ORDINANCE NO. 95-05

 AN ORDINANCE REGULATING THE CONTROL OF SMALL ANIMALS WITHIN THE CITY OF MARFA ,  AND IMPOSING PENALTIES FOR NON-COMPLIANCE

 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MARFA , THAT:  

SECTION 1  

            DEFINITIONS:  As used in this ordinance the following shall mean:

             Owner:  Any person, partnership or corporation owning, keeping or harboring animals.

             Animals:  Any living creature, domestic or wild.

             Running at large:  Not confined on the owners premises or under control of a responsible person by means of a leash, cord or chain.

             Restraints:  Confined within the owner’s premises or, if off the premises, under constant control of a responsible person by means of a leash, cord, chain or similar device.

             Dangerous Animals:  Any animal involved in an unprovoked attack on any person or persons or other domestic animals, or one which fails to respond to reasonable attempts to stop such an attack.

SECTION II

It shall be unlawful for any owner to fail to exercise proper care, restraint and control of his animals to prevent them from becoming a public nuisance, by running at large, molesting passerby or attacking other animals.

1.      Vaccination:  No dog or cat over the age of four months shall be permitted to be or remain within the City unless vaccinated annually against rabies and licensed as hereinafter required.

2.      Licensing:  All dogs and cats over the age of four months shall be registered annually with the City Secretary as to sex, breed and description of the animal and vaccination status, and licensed upon payment of the prescribed fees:  $5.00 (five and no/100 dollars) per dog and cat.  License and vaccination tags will be securely fastened around the animals neck for the full for the full license period (twelve months).

3.      Running at large:  It shall be unlawful to permit any animal to run at large within the City limits.  All animals must be securely confined on the owner’s premises, and when off those premises must at all times be under physical restraint of the owner or other responsible person.

4.      Dangerous Animals:  In the event an animal bites, scratches or otherwise attacks any person, the owner shall immediately notify the Chief of Police (729-4393) and the animal shall be confined in a veterinary hospital or municipal impoundment facility at the owner’s expense for a period of two weeks for observation, to be released only when certified by a Veterinarian to be free of symptoms of rabies.  Anyone having knowledge of an animal bite or attack shall immediately notify the Chief of Police of the episode.  The City Police Officers are authorized to humanely destroy any dangerous animal only when necessary for the protection of persons or property.

5.      Extra-Territorial Jurisdiction (ETJ) Enforcement to Abate Nuisances:  If the enforcement officer determines that an animal site or animal within five thousand (5,000) feet immediately outside the city limits and within the City’s ETJ is in violation of any provision(s) of this ordinance, then he or she may declare that animal site or animal to be an extra-territorial nuisance, and may enforce the penalties section of this ordinance against the owner of the animal or animal site accordingly.

6.      Removal of Animal Waste:  It shall be unlawful for any person owning or having control or custody of an animal to permit the animal to defecate upon the City’s public property or upon the private property of another unless the person immediately removes the feces and properly disposes of it: provided, however, that nothing contained in this chapter authorizes such person to enter upon the private property of another without permission.  In addition, it shall be unlawful for any person to walk an animal on the City’s public property or upon the private property of another without carrying at all times suitable container or other suitable instrument for the removal and disposal of animal feces.  Visually handicapped persons using seeing eye dogs are exempt for this provision.  This section does not apply to any person while using an animal in the discharge of law enforcement activities.

 SECTION III

 1.                  Impounding:  Any animal found unrestrained or running at large within the City shall be taken by the Police of the City dog warden and impounded, to be kept not less than 10 (10) days, unless previously reclaimed by their owners on payment of all costs, charges and penalties accrued upon the time of their redemption.

2.                  Public Notice:  Immediately after impounding of any animal, a description of the animal shall be entered on the records of the pound, with a notation of whether the animal is tagged and licensed as required herein.  Copies of such notice will be posted at the pound and on the bulletin board at City Hall.  Any animal not redeemed by the owner within ten (10) days may then be declared a public nuisance and the animal may immediately thereafter by humanely destroyed.  As an alternative, the animal may be declared to be a stray animal and may be put up for adoption.  No dog or cat may be released to the owner or adopted until rabies vaccination requirements are met.

3.                  Pound Fees:  Any animal impounded under the terms of this ordinance may be redeemed by the owner upon payment of a fee of $15.00 (fifteen and no/100ths dollars) plus $1.00 (one and no/100ths dollars) for each day of impoundment and payment of any necessary vaccinations or other veterinary costs.

4.                  Penalties:  Any person, firm or corporation convicted of violating any provision of this ordinance shall be punished by a fine not to exceed $500.00 (Five Hundred and no/100ths dollars) for each violation.

 SECTION IV

 

This ordinance becomes effective upon publication in one issue of the official weekly newspaper.

PASSED AND APPROVED THIS 9TH DAY OF MAY, 1995

C.M. “FRITZ” KAHL, MAYOR

CITY OF MARFA

PASSED AND AMENDED THIS 11 DAY OF JULY, 2000

C.M. “FRITZ” KAHL, MAYOR

CITY OF MARFA