ,
,.'
',".
receive the amount deposited on account of such sale, after
paying costs as may be necessarily incurred to establish his
rights thereto.
SECTION 5 - RECLAIMING BEFORE SALE. That the owner of any
animal impounded may reclaim the same from the City Pound at
any time before sale by paying all fees, fines and expenses
of taking up and keeping such animal.
SECTION 6 - RECORDS. That the Animal Control Officer shall
keep a well-bound book in which he shall record a description
of all animals impounded, the date of impoundment, the date of
sClle, the amount realized from the sale, the fees and expenses
due for impounding and keeping same, the name of the owner, if
known, and the name of the purchaser.
SECTION 7 - REDEMPTION. That at any time within six (6) days
from the date of sale, the owner of any animal impounded and
sold under the provisions of this ordinance shall have the right
to redeem the same by paying to the purchaser thereof double
the amount paid by said purchaser for such animal and his rea-
sonable expenses incurred in keeping the same.
SECTION 8 STAKING AND GRAZING. That it shall be unlawful for
any person to stake any livestock for the purpose of grazing
upon or within reach of any public street, alley, sidewalk, or
park within the limits of the City of Schertz.
ARTICLE V - SPECIAL PROVISIONS
SECTION 1 - SAVINGS CLAUSE. That if any section, part, or pro-
vision of this ordinance is declared unconstitutional or inva-
lid, then, in that event, it is expressly provided, and it is
the intention of the City Council in passing this ordinance,
that all other parts of this ordinance shall not be affected
thereby and shall remain in full force and effect.
SECTION 2 - PENALTY. That any person who shall violate any of
the provisions of this ordinance shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be fined not exceeding
$200.00, and each and every day of such violation shall be deemed
a separate and complete offense.
SECTION 3 - REPEALING CLAUSE. That all ordinances and parts of
ordinances in conflict with the terms of this ordinance are here-
by repealed; provided, however, that the provisions of the zoning
ordinance which regulate the keeping of livestock, fowl, and dogs
within the limits of the City of Schertz shall remain in full force
and effect and shall be in addition to the regulations prescribed
by this ordinance.
PASSED AND APPROVED THIS THE J9tf~DAY OF
ctr ,.!.i::-"<h~(/C<.0
G
, 19.122..-f
//}
~;.-i--/V ~ d
,,', ;;..e-t.-V L-. ~j;)<, 'u,,-,/
Mayor Robert C. Bueker
ATTEST:
'I )j A
~-"'1~~'~ A AA _ ~A.I A Q
~ty Secretary, June G. Krause
v'
- 5 -