ORDER NO.29224 CONTRACT FOR RABIES AND ANIMAL CONTROL Came to be heard this the 27`" day of June 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 3-0-0 the proposed Contract for rabies and animal control between the County and the City of Kemille with changes and to authorize the County Judge to communicate the contract offer to the City. (~11 COMMISSIONERS' COURT AGENDA REQUEST ~ ~a~ / PLEASE F17RNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson MEETING DATE: June 27, 2005 OFFICE: Comrissioner, Pct. 4 TIME PREFERRED: SUBJECT: Consider and discuss a contract for rabies and animal control between the County and the City of Kerrville. Documents: l .Options for 2005-2006 2. Animal Control Report 2003-2004 3. Draft Contract 4. Current Contract 5. Kerrville Animal Control Code 6. Kerr County notice to cancel current contract EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4 ESTIMATED LENGTH OF PRESENTATION: IS minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~. i~ ~Yj ` 4:. Jh as Hy '.a RABIES AND ANIMAL CONTROL CONTRACT Option County Cost (M$) I. Continue 60%/40% Split 132 (County/City) 2. Negotiate 40%/60% Split 88 3. No Kerrville Contract 130 Notes: 1. All options are gross costs exclusive of revenues. 2. Option three assumes a staff reduction from 5 to 3 full-time employees. 3. Option three would provide a solution to space limitations. 4. Options I and 2 do not include enforcement of the proposed new KV Animal Code. Costs would increase. yH tr~ N Animal Control Report October 1, 2003-September 30,2004 Cats From City of Kerrville 370 Dogs From City of Kerrville 445 Bites From City of Kerrville 37 Cats From Kerr County 294 Dogs From Kerr County 387 Bites From Kerr County 24 Cats From City of Ingr~un 28 Dogs From City of Ingrazu 50 Bites From City of Ingram 5 Cats Received at Shelter 883 Dogs Received at Shelter 620 Cats From Out of County 43 Dogs From Out of Couuty 37 Total Animal City County Other BitelQuarantines 10 10 Dead Animals 365 56 Wdd Animals 183 254 Injured Animals 61 45 Livestock 2 34 Law Enforcement Assist 33 23 Other Calls 392 282 i1TL 305 211 Citations Lssued 9 32 Adopted Animals 238 (transfers to HSK or other organizations) Reclaimed Animals 372 Euthanized Animals 2085 3223 Registration Tags Issued Bite Prevention Classes Mileage 2524 8 49950 Total Calls City 2212 Total Calls County 1697 Total Calls 3909 w _.. AGREEMENT BETWEEN KERR COUNTY, TEXAS AND CITY OF KERRVILLE, TEXAS REGARDING ANIMAL CONTROL SERVICES WHEREAS, Texas Health and Safety Code Section 826.016 authorizes the governing body of a municipality and the commissioners court of a county to enter into contracts with public entities to carry out the activities required or authorized under Chapter 826 of the Texas Health and Safety Code; and WHEREAS, in order preserve taxpayer funded resources through elimination of duplication, the County and the City in the enforcement of the Rabies Control Act and related city and county regulations promulgated pursuant to the authority of the Rabies Control Act and other State laws, the Commissioners Court of Kerr County, Texas and the City Council of the City of Kerrville, Texas, find it to be in the public interest that the County be responsible for the enforcement of animal control regulations within the City and County; NOW, THEREFORE, in consideration of the recitals set forth above and covenants expressed herein, and in accordance with Texas Health and Safety Section 826.016 and the Interlocal Cooperation Act, the City and County execute an agreement pursuant to Interlocal Cooperation Act (Texas Government Code Section 791.001) whereby the County agrees to operate an animal control facility for the mutual benefit of City and County, and the City and County hereby agree as follows: Purpose: The intent of this agreement is to establish the terms and conditions between City and County whereby County agrees to enforce animal control laws and regulations within City's incorporated limits to the extent County does not already possess exclusive jurisdiction for enforcement, including, but not limited to, enforcement of: a. The Rabies Control Act; b. Article 10-I-3 Animal Regulations of the Code of Ordinances of the City, except The County shall not enforce Section (c) (7), (8), (9) and (10). c. Chapter 822 of the Texas Health and Safety Code, related to dangerous dogs, and other applicable state statutes of animals and animal diseases. 2. Enforcement of Zoning Regulations Excluded: This agreement does not require or authorize the County to enforce any provision of Title 11, Chapter 1 of the Code of Ordinances of the City of Kerrville, Texas ("zoning code") related to the use and development of property within the City's incorporated limits; however, in the event enforcement action taken by the City pursuant to zoning code results in a lawfully issued order that requires the removal of animals from property within the City's incorporated limits, County shall be responsible for taking possession of and removal of such animals _ pursuant to this Agreement if such action is otherwise legally authorized. . _ 3. Initial Term: The initial term of this Agreement shall begin October 1, 2005 and end September 30, 2006, subject to earlier termination as provided herein. 4. Annual Extensions: This agreement shall be automatically renewed, without action by any party hereto, for successive periods of one yeaz each, commencing on October 1, 2006, and each year thereafter, unless notice of cancellation is given by either party in writing to the other party not later than ninety days prior to the commencement of the next renewal term. 5. Service: County agrees to provide the following services: a. Staff: County agrees to provide; i. Not fewer than two full-time animal control officers who, as a part of their regular duties, will conduct regular patrols within the city limits during weekday business hours, holidays excluded; ii. Emergency call-out during all times other than weekday business hours; iii. Call response to City and County residents' complaints within a reasonable time period. "` a. Facility: County shall furnish a Facility sufficient to meet State of Texas requirements and provide the services stated herein. b. Operation: County shall operate and maintain the Facility in compliance with State statutes, rules and regulations. Such operation shall include: 1. The Facility shall be open to the public for the delivery of animals five(5) days per week during normal business hours. 2. The Facility operator shall be on call outside of business hours in order to take emergency cases, and if necessary open the Facility to the public for such cases. 3. County shall provide routine daily care of animals at the Facility including weekends and holidays. 4. County shall provide adequate segregated quarters at the Facility for the quazantining of animals in bite cases and other emergency cases, as provided by State law and City and County ordinances. 5. County shall render euthanasia services pursuant to State law ,and City and County ordinances, and such that the Facility will be operated in an uncrowded _. manner. County will dispose of euthanized animals pursuant to State statutes. __ 6. County will accept for holding at the Facility stray dogs and cats from the public and from City and County animal control officers. 7. County will manage the reclamation of animals by their owners and the adoption of unclaimed animals by the public. c. Facility Fees: Fees charged those persons registering, reclaiming, or adopting an animal shall be determined pursuant and subject to the budget approval process provided by State statute. 6. Consideration to County: City agrees to pay County for the services described herein as follows: a. The initial term of the agreement begins October 1, 2005 and ends September 30, 2006. City agrees to pay County , in advance, on the first day of each month, commencing October 1, 2005, the amount of 7. Budget Approval and Disapproval: a. On or before July 1 of each yeaz, County shall provide City a proposed budget for providing animal control services for the County's next fiscal year. City shall approve or disapprove the budget proposed by County on or before September 1 of that same year. b. If City approves the budget by September 1, or fails to take any action on the budget presented by County, the monthly payments due for said fiscal year from City shall be based on said budget. c. If City disapproves the budget presented by County for the next fiscal year, City shall pay County during ensuing fiscal yeaz the monthly amount in agreement for the then current fiscal yeaz. Upon City's disapproval of said budget, County shall have the option to either: i. Pay the balance of the animal control services costs as budgeted; or ii. Terminate this Agreement by providing written notice to City wherein said termination shall become effective ninety(90) days after delivery of notice to City. Such termination shall be without penalty or expense to City of any kind; provided, however, City shall continue to pay County the monthly amount required by this agreement during the ninety(90) day period. d. Payments by City hereunder shall be made only out of current revenues pursuant to the Interlocal Cooperation Act. ._ 8. City Animal Control Revenues: During the terms of this Agreement and any extension thereof: a. County shall be responsible for issuing and collecting for animal licenses for those animals whose owners reside within the City limits and shall retain the revenue derived therefrom. b. County animal control officers shall file all Class "C" misdemeanors related to violation of animal control regulations, as defined in section 1(c) of this agreement, that occur within the City limits of Kerrville, in the City of Kerrville Municipal Court, but only if the case is: i. One over which exclusive jurisdiction does not lie with the County; and ii. Would have been filed in Municipal Court had City and County not entered this agreement. c. County shall maintain confidentiality of certain information in dog and cat registry pursuant to Texas Health and Safety Code chapter 826. 9. Appointment of Local Rabies Control Authority: During the term of this agreement, City agrees that the person appointed by the County to serve as the Local Rabies Control Authority shall be the local rabies control authority for the City of Kerrville for purposes of the Rabies "' Control Act. City shall have the right to terminate this agreement upon providing 180 days written notice to County if City does not concur in the appointment of the person County selects as the local rabies control authority. 10. Default: a. In the event of default by County in the performance of its obligations hereunder, and County fails to cure such default within thirty(30) days after receipt of written notice from City, City, at its option, and without prejudice to any other remedy City may have for County's breach of this Agreement, may terminate this Agreement not earlier than thirty(30) days after delivering written notice of termination to County. b. In the event that City fails to make the monthly payments required hereunder and such failure is not cured within thirty(30) days after receiving written notice from County, County, at its option, and without prejudice to any other remedy County may have for City's breach of this Agreement, may terminate this Agreement not earlier than thirty(30) days after delivering written notice of termination to City. 11. Independent Operations: In the performance of its obligations hereunder, County has the exclusive right to supervise, manage, control, and direct its employees in the performance of the services hereunder. City shall look to County for results only and shall not have the ,_. right to direct the County or any of its officers or employees in the performance of such services or as to the manner, means, or methods in which the services are performed except as herein expressly provided. 12. No Assignment: This contract shall be binding upon parties hereto: provided, however, that neither the City nor the County shall assign, sublet, or transfer their interest in this contract without the prior written consent of the other. 13. Applicable Law: This contract has been made in and shall be construed in accordance with the laws of the State of Texas. Venue shall be in Kerr County, Texas. 14. Notice: Notice to City provided herein shall be sufficient if sent by first class mail, postage prepaid to : City Manager's Office City of Kerrville 800 Junction Highway Kerrville, Texas 78028 and notices to County, if sent by first class mail, postage prepaid addressed to: County Judge Kerr county Courthouse 700 Main Street Kerrville, Texas 78028 or to such other addresses as the parties may designate to each other in writing. 15. This agreement is subject to the Texas Public Information Act. SIGNED and AGREED on the dates indicated by the parties below. CITY OF KERRVILLE, TEXAS By Mayor Date: ATTEST: COUNTY OF KERB, TEXAS By County Judge Date: ATTEST: City Clerk County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Attorney AGREEMENT BETWEEN CITY OF KERRVILLE, TEXAS AND KERB COUNTY, TEXAS REGARDING PROVISION OF ANIMAL CONTROL SERVICES THIS INTERLOCAL AGREEMENT is made and entered into on this the _/,~ day of r o_~; `, 1998, by and between the City of Kerrville, Texas, ("City"), and the County of Kerr, Texas, ("County"): RECITALS: WHEREAS, Texas Health and Safety Code §826.016 authorizes the governing body of a municipality and the commissioners court of a county to enter into contracts with public entities to carry out the activities required or authorized under Chapter 826 of the Texas Health and Safety Code (also known as the "Rabies Control Act"); and WHEREAS, in order to eliminate the duplication of effort and taxpayer funded resources by the City and County in the enforcement of the Rabies Control Act and related city and county regulations promulgated pursuant to the authority of the Rabies Control Act and other state laws, the City Council of the City of Kemille, Texas, and the Commissioners Court of the County of Ken, Texas, find it to be in the public interest to agree that either City or County be responsible for the enforcement of animal control regulations within the City and County; "' WHEREAS, on March 27, 1995, the City and County executed an agreement pursuant to the Interlocal Cooperation Act (Tex. Govt. Code §§791.001, et.seq.) whereby County agreed to construct and operate an animal control facility for the mutual benefit of the County and City in exchange for land and other consideration from the City ("the Animal Shelter Contract"); and WHEREAS, because the County is already by agreement operating the animal control facility as described above, City and County agree it would be more practical and efficient to have all other facets of animal control be performed by the County; NOW, THEREFORE, in consideration of the recitals set forth above and the covenants expressed herein, and in accordance with Texas Health and Safety Code §826.016 and the Interlocal Cooperation Act (Tex. Govt. Code §§791.001, et.seq.), City and County hereby agree as follows: Purpose: The intent of this Agreement is to establish the terms and conditions between City and County whereby County agrees to enforce animal control laws and regulations within City's incorporated limits to the extent County does not already possess exclusive jurisdiction for enforcement, including, but not limited to, enforcement o£ a. the Rabies Control Act, as amended; b. Art. 10-I-3 of the Code of Ordinances of the City of Kerrville, Texas, as amended; c. Chapter 822 of the Texas Health and Safety Code, related to dangerous dogs; F~eo~Dayof~"'F AD.15 uoTiME_ 80.UE G. MEEKER Clerk County Co(u~rt, Kerr County, Texas BY~ Lx~ l l ~'~ DePuIY ,~ d. other applicable state and local regulations of animals and animal diseases. 2. Enforcement of Zoning Regulations Excluded: This agreement does not require or authorize the County to enforce any provision of Title 11, Chapter I of the Code of Ordinances of the City of Kerrville, Texas ("the Zoning Code"), related to the use and development of property within the City's incorporated limits; however, in the event enforcement action taken by the City pursuant to the Zoning Code results in a lawfully issued order which requires the removal of animals from property within the City's incorporated limits, County shall be responsible for taking possession of and removal of such animals pursuant to this Agreement if such action is otherwise legally authorized. 3. Initial Term: The initial term of this Agreement shall begin October 1, 1998, and end September 30, 2005, subject to eazlier termination as provided herein. 4. Annual Extensions: This Agreement shall be automatically renewed, without action by any party hereto, for successive periods of one yeaz each, commencing October 1, 2005, unless notice of cancellation is given by either party in writing to the other party not later than ninety days prior to the commencement of the next renewal term. 5. Level of Service: County agrees to provide the same level of animal control services and enforcement within the City limits as is currently being provided by City personnel at the commencement of this Agreement, which shall include, but not be limited to: a. not fewer than two full-time animal control officers who, as part of their normal duties in providing animal control services within Ken• County, will conduct regulaz patrols within the City limts during weekday business hours (excluding holidays); b. emergency call-out during all times other than weekday business hours; c. pick up of dead animals; and d. call response to City resident complaints within a reasonable time. 6. Transfer of Property: City agrees to transfer title to County, and County agrees to accept title from City, the personal property described in Exhibit "A", attached hereto and incorporated herein by reference. City and County agree that the value of the property described in Exhibit "A" at the commencement of this Agreement is $21,000.00. CrfY OF I{ERRYU.LELICERROOUNTY AGREEMENT FDB ANI1t7AL CONTROL SERYIGES..- PAGE2_ 7. Payment to County: City agrees to pay County for the services described herein as follows: a. For the period beginning October 1, 1998, and ending September 30, 1999, City agrees to pay to County, in advance on the first day of each month commencing October 1, 1998, the amount of $1,876.00. b. For each twelve month period beginning on each October 1 during the initial term of this Agreement after September 30, 1999, City agrees to pay County in advance on the first day of each month, an amount calculated as follows: FORTY PERCENT (40%) of County's Operating Costs for providing animal control services as reflected on the budget approved by the City Council; divided by ii. 12, less iii. $250.00. c. For purposes of this section, the term "Operating Costs" is defined as the projected costs of providing animal control services in Kerr County as set forth in County's annual budget, less: "" i. Operating Costs attributed to operating County's animal shelter as set forth in the Animal Shelter Contract; and ii. any amounts contained in County's budget for debt service, capital expenditures, equipment purchases, and overtime; and iii. projected revenue to be received during the County's fiscal year from other public or private entities for providing animal control services, including, but not limited to, the City of Ingram and the City of Center Point; and iv. projected revenues to be generated through payment of animal license fees, whether collected for animal licensed inside or outside City's incorporated limits. d. Not later than 90 days after the end of County's fiscal yeaz, County shall provide to City a final statement of operation costs and revenue for providing animal control services for such fiscal year. City's monthly payments for the remainder of the then current fiscal yeaz shall be increased or reduced to take into account any vaziations between the prior yeaz fiscal budget and actual expenditures. ~" CTrY QF.KEBRYILLE(KERR COUNTY Af,BEEMENT FDH ANIMAL CDNTBOL SERYICES. -PAGE $ _ 8. Budget ApproYal and 1?isapproval: a. On or before July 1 of each yeaz, County shall present to City a proposed budget for providing animal control services for the County's next fiscal year. City must approve or disapprove the budget proposed by County before September 1 of that year. b. If City approves or fails to take any action on the budget presented by County, the monthly payments due for said fiscal yeaz from City shall be based on said budget. c. If City disapproves the budget presented by County for the subsequent fiscal yeaz, City shall pay during the ensuing fiscal yeaz the monthly amount in effect for the then current fiscal yeaz. County shall have the option to either: i. pay the balance of the animal control services operation costs as budgeted; or ii. terminate this Agreement by providing written notice to City not later than 60 days following City's disapproval of the budget presented, which termination shall become effective 180 days after delivery of the notice to City. ~' Such termination shall be without penalty or expense to City of any kind; provided, however, City shall continue to pay County the monthly amount required by this Agreement during the 180 period. d. In the event of termination pursuant to Paragraph 8.c.ii., above, and if said termination is prior to the end of the initial term of this Agreement, County agrees to pay to City an amount equal to $250.00 times the number of months remaining on the initial term of the Agreement not later than the date of termination. e. City agrees to reimburse County for overtime, including County's costs for related employee benefits, paid to County employees for call-outs outside normal working hours to deal with dangerous animal cases, pick up of dead animals, and taking possession of animals owned by or in the possession of people arrested by the Kerrville Police Department. City shall be obligated to reimburse County for such off-hour call-outs only i£ i. the call-out is first authorized by the Kerrville Police Department; or ii. immediate response to the call-out, regardless of authorization from the Kerrville Police Department, is reasonably believed to be necessary to reduce ~~' CITY OF KERRYILLE/KERR.000NTY AGREEMENT FOA ANIMAL_CONTROL SERYLCES_-PAGE 4. or avoid imminent death or injury to a person or imminent damage to real or personal property. f. Payments by City hereunder shall be made only out of current revenues as required by the Interlocal Cooperation Act. 9. City Animal Control Revenues: During the term of this Agreement and any extension thereof: a. County shall be responsible for issuing and collect for animal licenses for those animals whose owners reside within the City limits and shall retain the revenue derived therefrom, notwithstanding the provisions of Article IV, Section 4 of the Animal Shelter Contract b. County animal control officers shall file all Class "C" misdemeanors related to violation of animal control regulations which occur within the City limits in the City of Kerrville Municipal Court, but only if the case is: i. one over which exclusive jurisdiction does not lie with the County; and ii. would have been filed in Municipal Court had City and County not entered this Agreement. 10. Appointment of LQCaI Rabies ControlAuthocity: During the term of this Agreement, City agrees that the person appointed by the County to serve as the Local Rabies Control Authority shall be the local rabies control authority for the City of Kerrville for purposes of the Rabies Control Act. City shall have the right to terminate this Agreement upon providing 180 days written notice to County if City does not concur in the appointment of the person County selects as the local rabies control authority. 11. Default: a. In the event of default by County in the performance of its obligations hereunder, and County fails to cure such default within thirty (30) days after receipt of written notice from City, City, at its option, and without prejudice to any other remedy City may have for County's breach of this Agreement, may terminate this Agreement not eazlier than thirty (30) days after delivering written notice of termination to County. b. In the event that City fails to make the monthly payments required hereunder and such failure is not cured within 30 days after receiving written notice from County, County, at its option, and without prejudice to any other remedy County may have CITY OF KERBYILLE(IiERR COUNTY.ACBEEMENT FOR ANIMAL, CONTROI..SERYICES. -PAGE S for City's breach of this Agreement, may terminate this Agreement not earlier than thirty (30) days after delivering written notice of termination to City. 12. Independent Contractor: In the performance of its obligations hereunder, County is an independent contractor with the exclusive right to supervise, manage, control, and direct its employees in the performance of the services hereunder City shall look to County for results only and shall not have the right to direct the County or any of its officers or employees in the performance of such services or as to the manner, means, or methods in which the services are performed except as herein expressly provided. 13. No Assignment: This contract shall be binding upon the parties hereto; provided, however, that neither the City nor the County shall assign, sublet, or transfer their interest in this contract without the prior written consent of the other. 14. Applicable Laws Verute: This contract has been made in and shall be construed in accordance with the laws of the State of Texas. Venue shall be in Kerr County, Texas. I5. Notice: Notice to City provided herein shall be sufficient if sent by first class mail, postage prepaid to: City Manager's Office 800 Junction Highway Kemille, Texas 78028 and notices to County, if sent by first class mail, postage prepaid addressed to: County Judge Kerr County Courthouse 700 Main Street Kenville, Texas 78028 or to such other addresses as the parties may designate to each other in writing. SIGNED AND AGREED on the dates indicated by the parties below. CITY OF KERRVILLE, TEXAS By_ Ben x~ Low, Mayor i.~.. i 3 is~9 COUNTY OF KERB, TEXAS By UI,t~U ~''li-~--~ Ro rt A. D s ,County Judge CITY OF KERRVILLFJKERR COUNTY AGREEMENT EOR.ANIMAL CONTROL SERVICES -.PAGE_6_. ATTEST: ,~~~ ~~~~ Sheila L. Brand, City Clerk APPROVED AS TO FORM: ~~ Kevin B. Laughlin, Ci Attorney \\Kevin~dlWPoocs\PoliaUnimal Control - Km Co. xyA ATTEST: 9 ~z ~~~~ County Clerk APPROVED AS TO FORM: CITY OF KERRYILLE[KERR COUNTY AGREEMENT FOR ANIMAL.CONTROL SERVICES r PAGE 7 Hy 9 iar-3 KERRVII.LE CODE Art. 10-I~. Animal regulations! Sec (aJ Generally. lo-I.3 (1) Definitions a. Animal Any Iive vertebrate creature, domestic or wild, other than Homo sapiens. - b. Baby chickens Any chicken weighing two and one-half (2'h) pounds or less. c. City animal shelter A place_bperated by or for the city whether city facilities-or by contract, for the detention of dogs~and other animals as prescribed by law. - -. d. Food service -establishment: Any place where food is pre- pared arid' intended for individual portion service, and in- cludes the site at which individual portions. are provided. The term includes aiiy such place regardless of whether oaa2 is a~n ar off flue prexaises and regardless of whether there is a charge for the food. The term .does Trot include -~~- '~"` ; p~"~`at~~omes wfiere~food -is_ prepaied or served fo'r indi- vidual family cocisumption, the location of 'vending ma- chines, and supply vehicles: e. Fowt Any live bird. f. Frwer rabbit Any rabbit weighing four (4) pounds or less. and prior to the time it reaches breedusg age. g. Grown chickens Any dlickea weighing more than two and one-half t2ti4) pounds. 'Editor's note-~Osdinance No. 87-I5, adopted April 28. 198i, apecificaliy re- peated forca~ art. 10-I.3. Ibg and Animal Regnlatio~ss.' and exacted a new art. 10.1-3 to read as set out herein. The repe$led artide dived from Bk. of Ord., Ch. 15, pgs. 47, 48, §§ T-V; Bk. 4a, p~ IOB, §§ 3, 5.7, adopted May 15. 1916; Blc. 9, pg. 109, 4§ 1, 2 adopted June 23,1930; Bk. 12, pg. 221, §§ I-IV, adopted Jan. l?, 194rT, Bk 11. p. 499, §§ 1-3, adopted Apn'I 6,1944; Bk. 13, pgs. 244.245. §§ 1-6, adopted Oct. 4. 1949; Hic. 14. p. 141, 1§ I-N, adopted Feb. 11, 1954; and the foiiowing ordinancex Ord. No. Section Date -Ord. No. Section Date 63.6 3-21-63 82-16 1 6-2382 68-1 Z 3- 5.68 8303 3. 8-83 70-9 1-3 8-I2-70 84-46 9-11-84 ?9-7 1, 2 4-20.79 _t Rev.ll-22-88 ll.c,E., .. 14I-3 POLICE REGULATIONS 10.1-3 h. Grorun rabbit Any rabbit weighing more than four f4) pounds, or any rabbit of breeding age. i. Impound To take into custody or to place in the city ani- mal shelter. j. Kennel Any place where more than four t~) dogs or- more than four (4) cats, are kept or any combination of cats and dogs where the total exceeds four (~) animals over the age of four (4) months, and where such animals are raised, trained, boarded, harbored. or kept. . k. Livestock Horses, mules, donkeys, asses. battle. goats. sheep and swine. 1. Owner. Owner shall include those persons who are respon- sible for aay animal, have custody of an animal, or who have apparent responsibility or custody. m. Prohibited animal Any animal not normally born and raised in captivity including, but not limited to, the following: 1. Class reptilia. Family Helodermatidea (venomous liz- ards); family Boidoe !boas. pythons, anarnnda): family Hydrophiidae (marine snakes); family Viperidae (rat- tlesnakes, Pit vipers, true vipers); family Elapidae (coral snakes, cobras, and mamhasr order Crocodilia (croco- diles and alligators). 2. Class aver Order Falconiforms fha~vks, eagles, vul- tures) and subdivision Rapitae (ostriches, rheas, cas- - sowaries aad emus): order tsalliformes (peacocks). 3. Class mammalia. Order Carnivore, family Felidae (e-c- cept cater family Canidae (wolves, dingos, coyotes, and jackals) except dogs; the family ~1+tustelidae (weasels, skunks, martins, mink, badgers); family Procyonidae (racooonP family Ursidae (besrsr and order 3Rarsupialia (opossums and kangaroosk order Chiroptera (betel; order Edentate (armadillos and anteaters); order Proboscides (elephantsY. order Primate (monkeys, chimpanzees and gorillas}; order Rodentia (porcupinesr and order Ungulate (antelope,,deer, bison and camels). _ 4- Class amphibicL Poisonous frogs. i ' "Prohibited" does not include livestock, fowl, poultry, or normal household pets, such as psittacine bird, canan•, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish. or small, nonpoisonous reptiles. n. Pablic nuisance. Any animallfo~vl which: 1. Is vicious; 2. Trespasses on school grounds; 3. Is repeatedly at large (third offense>; 4. Damages private or public property; br 5. Makes annoying noises in an excessive, continuous, or unreasonable fashion, or at unreasonable hours. o. Restraint An}• animal securely caged or secured by a leash or lead and under the effective control of a responsible person and obedient to that person's commands, or kept within the confines of its owners home or yard which is fully enclosed by a secure and substantial fence. p. Sanitary Any condition of good order and cleanliness which precludes the possibility of disease transmission. q, Vaccination certificate The certificate issued by a licensed veterinarian of a form approved by the Texas Board of Health for presentation to the animal control department as a condition precedent for registration of dogs and cats. and as a proof of rabies vaccination. r. Wild animals Any mammal except the common domestic species, (dogs, cats, horses, cattle, swine, sheep, goats) re- gardless of state or duration of captivity. f2) Violation procedures a. Issuance of notice of animal ordinance violation. When an animal is found in violation of a provision of this article and its ownership is known to the agent of the animal control department, such animal need not be impounded by the agent. The agent may, if the owner agrees to sign a notice, issue a notice which shall require the person to appear in court within ten (1 W days to answer a charge of a violation of this article. Re~•. 11-22-88 115$ 43 I{ERRVII,I,E CODE 10-I.3 Sec (b) Aninusl and Rabies Control ~ (1) Dog and cat registration. a. Required It shall be unlawful for any person to own, keep, harbor ar have custody or control of any dog or cat over four (4) months of age within the city without first regis- tering each dog or cat as herein provided. b. Registration fee A registration fee of four dollars ($4.00) ' be paid to local veterinarians at the time of rabies . vaccination and upon procuring a rabies- vaccination cer- tificate ar to the city health department .after showing proof of rabies vaccination. C'Proof 'shall mean either (1) presentation of a metal vaccination tag issued by a licensed veterinarian showing that such vaccination is iurr-gent and can be verified as belonging to the specific animal wearing .the tag, or (2) presentation of a current rabies vaccination certificate issued by a licensed veterinarian.) This fee shall be apportioned as follows: Three dollars ($3.00) to be paid to city treasurer. One dollar ($1.00) to be paid to issuing veterinarian. QToted exception: During annual rabies vaccination drives, all pets may be registered for a reduced fee of one dollar ($1.00). Any registration fees collected during this period will be uaid to the city.) The fees and charges set forth and/or established herein maybe chaaged and amended, from time to time, by reso- lution of the city canncil. c. When to_ register. Registration of the animal must be made within thirty (30) days after moving to the city or after obtaining a dog ar cat over four (4) months of age, except that this requirement will not apply to a nonresident indi- vidual keeping a dog ar cat within the city for no longer than sixty ((i0) days. d. Reoordx The animal control supervisor shall cause . to be _ maintained a current record disclosing rabies tag numbers Ae.. 7.11.07 taI.3 POLICE REGt7LATION3 tat '. b. Signing of notice Signing of notice shall only be a promise to appear and is not an admission of guilt. c. Unlawful to give false name or address. It shatI be unlaw- ful for any person upon beiag issued any notice to give the animal control employee a false name or address. d. Unlawful to fail to appear in municipal court: It shall be unlawful to fail to appear in municipal court on the date designated. . e. Ifnown owner. When an animal is found in violation of a provision of this article and its ownership is known to the agents of the animal ~ control department, and the owner cannot be located or refuses to sign a notice, the agent may impound the animal or file a complaint against the owner in municipal court. f. Unknown owner. When an animal is Found in violation of a provision of this article and its ownership is not known to the agent of the animal control department, such animal shall be ibnpourrded. g. Interference with department No person shall interfere with, hinder, or molest any agent.of the animal control depart- ment in the performance of any duty of the agent, or seek the unlawful release of any animal is the custody of the animal control department or its agent. h. Exemption. Hospitals, clinics, and other premises operated by licensed veterinariaas for the care and treatment of animals are exempt from the parovisions of this article, except as otherwise stated. i. Penaltiex Any person, ftrm or corporation violating any provision of this article except section (d) shall be guilty of an offense and, upon conviction thereof, shall be fined not more than two thousand dollars ($2,000.00) for each of- fense. Any person, firm or corporation violating any provi- sion of section (d) of this article shall be guilty of an offense and, upon conviction thereof, shall be fined aot more than five hundred dollars ($500.00) for each offense_ Further, a separate offense shall be deemed rnmmitted on each day during or on which a violation occurs or continues. 10-I-3 e. POLICE REGULATIONS ~al.~ `;. of dogs and cats registered, and the names and addresses of persons to whom the registrations are issued. Term. The registration shall be valid on a concurrent term with the rabies vacxination. lo-L3 POLICE REGULATIONS lo-I-3 f. Fee exemption. No registration fee shall be charged for any dog actually used by a blind or deaf person to aid such person in going from place to place. (2) Rabies vaccination. - a. No person shall own, keep or harbor a dog or cab over the age of four (4) months within the city limits unless the dog or cat has been vaccinated by a licensed veterinarian with an anti-rabies vaccine. Such animal shall be vaccinated periodically at one-year intervals from the date-of vaccination. b. Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certifi- cate from the veterinarian administering the raccine. c. e1 veterinarian who vaccinates a dog or cat as required herein shall furnish the owner thereof with a metal tag - bearing a number corresponding to the number placed on the certificate. -- d. This i:ag shall be attached to the collar of the dog or cat for which it is issued, and shall be .worn at all times in a conspicuous place on the collar. e. Nontransferable. No person may use a rabies tag for any animal other than the animal for which it vas issued_ f. eel veterinarian who vaccinates and registers a dog or cat, kept within the city limits, against rabies shall provide a copy of the vaccination certificate to the animal control section within thirty (30) working days after administer- . ing the vaccination. - - (3) Reports of bites/scratches i~Iicted by animals. It shall be the duty of every physician or other practitioner to report to the animal control department the names and addresses of persons treated or bites or scratches inflicted by animals, together with such information as will be helpful in rabies control. (4) Quarasctine regulat:on~ a. Period of quarantine Upon being advised that an animal has bitten or scratched a person. the animal control of$cer Rev. 11-22-88 shall quarantine the animal so identified far a period of ten (10) days. b. Quarantine locatiorcx Quarantine shall be at the foUawing: 1. ~ Animal shelter. ~' - 2. A licensed veterinarian hospital at the expense of the owner. upon the owner's request; 3. Home quarantine. Home quarantine is permisstble when the owner and the animal control ~cer and the vic- tim agree in writing that home quarantiae is war- ranted and the following requirements are satisfied: (a) The owner of the animal is a resident of the city and agrees to keep the animal under restraint and effectively isolated at his residence in the cit} ; (b) The animal eras properly restrained tat the time the bite occurred; . (c) The animal was properly protected by rabies vac- cination within the past twelve l12) months; and (d) The animal is in conformity with this statute and applicable state laws. - Animals of unknown o~rnerrhip will be quarantined at the animal shelter. c. Surrender by.owner. Upon the' demand made by the ani- mal control department. it shall unlawful fox the ov~-ner to fail to surrender any animal which has bitten or scratched a human or which is suspected. of having been exposed to rabies, for quarantine, which expenses shall be borne by the owner. d. Release to owner The quarantined animal t~aay be reclaimed by the owner if adjudged .free of rabies,. upon payment of the fees set forth herein and upon' compliance ~ with the vaccination provisions. e. Pathological erernination. When an animal under quaran- tine, diagnosed by a licensed veterinarian as being rabid, dies while under observation, the animal control depart- ment shall immediately send the head of such animal to the state health department fora .pathological examina- Rem. 11.22.88 1162 •j 10-I-3 POLICE REGUI.r1'TiONS" 10-I-3 tion. The animal control department shall notify the city health off cer of reports of human rnntacts, and the diag- nosis made of the suspected animal after the pathological examination has been made. f. Health o/j`'tcials When an animal bites or. scratches a per- son so that the health authority believes that the quaran- tine observation period cannot be observed because of the danger of developing "rabies, the health authority shall order that the animal contmI"department immediately for- ward the animal's head for pathological examination. (5) City-wide quarantine' " a. Condition warranting. A city-wide quarantine may be in- voked for a period of thirty (30) days by the city council upon the recommendation of the "animal control depart- ment after it has been notified by the health department of a positive diagnosis of rabies in an animal. or after an investigation has determined there e.Yists an immediate threat of rabies. ~` b. Extending time In the event there. are additional positive " cases of rabies occurring "within the thirty-day period "of _ the city-wide quarantine, such period of quarantine shall be extended for an additional reasonable period of time. c. Animals bitten by rabid animals During such period of " city-wide rabies quarantine, every animal bitten by a rabid animal shall be destroyed. d. Any animal in public It shall be unlawful for any person to take or permit any animal itz the streets or any other public place during the~period of quarantine. t6) Killing or removing rabid animals from city. No person shall kill, or cause to be killed, any animal suspected of hav- ing been exposed to rabies, or any animal which has bitten' a human, or suspected of having bitten a human, except as herein provided, nor remove same from the city limits, without written permission from the animal control department. a. Exposed du rabies The carcass of nay dead animal sus- pected of having been exposed to.rabies shall upon demand be surrendered to the animal control department. Rev 11-22-88 1163 b. Determined rabid The animal control departaent shall direct the disposition of any animal found to be infected with rabies. c. Sw~render aRer demand No person shall fail or refuse to surrender any animal for quarantine, destruction, or dis- posal as required herein when demand is made therefore by the animal control department: The owner or occupier of any premises on which such animal is located shall permit reasonable access by employees. of the city for the Purpose of removing or destroying such animal. - d. Any wild animal which bites a human such that the skin is broken, shall forthwith be humanely killed, and the animal's head sent to the state laboratory 1'or pathological examination. . e. In the event that the owner of such "wild animal; ' at the time of any snch bite, is in compliance with all statutes of the State of Texas, city ordinances and common law in- chiding that pertaining to public attractive nuisances, and only in such event, then the city shall pay reasonable compensation for snch animal, as if such animal lied been taken by the city under its powers of eminent domain. (i) Impoundment The agents of the animal control department are authorized to take up all dogs, cats or any .animal not kept in conformity with this ordinance, or any other animal which. constitutes a public nuisance. _ . a. Vaccinated dogs or cats. _ 1. Period of confinement. A vaccinated dog or cat im- pounded shall be confined in a humane manner for a period of not less than three i3).working days. 2. Notice. Upon impounding a dog or cat found with cur- rent vaccination tags, the agent of the animal control department shall make a reasonable effort to notify the owner his animal has been impounded and the conditions whereby he may regain custody of such animal. b. Unvaccinated dogs or cats Dogs or cats impounded with- out avaccination tag shall become the property of the Rev. t1-22.8$ 1164 !~ 10•I-3 POLICE REGULATIONS 10-I~ °~ animal control department after the expiration of two (2) ~ working days. If unclaimed and unredeemed thereafter, they may be disposed of in a humane manner. c. Redemption;. impounded animals 1. Compliance required. The owner shall be-entitled to resume the possession of any impounded animal (ex- cept as hereinafter provided in case of certain dogs or . cats), npon compliance with the registration and vac- cination provisions hereof and the payment of appro- priate fees. 2 Unvaccinated aninnals:-Any animal over the age of four (4) months which does not have a current rabies vaccination may not be redeemed until provisions have been made for vaccination. d. Fees Any animal impounded hereunder may be redeemed upon payment by the owner or person taking cnstody through -- purchase or adoption of the foAowing fees: Impoundncent: 1. Dogs/cats, unregistered and unaltered ....... $25.00 2. IMgs/cats, nnregistered and altered ......... 15.00 3. Dogs/cats, registered and unaltered ......... 10.00 4. Dogs/cats, registered and altered ........... 5.00 5. Livestock ...... . .. . .......... . . . . . . . . . . 5~_~0 Board T. Dogs/cats . ....................... $ 5.00/day 2 Livestock .............. ........ 10A0lday Rabies: All charges for rabies vaccination if not currently vaccinated. Registration ....................:.......... $ 4.00 The fees and charges set forth and/or established herein __ may be changed sad amended, from time to time, by reso- lution of the city conacil. e. Donated and unclaimed impounded animals, Donated and unclaimed impounded animals shall became the property Io-I.3 KEBRVILLE CODE 10-I-3 of the animal control department or, city animal shelter which shall then have the following powers: . 1. Authority to transfer title: The animal control depart- ment may transfer title. In the .event of such transfer of title the person or agency to whom title is transfer- - red shall pay for such animal's food and care while impounded and shall comply with the applicable vac- cination provisions. 2. Right to destroy. The animal control department may humanely destroy any animal. 3. Custody by responsible and suitable person. The ani- mal control department may place any animal held at its animal shelter in the custody of some person deemed to be a responsible and suitable owner ~vho will agree to comply with, the provisions of this article. 4. Donated, sick, or injured dogs and cats. The animal control department may destroy an animal in a hu- mane method if it has been donated to the shelter with the request that it be destroyed, or if the animal is so sick or injured that its cure is considered by the ani- mal control department•to be impractical. or if death is _ imminent; in either of such events, such destruction may be done immediately without notice or any wait- ing period. (8) Records It shall be the duty of the animal control depart- ment or animal shelter to keep or cause to be kept, accurate and detailed records of: a. Impoundment and disposition. Impoundment and disposi- tion of all animals coming into custody. - b. Bite cases All bite cases reported to itand its investigation of same in accordance with the state rabies law. c. Monies received Records shall be kept of ail monies re- ceived under this chapter and shall be open to inspection at reasonable times by persons responsible for similar re- cords of the city, and shall be audited by the city auditor in the same manner as other city records which are audited xe~. z-ii-sz , , ~~ tat- roLtcE az•;cvLnTtorrs is-t-~ _ Sec (c) Care and ,Keeping of Arumala ~ - (1) Noises It shall be unlawful for any person to awn, keep, or be in ~ntrol of any animal which causes unreasonably loud or unnecessary noise that causes material annoyance, distress, or 1V-i-v . v W V Y .Yi V V w U. discomfort to persons of ordinary sensibilities in the immediate vicinity. - (2) Restraining of animals Every person who owns, keeps or is in charge of a dog or other animal, shall restrain his dog or animal at all times, except this section 3halI not apply to cats. (3) Permitted animals a. No person shall harbor or keep,more than four t4) dogs or four f4) cats, or any combination of four (4) dogs and cats over the age of four (~l months. e.YCept in an animal shel- ter, clinic, hospital or kennel as provided in the coning ordinance. b. No person shall keep, own or be in~control of any animals of any kind which on account of their number. conditions in which they are kept, noise or odor~,interferes with an- other's quiet use and enjoyment of his property within the immediate vicinity. . (4) Special confinement required for fierce, dangerous, vicious „_ dogs or cats The owner shall confine within a building or a secure enclosure a fierce, dangerous. or vicious dog or cat and not take 'such dog or cat out of such building or secure enclosure unless such dog or cat is securely muzzled. Proof of one t 1)_ prior bite, attack or attempted attack. shall constitute a prima facie evidence of a fierce. dangerous or vicious dog or cat. (5) Prokibited animals. a. It shall be unlawful to harbor or maintain within the city - limits any of those animals defined in section (a) as "pro- hibited animals." b. Exceptions: This section shall not apply to keeping of "pro- hibited" animals'by the following: 1. A publicly or privately owned zoo maintained or oper- ated by a nonpmo~t organization or governmental entity. 2. Publicly ar privately maintained circus, traveling show, or rodeo, which does not remain in Kerrville longer than thirty (30) days out of each year. Rev, 11-22-88 116? lU-lf ~. !-G[li~ Y LLLCi li{JLG ~ r~-v 3. hospitals. clinics, or other premises operated by li- censed veterinarians for the care and treatment of animals. 4. Other uses as permitted by the zoning ordinance in an agiicnltural district, or an open space recreational dis- trict, where the following additional requirements shall aPP1Y- (a) Any animaUfowl which is declared and convicted of being a public nuisance will have to be removed from the city limits. (b) Pens, stalls, or facilities for keeping animals/fowl shall be so located that the animals or fowl cannot come within one hundred (100) feet of any dwell- ing or business building owned. used, or main- tained by any person other than the keeper, or within five hundred (500) feet of any. food estab- lishment, regardless of ownership or occupancy of such establishment. (c) The keeping a~f air animal/fowl in accordance with the provisions of this section shall not be construed to authorize the keeping of the same in violation of any other section of this ordinance. (6) Cruelty. a. A person commits an offense if he, with criminal negli- gence. leaves a dog or cat i_n an enclosed section of an unattended motor vehicle. 1. '`Unattended" shall mean in the absence of a person of at least sixteen (16) years of age in the vehicle, or immediately adjacent thereto. 2. police officers, peace officers, fire department and emer- gency medical personnel are authorized to take such prudent action as may be regcured to relieve the threat of danger to the anunal, regardless of possible damage to the vehicle in question. b. No animals shall be left without food or water for more .-_ than twenty-four CL4) consecutive hours including those offered for sale in retail sales. Rev. 11-22-88 1168 c. The use of leg-hold traps is prohibited in the city limits. d. No person shall sell, offer for sale, barter, or display any living chickens, rabbits, ducks or any other fowl or animal which has been dyed, colored or otherwise treated so as to impart to it an artificial color. (7) Rabbits. . a. Number permitted No person, firm or corporation shall keep, harbor, possess or allow to remain upon Iris premises or upon premises under his or its control within-the corpo-. rate limits of Kerrville, Texas, _more than six (6) grown rabbits or more than eighteen (18) fryer rabbits. b. Hutches; material; appearance and construction. No per- son. firm or corporation shall keep any rabbit or rabbits within the corporate limits of Kerrville, Te.Yas. without providing proper hutches built _of wooden material and conforming in appearance and painting with surrounding buildings. All such hutches shall be comprised of an area sufficient to provide seven and one-half (7'.4) square feet of floor space for each grown rabbit. They shall be of self- .- cleaning type, with floors of hardware cloth of a mesh of one-half itch or lsrger. The floors cf hutches must not be less than eighteen (18) inches nor more than twenty-four (24) inches from the ground. The overaII height of hutches - must not be in e.YCess of four (4) feet. Such hutches shall not be placed closer than fifty (50) feet to any inhabited residence. c. Sanitation. Each owner; keeper,' or possessor of rabbits shall maintain his rabbit hutches in a safe, sanitary and sightly condition. Droppings must, be removed therefrom daily and properly disposed of. d. Unlawful to seU on premisex It'is unlawful for any person, _ firm or corporation to sell rabbits oa the premises upon which they are kept or raised, or to advertise the sale thereof at such places. ($) Chickens and other fowl -- - a. Number of domestic fowl kept on premises Zimited: No per- °~` son, faro or corporation shall keep, harbor, possess or allow to remain on any one premise ~ under his control within the corporate limits of Kerrville. Texas, more than twelve Rev. l l-2&88 1169 (12) grown chickens. nor more than fifty (50) baby chick- ens; nor any turkeys, ducks, geese, or'any other domestic fowl. No person, fu-m or corporation shall keep. harbor, possess or allow to remain on premises under his rnntrol within the corporate limits of Kerrville. Texas, any male chicken after it is old enough to crow. b. Chicken houses required construction. The owner, keeper, or possessor of any chickens in Kerrville, Texas, is hereby required to provide housing facilities such as will provide four (4) square feet of floor space for each grown chicken. - Such house shall be floored with lumber, and the floor shall not be less than eight (8) inches -from the ground. Such house shall be neatly built so as to conform to build- ings on the surrounding premises in neatness and appear- ance. Such house shall be located noc less than fifty (50~ feet from aay dwelling house. and must be kept in a sani- tary condition at aI1 times. c. Building permit required for chicken houses The owner, keeper, or possessor of any chickens in Kerrville, Texas, ,~ before the erection of any house for the purpose of housing chickens, shall be required to comply vrith the Code of Ordinances of the city, which requires that a building permit be secured by the liuiIder before the beginning of -the erection of an~• building. d. Fence rnnstruction required for chicken Lardx Any person, firm, or corporation who builds a fence in Kerrville, Texas, for the purpose of keeping chickens or for any other pur- pose, is hereby required to build such fence so that it will rnnform to the buildings on the premises and the immedi- ate surroundings in neatness and appearance. e. Enforcement of building standards. It is hereby made the duty of the department of inspections. upon report made to it of the violation of any of the provisions of subparagraphs b, c or d, above, to immediately investigate the matter and bring the person or persons responsible for the violation before the proper magistrate to be dealt with according to -- law. Rey. 11-22-88 1170 IOd-3 t'111..11:Y: j{rtsva+naavaw f. Running at large prohibited No person, firm or corpora- tion who keeps chickens or other doriestic fowl in Kerr- ' viIle. Te.Yas, shall permit or suffer the same to run or fly at large, or to trespass on the premises of any other person. For purposes of this section, the terms "person," "owner" or "keeper" shall include the agent, servant or employee of any corporation, or any firm or association of persons. ., (9) Domestic pigee~:w a. Strict and constant conjnement required. It shall be un- lawful to own, keep, or breed pigeons within the corporate limits of the city otherwise than in constant and strict captivity and confinement in a house or other secure en- closure upon premises owned, possessed or controlled by the owner of such pigeons. b. Unlawful to permit nesting etc, of unc~arejined pigeons on owned property. It shall be unlawful for any person in the city to permit any unconfined pigeon or pigeons to roost at nght or to nest or breed on any lot, real estate, or premises within the corporate limits of the city owned. possessed or controlled by, him and each day that such person so per- mits an unconfined pigeon or pigeons to so roost at night or to nest or breed on any lot, real estate, or premises owned. possessed or controlled by him shall be a separate and distinct offense. c. Relief from prosecution speci~'ted Any person may relieve himself from prosecution for violation of this article by notifying the chief of police at any tune before prosecution is begun that unco~ned pigeon or pigeons are roosting, nesting, or breeding on lot, lots, real estate, or premises owned. possessed or controlled by him and requesting and authorizing him. the chief of police, to have the unconfined pigeon or pigeons so roosting, nesting or breeding on the lot, lots, real estate or premises so owned, possessed, or controlled by him removed therefrom, killed, or destroyed. (10) Livestock a. Keeping certain livestock inside city limits forbidden. Ex- cept as otherwise provided herein, it is unlawful_ for any Rev. I1-22.98 1171 person, firm, or corporation to keep, harbor, possess, or allow to remain on any premises under his control within the corporate limits of Kerrville, Texas, any mule, ass, °` swine, or any other animal except dogs, cats and those animals otherwise allowed ender this article. b. Keeping certain livestock inside city limits restricted Ex- cept as otherwise' provided herein. it is unlawful for any person, firm. or corporation tv keep, harbor. or possess any horse, faaI, pony, sheep, or goat or any animal of the cow kind on any premises under his control except under the provisions and conditions defined in this section (c). 1. Cattle restrictions fa) Temporary permit and fee required_ Any person, firm, or corporation desiring to bring cattle into the city limits for a temporary period not to ex- ceed seventy-two f72) hours for the purpose of show- ing or selling shall first obtain a permit from the animal control department. The permit shall spec- ify the dates of amval and departure of the ani- mall, where animals art to be held, number of animals, and the name of an individual who shall be responsible for confinement of animals, sanfita- tion, and disposal of waste. The animal control. department shall collect .a permit fee of ten dol- lars ($10.00) per individual event. (b) Limitations on keeping cattle. Any person, firm, or corporation desiring to keep cattle in the city limits may only do so on property in an agricul- tural or open-space recreational district, shall be - limited to three (3) head per acre, and shall adhere to the additional requirements listed in this section (c), paragraph (5)b.4. 2_ Equine restrictions (a) Vaccination required. Any person, firm or corpo- ration who owns or keeps under his control any harse, foal, or pony within the corporate limits of Kerrville, Texas, shall cause all horses, foals, or _.. ponies kept by him to be vaccinated at least once Elev. l 1-22-88 1172 each year for "sleeping sickness" (encephalitis lethargica) by a graduate veterinarian. .~ (b) Permit and fee required. Any person, firm, or cor- poration desiring to keep any horse, foal, or pony shall first secure a permit from the animal control department of the city, within thirty (30) days from the enactment~of this article. Such permit shall be issued by the animal control department upon receipt of an application in writing from the . person desiring to keep such horse, pony, or foal. Such application shall contain the address of the applicant, size of the animal pen. distance from dwellings, names of abutting property owners, a certificate of vaccination, and such other informa- tion as the city shall require. The animal control department shall collect a permit fee of five dol- lars ($5.00) for each permit to. keep any horse, foal, or pony, which shall expire on the thirty-first day of May each year, thereafter. every person, firm, or rnrporation owning or having under his .- control horses. ponies or foals, shall pay a renewal fee of five -dollars 05.00) per annum, per -horse; pony or foal, to the animal rnntrol department on or before the first day of June each year, and present a certificate of vaccination as above. 3. Sheep/goat restrictions: permit regrired to keep sheep or goats as project for,~urcior livestock show. Any mem- ber of the Kerr County 4H Club or the Kerrville FFA who desires to keep sheep or goats within the corpo- rate limits of the city as a project to be entered in the Kerr County Junior Livestock Show shall First secure a permit from the animal control department of the city. Such permit shall be issued by the animal control department upon receipt of a written application from the person desiring to keep such sheep and goats and signed by the county agricultural agent ar the voca- tional agriculture teacher. Such application shall con- fain the address of the applicant, size of the animal "-` pen, distance from dwellings, names of the abetting property owners and such other information a_ s the city shall require. Rev. i 1-22.88 1173 4. Enclosures required Any person, firm, or corporation desiring to keep horses, foals, ponies, sheep or goats provided and limited in this. section lc) shall provide an enclosure for such horse. foal, pony, sheep or goats, which shall be substantially erected to properly con- tain the animals. Such enclosure shall be erected with a ground area of not less than seventy-five hundred (7,500) square feet per horse, foal or pony and not less than two thousand (2,000) square feet for each" sheep or gnat. AlI enclosures shaA be located on the property of the owner of the animal so .that no part of such enclosure for horses. foals or ponies is less than two - hundred fifty (250) feet from the dwelling of any other person and such enclosure for sheep and goats is no Iess than one hundred (100) feet from the dwelling of any other person. 5. Sanitation requirements All such pens for horses, foals. ponies, sheep and goats shall be maintained in a clean and sanitary condition, free of filth at all times. Ma- nure shall be cleaned daily from such pens or enclo- - sores and placed in an air tight container. All manure from such container shall be removed at least once a week or more often, if required, to keep such container sanitary. All manure removed Erom such pens or en- . - closures shall be dumped only at a state or city ap- proved site. It is unlawful to dump or place an}• ma- nure or other waste from such pens or enclosures in the garbage cans or receptacles serviced by the Sani- tation Department of the City of Kerrville. Pens and enclosures may be inspected at any time by the sani- tarian or any duly authorized representative of the city. c. . Livestock running at large prohibiteaC 1. Impoundment of livestock. It shall be unlawful for the owne- or controller of any animal of the cow kind, horse, mule, jack or jenny, hog, sheep or goat; to allow, permit the same to run at large, or be at large within "" the limits of the city. Rev. 11-22.88 11?4 10-43 POLICE REGULATIONS LU'I-a .,_ 2. Disposal of unredeemed animals.l5isposal of unredeemed animals shall be in accc~-daace with state laws on the sub}ect. See (~ Bird Sanctuary Established The entire area embraced by the corporate limits of the city and nay parks or other land owned by it be and same are hereby designated as a bird sanctuary. It shall be unlawful for any person to trap, shoot or attempt to shoot" with"any tape of firearm inducting &H or air rifles, or molest in any manner. any bird or - wild Fowl or rob the nests thereof anywhere within the described area except as otherwise provided herein. (Ord. Yo. 87-15, §§ A-D, 428-87; Ord. No. 87-56, 11-24$71 H S~P~ E ~F 6+ ~ ~f~ Y cG"~N G ,~ga COUNTY JUDGE PAr 7mICY COMMISSIPNERS COURT H.A. ~BUSTER~ BALOWP'~ PCT. I WILWM "BILL WIWAMS~ PCf.2 JONAEHAN LETS. PCE. 3 DAVE N1txoLwrv, Pcr. 6 January 28, 2005 THE COUNTY COURT of KERRCOUNCY,TEXAS 700 MNN kN1RV111F, TExnx 78028 Tia.: (830)792-2211 Fnx'(830)792-2218 E-Mnn_ kertcocc~Jcm.com ..--.. ..~ ~ ~~, 4~. CLE[K 3ANNElT PIEE COURT COO0.UIN IIATRY hLrci Mr. Ron Patterson, City Manager CERTIFIED: 2026 9692 City of Kerrville Return Receipt 800 Junction Hwy Kerrville. Texas 78028 Re: Agreement Between City of Kerrville, Texas and Kerr County, Texas Regarding Provision of Animal Control Services and Interlocal Cooperation Agreement for Animal Shelter. Dear Mr. Patterson: Pursuant to the direction of the Commissioners' Court of Kerr County and, as provided in the above referenced Agreements, this letter shall serve as forma! notice that Kerr County does not desire to renew or extend the above referenced contracts in their present form when same expire at the end of their current term on September 30, 2005. As with other joint City/County operations, I believe it would be appropriate for the City and County to each appoint a representative or representatives to commence meeting in an effort to work out a new agreement which would be acceptable and serve the interests of both governmental entities. If this is acceptable, please provide me as soon as possible with the name (s) of individual (s) representing the City in this matter so that we might begin to schedule necessary meetings. As always, thank you for your courtesy and attention to this matter. Yours very truly, r Pat Tinley, County Judge