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HomeMy WebLinkAbout1998-11-17 - Special City Council17 MINUTES OF SPECIAL MEETING City of Stephenville - City Council TUESDAY, NOVEMBER 17,1998 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on Tuesday, November 17, 1998, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor: Councilmembers: Absent: Others Attending: I. CALL TO ORDER Ilo $TO rC� Marshall Shelton Joel Hillin K. H. Conatser Bea Marin Jerry B. Madkins Wm. H. (Bill) Stanley Rusty Jergins Barbara Terrell Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney At 5:30 p.m. Mayor Moser called the meeting to order and announced that there was a quorum present. City Administrator Don Davis introduced Roy Halsell, candidate for Police Chief; his wife, Pearline; son, Bryan; and daughter, Kelly. At 5:35 p.m., Mayor Moser recessed the open portion of this meeting and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Section 551.074(a)(1) Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. November 17, 1998 - Minutes of Special Meeting At 5:45 p.m., Mayor Moser called the council back into regular session. Council member Madkins moved to confirm the appointment of Roy Halsell as Stephenville Police Chief. Council member Jergins seconded the motion, which passed by unanimous roll call vote. H. PUBLIC HEALTH AND SAFETY COMMITTEE REPORT A. Consider A New Truck Route Ordinance. Council member Marin moved to repeal the Truck Route Ordinance presently in effect and adopt Truck Route Ordinance No. 1998 -23 (attached). Council member Jergins seconded the motion, which passed by unanimous vote. Council member Marin moved to designate Frey Street from Graham to Paddock Streets as a designated temporary truck route for a period of sixty days so that the police department may study the impact of the designation. Council member Madkins seconded the motion, which passed by unanimous vote. B. Consider Amending the Animal Control Ordinance. Council member Marin moved to adopt ordinance No. 1998 -24 amending the Animal Control Ordinance. Council member Madkins seconded the motion, which passed by unanimous vote. C. Consider Adopting a Key Policy. Council member Marin moved to adopt the key policy (attached). Council member Jergins seconded the motion, which passed by unanimous vote. Council member Jergins moved that only full time employees, contract maintenance personnel, and those persons designated by the city administrator shall have a key or keys to city facilities. Council member Madkins seconded the motion, which passed by unanimous vote. III. CONSIDER APPROVAL OF PLANS AND SPECIFICATIONS FOR REPAINTING AND RENOVATION OF GARFIELD AND HIGHWAY 377 GROUND STORAGE TANKS City Administrator Don Davis introduced Bahrain Niknam, Deltatek Engineering. Niknam reported that these facilities will be upgraded to TNRCC and OSHA regulations. Council member Madkins moved to approve the plans and specifications for the repainting and renovation of the Garfield and Highway 377 ground storage tanks. Council member Shelton seconded the motion, which passed by unanimous vote. November 17, 1998 - Minutes of Special Meeting IV. UPDATE ON RAILROAD SIGNALIZATIONS lCouncil member Madkins moved to authorize the mayor to work with the city administrator and representatives with the Texas Department of Transportation to develop possible requests to our elected officials at the state and federal level for assistance in resolving the Harbin Drive railroad crossing matter. Council member Jergins seconded the motion, which passed by unanimous vote. V. CONSIDER TIME AND PLACE FOR COUNCIL RETREAT City Administrator Don Davis reported the results to a questionnaire of council members concerning the retreat. The majority of the council indicated that they prefer a weekend retreat to be held out of town. Following discussion by the council, it was determined that the retreat will be held at Indian Mountain Lodge on Saturday, January 30; and if another day is necessary, to hold the second retreat day on Saturday, February 13, at Indian Mountain Lodge. Council member Stanley moved to have the Planning and Development Committee, in conjunction with the city administrator, formulate the structure and agenda for the retreat. Council member Madkins seconded the motion, which passed by unanimous vote. The Planning and Development Committee will report its proposal to the council at one of the December council meetings. The council will decide at that time whether or not to include staff in the retreat meetings. VI. AWARD BIDS ON LANDFILL EXPANSION Council member Shelton moved to award this bid to Hall Excavating Co., Fort Worth in the amount of $144,625.00. Council member Madkins seconded the motion, which passed by unanimous vote. Council member Stanley expressed his appreciation to Interim Police Chief Elwood Hoherz for his service to the City of Stephenville. He said that the only negative in hiring the new police chief was in losing Chief Hoherz. VII. At 6:25 p.m., Mayor Moser recessed the open portion of this meeting, and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with §551.072 Deliberate the purchase, exchange, lease or value of real property and §551.071(1)(A) Private consultation between the City Council and its attorney to discuss pending or contemplated litigation. November 17, 1998 - Minutes of Special Meeting A. Hiring a Police Chief B. Municipal Service Center Site C. Cause No. 4722 -97CV, Erath County Court at Law, City of Stephenville v. Cecil Ford D. Cecil G. Ford v. City of Stephenville; Wrongful Mowing Claim At 7:30 p.m., Mayor Moser called the council back into regular session. [Council member Marin absent from this portion of the regular session.] VIII. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION Council member Shelton moved to ask the staff to consider the three proposals which were discussed -10 acres on US 67, 12 acres on US 67, and 22 acres on Bosque River Lane; and make a final decision on a location at the December council meeting. Council member Madkins seconded the motion, which passed by unanimous vote. Council member Hillin reported that copies of the North Central Texas Council of Governments' budget is available, and requested that City Administrator Davis request one of these to have on file. IX. ADJOURN There being no further business, the meeting adjourned at 7:35 p.m. ATTEST: Cindy L. ? - November 17, 1998 - Minutes of Special Meeting Jo r oser, Mayor KEY POLICY To provide security and protection of employees, the public, and the assets of the City, the following policy is established for issuing keys to all city facilities. Facilities may be exempted from this policy, for safety and security reasons, upon written approval of the City Administrator. All employees, of the City, must complete a "Key Request Form ". This request must be approved and signed by the Division Director. The "Key Request Form" will be submitted to the Purchasing Agent for processing. All keys will have a seven -digit code, which identifies the department and the employee, issued that key. The key will be stamped "DO NOT DUPLICATE". Any employee who has a key reproduced will have all keys confiscated. Keys will not be reissued to the employee. Employees are to "immediately" notify their Division Director if they lose their key(s). New keys will not be issued without written approval of the Division Director. If an employee transfers to another department, the Division Director is responsible for securing the keys and returning them to the Purchasing Agent. If an employee is terminated, or resigns, the Division Director is responsible for securing the employee's keys and returning them to the Purchasing Agent. The Purchasing Agent will notify the Human Resources Director upon receipt of keys. The employee's final check will be held until all keys are returned to the City. 12/01/99 ORDINANCE NO. 1998 -23 i AN ORDINANCE ESTABLISHING TRUCK ROUTES THROUGH THE CITY OF — STEPHENVILLE; DESIGNATING CERTAIN STREETS AS ESTABLISHED TRUCK ROUTES; PROVIDING FOR ERECTION OF TRUCK ROUTE SIGNS; AND PROVIDING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One The following words and phrases when used in this article, shall for the purpose of this article have the meaning respectively ascribed to them as follows: (1) Commercial vehicle: Every vehicle which is described as a truck tractor, pole trailer, semi - trailer, or trailer as described below: (a) Pole trailer: Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (b) Semi - trailer. Every vehicle without motive power, other than pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (c)Trailer: Every vehicle without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (d) Truck tractor. Every vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (2) Through Commercial Vehicle: Any commercial vehicle whose origin and destination is other than the city. (3) Local Commercial Vehicle: Any commercial vehicle whose origin and/or destination is within the city, and any locally operated commercial vehicle. (4) Truck routes: A street, road or highway designated by the city council upon which it shall be lawful for all through commercial vehicles and local commercial vehicles to travel. Truck Route Ordinance — Page 1 November 17. 1998 Section Two Truck Routes: The following streets roads, and highways are hereby designated commercial vehicle truck routes for through routes within the city limits of Stephenville: (1) State Highway 281: Entire extent within corporate limits. (2) State Highway 377: Entire extent within corporate limits. (3) State Highway 67.• Entire extent within corporate limits. (4) Highway 8: Entire extent within corporate limits (5) FMLoop 988: Intersection with Highway 8 to intersection with State Highway 67 / 377. (6) East Washington (Spur 195): State Highway 281 to east city limits. (7) FM 914: State Highway 67/377 to city limits. (8) Washington : State Highway 281 to State Highway 67/377 Section Three Truck delivery routes: Shall mean the operation of a Commercial vehicle on a city street for the purpose of loading unloading or weighing at a location off a designed truck route and return to nearest truck route. (1) Bates Street: From Highway 8 to end of roadway (2) Race Street: Highway 8 to Vanderbilt street (3) Paddock Street: Highway 8 to Sloan street (4) Vanderbilt Street: Race street to Paddock street (5) Floral Street: East Washington to Tarleton street (6) Washington Street: State Highway 281 to State Highway 67/377 (7) Graham Street: State Highway 67/377 to Highway 8 (8) Green Street: Floral Street to Graham Street (9) Hurbert Street: Race Street to Columbia Street Truck Route Ordinance — Page 2 November 17, 1998 Section Four (1) It shall be unlawful for any person to operate a through commercial vehicle upon any street, boulevard, alley, or avenue within the limits of the City of Stephenville, Texas, except that such commercial vehicle may travel or be operated upon any street, boulevard, or avenue d2sig� as a truck route. (2) It shall be unlawful for any person to operate any local commercial vehicle upon any street except those streets designated as truck delivery routes. A local commercial vehicle may leave a truck delivery route for the purpose of delivery or picking up materials or goods at a location not on a truck delivery route but then return to nearest truck delivery route or truck route to exit the location. If additional deliveries or pickups are required the vehicle doesn't need to return to truck route after each individual delivery but shall return to truck route upon completion of the deliveries /pickups. (3) Local commercial vehicles may exit delivery routes either direction as long as it intersects with a through route or truck delivery route. The only exception is turning at the Court House square from Graham to Washington or Washington to Graham Streets. Section Five The City of Stephenville will erect truck signs on all streets within the corporate limits of Stephenville other than State of Texas maintained roadways. The Texas Department of Transportation will erect such signs as they deemed necessary on all state roadways which are maintained by their agency. Section Six Any person, firm, or corporation violating any provisions of this article or failing to observe any provision hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than forty dollars ($40.00) and not more than two hundred dollars ($200.00); and if such violation be continuing, each day or part of a day shall be a separate offense. PASSED and APPROVED on the 17'b day of November, 1998. Johil,Moser, Mayor Truck Route Ordinance — Page 3 November 17, 1998 ATTEST: l � Cindy L. St Ford, 6ty S tary "� W" . Reviewed by Donald B. Davis City Administrator Approved as to form and legality by Randy Thomas, City Attorney Truck Route Ordinance — Page 4 November 17, 1998 ` ORDINANCE NO. 1998- 24 AN ORDINANCE AMENDING ORDINANCE NO. 1997 -8 OF THE CITY OF STEPHENVILLE BY CHANGING THE LICENSE ISSUE DATE AND BY ADDING TO ARTICLE 9, SECTION E (1) AND (2); AND PROVIDING FOR PENALTIES AS PROVIDED HEREIN. ANIMAL CONTROL ORDINANCE Be it ordained by the City Council of the City of Stephenville, Texas, that: ARTICLE 1. PREAMBLE The animal control regulations as herein established have been enacted for the purpose of promoting the health, safety, and general welfare of the City of Stephenville. The intent of the regulations, prohibitions, and provisions is to protect values within the City of Stephenville; to enhance the quality of life of persons, pets, and other animals; and to protect the general public from damage and injury, which may be caused by, unregulated animals. ARTICLE 2. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, will be interpreted as follows: (A) ABANDON: To withdraw protection, support, or help from. (B) ANIMAL CONTROL OFFICER: A person designated by the City of Stephenville as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of Sections of the Texas Statute pertaining to the care and control of animals. (C) BOARDING/RIDING STABLE: Any facility for boarding, livery, training, or riding school; or any facility which maintains horses or ponies, mules, donkeys, or burros; whether gratuitously or for a fee. (D) DANGEROUS ANIMAL: Any wane blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the Texas Department of Health. A dangerous animal includes any hybrid animal, any pet wildlife, or any domestic animal which has attacked a human or which is apprehended or observed unrestrained. (E) DANGEROUS DOG: A dangerous dog is one that: (1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (F) DOMESTIC ANIMAL: Any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period. (G) ERATH COUNTY HUMANE SOCIETY SHELTER: The facility designated and/or operated by the Erath County Humane Society for the purpose of impounding and caring for animals held under authority of this ordinance. The Erath County Humane Society will be referred to as the Shelter hereafter. (H) ESTRAY:Any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle. (I) EXOTIC SPECIES: Any animal born or whose natural habitat is outside the continental United States, excluding non - venomous reptiles and fish. This is to include bobcats and cougars. (J) GUARD DOG: Any dog which is professionally trained and kept solely for the protection of persons and property (K) HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care, for a period of three (3) days or longer. (L) HYBRID: An offspring of genetically differing parents as members of different breeds or species. (M) KENNEL: Any establishment designed or used for the boarding, selling; or breeding of animals where three (3) or more dogs or cats are to be boarded, sold, or bred. This excludes veterinary clinics. (N) LIVESTOCK: An animal raised for human consumption or an equine animal, to include: cattle, sheep, horses, mules, donkeys, llamas, burros, goats, swine, poultry or any hybrid of these. (0) OWNER: Any person who has right of property in an animal or any person who exercises control over an animal for any length of time. (P) RABIES VACCINATION: The vaccination of a dog, cat or other domestic animal with an rabies vaccine approved by the Texas Department of Health and administered by a Doctor of Veterinary Medicine licensed by the Texas State Board of Veterinary Medical Examiners. (Q) RUNNING AT LARGE: Any animal which is: (1) Not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animals while off the owner's premises. (2) Not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. Any animal which is within a vehicle in a manner that would prevent that animal's escape or contact with other persons or animals will not be deemed "at large." (R) SECURE ENCLOSURE: Means a fenced area or structure that is: (1) locked; (2) capable of preventing the entry of the general public, including children; (3) capable of preventing the escape of a dog; and (4) clearly marked as containing a dangerous dog. (S) STRAY ANIMAL: Any animal roaming with no physical restraint beyond the premises of an animal's owner or keeper. (T) THEATRICAL EXHIBITION: Any exhibition or act featuring "performing animals." Example: circus or carnival. (U) UNPROVOKED: With respect to an attack by an animal where the animal was not taunted or teased; hit, kicked, or struck by a person with an object or part of a person's body; nor was any part of the animal's body pulled, pinched, or squeezed by a person. (V) VETERINARIAN: Any Doctor of Veterinary Medicine having a current license issued by the Texas State Board of Veterinary Medical Examiners. (W) WILDLIFE: Any animal which occurs naturally in a wild state, including any hybrid breeds. ARTICLE 3. GENERAL SECTION 1. CREATING A HEALTH HAZARD: (A) No animal owner will violate the Stephenville Health and Sanitation Code, Chapter 10, Article II, Sections 10 -18 and 10 -20. (B) No person will allow his/her animal to eliminate on public property or the property of another and not remove the same. SECTION 2. TAMPERING WITH TRAPS AND EQUIPMENT: No person will remove, alter, damage or otherwise tamper with a trap or equipment belonging to /set out by the Animal Control Division. SECTION 3. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The Animal Control Division, or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, when the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal. SECTION 4. EXCESSIVE NOISE: No person will knowingly keep on their premises an animal that disturbs the peace by making excessive loud or obnoxious noises. Any person who has been notified by the Animal Control Officer or Stephenville Police Department that their animal is disturbing the peace in this manner has twenty -four (24) hours from the time of notification to stop the disturbance and prevent its recurrence. Failure to do so within this time period is a violation of this ordinance and will be considered a misdemeanor. Each (24) hour period such a violation occurs is punishable as a separate offense. ARTICLE 4. ANIMAL CARE SECTION 1. PROVIDE CARE: No owner will fail to provide an animal in his/her care with sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care when needed to prevent suffering, and humane care and treatment. SECTION 2. CRUEL TREATMENT: No person will cruelly treat any animal or cause, instigate, or permit any type of fighting between animals or between animals and humans. SECTION 3. ABANDONMENT: No person will abandon an animal in his custody. SECTION 4. INJURED ANIMAL: Any person who, as the operator of a motor vehicle, strikes a domestic animal will immediately report such injury or death to the animal's owner or report the accident to the appropriate law enforcement agency or to the Erath County Humane Society. SECTION 5. POISONOUS SUBSTANCE /TRAPS: No person will expose any known poisonous substance, whether mixed with food or not, that is liable to be eaten by any domestic animal or person. This section is not intended to prohibit use of herbicides, insecticides, or rodent control materials. No person will operate an open trap or metal jaw type that is exposed to any domestic animal or person. SECTION 6. THEATRICAL EXHIBITS: All Theatrical Exhibits as defined herein will, in addition to other requirements of this ordinance, comply with the minimum standards of this section. Facilities will be subject to inspection by an Animal Control Officer upon his/her request during reasonable hours. (A) Animal quarters will be of sufficient size to allow each animal to stand up, lie down, and turn around in a natural position. (B) Each enclosure will be maintained in comfortable and healthy temperature level as well as adequate ventilation. (C) No animal will be caused to fight, wrestle or be physically matched against any other animal or person. (D) No animal will perform or be displayed in any dangerous situation that presents the danger of physical injury to the animal or person. 1 ARTICLE 5. ANIMAL IMPOUNDMENT SECTION 1. IMPOUNDMENT: Animals owned or harbored in violation of this ordinance or law of the State of Texas may be taken into custody by an animal control officer or any law enforcement agent and impounded under the provisions of this ordinance. SECTION 2. DISPOSITION OF IMPOUNDED ANIMALS: (A) All animals impounded by the Animal Control Division will be held for a minimum of three (3) working days at the Shelter. During that time period, the owner may present proof of ownership to the Shelter and, after paying all applicable fees, reclaim the animal. If the animal is not claimed within this time period, it will become the property of the Erath County Humane Society on the fourth (4th) day. (B) All animals brought to the Shelter by a person other than the Animal Control Officer, to include the owner or harborer, will immediately become the property of the Erath County Humane Society. (C) All animals brought to the Shelter by the Animal Control Division or any other person, to include the owner or harborer, which are obviously sick, injured, or diseased, will immediately become the property of the Erath County Humane Society. (D) As required by state law, it will be the duty of the Erath County Sheriff's Office to take up any livestock for impoundment. (E) All animals other than dogs, cats, livestock, or strays in Stephenville impounded by the Animal Control Division, or brought to the Shelter by any other person, to include the owner or harborer, will become the property of the Erath County Humane Society, unless such ownership is prohibited by state or federal law. (F) Once an animal becomes the property of the Shelter, the Erath County Humane Society will retain the sole authority to determine the final disposition of each animal in its custody. The Society will not place any animal for adoption that is classified in this ordinance as prohibited. Animals will be euthanised by an injection of sodium pentobarbital or substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association. All animals listed as endangered or protected will be transferred to the proper authority at the earliest possible date, if transportation is allowed by state law. SECTION 3. ANIMALS HELD ON COMPLAINT: If a complaint has been filed in Municipal Court for the City of Stephenville against the owner of an impounded animal for a violation of this ordinance, the animal will not be released except on the order of the Animal Control Division. The Animal Control Division may also direct the owner to pay any penalties for violation of this ordinance in addition to all impoundment fees. Surrender of an animal by the owner to the Animal Control Division does not relieve or render the owner immune from the decision of the court, nor from the fees and fines which may result from a violation of this ordinance. SECTION 4. REMOVAL OF ANIMALS FROM CONFINEMENT: No person shall remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency. SECTION 5. ANIMALS AT LARGE: (A) No person owning or harboring an animal will permit such an animal to run at large. The animal control officer or his agent and peace officers are authorized to impound any animal mentioned in this ordinance which is in violation of this section. (B) Any officer of the City of Stephenville is hereby authorized to take up and deliver to the Erath County Humane Society any animal mentioned in this ordinance that may be found at large in the corporate limits of the City, subject to the applicable provisions of the law. Any person harboring such an animal who fails to notify and/or surrender the animal to the Animal Control Division is subject to civil and/or criminal action. SECTION 6. CONFINEMENT DURING ESTRUS: Any unsterilized female animal in the state of estrus (heat) will be confined during such period of time in a house, building, or secure enclosure. The area of enclosure will be so that no undesirable animal may gain access to the confined animal. Owners who do not comply will be ordered to remove the animal in heat to a veterinary hospital. All expenses incurred as a result of this confinement will be paid by the owner. Failure to comply with the removal order of the Animal Control Division will be a violation of this ordinance and the animal will then be impounded as prescribed in this ordinance. SECTION 7. FEES: All impoundment fees will be assessed by the Stephenville City Council. ARTICLE 6. DOGS AND CATS SECTION 1. RESTRAINT: Each dog or cat, when outside the owner's building, house, or fence, must be restrained by its owner. This restraint may be in the form of a pet carrier, leash, chain, or other material appropriate to the size and weight of the dog or cat. Any unrestrained dog or cat may be detained or impounded by the Animal Control Division. If the dog or cat has no identification, it will be considered a stray and be subject to Article I 1 of this ordinance. SECTION 2. OWNERSHIP: No person will keep or harbor more than three (3) dogs or cats at one time within the city limits. A litter of puppies or kittens may be kept, until they reach the age of three (3) months, without violating this ordinance. SECTION 3. MULTIPLE PET PERMIT: If a person wishes to own more than three (3) dogs or cats, and does not qualify for a kennel permit as outlined in Article 10, he may apply for a Multiple Pet Permit. In order to receive a Multiple Pet Permit, the owner must meet the following requirements: (A) Sign a sworn statement that they are not (commercially or individually) boarding, breeding, or selling animals for profit. (B) Provide a minimum outside space of four hundred (400) square feet provided for each dog. (C) Provide adequate protection from the weather for each dog in the form of a shelter with three sides and a roof, that provides enough room for the dog(s) to stand up, lie down, and turn around. (D) Pay an annual fee that will be assessed by the Stephenville City Council. (E) Any holder of a Multiple Pet Permit permitted under this ordinance found to be in violation of any applicable law of the City of Stephenville or the State of Texas, or whose property is maintained in such a manner as to be detrimental to the health, safety, or peace of mind of persons residing in the immediate vicinity, may have his/her Multiple Pet Permit revoked without prior notice by the City Administrator or his/her designee. (F) At no time will the total number of dogs and cats over the age of three (3) months exceed six (6) per household. SECTION 4. RABIES VACCINATION: (A) Any dog or cat three (3) months of age or older within the city limits must be vaccinated against rabies. All such dogs or cats will be re- vaccinated at one (1) year intervals thereafter. Any person establishing residence within the City of Stephenville will comply with this section within - ` the (10) days of establishing such residency. (B) If any unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the City limits a rabies vaccine will not be administered to the dog or cat until that animal is released from quarantine. (C) Every dog or cat three (3) months of age or older is required to wear a current rabies tag attached to their collar as proof that they have received a rabies vaccination. The dog or cat owner is required to present a current rabies vaccination certificate upon the request of the Animal Control Division or any police officer. SECTION 5. LICENSE: All dogs and cats three (3) months of age or older which are kept, harbored, or maintained within the corporate limits of the City shall be licensed. To receive a license, the owner must show proof of a current rabies vaccination, in the form of a rabies vaccination certificate, and pay the required licensing fee for each animal. The license shall be valid for exactly one (1) year from the issue date. The license may be obtained from the city of Stephenville or any licensed veterinarian within Erath County. SECTION 6. FEES: All licensing fees will be assessed by the Stephenville City Council. SECTION 7. TAG A tag will be issued to each licensed pet and should be displayed on the animal at all times. Replacement tags for lost or stolen tags may be obtained by presenting the receipt for the current year's license fee and paying a replacement tag fee to be assessed by the Stephenville City Council. Tags are not transferable and no refunds will be made. SECTION 8. GUARD DOGS: All guard dogs will obtain a permit from the City. The area or premises where such dog is confined will be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES." (A) Said area of premises will be subject to inspection by the Animal Control Division to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent it from coming in contact with the public. (B) The dog will be issued a tag by the City and the owner must pay an annual fee to be assessed by the Stephenville City Council. The Guard Dog permit will expire one (1) year from date of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all times (C) Dogs permitted under this Section will not be required to obtain a city license, but will be required to comply with all provisions of this Ordinance. SECTION 9. LATE FEE: For the purpose of this ordinance, a late fee may be assessed under the following conditions: (A) Failure to obtain a license for a dog or cat that is over three (3) months of age. (B) Failure to renew license within ten (I O)days of expiration of current license. (C) Failure to obtain license within ten (10) days of the animal taking up residence in Stephenville. (D) All late fees will be asssessed by the Stephenville City Council. SECTION 10. REVOCATION OF LICENSE: (A) The City Administrator or his/her designee may revoke any cat or dog license after a hearing for any one or more of the following reasons: (1) Impoundment of a cat or dog by the City more than three (3) times during a twelve (12) month period; or (2) If the dog or cat in question has been involved in a conviction violating this article more than three (3) times; or (3) Any combination of (1) and (2) totaling three (3) incidents; or (4) Upon a determination that the animal is a dangerous dog, as defined in Article 8. (B) Upon revoking the license of any animal, the City Administrator or his/her designee will notify the owner in writing. Written notification will be completed when a certified letter, return receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited in the U.S. Mail. (C) Ten (10) days after written notification of revocation, as provided above, is made, no animal which has had its license revoked will be kept, maintained, or harbored within the City limits. Each twenty-four (24) hour period will constitute a separate violation. (D) The Animal Control Division will have the authority to conduct random or city wide verification programs in a manner calculated to determine compliance with the license and rabies Vaccination requirements. ARTICLE 7. LIVESTOCK SECTION 1. GENERAL CARE: (A) No owner of any livestock will maintain yards, pens, stables, sheds or other enclosures in which any livestock is confined in such a manner as to give off odors offensive to a person of ordinary sensibilities residing in the vicinity; to breed or attract flies, mosquitoes or other noxious insects or rodents; in any manner to endanger the public health, safety or welfare; or to create a public nuisance. (B) Manure and droppings will be removed from yards, pens, stables, sheds or other enclosures regularly, based on size and number of animals. This waste matter must be handled or disposed of in such a way as to keep the premises free of any nuisance. SECTION 2. ENCLOSURES: (A) No owner will keep any horse, cow, cattle, sheep, donkey, burro, llama, poultry or goat within one hundred (100) feet of another residence or occupied building, or any swine within five hundred (500) feet of another residence or occupied building. (B) Adequate shelter will be provided for each animal. The shelter must be of sufficient size — to allow each animal to stand up, lie down, and turn around in a natural position. (C) There will be a minimum space for stable and lot of one -half acre (21,780 square feet) for each horse, mule, donkey, burro, or cow. Each additional animal of this type must be given an additional one -half acre. (D) There will be a minimum space for stable and lot of one - fourth acre(10,890 square feet) for each goat, sheep or swine. Each additional animal of this type must be given an additional one- fourth acre. (E) There will be a minimum space for pens, coops, and yards of ten (10) square feet for each poultry. Each additional animal of this type must be given an additional ten (10) square feet. (F) All fences and gates must be in good repair and be strong enough to hold the animals enclosed within. SECTION 3. PERMITS/FEES/EXEMPTIONS: (A) Each livestock owner must submit an application for a livestock permit with the Animal Control Division. The applicant must meet all standards outlined in this article and pay the required fee before a permit will be issued. The Animal Control Division has the right to inspect the applicant's property to ensure that all standards are met before the permit is issued. The permit will be valid for one (1) year from the issue date. (B) All livestock permit fees will be assessed by the Stephenville City Council. (C) Any student who participates in a school sponsored agricultural program or project, which livestock is a part of, must still apply for a livestock permit and meet all standards outlined in this ordinance. However, if the student can provide written proof of participation in a school sponsored program or project, the livestock fee may be waived for the duration of the program or project. If the livestock is kept beyond the duration of the program, the livestock fee must be paid by the owner. Applications for exceptions to other requirements, for school sponsored agricultural programs or projects only, may be submitted to the Stephenville City Council's Public Health and Safety Committee. SECTION 4. BOARDING/RIDING STABLES: All boarding /riding stables as defined herein will, in addition to other requirements of this City, comply with the minimum standards of this section as well as other State Laws that apply. All boarding/riding stables as defined will be one thousand (1000) feet from any other private residence. (A) All buildings and sheds used for stabling animals will be well lit, ventilated, and provide adequate protection from the weather. All buildings and sheds used for stabling animals will be kept clean and in good repair at all times. Manure and urine will be removed therefrom daily. Acceptable bedding material must be provided. Any enclosure where animals are kept will be graded and raked to keep the surface reasonably dry. (B) Animals let for riding /teaching purposes must be in good physical condition. (C) Boarding/riding stables which rent or lend horses to the general public for pleasure riding and/or lessons, will also adhere to the following standards: (1) Animals exhibiting the following will be deemed unfit for work: (a) Sores or abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. (b) Serious injury or illness (D) All boarding/riding stables will be required to apply for a permit from the city. All requirements defined in this section, as well as any applicable State Laws, must be met before a permit will be issued. The stables will be subject to an inspection by the Animal Control Division before a permit is issued. (E) All boarding/riding stable permit fees will be assessed by the Stephenville City Council. (F) The Animal Control Division may order a quarantine of the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons: (1) Excessive parasitism, diagnosed by a veterinarian which would cause the animal to be unfit to be ridden or driven. (2) General malnutrition as diagnosed by veterinarian. (3) Presence or suspicion of transmissible disease as diagnosed by a qualified veterinarian. (G) Facilities will be subject to inspection by an Animal Control Officer upon his/her request during reasonable hours. i r t_ ARTICLE 8. DANGEROUS DOGS SECTION 1. REQUIREMENTS FOR OWNER OF A DANGEROUS DOG: (A) Not later than the fifth (5th) day after a person learns that the person is the owner of a dangerous dog, the person will: (1) register the dangerous dog with the Animal Control Division; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and (3)obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. (B) A person learns that the person is the owner of a dangerous dog when: (1) the owner knows of an attack described in Section 1 of this Article; or (2) the owner is informed by the animal control authority that the dog is a dangerous dog. (C) If a person reports an incident described in Section 1 of this Article, the Animal Control Division must investigate the incident. If, after receiving the sworn statements of any witnesses or any other credible evidence, the animal control authority determines the dog is a dangerous dog, it will notify the owner of the fact. Notification will be within five (5) working days and, if the Animal Control Division cannot personally deliver the notice, it will be made by certified mail, return receipt requested. If this fails, notification may be made by ordinary mail or by leaving a copy of the notice at the owner's residence. (D) An owner, not later than the tenth (10th) day after the date the owner is notified that a dog is a dangerous dog, may appeal the determination of the Animal Control Division to the municipal court. An owner may appeal the decision of the justice or municipal court in the same manner as appeal for other municipal cases. SECTION 2. REGISTRATION OF A DANGEROUS DOG: (A) The Animal Control Division may annually register the dangerous dog if the owner: (1) presents proof of: (a) liability insurance or financial responsibility, as required by Section 1; (b) current rabies vaccination of the dangerous dog; and (c) a secure enclosure, as defined in Chapter 822, Subchapter D, 882.041(4), Texas Health and Safety Code, in which the dangerous dog will be kept; and (2) pays an annual registration fee that will be assessed by the Stephenville City Council. (3) submits a color photograph of the dangerous dog for identification purposes. (B) The dangerous dog must be kept at least one hundred (100) feet from any other residence or occupied building. (C) The Animal Control Division will provide the owner a registration tag, which must be placed on the dog's collar. (D) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the seventh (7th) day after the date of the sale or move, will notify the Animal Control Division of the new owner's address. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee that will be assessed by the Stephenville City Council, the Animal Control Division will issue a new registration tag to be placed on the dangerous dog's collar. (E) An owner of a registered dangerous dog will notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people or animals. SECTION 3. ATTACK BY A DANGEROUS DOG: (A) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (B) An offense under this section is a Class C misdemeanor, unless the attack causes serious bodily injury or death, in which case the offense is a Class A misdemeanor. (C) If a person is found guilty of an offense under this section the dangerous dog may be considered non - registerable and ordered destroyed. (D) In addition to criminal prosecution, a person who commits an offense under this Section is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit' ina court of competent jurisdiction to collect the penalty. Penalties collected under this subsection will be retained by the city of Stephenville. ARTICLE 9. ANIMAL BITES SECTION 1. REPORTING BITES /SCRATCHES: Every physician or other medical practitioner who treats a person or persons for any animal bite /scratch, or any person having knowledge of an animal bite /scratch, will immediately report such treatment to the Stephenville Police Department. SECTION 2. REPORTING SUSPECTED RABIES: (A) A person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies, or who knows of an animal that the person suspects is rabid, will report the incident or animal to the Stephenville Police Department immediately. (B) The report must include the name and address of the victim and of the animal's owner, if known, and any other information that may help in locating the victim or animal. SECTION 3. QUARANTINE OF SUSPECTED RABIES: (A) The Animal Control Division or a veterinarian will quarantine or test any animal that is believed to be rabid, may have been exposed to rabies, or may have exposed a person to rabies. (B) An owner will submit for quarantine an animal that: (1) is reported to be rabid or to have exposed an individual to rabies; or (2) the owner knows or suspects is rabid or has exposed an individual to rabies. (C) The quarantine period for all animals will be in accordance with the requirements set by the Texas Board of Health.. (D) The animal will be quarantined at the Shelter or at a veterinarian clinic of the owner's choice, at the owner's expense. (E) If the animal cannot be maintained in a secure guarantine, it shall be humanely destroyed and the brain submitted to a Texas Department of Health certified laboratory for the rabies diagnosis. (1) If owner of animal is known, the owner will be obligated to pay costs of packaging and shipping, or (2) If owner is unknown, the City of Stephenville will be obligated to pay costs of packaging and shipping. ARTICLE 10. KENNELS SECTION 1. PERMITS: A kennel will not be allowed until a kennel permit has been issued by the Animal Control Division. The Animal Control Division may require an inspection before the permit will be issued. No kennel may operate within one hundred (100) feet of any other person's building. Any animal residing in a kennel for any length of time must comply with all other applicable articles in this ordinance. Permits will be valid for one (1) year from date of issuance. The permit fee will be assessed by the Stephenville City Council. SECTION 2. REVOCATION OR SUSPENSION OF PERMIT: Any kennel permitted under this ordinance found to be in violation of any applicable la-8v of the City of Stephenville or the State of Texas, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the City Administrator or his/her designee. ARTICLE 11. ESTRAYS SECTION 1. UNATTENDED ESTRAY: It will be unlawful for any person, firm or corporation to allow an estray to be at large within the city limits of Stephenville. The party having ownership or right to immediate control of such estray will have the burden to keep such estray off any property other than their own in the City. SECTION 2. IMPOUNDMENT: As required by state law, it will be the duty of the Erath County Sheriffs office to take up any and all estray that may be found within the City of Stephenville and to impound such estray. ARTICLE 12. PROHIBITED ANIMALS/EXEMPTIONS SECTION 1. PROHIBITED ANIMALS: Animals which are considered "high risk" under the Texas Rabies Control Act and are prohibited within the city limits are skunks, bats, coyotes, foxes, and raccoons. Any hybrid of these breeds is also prohibited. Other animals which may be considered dangerous and are prohibited include, but are not limited to: venomous reptiles, constrictor reptiles, elephants, rhinoceros', wolves, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, binturangs, ostriches, emus, rheas, apes, or any hybrid of these animals. SECTION 2. EXEMPTIONS: This Article does not apply to: (A) Zoological Parks accredited by the American Association of Zoological Parks and Aquariums. (B) Federally- licensed research institutions. (C) Any government agency or its employee who use the animals in relation to an education, propagation, or behavior program. ARTICLE 13. PENALTIES/ SEVERANCE / REPEALER SECTION 1. PENALTY FOR VIOLATION: Any person who violates any of the provisions of this ordinance will be guilty of a Class C Misdemeanor and upon conviction thereof, will be punished by a fine not to exceed five hundred dollars ($500.00). Each day of violation will constitute a separate offense. SECTION 2. SEVERANCE CLAUSE: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision will not affect the validity of the remaining portions of this ordinance. SECTION 3. REPEALER: All ordinances and parts of ordinances in conflict here with are hereby repealed on the effective date of this ordinance, which will be ten (10) days from passage and publication as required by law. Passed and Approved this 17' day of November, 1998. QL7_Kt��� Mayor ATTEST: Cindy StaffdT, ao Approved as to form and legality: Randy Thomas, City Attorney Reviewed by Donald B. Davis, City Administrator