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code>Jerry A. Goodson: /* ORDINANCE NO. 100-2 */

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ORDINANCE NO. 100-2

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Codification Notes:
{| class="wikitable"
|-
| Ord. No.
| Adopted
| Codified
| Status
<onlyinclude>
|-
| [[ Hawk Cove:Ord 100-2 | 100-2 ]]
| Nov 22, 1999
| NONE
| REPEALED and REPLACED by Ord [[ Hawk Cove:Ord 06-110 |06-110]], Jan 13, 2011
|-
</onlyinclude>
|}

=ORDINANCE NO. 100-2=
'''AN ORDINANCE OF CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, CREATING AN ANIMAL CONTROL ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.'''

'''WHEREAS,''' the City Council deems it necessary for the health, safety and welfare of the citizens of Hawk Cove that an ordinance be passed regulating animals within the city limits; and

'''WHEREAS,''' it is the intent of the City Council that this Ordinance be enacted to enhance the quality of life of the residents of Hawk Cove.

'''NOW, THEREFORE, BE IT ORDAINED BY THEЕ CITY СOUNCIL OF THE CITY OF HAWK COVE, TEXAS:'''
==Section 1. Definitions:==
: a. Animal - shall include any living creature including, but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings.
: b. Domesticated Animal - shall include, but is not limited to, dogs, cats, pygmy goats, potbellied pigs, and ferrets.
: c. At Large - shall mean an animal that is not confined to the premises of its owner by a containment device of sufficient strength and/or height to prevent the animal from escaping from said premises, and so arranged that, should the animal be tethered, the animal will remain upon said premises when the leash is stretched to full length in any direction. An animal shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and length to control the action of the animal, or while confined within a vehicle.
: d. Cats - shall mean members of the feline species of all ages, both male and female.
: e. Dogs - shall mean members of the canine species of all ages, both male and female.
: f. Fowl - shall mean chickens, turkeys, pheasant, quail, geese, ducks or similar feathered animals regardless of age, sex or breed.
: g. Livestock - shall mean horses, mules, donkeys, cattle, goats, sheep and swine, regardless of age, sex or breed.
: h. Nuisance - shall mean any thing or animal which is injurious to the health or morals, or indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.
: i. Owner - shall mean any person who has legal or equitable title to any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his/her premises.
: j. Public Nuisance Animal - shall mean any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or humans, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life and property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
:: i. is repeatedly found at large;
:: ii. damages the property of anyone other than its owner;
:: iii. molests or intimidates pedestrians or passersby;
:: iv. chases vehicles;
:: v. excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in proximity to the premises where the animal is kept or harbored;
:: vi. causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in proximity to the premises where the animal is kept or harbored;
:: vii. causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or
:: viii. Attacks other domesticated animals.

==Section 2. Public Nuisances==
: a. Animals Creating Disturbances - No person shall keep or harbor on his premises or elsewhere any animal or fowl of any kind that makes or creates an unreasonable disturbance of the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof, or permit such animal to make or create disturbing noises by howling, barking, crowing, bawling or otherwise.
: b. Animals Emitting Odors - It shall be unlawful for any person to maintain any animal or fowl in such a manner that residents of adjacent or nearby property are subject to obnoxious odors. All persons keeping animals shall keep their premises clean and free from obnoxious odors as well as flies, mosquitoes and other insects.
: c. Animals Trespassing, Attacking or Damaging Property - It shall be unlawful for any person to maintain any animal in any area which constitutes a nuisance by reason of repeated trespasses on public or private property, attacks on other animals, or damage to public or private property.

==Section 3. Dogs Running at Large==
: a. Any person owning, possessing or keeping a dog or dogs within the City, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such dog or dogs within an adequate fence or enclosure, or within a house, garage or other building, or shall keep such dog or dogs confined by leash or chain affixed to the dog's collar and attached to some stationary object, and adequate to prevent the dog or dogs from running at large.
: b. Retractable leashes must be locked at a distance of four feet (4') or less when in the immediate proximity of a passerby either on foot or on a non-motorized vehicle.

==Section 4. Vaccination Required before Registration Tags Issued==
: a. Vaccinations Required - All dogs, cats and ferrets within the City, four (4) months of age or over, shall be registered with the City and vaccinated and the registration fee(s) paid; however, before the registration tags shall be issued, the owner of the dog, cat or ferret must present a certificate from a licensed veterinarian showing that said dog, cat or ferret has been vaccinated within the preceding twelve (12) months by the rabies vaccine "One Injection" method, or by any other method approved by County and State regulations.
: b. Vaccination Certificate Required; Display of Vaccination Tag - Such vaccination certificate shall reflect the name of the owner, the owner's address, a description of the dog, cat or ferret, the date of the vaccination, the number of the vaccination tag and the kind of vaccination used. The veterinarian shall furnish the owner with a metal tag, on one side shall be stamped the words "Vaccinated against rabies" and the date of the vaccination. This tag shall be securely attached to the collar or harness of a dog or cat at all times. Ferrets shall not be required to wear a tag.
: c. Proof of Vaccination for New Residents Moving From Areas Which Do Not Issue Vaccination Tags - Citizens who move from an area which does not issue tags as proof of current vaccination for rabies must provide a certificate of vaccination. Information on the certificate must include the name, address and phone number of the veterinarian or clinic where the vaccination was given, the type of vaccination used, date of vaccination, name, breed, color and description of animal and name, address and phone number of owner.
: d. Registration and Vaccination Tags Not Transferrable - It shall be unlawful for the owner or keeper of any dog or cat to allow said animal to have attached to it in any manner the metal tags issued for another animal.
: e. Revocation/ Termination of Registration Tags - In addition to the standard penalty for violation of any provision of this Ordinance, any violation of this provision shall automatically revoke, void and terminate any registration tag issued to the person or firm so violating the same.

==Section 5.==
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance.

==Section 6.==
Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Five Hundred and No/100 Dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

==Section 7.==
This ordinance shall take effect immediately after its passage.

==CONCLUSION==
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF NOVEMBER 1999.

[[ CATEGORY: HAWK COVE ]] __NOTOC__

Hawk Cove:Ord 100-2 - Revision history

Jgoodson: 1 revision imported

code>Jerry A. Goodson: /* ORDINANCE NO. 100-2 */