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ORD 225 03/18/1976 111 • 411 4110- - I ORDINANCE NO. ��5 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, REQUIRING THE REGISTRATION AND VACCINATION OF ANY DOG; PROHIBITING THE K►+,►+,PING OF ANY DOG NOT VACCINATED; PROVIDING FOR REGISTRATION OF ALL DOGS; PROHIBITING THE RUNNING AT LARGE OF DOGS UNLESS REGISTERED AND VACCINATED; DECLARING THE KEEPING OF BARKING DOGS A NUISANCE; PROHIBITING DOGS FROM ENTERING OR BEING IN ANY PLACE WHERE FOOD IS FOR SALE; PRESCRIBING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY. RF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1 . Definition of Terms as used in this Ordinance, unless the context otherwise indicates . The term "Dog" shall mean both male and female and include any, each and every mammal of the canine family in the City of Cibolo, Texas. The term "Owner" shall mean any person or persons, firm, association or corporation owning, keeping, in control of, or harboring a dog. The term "At Large" shall mean off the premises of the owner and not under the control of the owner or a member of the owner's immediate family, or a servant of the owner. The term "Vicious Dog" shall mean a dog which is unruly, refactory, or has displayed an inclination to approach or growl at a person or persons in an angry, threatening or ill-tempered manner, when such person or persons was or were not doing acts ordinarily calculated to cause well tamed dogs to respond in such manner, or to bite, bite at, attack or snap at a person or persons, or has displayed habits indicating a lack of docility or a lack of complete taming. SECTION 2 . That it shall hereafter be unlawful for the owner of any dog within the corporate limits of the City of Cibolo, Texas, to keep or maintain said dog unless said dog is immunized against rabies and registered at the City Hall as hereinafter provided. SECTION 3 . a. It shall be unlawful for any dog to -be at large upon any property in the corporate limits of the City of Cibolo, Texas, unless such dog has been registered and vaccinated as stated below. b. Registration: each owner of a dog, within 30 days of'the effective date of this ordinance or within 30 days of the date upon which any dog is hereafter acquired will register such dog at the City Hall of the City of Cibolo upon forms provided by the City, such forms particularly to include the date of the last rabies vaccination. The registration will be valid for one year from the date thereof. c . Vaccination: Any dog for which regustration is required must have been vaccinated within one year prior to the registration, and no registra- tion shall be accepted without display by the owner of evidence of ,v_accina- tion within such one year period. d. The owner of any dog, not_ registered and vaccinated, found running at large shall upon conviction thereof by guilty of a misdemeanor punishable by a fine as hereinafter provided by this ordinance. e. That it shall hereafter be the duty of the City Health Officer or City Policeman of the City of Cibolo, Texas, to cause all dogs, not licensed and, vaccinated, to be caught and placed in the Pound when found running at large upon the public streets, parks, alleys, public premises, and/or private premises within the corporate limits of the City of Cibolo, Texas . _ � • • i . • f. The Pound Master or City Policeman upon receiving any dog shall make a complete registry entering the breed, color, and sex of such dog and whether registered. If registered, the Pound Master or the City Policeman shall obtain the name and address of the owner and the number of the registration, and every reasonable effort shall be made to notify the owner thereof. SECTION 4. a. If, in the opinion of the City Health Officer, or the City Police- man or his designated representative, a dog or any other animal has rabies or symptons thereof, said dog or any other animal shall be con-F/ J p immediately at the owner's expense in some Veterinary Hospital approved by the City Health Officer of the City of Cibolo, if practical, or if the dog or any other animal cannot be safely taken up and confined, it may be slain by any policeman of the City of Cibolo . b. In addition, any dog or other animal found running at large who appears to be fierce, dangerous, or has vicious propensities, may be taken up and impounded and shall not be released except upon approval of the City Policeman but not before the payment of any penalties prescribed in this ordinance,- provided, however that .if. any dangerous, fierce, or vicious dog or other animal so found at large cannot be safely taken up and impounded, such dog or other animal may be slain by any policeman of the City- of Cibolo, Texas . c . Any dog or other animal that bites, scratches, or otherwise attacks any person or persons within the corporate limits of the City of Cibolo, Texas, shil be confined and held at the owner's expense in any Veterinary Hospital approved by the City Health Officer of the City of Cibolo, Texas, for a period of 10 days, if practical, provided, however that if such dog or other animal cannot be safely taken up and confined, it may be slain by any policeman of the City of Cibolo, Texas. SECTION 5. No owner of any dog and no manager, clerk, owner or operator of any place where food is exposed or offered for sale, served or sold for human consumption shall permit any dog to enter, be or remain within any store, restaurant, cafe, shop, building, structure or place where food is offered or exposed for sale, displayed or handled for human consumption within the corporate limits of the City of Cibolo, Texas. SECTION 6. a. No person shall keep upon any property, under the control of such person, ani[dog or animal of the canine kind which by loud or unusual barking or//howling decreases the peace, quietude, or comfort of the inhabitants of the neighborhood or any part thereof, about such property. b. Each and every person shall prevent each, any and every dog upon premises in the City of Cibolo, Texas controlled or used by such person, from barking for any period of more than three (3) consecutive minutes and from howling and from making any such noises as could reasonably be expected to disturb the peace, rest, quietude, or comfort of any person of ordinary sensibilities within hearing distance of such noises. c . Any person, group of persons or corporation keeping more than three dogs upon any property within the City of Cibolo, Texas, shall provide therefor and keep all such dogs in a building which is so constructed and insulated as to make it impossible for the noises of the dogs therein to be heard by a person having the ordinary sensibility of hearing at a distance of fifty feet away from such structure. l• • a " • „• • i a d. Any person, group of persons, or corporation having more than three dogs on any property and permitting the noise of such dogs to emanate from the place, in which such dogs are kept either temporarily or perma- nently, in such manner as to be heard beyond the boundaries of such property upon which more than three dogs are located, shall upon convic- tion therefor be held to be guilty of a misdemeanor punishable by a fine as hereinafter provided for any violation of this ordinance. e. Each, any and every person who violates any of the foregoing pro- visions of this section and any person who shall harbor or keep on his premises, or in or about his premises, or on premises under his control, any dog or animal of the dog kind, which by loud or unusual barking or howling, causes the peace and quiet of the neighborhood, or the occupants of other premises to be disturbed shall be guilty of a misdemeanor and upon conviction shall be fined as hereinafter provided for a violation of this ordinance, and each and every twenty-four (24) hours that such dog shall remain or be kept on any premises shall constitute a separate offense. SECTION 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding two hundred dollars ($200.00) . SECTION 8. Any Ordinance pertaining to the control of dogs in the City of Cibolo, Texas, and parts of such ordinances in conflict with this ordinance are hereby repealed insofar as they may be inconsistent with this ordinance. SECTION 9. Should any portion, section, or subsection, or any portion thereof of this ordinance be declared void or unenforceable, such ordinance shall not be construed to operate as invalidating any other portion, section, or subsection of this ordinance. SECTION 10. The fact that there are a great number of dogs within the City of Cibolo, Texas, that are running at large upon the streets and going upon the private premises of the citizens of the City cousing great annoyance thereby, creates a public emergency that this amendment be and become effective from and after its passage and compliance with the requisite formalities . DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBDLO, TEXAS on the 18 day of MARCH, 1976. APPROVED: e.)- la(l F. S. SCH HER MAYOR ATTEST: LINDA N. LING CITY SECRETARY