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HomeMy Public PortalAboutOrdinance No. 810-97 01-28-1997 ORDINANCE NO. 810-97 AN ORDINANCE REVISING AND RESTATING THE ORDINANCES OF THE CITY OF RICHLAND HILLS, TEBAS CONCERNING ANIMAL CONTROL; REPEALING THE E%ISTING CHAPTER 2 "ANIMAL CONTROL" OF THE RICHLAND HILLS CODE OF ORDINANCES AND REPLACING SAID EBISTING CHAPTER 2 IN ITS ENTIRETY WITH THE FOLLOWING NEW CHAPTER 2; PROVIDING CERTAIN DEFINITIONS; PROVIDING FOR ENFORCEMENT OF ANIMAL CONTROL REGULATIONS; REGULATING ANIMALS RUNNING AT LARGE; REQUIRING VACCINATIONS AND REGISTRATION OF ANIMALS; REGULATING THE NUMBER OF ANIMALS WHICH MAY BE KEPT AT ANY ONE ADDRESS; REGULATING THE CONDITIONS UNDER WHICH ANIMALS ARE KEPT; REGULATING THE REEFING OF GUARD DOGS; PROVIDING REGULATIONS FOR DANGEROUS DOGS; PROVIDING FOR IMPOUNDMENT, RECLAMATION, ADOPTION AND DISPOSITION OF ANIMALS, PROVIDING FOR QUARANTINE AND RABIES CONTROL; PROHIBITING THE REEFING OF CERTAIN DEFINED ANIMALS; REGULATING COMMERCIAL BUSINESSES ASSOCIATED WITH ANIMALS, REGULATING THE REEFING OF LARGE AND SMALL LIVESTOCK AND THE CONDITIONS UNDER WHICH SUCH ANIMALS MAY BE KEPT; PROVIDING REGULATIONS FOR PET CARE; PROVIDING FOR AN ANIMAL CONTROL OFFICER; PROVIDING CERTAIN FEES IN CONNECTION WITH THE ADMINISTRATION OF THE ORDINANCE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN • EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, in the exercise of its police power, has heretofore enacted and enforced ordinances regulating the keeping and control of animals within the corporate limits of the City; and WHEREAS, increases in population density and in the number of animals and pets being kept within the City have given rise to new issues not adequately dealt with under the existing animal control ordinances of the City; and WHEREAS, advances in technology, veterinary science and general knowledge of animals and their proper treatment have caused certain portions of the existing ordinances of the City to be outdated and in need of revision; and WHEREAS, the City Council of the City of Richland Hills, Texas, has heretofore charged the Animal Shelter Advisory Board with studying the pre-existing ordinance requirements in the City and recommending certain changes and revisions to the existing ordinances to bring these requirements up to date; and WHEREAS, the City Council has conducted a joint workshop with the Animal Shelter Advisory Board to discuss these and additional suggested changes; and WHEREAS, the Animal Shelter Advisory Board has made its final ORDINANCE NO. 810-97 PAGE 1 recommendations to the City Council; and WHEREAS, the City Council of the City of Richland Hills, Texas, • after studying the problems and issues raised and the recommendations of the Animal Shelter Advisory Board, finds and determines that the repeal of the existing animal control chapter and the replacement thereof with the following new animal control chapter will be a valid exercise of the police power of the City and will promote the health, safety, and general welfare of the citizens of the City and the animals owned by them. NOW, T$EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEBAS: I. That Chapter 2 "ANIMAL CONTROL" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby repealed in its entirety and replaced with the following new Chapter 2 "ANIMAL CONTROL", which new chapter shall hereafter be and read as follows: • ORDINANCE NO. 810-97 PAGE 2 CHAPTER 2 ANIMAL CONTROL SECTION 1: DEFINITIONS The following words, when used in this chapter, shall mean: (1) Atl].ID~1 shall mean any living creature, including, but not limited to: dogs, cats, cows, horses, birds, fish mammals, reptiles, insects, fowls, and livestock, but specifically excluding human beings. (2) Animal Control shall mean the Animal Control Division of the City of Richland Hills, Texas. (3) Animal Control Officer shall mean any person designated by the Chief of Police and the City Manager to enforce the provisions of this section, and to supervise all aspects of animal control. (4) Animal at large shall mean: (a) off premises of owner shall mean any animal which is not physically and continuously restrained by some person by means of a leash or chain of proper strength and length to prevent the animal from making unsolicited contact with any person or any other animal. • (b) On premises of owner shall mean any animal not completely confined by a building, wall or fence of sufficient height, strength or construction to restrain the animal, or secured to the premises by a chain or leash of sufficient strength to prevent the animal from escaping, and so arranged that the animal will remain upon the premises when the leash is stretched to its full length. (5) ~ommerc~al stable shall mean a facility where a fee is charged to house, pasture, or rent horses or other livestock. (6) Dangerous animal shall mean an animal that: (a) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (b) commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. (7) Fowl shall mean any domesticated bird used as food, including but not limited to, chickens or ducks. ORDINANCE NO. 810-97 PAGE 3 (8) Guard doa shall mean all dogs which are professionally trained and kept solely for the protection of persons and property (residential, commercial or personal). (9) Harborina shall mean the act of keeping and caring for an animal, or of providing a premises to which the animal returns for food, shelter or care for a period of ten days or longer. (10) Livestock shall mean: (a) Large livestock; horses or any member of the horse family, including but not limited to: mules, donkeys, and ponies; and all types of varieties of cattle, bulls, and all members of the cow family. (b) Small livestock; all types of domesticated sheep, goats, ostrich, or emu. (11) Non profit humane organization shall mean a organization that has been granted non profit status under Section 501(c)(3) of the Internal Revenue code, and has a mission promoting the humane treatment of animals. (12) Owner shall mean any person firm or corporation having title to any animal; or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept an animal in their care or on their premises. (13) Remedial requirements where the Municipal Court or the Animal • Control Officer finds against a person that is found to have owned, kept or harbored an animal in violation of this chapter, the Court or Animal Control Officer may place certain remedial requirements upon such person. The remedial requirements may include one or more of the following items: (a) Leash and muzzle. The owner shall not permit the animal to go outside the kennel or pen unless such animal is securely leashed with a leash no longer than four (4) feet in length which is in the physical control of at least one (1) person with sufficient strength and dexterity to control the animal. Such animal may not be leashed to an inanimate object such as a tree, post or building. Additionally, such animal must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals. (b) Confinement outdoors. The animal shall be securely confined in an enclosed and locked pen or kennel, except when on a leash and muzzled or when confined indoors. Such pen or kennel must have secure sides and a secure top attached, or have sides that measure at least eight feet (8') from the ground. The structure must be locked with a key or combination lock if a dangerous animal is within the structure. The structure must have a secure bottom or f loor attached to the sides of the structure or the sides of the structure must be embedded in • the ground no less than two feet (2'). All erected structures must comply with all zoning and building regulations. Such structures must be adequately lighted and ventilated and kept ORDINANCE NO. 810-97 PAGE 4 in a clean and sanitary condition. (c) Relocation of confinement area. The owner may be required to • relocate on their property the confinement area in which the animal is kept so that the animal does not annoy, disturb, or in some other manner offend the neighbors. (d) Confinement indoors. The animal may not be kept on a porch, patio, or in any part of the house or other structure that will allow the animal to exit such building or structure on its own volition. In addition no such animal may be kept in a house or structure when the windows or screen doors are the only obstacle preventing the animal from exiting the structure. (e) Restitution. The Court may require payment of restitution for damages or injury caused by the animal. (f) Training. The Court may require that the person and animal engage in training necessary to eliminate the problem. The Court may designate a specific training program to be followed or utilized. (g) Removal from the City. The Court may require the animal be removed from the City. (h) Prohibit animal ownership. The Court may prohibit the person from acquiring and keeping within the City any other animal for a period of time up to five (5) years. It may also require the person to either sell, give away, or otherwise humanely dispose of the animal at issue in the hearing. (i) Spay or neuter. The Court may require that an animal which is being returned to an owner or which an owner is being allowed to keep within the City be spayed or neutered. (j) Destruction. The Court may order that an animal shall be humanely destroyed. In requiring that remedial requirements be followed, the Court or Animal Control Officer shall also state a time frame within which the owner must comply with the required action. For good cause, the time period to comply may be extended by the Court or Animal Control Officer. (14) secure enclosure shall mean a fenced area or structure that is: (a) locked, (b) capable of preventing entry by the general public, including children, (c) capable of preventing the escape or release of the animal, • (d) clearly marked as containing a dangerous animal, and ORDINANCE NO. 610-97 PAGE 5 (e) in conformance with the requirements for enclosures established in this chapter. (15) Wild animal shall mean: (a} any poisonous or dangerous reptile including but not limited to: poisonous frogs, lizards, or snakes, non-venomous snakes capable of growing over six (6) feet in length, alligators, crocodiles, or any other reptile capable of causing serious injury or death, or raccoons or opossums, or, (b) any other animal that can normally be found in a wild state and not normally capable of being domesticated including but not limited to: skunks, foxes, leopards, panthers, tigers, lions, cougars, bobcats and lynxes. SECTION 2: ENFORCEMENT OF ANIMAL CONTROL REGULATIONS p,, ANTM_AL CONTROL OFFICER OR POLICE OFFICER TO ENFORCE REGULATIONS Enforcement of this chapter shall be the responsibility of the Animal Control Officer or any peace officer. B, ANTM_AL CONTROL OFFICER TO ISSUE CITATIONS FOR VIOLATIONS The animal control officer shall have the authority to issue citations for any violations of this chapter. If the person being cited is not present, the animal control officer may send the citation to the alleged offender by registered or certified mail. C. LJtyTTAWFUL TO INTERFERE WITH ANIMAL CONTROL OFFICER It shall be unlawful for any person to interfere with any Animal Control Officer in the performance of their duties. D. TAMpERTNG WITH VEHICLE, TRAPS, EQUIPMENT OR BUILDING (1) It shall be unlawful for any person, without proper authority, to turn out or release, or cause to be turned out or released, or aid or abet the turning out or releasing of any animal from any impoundment vehicle, trap or facility. (2) It shall be unlawful to remove, damage or otherwise tamper with any traps, equipment or impoundment facility belonging to the City. SECTION 3: ANIMALS AT LARGE It shall be unlawful for any animal to be at large as is defined in Section 1 of this chapter. Any animal confined within an automobile or other vehicle of its owner shall not be deemed at large. SECTION 4: ANIMAL VACCINATION AND REGISTRATION • A. VACCINATION REQUIRED ORDINANCE NO. 810-97 PAGE 6 All dogs and cats over four months of age must be vaccinated annually against rabies with an anti-rabies vaccine approved by the State of Texas and administered by a duly authorized veterinarian. A metal rabies vaccination tag with the year of vaccination, a certificate number, and the name, address and phone number of the vaccinating veterinary clinic, must be securely attached to a collar or harness that must be worn by the animal at all times. In addition to the rabies vaccination tag, a paper certificate must be issued stating the name of the owner, address of the owner, description of the animal, the date of the vaccination, the number of the rabies vaccination tag, the name, address and phone number of the veterinary clinic, and the kind of vaccine used. B. REGISTRATION REQUIRED (1) No owner shall have within the city any dog or cat six months of age or older unless such dog or cat is currently registered with the City. A current registration certificate and a metal registration tag with the month and year of expiration will be issued by the City. The registration tag issued by the City, must be affixed to a collar or harness that must be worn by the animal at all times. No dog or cat shall be registered without proof of current rabies vaccination. (2) Application for initial issuance or renewal of each registration must be made by the owner in writing or in person, and accompanied by the appropriate fee from the fee schedule. If the original current registration tag is lost or destroyed, the owner may obtain a duplicate tag from the City by paying the appropriate fee from the fee schedule. Dogs and cats under the age of one (1) year shall be registered at the sterilized fee. Animals may be exempted from the sterilization or rabies vaccination provisions upon written recommendation from a veterinarian that such alteration or vaccination would be harmful or dangerous to the animal. Fee exempt registration may be issued for the following: (a) Police or sheriff's department dog, and (b) Dogs trained to assist a hearing or visually impaired person. Eligibility for fee exempt registration does not relieve the owner of any responsibility under other provisions of this chapter. (3) Registration certificates shall be renewed annually. The registration shall be valid for a period of one (1) year from the date of the rabies vaccination. C. REGTS'rR_ATTON A1vD/OR VACCINATION CERTIFICATES ONLY VALID FOR A_NINLAL TO WHICH ISSUED Registration and/or vaccination certificates (and tags) shall be • valid for the animal for which it was originally issued. If there is a change of ownership of a registered dog or cat, the new owner shall have the registration transferred to their name. Application ORDINANCE NO. 810-97 PAGE 7 for such transfer shall be made to the City in writing or in person, and accompanied by the appropriate fee from the fee schedule. p ~ C'TTV I~LAy REFUSE OR REVOKE ANIMAL REGISTRATION The City may refuse to register an animal, or revoke a registration issued to any person who has been convicted in a court of competent jurisdiction in the State of Texas, or resides with any person so convicted of any of the following: (1) cruelty to animals as defined in the Texas Penal Code, inhumane treatment, or neglect of an animal, or (2) convicted of four (4) or more separate and distinct violations of a animal control ordinance of a municipality in the State of Texas, within any twelve (12) month period. Any person denied such a registration may appeal the refusal. E. *Jt~BER OF DOGS AND CATS ALLOWED PER ADDRESS No person shall keep or harbor more than three (3) dogs and two (2) cats, or three (3) cats and two (2) dogs on any residential lot or tract in the City. For purposes of this section puppies and kittens under three (3) months of age shall not be counted. Any person, firm or corporation wishing to keep more than the above mentioned number of animals and who does not possess a commercial business permit, may apply for a multi pet permit. The permit, once issued, shall be a defense to the terms of this section. The multi pet permit may be issued provided the applicant meets all provisions of this section and chapter. The permit shall be valid for one year from date of issuance. Upon inspection of the premises, the permit shall be issued if the following conditions are met: (1) the facility must be adequate for the number and type of animals being kept. (a) The facility must be of sufficient size to allow each animal to move about freely. The size of the facility shall be in proportion to the size of the individual animal's height and weight. (b) Adequate food and water must be provided so that all animals being kept shall be maintained in good health and free of malnutrition and/or dehydration. (c) The premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animals health and/or the health of the general public. (2) The animals and facility must be kept free of odor or stench ORDINANCE NO. 810-97 PAGE 8 which is offensive to a person of normal sensibilities; (3) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or adjacent animals; (4) The animals must not cause noise which is offensive or disturbing to a person of normal sensibilities on adjoining, adjacent, or neighboring premises; (5) The applicant or holder of the permit has not been issued citations for violations of this chapter on two (2) or more separate occasions, or animals covered by the permit have not been impounded on two (2) or more separate occasions; and (6) All animals must be licensed and vaccinated and must wear current tags at all times in accordance with Article C; and (7) The payment of the appropriate fee from the fee schedule. Unannounced inspections may be conducted at any time, as frequently as deemed necessary. The multi pet permit may be revoked by the animal control officer if upon investigation it is determined that the permit holder has failed to adhere to any of the above conditions listed in this section. Once the permit has been revoked, the person whose permit has been revoked, may not reapply for a period of one year from the day of revocation. Any person having such permit revoked, may appeal such revocation. SECTION 5: GIIARD DOGS All guard dogs shall be registered as guard dogs with the City. Registration shall expire one year from the date of rabies vaccination. The dog shall be issued a guard dog tag and ID collar, varying in color from the City license tag or the dangerous dog tag, in place of a City license tag. In addition to the other provisions of this chapter, the owner of a guard dog shall: (1) place the registration tag on a ID collar, identifying the dog as a guard dog, which must be worn at all times, (2) place warning signs, bearing letters not less than two (2) inches in height, stating "GUARD DOG ON PREMISES" conspicuously around the premises, (3) the dog shall be kept in a secure enclosure as defined in section 1, except the guard dog sign shall be used in place of the dangerous animal sign; (4) allow inspection by the animal control officer, or any official of the city, to insure compliance with the provisions of this section, • and (5) muzzle the dog at all times the dog is not within the secure ORDINANCE NO. 810-97 PAGE 9 enclosure. (6) Pay the appropriate fee from the fee schedule. Any dog found at large wearing a guard dog collar and tag may be destroyed by any peace officer, or any Animal Control Officer, in the interest of public safety. SECTION 6: IMPOUNDMENT OF ANIMALS p,, ANTM_ALS WHICH MAY BE IMPOUNDED (1) Cats and dogs not exhibiting evidence of being vaccinated or registered, as described in Section 4 of this Chapter. (2) Any animal infected or kept under conditions which could endanger the public or animal health. (3) Any animal that creates a nuisance. (4) Any animal found at large as described in Section 3 of this Chapter. (5) Any animal treated in a manner determined by the animal control officer, or any peace officer to be cruel or inhumane as defined in section 42.09 of the penal code. (6) Any animal that has bitten a human being, or needs to be placed under rabies quarantine, as determined by the animal control officer or any peace officer. (7) Any animal violating any provision of this Chapter. B, f`nNF'TNF.MFNT OF ANTMAL ON PREMISES OF ANOTHER If any of the animals named in this chapter are found on the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until the animal control officer can be notified to come and impound such animal. When so notified, it shall be the duty of an animal control officer to have such animal impounded as herein provided. It shall be unlawful for the owner, or any other person, to remove such animal so confined. C. PRIVATE PROPERTY In the event the animal is on fenced private property, and is in obvious physical distress due to illness, injury or any situation of entanglement or entrapment that threatens the animal's life or well being, and the owner or the owners representative cannot be located, the animal control officer, or any peace officer may enter the property, other than a dwelling, without a warrant, to relieve the animal from the situation or remove the animal for medical . treatment. p. C'TTY TO ESTABLISH AN IMPOUNDMENT FACILITY ORDINANCE NO. 810-97 PAGE 10 The City shall select and establish a place for impounding all animals impounded under any provision of this chapter. • E. ANIMAL CONTROL OFFICER TO NOTIFY OWNER OF IMPOUNDED NI AL Reasonable effort shall be made by an animal control officer to contact the owner of any impounded animal which is wearing a current registration tag; however, final responsibility for location of an impounded animal is that of the owner. F. REDE_MpTION OF IMPOUNDED ANIMALS BY OWNER The owner may resume possession of any impounded animal upon payment of impoundment fees, handling fees, and any veterinarian bills incurred by animal control for the welfare of the animal and upon compliance with vaccination and registration provisions of this code, except as prohibited below: (1) Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction. (2) 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. G. IMPOtTNDMENT FEES ND ANDLING C ARGES (1) Impoundment fees are listed on the fee schedule by classification, the classes are: (a) Class A: Dogs and cats. (b) Class B: Small livestock, such as: goats, sheep, lambs, calves, foals, ostriches, emus and animals of the same approximate size and weight, each animal. (c) Class C Large livestock, such as: cattle, horses, ponies, mules, and animals of the same approximate size and weight, each animal. (d) Class D: Wild animals: For wild animals requiring capture by division personnel. (e) Class E: Other: Any other animal, fowl or reptile, each animal. (f) Class F: Dead animals: removal of a dead animal from private property. (2) Daily handling fees . (a) A daily handling fee shall be charged for every night that an animal is at the animal shelter. Said fee shall ORDINANCE NO. 810-97 PAGE 11 be based upon the class of animal enumerated in paragraph (1) above and is listed on the fee schedule. (b) In addition to the daily handling fees, the owner of an impounded animal will reimburse the City for any special food or equipment, purchased or rented, to provide proper care for the impounded animal. (3) Observation fee for animals in quarantine: (a) The owner of any dog or cat held in quarantine for observation purposes shall pay the quarantine fee from the fee schedule. This is in addition to any impoundment fee. (b) If, however, the victim was unlawfully trespassing on the premises where the animal was being kept, and the animal was in no violation of any part of this chapter, the victim shall be responsible for the quarantine fee. (4) Protective custody Any animal may be placed under protective custody when the owner of the animal has been arrested, hospitalized, is missing or has died and there is no person present, sixteen (16) years of age or older, who will assume the duties of providing food, water, and shelter for such animal. . (a) Any animal placed under protective custody will be held for six (6) days, not counting days the animal shelter is not open. If after the holding period is expired, no arrangements have been made with the owner or the owners agent, or after all reasonable attempts to contact the owner or the owners agent have failed, the animal may be disposed of as described in section H below. (b) Animals held in protective custody will be subject to the daily handling fee plus any impoundment fee or veterinarian expense. H. DISPOSAL OF IMPOUNDED ANIMALS (1) Any animal, except wild animals, not reclaimed by the owner may be humanely euthanized, placed for adoption, or be given to a nonprofit humane organization, after being impounded for ninety-six (96) hours, except that any animal wearing a current registration and/or vaccination tag shall be impounded for six (6) days. Weekends, Holidays or any other day upon which the animal shelter is closed will not be included when calculating the holding periods for impounded animals stated above. • (2) Any impounded wild animal, unless there is a reason to believe it has an owner, may be immediately disposed of as may be ORDINANCE NO. 810-97 PAGE 12 deemed appropriate by an Animal Control Officer. (3) 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. (4) Any litter born in the shelter to an impounded animal may be disposed of at the end of the holding period of the mother. (5) Any impounded animal that appears to the animal control officer and at least one other credible witness, to be suffering from extreme injury or illness may be euthanized immediately (6) An owner who no longer wishes responsibility for an animal, or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by the Animal Control Officer allowing the animal to be immediately disposed of, and pay the appropriate fee from the fee schedule, provided that no warm blooded animal that has bitten a human being shall be disposed of before the expiration of the ten (10) day quarantine period. j , ~nPTTnTI nF 7MP0[JNDED ANTNLAT S (1) any impounded dog or cat not wearing a registration tag may be given up for adoption after ninety-six (96) hours, except those under rabies quarantine. Any impounded dog or cat wearing a registration tag may be placed for adoption on the seventh (7th) day of confinement, excluding days the shelter is not open. (2) An individual may adopt a dog or cat from the City animal shelter under the following conditions: (a) The animal has been classified as adoptable by the Animal Control Officer. (b) The prospective adopter has proper facilities to care for the animal. (c) The prospective adopter obtains all necessary vaccinations and registrations at their expense. (d) The payment of the appropriate fee from the fee schedule, plus cost incurred on item (c) above. The adopter of any dog or cat must have it vaccinated, spayed, or neutered, and obtain a license within thirty (30) days after adoption, or the Animal Control Officer shall have the right of immediate return of the animal to the animal shelter, provided the Animal Control Officer shall allow additional time in the case of dogs or cats less than six (6) months of age. ( 3 ) The Animal Control Officer may refuse to allow a person to adopt a dog or cat of when there is reason to believe: ORDINANCE NO. 810-97 PAGE 13 (a) The person would not be able to obtain a registration certificate under the restrictions of this chapter. (b) The person would not have proper facilities to contain or care for the animal, as required by this chapter. (c) The person wants the dog or cat for the purpose of resale, breeding or purposes other than pet ownership. (d) The person would not be a suitable owner within the sole discretion of the Animal Control Officer. (e) The dog or cat would be a hazard to humans or other animals. SECTION 7: QUARANTINE AND RABIES CONTROL A. ANT~AT CONTROL OFFICER CAN ORDER OUARRANTINE OF NIMALS The Animal Control Officer shall have the authority to order the quarantine of animals responsible for bite incidents, or suspected of having any zoonotic disease considered to be a hazard to the human population, or other animals. All animal bite reports shall be investigated by animal control. The Animal Control Officer shall direct the disposition of any animal suspected of being rabid or having any other zoonotic disease considered to be hazardous to any other animal or human being. B. QUARANTINE OF ANIMALS WHICH HAVE BITTEN • Every animal that bites a human or attacks another animal in an unnatural manner, shall be immediately confined by the owner, who shall promptly notify the Animal Control Officer of the place where such animal is confined and the reason therefor. The owner shall not permit the animal to come in contact with any other person or animal. The owner shall surrender possession of such animal to the Animal Control Officer on demand for supervised quarantine. Supervised quarantine shall be at the animal shelter or a veterinary hospital. The quarantine shall not be for less than ten (10) days, not including the day of the bite. A release from quarantine may be issued if a veterinarian determines that the quarantined animal does not show the clinical signs of rabies. Any veterinary hospital possessing any quarantined animal shall immediately notify the Animal Control Officer if such animal escapes, or becomes or appears to become sick, or dies; and, in case of death of the animal while under quarantine, shall immediately surrender the dead animal to the Animal Control Officer for diagnostic purposes. If the owner of a quarantined animal does not reclaim the animal within four (4) days after the expiration of the quarantine period the animal may be disposed of as described in section six 6 above. C. KILLING OR REMOVING OF ANIMAL SUSPECTED OF RABIES OR PLACED UNDER QUARANTINE FROM CITY UNLAWFUL ORDINANCE NO. __$10-97 PAGE 14 Without permission of the Animal Control Officer, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal, or that is placed • under quarantine, except when it is necessary to kill such animal to protect the life of any person or other animal. • ORDINANCE NO. 810-97 PAGE 15 D. CnRrnCCFC nF DEAD ANIMALS SUSPECTED OF RABIES TO BE SURRENDERED TO UHF A_NTM_AL CONTROL OFFICER • The carcass of any dead animal exposed to rabies, or suspected of having been rabid, shall, upon demand, be surrendered to the Animal Control Officer. E. nT~POSrmTON OF 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 Animal Control Officer or City Health Inspector, giving any information which may be required. For any animal known to have been, or suspected of being, exposed to rabies, the animal shall be handled in one (1) of the following manners: (1) Humane destruction, with notification to, or under supervision of, the Animal Control Officer. (2) If not currently vaccinated, quarantine in a veterinary hospital for at least ninety (90) days immediately following the date of the exposure, or (3) If currently vaccinated, immediate re-vaccination and quarantine for at least forty five (45) days immediately following the date of exposure. • If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, it may be released to the owner prior to or upon the expiration of the quarantine period provided the owner has paid all of the reasonable cost of such quarantine and any veterinarian bills. However if the quarantined animal does show clinical signs of rabies, the animal shall be humanely destroyed and its head or brain submitted to the nearest laboratory, certified by the Texas Department of Health for rabies testing. No wild animals will be placed in quarantine. All wild animals will be humanely destroyed in such a manner that the brain is not mutilated. The brain will then be submitted to a laboratory, certified for rabies diagnosis, in order to be tested. F ~ rnar "L7FUL '1'O FAIL OR REFUSE TO SURRENDER ANIMAL FOR QUARANTINE OR DESTRUCTION No person shall fail or refuse to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefor is made by an Animal Control Officer. SECTION 8: ANIMAL NUISANCES A. NUISANCE ANIMALS ORDINANCE NO. 810-97 PAGE 16 The following shall be considered public nuisances and shall be unlawful: (1) The keeping of any animal, which causes frequent or long continued odor or stench that is offensive to a person of normal sensibilities on adjoining, adjacent, or neighboring premises. (2) The keeping of any animal in such a manner as to endanger the public health; to annoy the 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. (3) Animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person of ordinary sensitivities. (4) The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare. (5) It shall be unlawful for any person to keep or harbor on their premises, or in or about his premises, or premises under their control, any animal, which by loud or unusual vocalizations shall cause the peace or quiet of the neighborhood or the occupants of adjacent premises to be disturbed. (6) It shall be unlawful for any person in control of an animal, to allow such animal to defecate on any private or public property, other than that of the owner, and not immediately remove same. B. REMEDIAL REQUIREMENTS FOR THE OWNER OF A NUISANCE ANIMAL Any of the remedial requirements described in Section 1 of this Chapter may be imposed on any animal found to be in violation of this section. SECTION 9: ANIMALS PROHIBITED AS NOVELTIES A. UNLAWFUL TO SELL, BARTER, OR GIVE AWAY FOWL UNDER THREE (3) WEEKS OLD AND RABBITS UNDER TWO (2) MONTHS OLD It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old; rabbits under two (2) months old. ORDINANCE NO. 810-97 PAGE 17 B. UNL_AWFUT~ TO SELL OR GIVE AWAY COLORED, DYED OR STAINED FOWL OR RABBITS • It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducklings, other fowl, or rabbits, or to possess for the purpose of sale or to be given away any of the above animals which have been so colored. SECTION 10: WILD ANIMALS A. UNLAWFUL TO KEEP OR POSSESS IN THE CITY It shall be unlawful to possess, keep, or have care, custody or control of a wild animal or wildlife within the City. All persons, including commercial animal enterprises, shall be prohibited from selling, giving away, transferring, or importing into the City any wild animal. Any wild animal found at large may be destroyed in the interest of public safety. B. EXCEPTIONS This section shall not apply if: (1) The animal was a medical or scientific research project, or educational program in a primary or secondary school, or college or university, and on the premises of such institution, or being transported by an employee or agent of such institution. • (2) The animal was on the premises of, or being transported by a circus, carnival, zoo, or amusement park: (a) that is licensed under the federal animal welfare act, and that is inspected annually, or (b) that is licensed under chapter 824 of the Texas Health and Safety Code. (3) The animal is an infant or injured and is not capable of surviving on its own, and is on the premises, or under the care of, a licensed veterinarian, or an animal rehabilitation facility licensed by the State of Texas or by the United States of America, or being transported by an employee or agent of such facility. (4) The animal is being transported through the city to a point outside the City, or (5) any animal assisting disabled persons. • ORDINANCE NO. 810-97 PAGE 18 SECTION 11: DANGEROUS DOGS A. DANGEROUS DOGS AT LARGE Any dog wearing a dangerous dog collar and tag found at large may be destroyed by any animal control officer, or any peace officer in the interest of public safety. B. ADDITIONAL REQUIREMENTS FOR DANGEROUS DOGS In addition to other requirements found in this chapter, and Subchapter D, Dangerous Dog, Section 822.042 of the Texas Health and Safety Code, the owner shall: (1) Place on the dog an orange collar of at least one (f)inch in width with the wording "DANGEROUS DOG" printed upon the collar. (2) Muzzle the dog at all times the dog is not in a secure enclosure (3) Any of the remedial requirements described in Section 1 of this chapter may also be imposed. (4) Pay the appropriate fee from the fee schedule. C. REMOVING A DANGEROUS DOG FROM THE CITY . (1) Any person removing a dangerous dog from the City shall notify the Animal Control Officer, or the Police Department. The Animal Control Officer or Police Department representative shall then notify the animal control authority over the area where the dog is being moved. (2) If a person moves a registered dangerous dog into the City the owner of such dog shall notify the Animal Control Officer, or the Police Department, within fourteen (14) days. After presenting prior registration, and verification of registration requirements as described in Section 822.043 of the Texas Health and Safety Code, and verifying compliance with the provisions of this Chapter, and the payment the appropriate fee from the fee schedule, the dog shall be registered with the City and a new tag provided. SECTION 12: REGULATING COMMERCIAL BUSINESSES ASSOCIATED WITH ANIMALS A. PERMIT REQUIRED FOR COMMERCIAL BUSINESS No person shall conduct the commercial business of selling, grooming, breeding, showing, exhibiting or boarding of animals without a valid permit from the Animal Control Officer. B. COMPLIANCE WITH ALL REGULATIONS REQUIRED Every person engaged in the business of buying, selling, grooming, ORDINANCE NO. 810-97 PAGE 19 breeding, showing, exhibiting or boarding of animals must comply with all existing regulations governing said business or show, and shall maintain said animal in compliance with this chapter so as • not to endanger the public or animals health or safety, or create a nuisance. C. RECORDS TO BE KEPT Every person holding a permit hereunder shall maintain accurate records of all transactions involving animals. Such records shall show the date, type of animal, animal registration number, and parties to such transaction. Such records shall be kept for a period of one (1) year and must be made available for inspection upon request by the Animal Control Officer. D. APPLICATION FOR PERMIT Application for permit shall be made to the Animal Control Officer on forms furnished by Animal Control. The application will not be approved until certification has been received from appropriate city officials that the zoning, construction and facility comply with existing ordinances for establishments housing such business. If the permit application is approved by the Animal Control Officer, the Permit shall be issued upon payment of the appropriate fee. The Animal Control Officer shall make any inspections necessary to insure compliance under this section. Animals shall be kept under sanitary conditions so as to not endanger the public or animal health, or create a nuisance. • E. DURATION AND RENEWAL OF PERMIT All permits issued under this section shall be valid for the following twelve (12) months and shall be renewed annually thereafter by proper written application and payment of fee. No permit issued under this section shall be renewed without the approval of the Animal Control Officer. Permits to show or exhibit animals (rodeos, circuses, shows, etc.) shall be valid only for the thirty (30) day period following the issue. No permit shall be transferable. F. PERMIT FEES The permit fees for persons or corporations wishing to hold or operate any type of show or exhibition, grooming establishment, dealership (retail or wholesale distributer), commercial animal related business (not covered by dealer) or commercial stables are listed on the fee schedule. Persons requiring more than one (1) such permit shall be charged one (1) fee for all of the permits. Such fee shall be equal to the amount of the highest individual permit fee which would have been charged if the permits had been separately issued. G. PERMITS TO BE PROMINENTLY DISPLAYED • All businesses described in this section must display the required permits in public view at said business. ORDINANCE NO. 810-97 PAGE 20 H. REVOCATION OF PERMITS The Animal Control Officer may revoke any permit for failure to comply with regulations contained herein. Revocation may be appealed within ten (10) days. I. EXEMPTIONS (1 In cases involving a scientific or educational program, a nonprofit organization, show, exhibition or humane activity, or animals owned by the City, the Animal Control Officer may waive the requirements of this section concerning permits, fees, or conditions within his discretion. (2) Licensed veterinarians and veterinary clinics are exempt from this section. SECTION 13: BEEPING OF LIVESTOCK A. KEEPING OF SWINE PROHIBITED IN CITY It shall be unlawful for any person to keep any swine within the city limits. B. KEEPING OF COWS OR HORSES It shall be unlawful for any person to keep a cow or horse on any premises, the overall area of which is less than one-third (1/3) of an acre for each cow or horse kept, or keep more than can be cared • for under sanitary conditions and not create a public nuisance and, in no event, exceed the permitted number of adults and their foals or calves up to six (6) months of age. The number of cows or horses permitted shall not exceed one adult per one-third (1/3) acre for the first acre, and two (2) adults per acre for each additional acre over two (2) acres of a single tract of land. The persons in lawful possession of the premises, as owner or tenant, may keep thereon cows or horses belonging to others, but limitation to number of cows or horses on the premises and the area and distance requirements of this section shall still apply; and keeping of cows or horses for others shall not be done as a business in violation of the zoning ordinance. C. ENCLOSURE REQUIREMENTS FOR SMALL LIVESTOCK (1) Fencina: Any enclosure, pen, corral, or other restrictive areas for small livestock shall consist of a solid wall stretching from the ground to at least four feet (4') in height, that does not sway or give way when tested by an Animal Control Officer, or shall consist of a fence. Such as fence must have at least sixteen (16) gauge wire arranged in a grid pattern (hogwire) with the maximum size of any grid in the wire being seven and one-half inches (7 1/2") by twelve inches (12"). This wire pattern must stretch continuously from the ground to at least thirty-two inches (32") above the • ground. Above this wire pattern must be stretched tautly at least two (2) strands of at least sixteen (16) gauge wire with one (1) of these strands at least four feet (4') above the ORDINANCE NO. 810-97 PAGE 21 ground. The maximum distance allowed between fence posts shall be fifteen feet (15'). The fence posts must not sway more than six inches (6") when tested by an Animal Control • Officer. Trees may not be used as fence posts. (2) Gates: Gates for such a small livestock enclosure shall be mounted on hinges to a solid wall or fence post and stretch from the ground to at least four feet (4') above the ground. Such a gate must connect with another fence post or solid wall in such a manner that small livestock cannot pass through it, and the gate itself must be constructed so that there is not an opening in it larger than seven and one-half inches (7 1/2") by twelve inches (12"). Such gates must have a latch or chain attached, capable of keeping the gate closed when tested by an Animal Control Officer. Gates must be kept closed except when a human being is passing through a gate. D. ENCLOSURE REQUIREMENTS FOR LARGE LIVESTOCK (1) Fencing: Any enclosure, corral or restrictive area for large livestock shall consist of a solid wall stretching from the ground to at least four feet (4') above the ground, that does not sway or give way when tested by an Animal Control Officer; or shall consist of a fence. Such a fence must have at least sixteen (16) gauge wire stretched tautly between fence posts. Such a fence shall have at least four (4) strands of wire with one (1) strand one foot (1') above the ground and one (1) strand at least four feet (4') above the top and bottom strands. The maximum distance between fence posts shall be • fifteen feet (15'). The fence posts must not sway more than six inches (6") when tested by an Animal Control Officer. Trees may not be used as fence posts. (2) Gates: Gates for large livestock shall be mounted on hinges to a solid wall or fence and stretch from one foot (1') above the ground to at least four feet (4') above the ground. Such a gate must connect with another fence post or solid wall in such a manner that large livestock cannot pass through it, and the gate itself must be constructed so that there is not an opening in it large enough for large livestock to pass through. Such gates must have a latch or chain attached capable of keeping the gate closed when tested by an Animal Control Officer. Gates must be kept closed, except when a human being is actually passing through a gate. E. ENCLOSURE REQUIREMENTS WHEN BOTH SMALL AND LARGE LIVESTOCK ARE KEPT TOGETHER When small and large livestock are kept together the standards for small livestock must be met. F. RESTRICTING CONFINEMENT OF LIVESTOCK NEAR RESIDENCES OR ADJOINING RESIDENTIAL PROPERTY • (1) It shall be unlawful for any person, firm, or corporation to keep on premises under his or its control, within the city limits, any small or large livestock in such a manner that the ORDINANCE NO. 810-97 PAGE 22 livestock will be quartered closer than f fifty feet (50') from any human living quarters, other than the owner or keeper's living quarters. (2) Any pen or enclosure shall be maintained in such a manner as to be not less than five feet (5') from an adjoining residentially zoned property. G. BREEDING OF EQUINES TO BE CONFINED AND CONTROLLED Male equines (horses) capable of breeding will be confined in such a manner that said animal will not be dangerous to human beings, and all breeding will be under the control of the owner or handler. SECTION 14: SANITARY REQIIIREMENTS FOR REEFING OF ANIMALS A. GENERALLY The owner or person in possession of animals shall keep yards, pens, and enclosures in which such animals are confined free of odors offensive to persons of ordinary sensibilities residing in the vicinity. Such pens and enclosures shall be kept clean to prevent the breeding or attracting of flies, mosquitoes, or other noxious insects, and shall not in any manner endanger the public health or safety, or create a public nuisance. B. SANITARY REGULATIONS FOR INITIAL PENS OR ENCLOSURES All persons keeping such animals shall comply with the following . sanitary regulations: (1) Manure and droppings shall be removed from pens, stables, yards, cages and other enclosures at least twice weekly and handled or disposed of in such a manner as to keep the premises free of any nuisance. (2) Mound storage of droppings or manure between such removals shall be permitted only under such conditions as to protect against the breeding of flies and to prevent the migration of fly larvae (maggots) into surrounding soil. (3) The feeding of vegetables, meat scraps, or garbage shall be done only in impervious containers or on an impervious platform. (4) Watering troughs or tanks shall be provided which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, or other insects. (5) No putrescible material shall be allowed to accumulate on the premises, and all such material used to feed which is unconsumed shall be removed and disposed of by burial or other sanitary means. SECTION 15: PET CARE ORDINANCE NO. 810-97 PAGE 23 The following are established as regulations for pet and animal care and not intended to contravene the provisions for animal cruelty as contained in the Texas Penal Code. . A. i_TNLAWFUL NOT TO PROVIDE FOR ADEQUATE AND HUMANE CARE AND SHELTER FOR ANIMALS No owner shall fail to provide his animals with proper nutrition, wind and moisture proof shelter, shade, veterinary care when needed to prevent suffering, and with humane care and treatment. B. ABUSING ANIMALS OR INSTIGATING ANIMAL FIGHTS PROHIBITED No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal; or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. C. ABANDONING ANIMALS PROHIBITED No owner of an animal shall abandon any animal. D. UNLAWFUL TO COSMETICALLY ALTER DOGS UNLESS VETERINARIAN No person shall crop ears, dock tails or remove testicles except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog's health and comfort, and in no event shall any person except a licensed veterinarian perform such an operation. • • ORDINANCE NO. 810-97 PAGE 24 E. VEHICLE OPERATORS TO STOP UPON STRIKING AN ANIMAL, RENDER ASSISTANCE, AND THEN REPORT SUCH INCIDENT • Any person who, as the operator of a motor vehicle, strikes a pet or domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the appropriate local law enforcement agency. F. TETHERED ANIMALS (1) No unattended animal shall be tethered by any means on any public property such as City parks or utility easements, or public access private property such as undeveloped lots or unfenced yards, or any other plot or tract where the public has unrestricted access. (2) Any tethered animal in a restricted access enclosure shall have continuous access to shade and water, and have unrestricted access to a wind and moisture proof shelter. (3) Any tethered animal shall be arranged so that the tethering device cannot become tangled around trees, poles or other obstacles and prevent the access to shade, water and shelter. G. ANIMALS IN MOTOR VEHICLES No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animals health, safety, or • welfare. An Animal Control Officer, or police officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal's health, safety, or welfare is or will be endangered if the owner of the vehicle cannot be located after reasonable attempts. The animal shall be taken to the shelter or to a veterinarian, if the animal is in distress. A written notice bearing the name of the officer removing the animal, a telephone number where the officer can be contacted, and the location where the animal may be claimed by the owner shall be attached to the vehicle. Any person violating this section shall bear the full cost and expense incurred by the City in the care, medical treatment, impoundment cost, and disposal of said animal, including the removal from the vehicle. H. ANIMAL TRAPPING AND POISONING No person shall expose any known poisonous substance, including antifreeze, whether mixed with food or not, so that the same shall be liable to be consumed by any domestic animal or person. This section is not intended to prohibit the proper use of herbicides, insecticides, or rodent control materials. No person shall expose an open trap of a metal jaw type that shall be liable to injure any domestic animal or person, however this shall not preclude use of humane box traps. • SECTION 16: ANIMAL CONTROL OFFICER The position of animal control officer of Richland Hills, Texas, is ORDINANCE NO. 810-97 PAGE 25 hereby continued. Such animal control officer and assistant shall be approved, employed by and assigned to the City of Richland Hills Police Department, and the compensation of such officer shall be determined • from time to time by the City Council. • ORDINANCE NO. 810-97 PAGE 26 RICHLAND HILLS ANIMAL CONTROL FEE SCHEDIILE • 1) REGISTRATION FEES Was a. Dog or cat over one year of age, not sterilized. $ 5.00 $ 3.00 b. Dog or cat under one year of age, or sterilized. $ 3.00 $ 1.00 NEW 2) MIILTI PET PERMIT (New service) $ 10.00 NEW 3) GIIARD DOG REGISTRATION (Permit required, no fee had $ 25.00 previously been set). 4) IMPOIINDMENT FEBB Increased by $5.00 (each fee) a. Class A, dogs and cats, spayed or neutered: First impound in 12 months $ 15.00 Second impound in 12 months $ 25.00 Third impound in 12 months $ 45.00 Fourth impound in 12 months $ 85.00 b. Class A, dogs and cats, not spayed or neutered: First impound in 12 months $ 20.00 Second impound in 12 months $ 35.00 • Third impound in 12 months $ 65.00 Fourth impound in 12 months $125.00 If proof of surgical sterilization is provided within fifteen (15) days of release, the difference in impoundment and other fees between sterilized and unsterilized will be refunded. c. Class B, small livestock. Any small livestock impounded and held by the city of Richland Hills will be subject to the following fee schedule: First impound in 12 months $ 30.00 Second impound in 12 months $ 40.00 Third impound in 12 months $ 50.00 Fourth impound in 12 months $ 60.00 The fee on any small livestock impounded and held by any other state, county, municipal or private entity shall be imposed at the discretion of that entity. ORDINANCE NO. 810-97 PAGE 27 d. Class C, Large livestock. • Any large livestock impounded and held by the city of Richland Hills will be subject to the following fee schedule: First impound in 12 months $ 50.00 Second impound in 12 months $ 60.00 Third impound in 12 months $ 70.00 Fourth impound in 12 months $ 80.00 The fee on any large livestock impounded and held by any other state, county, municipal or private entity shall be imposed at the discretion of that entity. e. Class D, wild animals. Same as class C. If animal already contained. Same as class A. f. Class E, other. Same as class A (sterilized) NEW g. Class F, dead animal removal (NEW SERVICE FOR RESIDENTS' PETS) Under thirty pounds $ 10.00 Over thirty pounds $ 20.00 h. Daily handling fee (per night animal in shelter). • Class A, B & E $ 5.00 Class C&D $ 7.00 i. Observation fee (per night) $ 5.00 NEW j. Animal surrender fee (NEW SERVICE) $ 15.00 k. Adoption fee $ 10.00 NEW 1. Dangerous dog fees Registration $ 50.00 Moving previously registered dog into city $ 25.00 m. Commercial business permit fees Show or exhibition $ 10.00 Grooming $ 10.00 Dealer (retail or wholesale distributer) $ 25.00 Commercial business, not covered by dealer $ 25.00 Commercial stable $ 25.00 ORDINANCE NO. 810-97 PAGE 28 II. Severability Clause. That it is hereby declared to be the intention of the City Council that sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Savings Clause. That the Code of Ordinances, City of Richland Hills, Texas, as amended shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 28th day of January, 1997, by a vote of 4 ayes, 0 nays, and 0 abstentions. . APPROVED: C%--~' C. F. KELLEY, MAYOR ATTEST: C f _ TERRI WI S, CITY S CRETARY APPROVED AS TO FORM AND LEGALITY: r PAUL F. WIENESKI , CI ATTORNEY ORDINANCE N0. 810-97 PAGE 29 • r • ~F.RTTF7CATE FOR ORDINAN~ THE STATE OF TEXAS COUNTY OF TARR.ANT CITY OF RICHLAND HILLS We, the undersigned officers of said City, hereby certify as follows 1. The City Council of said City convened in REGULAR MEETING ON THE 10TH DAY OF DECEMBER, 1996, at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: C. F. Kelley, Mayor Pat Watkins, Mayor Pro-Tem Jim McKnight Horace Hamilton Phil Heinze Larue Wall Terri Willis, City Secretary and all of said persons were present, except the following absentees: • thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF CONTRACTUAL OBLIGATIONS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in . the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City r • Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. That the Mayor of said City has approved and hereby approves the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 10th day of December, 1996. _ cretary ayor ~ • (SEAL ) •