The Mercedes Enterprise (Mercedes, Tex.), Vol. 89, No. 50, Ed. 1 Wednesday, December 12, 2001 Page: 4 of 23
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Page 4 -- The Mercedes Enterprise
Mercedes
Texas 78570 Wednesday, December 12,2001
I M
PUBLIC NOTICE
(a)
(b)
ORDINANCE NO. 2001-34
AN ORDINANCE AMENDING ORDINANCE NO. 99-17 PROVIDING FOR
RABIES CONTROL; REPORTING OF ANIMAL BITES; PROVIDING FOR
QUARANTINE: RESTRAINT OF ANIMALS RUNNNING AT LARGE;
RESTAINT OF VICIOUS ANIMALS; IMPOUNDMENT OF ANIMALS;
PROVIDING FOR KENNEL PERMITS; PROVIDING FOR FEES;
PROHIBITION OF CERTAIN SPECIES OF ANIMALS AND DESCRIBING
PENALTIES FOR VIOLATING SUCH PROVISIONS IN ACCORDANCE WITH
AND PURSUANT TO VERNON’S TEXAS CODES ANNOTATED, HEALTH
AND SAFETY CODE SECTION 826, ET SEQ.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MERCEDES, TEXAS:
That shall now read:
SECTION 1: Definitions. When used in this ordinance the following words and terms,
unless the context indicates a different meaning, shall be interpreted as
follows:
1.1 OWNER: Any person, firm or corporation who has an ownership
interest in an animal or who harbors an animal or allows an animal to
remain about his premises for a period of 3 days or more.
1.2 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 3 days.
1.3 DOMESTIC ANIMAL: Shall include all species of animals
commonly and universally accepted as being domesticated.
1.4 WILD ANIMAL: Shall include all species of animals which
commonly exist in a natural unconfined state and are usually not
domesticated. This shall apply regardless of state or duration of captivity.
1.5 PET ANIMAL: Shall include dogs, cats, rabbits, rodents, birds,
reptiles, and any other species of animal which is sold or retained as a
household pet but shall not include skunks, nonhuman primates and and
other species of wild exotic or carnivorous animal that may be further
restricted in this law.
1.6 DOG: Shall mean any live or dead dog (canis familiaris)
1.7 CAT: Shall mean any live or dead cat (felis catus)
1.8 VICIOUS ANIMAL: Shall mean any individual animal or any
species that without provocation attacked or bitten any person or other
animator any individual animal which the local health authority has
reason to believe has dangerous disposition, or any species of animal
which the local health authority has reason to believe has a dangerous
disposition likely to be harmful to humans or other animals.
1.9 LIVESTOCK AND DOMESTIC FOWL: Shall include all cattle,
cows, calves, bulls, horses, donkeys, mules, sheep, swine, rabbit, and
goats of every class whatever, or the young of any such animal. The term
domestic fowl, shall include all chickens, ducks, turkeys, geese, pigeons,
guineas, and parakeets, of every class whatever, and the young of any
such fowl.
1.10 STRAY ANIMAL: Any animal for which there is no identifiable
owner or haborer or an animal roaming with no physical restrairit beyond
the premises of the animals owner or keeper..
1.11 RUNNING AT LARGE: Shall mean not completely confined
by a building, wall, or fence of sufficient strength or construction to
restrain the animal, except when such animal is either on a leash or held
in the hands of the owner or keeper, or under direct supervision of the
owner within the limits of the owner’s private property. An animal within
an automobile or other vehicle of its owner, shall not be deemed
“running at large.”
1.12 : VACCINATED: Means properly injected with a rabies vaccine
licensed for use in that species by the United States Department of
Agriculture and administered by a veterinarian licensed to practice in the
State of Texas.
1.13 CURRENTLY VACCINATED: Means vaccinated and satisfying
the following criteria:
a) The animal must have been at least four months of age at the time of
vaccination.
b) At least 30 days have elapsed since the initial vaccination.
c) Not more than 12 months have elapsed since the most recent
vaccination.
1.14 ANIMAL CONTROL OFFICER: A person designated by the City
to receive reports of animal bites, investigate bite reports, insure
quarantine of possible rabid animals and otherwise carry out provisions of
Texas law and municipal ordinance pertaining to control and eradication
of Rabies.
1.15 KENNEL. Any person, group of persons, partnershipion corporation
engaged in keeping more than wordings or ears or are ihahe business or
boarding, breeding buying, letting for hire, training for a feel off selling
dogs or cats
SECTION 2 : Rabies Control.
2.1 VACCINATIONS: Every owner of a dog four months of age or older
shall have such animal vaccinated against rabies. All dogs vaccinated
at four months or age or older shall be revaccinated at one year of age
and annually thereafter. Any person moving into the City from a
location outside of the City shall comply with this ordinance within ten
(10) days after having moved into the City. If the dog has inflicted a
bite on any person, or another animal, within the last ten (10) days, the
owner of said dog shall report such fact to the veterinarian, and no
rabies vaccine shall administered until after the 10-day observation
period.
2.2 CERTIFICATE OF VACCINATION: Upon vaccination, the
veterinarian shall execute and furnish to the owner of the dog as
evidence thereof, a certificate upon a form furnished by the
veterinarian. The veterinarian shall retain- a duplicate copy. Such
certificate shall contain the following information:
a) The name, address, and telephone number of the owner of the
vaccinated dog, -
b) The date of vaccination;
c) The type of rabies vaccine used,
d) The breed, age, color and sex of the vaccinated dog.
2.3 RABIES TAGS: Concurrent with the issuance and delivery of the
Certificate of vaccination referred to in Section 2.2, the owner of the
dog shall cause to be attached to the collar or harness of the
vaccinated dog a metal, tag, serially numbered to correspond with the
name of the issuing veterinarian and his address. The owner shall
cause the collar or harness, with the attached metal tag, to be worn by
his dog at all times
2.4 DUPLICATE TAGS: In the event of loss or destruction of the
original tag provided in Section 2.3, the owner of the dog shall
obtain a duplicate tag. Vaccination certificates (and tags) shall be
valid only for the animal for which it was originally issued.
2,5 PROOF: It shall be unlawful for any person who owns or harbors
vaccinated dog to fail or refuse to exhibit his copy of the certificate of
vaccination upon demand to any person charged with the enforcement
of this ordinance and Texas laws pertaining to control and eradiction
of Rabies.
2.6 HARBORING UNVACCINATED ANIMALS: It shall be unlawful
for any person to harbor any dog which has not been vaccinated
against rabies, as provided herein, or which cannot be identified as
having a current vaccination certificate.
2.7 ANIMALS EXPOSED TO RABIES: Any person having knowledge
of the existence of any animal known to have been, or suspected of
being exposed to rabies must immediately report such knowledge to
the local health authority, giving any information which may be
required. For any animal known to have been, or suspected of being,
exposed to rabies, the following rules must apply.
Animals having a current vaccination must be revaccinated
immediately and confined according to the method prescribed by
the local health authority for a period of not less than 90 days.
Animals not having a current vaccination should be humanely
destroyed. However, if the owner of such animal elects, he may,
at his expense and in a manner prescribed by the local health
authority, confine such animal, Such animal must be vaccinated
immediately following exposure and quarantined for not less
than 6 months. A revaccination shall be done one month prior to
release from quarantine.
SECTION 3: Reporting Human Bites from Animals Susceptible to Rabies: Related
Procedures
3 .1 Any person having knowledge of an animal bite to a human or who
knows of an animal that the person suspects is rabid, will report the
incident to local health authority or animal control officer as soon as
possible, but not later than twenty-four (24) hours from the time of
the incident.
3.2 This report must include:
(a) The name and address of the victim and the animals owner, if
known.
(b) Any other information that may help in locating the victim or
animal.
3.3 The owner of the biting animal will place that animal in quarantine
as prescribed in Section 4 under the supervision of the local health
authority
3.4 The local health authority will investigate each bite incident, utilizing
standardized reporting forms provided by the Texas Department of
Health.
3.5 Human bites from rodents, rabbits, birds and reptiles are excluded
from the reported requirements of this ordinance.
SECTION 4: Quarantine Procedures for Animals.
4 .1 When a dog, cat or other animal suspected of being rabid has bitten a
human and has been identified, the owner will be required to produce
the animal for ten days confinement at the owner’s expense. Refusal
to produce said dog constitutes a violation of this section and each
day of such refusal constitutes a separate and individual violation .
The 10 day observation period will begin on the day of the bite
incident. The animal must be placed in the animal control facilities
specified for this purpose, if available. However, the owner of the
animal may request permission from the local health authority or
animal control supervisor for home quarantine if the following
criteria can be met:
(a) Secure facilities must be available at the home of the animal’s
owner, and must be approved by the local health authority.
(b) The animal is currently vaccinated against rabies.
(c) A licensed veterinarian must observe the animal at least on the
first and last days of the quarantine period. If the animal becomes
ill during the observation period, the local health authority must
immediately be notified by the person having possession of the
animal. At the end of the observation period the retease from
quarantine must accomplished in writing.
(d) The animal was not in violation of any laws at the time of the
bite.
4.2 It shall be unlawful for any person to interrupt the 10 day observation
period.
4.3 No wild animal will be placed in quarantine. All wild animals involved
in biting incidents will be humanely killed in such a manner that the
brain is not mutilated. The brain shall be submitted to a Texas
Department of Health certified laboratory for rabies diagnosis.
SECTION 5. Animal Registration.
5.1 No owner shall have within the City any dog or cat four months of
age of older unless such dog is currently registered with Animal
Control. A current metal registration tag issued by Animal Control or
a veterinarian authorized by Animal Control to issue a certificate,
must be affixed to a collar or harness that must by worn by the dog or
cat at all times. No dog or cat shall be registered until it has a current
vaccination
(a) Application for initial issuance or renewal of each registration
must be made by the owner in writing or in person, and be
accompanied by a fee of five dollars ($ 5.00), unless the dog
or cat being registered has been neutered or spayed and proof
of such surgical sterilization can be shown to an animal
control officer or a veterinarian authorized to issue such
registrations; then the fee will be two dollars ($2.00). If the
original current registration certificate is lost or destroyed, the
owner may obtain a duplicate registration from the Supervisor
of Animal Control by paying a fee of two dollars ($2.00).
Dogs and cats under the age of one (1) year shall be registered
at the sterilized fee. Animals may be exempted from
sterilization provision upon written recommendation from a
veterinarian that such alteration would be harmful or
dangerous to the animal.
(b) Registration certificates shall be renewed annually. The
registration period will be from January 1 ' ember 31,
Certificates for the new period shall be an e at
least thirty (30) days in advance of, and s. days
following, January 1st and shall constitute a valid registration
upon issuance.
(c) Registration and/or vaccination certificates (and tags) shall be
valid only for the animal for which it was originally issued.
(d) If there is a change in ownership of a registered dog or cat,
the new owner shall have the registration transferred to his
name. There shall be no charge for the said transfer.
Application for such transfer shall be made to the Animal
Control in writing or in person.
(e) Fee exempt registration may be issued for the following:
1. Police or sheriffs department dog; and
2. Dogs trained to assist the audio or visually impaired
person.
5.2 The Supervisor of Animal Control may refuse to register a dog or cat,
or revoke a permit issued to any person who has been convicted in
any duly authorized court of jurisdiction in the State of Texas, or
resides with any person so convicted of any of the following:
(a) Cruelty to animals as defined in the Texas Penal Code,
inhuman treatment, or negligence to an animal, and
(b) Conviction of four (4) or more separate and distinct
violations of an animal control ordinance of a
municipality in the State of Texas within any twelve
month period.
Any person denied such a registration may appeal the refusal to a
committee made up of the Chief of Police or his appointed
representative, the City Manager or his appointed representative.
This committee shall uphold or overturn the Supervisor of Animal
Control’s refusal to issue a registration certificate.
5.3 Every person having care, control, or custody of any dog which has
received guard dog training must register such dog with the
Supervisor of Animal Control. Any dog which has received guard
dog training may be destroyed when such dog is found running at
large. The owner or keepers of guard dogs shall be subjected to the
other provisions of this section. A identification collar identifying
the dog as a guard dog must be worn at all times and the dog must
wear a muzzle when out of confinement.
SECTION 6: Running at Large.
6.1 It shall be unlawful for any dog or other animal possessed, kept or
harbored, other than a cat, to run at large, as is defined in Section 1,11
of this ordinance.
6.2 The Animal Control Officer is authorized to impound such animals
running at large, other than a cat, and may impound a cat under
conditions specified in Section 10 of the ordinance, or when he has
received a complaint that the cat has caused a nuisance or hazard to
the health or welfare of human or animal population.
SECTION 7: Animal Nuisance- It shall be a violation of this ordinance for any person
to do the following:
7.1 The keeping of any animal, which, by causing frequent or long
continued barking,.: cry, or noise, shall any person of ordinary
sensibilities in the vicinity.
7.2 The keeping of any animal in such a manner as to endanger the public
health, to .annoy neighbors by the accumulation of animal wastes
which cause foul and offensive odors, or are considered to be a
hazard to any other animal or human being; or by continued presence
on the premises of another.
7.3 The keeping of any pens, stables or enclosures in which any animal
may be kept or confined which, from use, have become offensive to
a person of ordinary sensibilities or the animal control officer.
7.4 The keeping of bees in such a manner as to deny the lawful use of
adjacent property or endanger personal health and welfare.
7.5 Persistent laxness in supervision of cats so that their running at large
results n disturbance to persons of ordinary sensibilities.
SECTION 8: Prohibited Animals.
8.1 It shall be unlawful to keep any wild animals inside the City.
8.2 It shall be unlawful to release or allow to run-at-large any wild or
vicious animal.
8.3 It shall be unlawful for any person to raise, keep, pen or harbor any
livestock or domestic fowl upon any remises within one hundred
fifty (150) feet from any residence or residential building, other than
that of the occupant of the premises where the same are kept, or of
any hotel, church or school within the corporate limits, This section
shall not apply to any person operating a commercial hatchery or
commercial livestock sales yard or to livestock harbored pursuant to
an exhibit or exposition held within the City and with the approval of
the proper City official.
8.4 All livestock or domestic fowl shall be kept in suitable sanitary pens @
or enclosures, which shall be cleaned daily and daily disimecied and
sprayed with insecticides and kept in such manner as not to become
unsanitary, offensive or disagreeable to persons of ordinary
sensibilities residing in the vicinity thereof or the animal control
officer? they shall not be kept or maintained so as to breed flies or in
any manner cause any injury to the health of the public or any person
residing in the vicinity of said pen or enclosure.
SECTION 9: Vicious Animals.
9.1 Any vicious animal found running-at-large may destroyed by any d
peace officer or animal control officer in the interest of public safety. •
9.2 The animal contol officer may order any owner or person having
care, control, or custody of any vicious animal to take such animal
permanently from the City? This animal must be removed
immediately following receipt of such an order, even if an appeal is
initiated. This order may be appealed in writing within ten (10) days
to a committee made up of the Chief of Police or his representative,
the City Manager or his representative, and the City Attorney or his
representative. Such committee may uphold, reverse or modify the
animal control officer’s order, and may stipulate restrictions on the
animal as a condition to allowing the animal to remain in the City. IF
the committee upholds the animal control’s order, the owner or
person having care, control or custody shall not bring the animal (
back inside the City limits.
9.3 If the owner or person having care, custody or control of a vicious 1
animal fails to remove such animal as provided for in Subsection 9.1
or 9.2 of this section, such animal may be impounded and/or
destroyed.
9.4 The owner or person having care, custody or control of a vicious
animal must report the disposition and relocation of such animal to
the animal control officer in writing, within then (10) day after the
expiration date for removal of such animal from the City. Each day
thereafter such information is not provided shall constitute a separate
offense.
9.5 The animal control officer shall be authorized to obtain a search and
seizure warrant if there is reason to believe that an animal ordered
removed from the City for being vicious has not been so removed.
SECTION 10 Impoundment.
shall be the duty of
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animal found thereon in ViOlntIOPEIL A A
10.3 The following animals may be impounded:
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(*) Dogs not exhibiting evidence of being vaccinated as described in
Section 2 or registered as described in Section 5.
(b) Any animal infected or kept under conditions which could
endanger the public or animal health.
(c) Any animal that creates a nuisance, as defined in Section?. O
(d) Any animal running-at-large, as defined in Section 6.
(e) Any animal treated in a manner determined by the animal control
officer to be cruel or inhumane.
(f) Any animal that has bitten a human being or needs to be placed
under observation for rabies, as determined by the local health
authority.
(g) Any animal violating any provision of this ordinance.
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10.4 If any of the animals named in this ordinance are found upon the
premises of any person, or owner or occupant of the premises, that
person shall have the right to confine such animal in a humane
manner until he can notify the animals control officer to come and
impound such animal. When so notified, it shall be the duty of the
animal control officer to have animal impounded as herein
provided.
10.5 Reasonable effort shall be made by the animal control officer to
contact the owner of any animal impounded which is wearing a
current vaccination tag; however final responsibility for location of
an impounded animal is that of the owner.
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10.6 The owner can resume possession of any impounded animal upon
payment of impoundment fees, handling fees, and any veterinary
bills incurred by animal control for the welfare of the animal, and
upon compliance with the vaccination and registration provision of a
this code, except where prohibited in Subsections 10.7 and 10.8 of -
this Section.
10.7 Disposition of animals impounded on the grounds of cruel or
inhumane treatment shall be determined by the Court of
jurisdiction.
10
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10.8 If any animal is being held under quarantine or observation for
rabies, the owner shall not be entitled to possession until it has
been released from quarantine.
10.9 The City Manager shall select and establish a place from
impounding all animals impounded under any provision of this
ordinance. D
10 10 Any animal, except vicious or wild animal, not reclaimed by the
owner may be humanely euthanized after being impounded for 72
hours, except that any animal wearing a current registration tag
shall be impounded for six (6) days.
10.11 Any impounded vicious or wild animal, unless there is reason to.
believe that it has an owner, may be immediately disposed of as
may be deemed appropriate by the animal control officer.
10.12 Any nursing baby animal impounded without the mother, or where
the mother cannot or refuses to provide nutritious milk, may be
immediately euthanized to prevent further suffering.
[Continued to Pag* 5.]
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The Mercedes Enterprise (Mercedes, Tex.), Vol. 89, No. 50, Ed. 1 Wednesday, December 12, 2001, newspaper, December 12, 2001; (https://texashistory.unt.edu/ark:/67531/metapth1652973/m1/4/?q=j+w+gardner: accessed June 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Dr. Hector P. Garcia Memorial Library.