Hawk Cove:Ord 06-110

Codification Notes:

Ord. No.	Adopted	Codified	Status
06-110	Jan 13, 2011	TITLE 10	ACTIVE

REPEALED and REPLACED Ord 100-2, Nov 22, 1999

ORDINANCE NO. 06-110

AN ORDINANCE OF THE CITY COUNCIL OF HAWK COVE, TEXAS, REPLACING ORDINANCE No. 100-2, 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 with 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.

WHEREAS, it has been determined by the City Council that this ordinance be enacted to enhance the quality of life of the residents of Hawk cove.

WHEREAS, it has been determined by the City Council that the feeding of stray animals is detrimental to the health, safety and welfare of the citizens of Hawk Cove as the feeding of strays is adding to the rising population of these animals which are a nuisance to the public.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS:

Section 1. Definitions:

1. Animal - shall include any living creature including, but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl (except chickens), livestock, but specifically excluding human beings.
2. At Large - shall mean an animal that is not confined to the premises of its owner by a containment device for 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 an 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.
3. Cats - shall mean members of the feline species of all ages, both male and female.
4. Dogs - shall mean members of the canine species of all ages, both male and female.
5. Fowl - shall mean turkeys, pheasant, quail, geese, ducks or similar feathered animals, with the exception of chickens, but no roosters, regardless of age, sex or breed.
6. Livestock - shall mean horses, mules, donkeys, cattle, goats, sheep and swine, regardless of age, sex or breed.
7. Nuisance - shall mean anything 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.
8. 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.
9. 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:
   1. Is repeatedly found at large;
   2. Damages the property of anyone other than its owner
   3. Molests or intimidates pedestrians or passerby;
   4. Chases vehicles;
   5. Excessively makes disturbing noises, including, but not limited to continues 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;
   6. 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.
   7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; or
   8. Attacks other domesticated animals.

Section 2. Public Nuisances.

1. Animals creating disturbances - no person shall keep or harbor on his premises or elsewhere any animal or of any kind that makes or crates 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 noise by howling, barking, crowing, bawling or otherwise.
2. 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 obnoxious odors as well as flies, mosquitoes and other insects.
3. 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.
4. A person shall not be allowed more than three (3) dogs per residence at any given time.

Section 3. Dogs Running at Large.

It shall be unlawful for any person who owns, possesses, keeps, or harbors a dog/s to permit such dog/s to run at large.

They shall be kept in a secure enclosure that shall be defined as;

1. A fully enclosed yard with appropriate fencing to secure animal from leaving premises, or
2. A kennel that is a 6 by 12 foot chain link area with a single gate, or
3. A cable run that makes the animal unable to reach at least six (6) feet from street or neighbor's property line.
4. Dog/s must have leather collars if tethered to a chain. Chains around the neck are prohibited.
5. Food and water must be available.

Section 4. Feeding Strays.

The feeding of stray animals is prohibited in the city limits of Hawk Cove, with the exception of feeding for the humane trapping and removal of such stray animal/s.

Section 5. Fowl and Livestock.

1. No fowl or livestock (with the exception of chickens) shall be kept of maintained on any property within the city limits of Hawk Cove.
2. Chickens shall be allowed, but no more than twelve (12) per residence, at any given time. One rooster shall be allowed.
3. There shall be an enclosed area for the chickens to retreat form the cold and heat. No chickens shall be allowed to run at large. An enclosed area constructed with chicken wire not larger than 12x20 feet shall be required.

Section 6. Registration required for all dogs.

1. Registration required - All dogs within the City shall be registered with the City by completing a dog registration form, that is available at City Hall. There is no charge associated with the registration, it is to help the resident and the City to find and return lost animals, and to assure the three dog rule.
2. Registration is not transferable - It shall be prohibited for the owner or keeper of any dog once it leaves the residence, for any reason, to transfer the registration to another dog. New animals must be registered when acquired.
3. Those who have more than three (3) dogs, and were grandfathered because they had them before the three dog amendment may not allow new animals to take their place, as they leave the residence, for any reason.

Section 7. Dog Breeder Fee Levied.

A fee of twenty-five dollars ($25.00) a year, per breed, shall be required for residents who breed their dogs for profit. This fee shall be paid at City Hall on a yearly basis, at which time a receipt will be presented to keep on file for code enforcement proof of payment.

Section 8.

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 9.

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 10.

This ordinance shall take effect immediately after its passage.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF JANUARY 2011.