040703

ORDINANCE NO. 040703 PROPOSED AMENDMENT 11/9/2019

AN ORDINANCE REGULATING THE KEEPING OF ANIMAL AND FOWL WITHIN THE CITY OF NAPLES:; CERTIFICATION OF RABIES VACCINATION; DUTY OF OFFICER TO IMPOUND; IMPOUNDMENT FEES; REDEMPTION OF IMPOUNDED ANIMALS; PROHIBITING ABANDONMENT OF ANIMALS; PROHIBITING KEEPING OF DANGEROUS, VICIOUS OR PROHIBITIVE WILD OR EXOTIC ANIMALS, FOWL OR REPTILES; AND PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE.

WHEREAS, it is dangerous to the health, lives and welfare of the citizens to permit animals and fowl to run at-large upon the public ways of the City of Naples; and

WHEREAS, the removal of dead animals and the impounding of rabid animals is necessary in order to assure a wholesome environment and to protect the health and safety of the citizens of Naples, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NAPLES, TEXAS:

Section I. Short Title

This ordinance shall be known and cited as the Animal Ordinance of the City of Naples, Texas.

Section II. Definitions

For the purpose of this ordinance, the following terms, phrases, words or their derivations shall have the meaning given herein. When not consistent with the context, words used in the plural number include the singular; words used in the singular include the plural number. The word "shall" is always mandatory and not merely directory.

A. Animal- Any member of the group of living beings generally capable of spontaneous and rapid motor response to stimulation, specifically excluding human beings.

B. Dog- All members of the canine family.

C. Cat- All members of the cat family that are domesticated.

D. Domesticated Animal- Those animals which are naturally tame and gentle, or which by long continued association with man, have become thoroughly domesticated and are now reduced to such a state or subjection that they no longer possess the disposition or inclination to escape.

E. Wild Animals- All undomesticated animals.

F. Prohibitive Animal- An animal that poses a potential physical; or zoonotic disease threat; an endangered species, or is protected by international, federal, or state regulations, other than a common domestic species regardless of state of duration of captivity including, but not limited to:

1. Class Reptilia- Order squamata, family Helodermatidae (the venomous lizards, such as Gila monsters and beaded lizards), family Hydrophidae (marine snake), family Viperidae (such as rattlesnakes, copperheads, cottonmouth, moccasin, and true vipers), family Elapidae (coral snakes, cobras, and mambas), family Colubridae (as rear fanged colubrids, such as Dispholidus types (boomslang), Hydrodynastes gigas (water cobra), Boiga species, and Thelotornis kirtlandi (twig snake), family Boidae (as pythons and boas longer than six (6) feet, anacondas); order Crocodilia (as crocodiles, caimans, and gavials).
2. Class Mammalia- Order Carnivora, family Felidae (as lions, ocelots, margays, tigers, jaguars, leopards, and cougars), except domestic cats; the family Canidae (as wolves, dingos, coyotes, and jackals), except domestic dogs; family Ursidae (as bears); suborder Pinnipedia (as seals and sea lions); order Primata (as apes, orangutans, chimpanzes, and gorillas); order Proboscidea (as elephants); order Chiroptera (as bats); order Ungulata (as antelope, deer, bison, and camels); and order Marsupiala (as kangaroos).
3. Order Carnivora- Family Musteliae (weasels, skunks, martins, ferrets mink, badgers); family Procynoidae (raccoons); family Vivveridae (as cibets and mongooses); order Edentata (as sloths, anteaters, and armadillos); and other Rodentia (such as porcupines).
4. Fish- Order Anguilliformes, family Muraenidae and family Congridae (eels); order Cyprinoformes, family Characidae (piranha fish); or other species which are considered dangerous to the balanced environment of lakes and streams.

Prohibitive animals, fowl and reptiles shall not include livestock, game birds, poultry, or normal household pets, such as psittacine bird, canary, finch, cockatiel, small monkeys, hamster, guinea pig, gerbil, rabbit, or game fish, parakeet, parrot.

G. Livestock- Domestic animals generally used or raised on a farm for profit or use, including but not limited to cattle, sheep, pigs, bulls, stallions, jacks, hogs, and sows.

H. Running at large- "At large" shall be intended to mean off the premises of the owner, and not under the physical control of the owner either by leash, cord, chain, or otherwise, or within a vehicle being driven or parked on the street. Voice control shall not be deemed restraint.

I. Owner- The owner of an animal is any person, firm, or corporation or association who have, harbor, or keep, or cause or permit to be kept, or has in his care, or who permits an animal to remain on or about his premises.

J. Animal Control Officer- Employee of the City of Naples, appointed by the Mayor to supervise the operation and maintenance of the city animal shelter and to help carry out and enforce the provisions of this ordinance.

K. City Health Officer- Doctor of medicine currently appointed by the City Council to carry out the duties of the city health office.

L. Residential purposes- Any property zoned for or utilized as multi-family four-plex, tri-plex, duplex, a single family dwelling or mobile home.

M. Harbored in extreme weather conditions- Said phrase shall mean being enclosed in a pen or cage or tethered without having access to shelter or water.

N. Shelter- Any structure that will shield the animal from the direct rays of the sun or direct exposure to wind from the north when the temperature is below fifty (50 degrees Fahrenheit).

SECTION III. Animals or Fowl Running at Large Generally.

A. It shall be unlawful and a nuisance for any person raising or keeping any animal, fowl or reptile to permit any such animal, fowl, or reptile to run at large within the city or go upon the premises of another, provided, however, that this subsection does not apply to dogs and cats, which animals shall be regulated by subsection B. The City shall establish a prima facie case by providing the ownership of the animal, and that is was running at large.

B. It shall be unlawful for the owner or harbored of any dog or cat to fail to prevent said dog or cat from running at large within the City. The City shall establish a prima facie case by providing ownership or harborage of the dog or cat and that is was running at large. The only defense to said prima facie case is that the said dog or cat was stolen. No culpable mental state is an element of the offense described in this subsection, and culpable mental state need be alleged or proven in prosecution of said offense.

C. Unlawful Restraint of Dogs.

1. Definitions: a. Collar. Means any collar constructed of nylon, leather, or similar material, specifically designed to be used for dogs. b. Proper fitted means, with respect to a collar, a collar that measures the circumference of a dog’s neck plus at least one inch. c. Restraint means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.

2. Unlawful Restraint of Dog. An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement. a. Between the hours of 10 p.m. and 6 a.m. b. In the case of extreme weather, including conditions in which: (1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit (2) A heat advisory has been issued by a state authority (3) A hurricane, tropical storm, or tornado warning has been issued c. In this section a restraint unreasonably limits a dog movement if the restrain: (1) uses a collar that pinch-type, prong-type, or choke-type or is not properly fitted to the dog. (2) uses a length shorter than 5 times the length of the dog (measured from the tip of the dog’s nose to the base of their tail, or: (a.) is in an unsafe condition (b.) causes injury to the dog

3. EXCEPTIONS. a. a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pully, or trolley system by means of a pinch-type collar, prong-type, choke-type collar or improperly fitted collar. b. a dog restrained to a running line, pulley, or trolley system shall have shelter, food and water available while restrained c. a dog restrained to a stationary object shall not exceed three (3) hours in a twenty four (24) hour period.

SECTION IV. Abandonment of Animals in City.

It shall be unlawful to abandon or dump any animal in the City.

SECTION V. Slaughtering Animals.

It shall be unlawful to maintain any property for the sole purpose of slaughtering any animal or animals.

SECTION VI. Animals biting, Scratching or Attacking Any Person or Other Animal.

A. It shall be the responsibility of every owner or harborer of any animal to prevent said animal from biting, scratching, or attacking any person or other animal. Every owner or harborer shall be guilty of violating this ordinance, if the animal owned or harbored bites, scratches, or attacks any person or other animal when:

1. The bite, scratch or attack was unprovoked;
2. The person or other animal bitten, scratched, or attacked was not in the case of a person, trespassing on the property of the owner or harborer or was not, in the case of an animal running at large in violation of this ordinance; and
3. The owner or harborer of said animal failed to take all reasonable steps to prevent the bite, scratch, or attack. Or the owner or harborer had knowledge of the dangerous or vicious propensities of any animal shall be presumed upon proof that said animal has, on any prior occassion, bitten, scratched or attacked any person or other animal.

B. For purposes of this section, knowledge of the dangerous or vicious propensities of an animal shall be presumed upon; proof that said animal has, on any prior occasion, bitten, scratched or attacked any person or other animal.

C. Dangerous, Vicious Animals; Keeping, Harboring Prohibited. It shall be unlawful to own, keep or harbor or have control of any animal that is dangerous or vicious. An animal shall be considered to be dangerous or vicious when it has bitte, scratched or attacked any person or other animal, causing bodily injury to said person or other animal and when the bite, scratch or attack was unprovoked.

D. Notification of Pending Removal. The owner or harbor of any animal that the Animal Control Officer has determined to be dangerous or vicious shall be notified that the animal shall be removed from the City Limits or be placed with a person who has facilities to control the animal, within five (5) days of the date such notice is sent. If the animal has been impounded by the Animal Control Officer, the animal shall be transported hereunder by the Animal Control Officer and shall not be returned to the owner or harborer for purposes. Unless the true address of the owner or harborer is known to the Animal Control Officer.

E. Right of Owner or Harborer to Dispute Findings of Animal Control Officer. Any owner or harborer notified of the preceding subsection may, within said five (5) day period, give notice in writing to the Animal Control Officer that the animal is not dangerous or vicious.

F. Public Hearing. Immediately upon receipt of notice under preceding subsection, the Animal Control Officer shall notify the Chief of Police and/or Duly Authorized Officer, who shall set a date for hearing the reasons presented by the owner or harborer and shall notify the owner or harborer of the hearing date.

G. Disposal Upon Failure of Owner to Show Animal Not Dangerous or Vicious. If the Chief of Police and/or Duly Authorized Officer finds that the facts presented by the owner or harborer fail to show the animal is not dangerous or vicious, the animal shall immediately be removed from the City Limits or placed with a person who has facilities to control the animal, and if the owner or harborer fails to do so, the Animal Control Officer may impound the animal and so remove or so place the animal; or Animal Control Officer may destroy the animal. If the animal has been impounded by the Animal Control Officer, the animal shall be transported hereunder by the Animal Control Officer and shall not be returned to the owner or harborer for such purposes.

H. Right of Owner to Seek Injunction to Prevent Disposal of Animal. No placement or destruction of the animal by the Animal Control Officer, under the preceding subsection shall occur sooner than five (5) days after the date the Chief of Police and/or Duly Authorized Officer makes his findings. The owner or harborer may, within said five-day period, seek to enjoin enforcement of the Chief's or Officer's decision in an appropriate court. Notice of any proceeding, if received by the Chief of Police and/or Duly Authorized Officer within the said five-day period, shall stay the Chief's or Officer's decision pending the outcome of such proceeding; provided, however, the finding of any such proceeding shall not entitle the owner or harborer to the return of the animal in question.

I. Same-Impoundment at Expense of Owner or Harborer. Any animal impounded by the Animal Control Officer hereunder shall be kept, cared for and fed at the expense and risk of the owner or harborer of said animal. Cost for said impound shall be Ten (10) dollars per day.

3. Same-Consent of Owner to Destruction or Placement of Animal Not Precluded. Nothing herein shall be construed to prevent the owner or harborer from giving his content, at any time, to the destruction or placement of an animal.

Section VII. Barking or Howling Animals.

It shall be unlawful for anyone to harbor or keep on his premises or in or about his premises under his control, any animal which by loud or unusual barking or howling, or by noise of any type, causes the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed.

Section VIII. Sanitary Condition of Pens of Animals.

It shall be unlawful for any person to maintain any pen, enclosure, yard or area for any animal in an unsanitary, offensive or disagreeable manner.

Section IX. Restriction of Number of Dogs, Cats, or Any Other Animals or Combination of Both, To Be Kept on Residential Premises.

It shall be unlawful to keep or harbor more than (4) dogs, cats, or any other animals or combination of these beyond the normal weaning age on any premises used or zoned for residential purposes.

Section X. Hogs, Sows, Pigs in City of Naples

Refer to Existing Ordinance 92881.

Section XI. Restriction on Size and Location of Area for Keeping Livestock, etc.

A. It shall be unlawful to keep and maintain any mule, donkey, horse, mare, colt, bull, cow, calf, sheep, goat, cattle or livestock at a distance closer than fifty (50) feet from any building located on adjoining property that is used for human habitation.

B. Once the requirements as stated are met, then the square footage that is available on said lot for the livestock to be housed on shall be a minimum one thousand (1,000) square feet per animal.

C. It shall be unlawful to keep any mule, donkey, horse, mare, colt, bull, cow calf, goat, cattle, or livestock staked out on a rope or chain for a period over three (3) hours in any twenty four (24) hour time frame .

Section XII. Killing,Trapping, Etc. Animals and Fowl Prohibited Except in Certain Instances.

A. It shall be unlawful for any person to willfully wound, trap, main, or cripple by any method any animal, bird or fowl or sick animal. It shall also be unlawful to kill any animal, bird, or fowl except domesticated fowl considered as general tablefare such as chicken or turkey, within the City. This section does not apply to any City Officials carrying out programs for the preservation of the health, safety, and general welfare of citizens or destroying an injured or sick animal.

B. The Chief of Police and/or duly Authorized Officer or his delegated employee shall have the right of ingress on any property within the City in order to carry out programs for the preservation of the health, safety, and general welfare of the City's citizens, and to determine the condition of an animal, bird, or fowl. But in no event shall the Animal Control Officer enter a structure used for human habitation unless he first secures a search warrant. If one of the following conditions is found, the animal bird, or fowl may be impounded and the owner shall be guilty of violating this ordinance. The conditions are: 1. Abandoned without food or water for a period of more than seventy-two (72) hours. 2. Abused (wounded, maimed, trapped, beaten or crippled) or neglected (improper feeding to maintain normal body tone and responses, or infected with parasites) or kept or harbored in extreme weather conditions without shelter or protection. 3. Adult animal restrained on a leash, chain, or other restraining line less than eight (8) feet in length, unless being exercised by a person in control of said animal or enclosed in an area less than twenty (20) square feet except when the animal is being restricted by the City of Naples, a licensed veterinarian, or bona fined human organization.

C. If the Chief of Police and/or Duly Authorized Officer has reason to believe than an animal, bird or fowl is being tortured, caused to fight with another animal, bird or fowl, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confirmed, abused (wounded, maimed, trapped, beaten or crippled or kept or harbored in extreme weather conditions without shelter or protection) or the owner or persons having custody and control over the animal, bird or fowl has been convicted in the county court under Section 42.09 of the Texas Penal Code, the Chief of Police and/or Duly Authorized Officer may cause the animal bird or fowl to be impounded in the City of Naples pound or direct that after impoundment the animal, bird or fowl may be cared for by any person or agency if the Chief of Police and/or Duly Authorized Officer deems such person or agency better and peaceful environment for said animal, bird or fowl.

After impoundment of the animal, bird or fowl, the Chief of Police and/or Duly Authorized Officer shall within a reasonable time give appropriate notice to the owner, any society located within the City of Naples whose the local newspaper by certified mail at least five (5) days prior to a hearing to determine if the animal bird or fowl has been so mistreated.

Conviction of the owner or person in possession and control over the animal, bird or fowl in county court for violation of Section 42:09 of the Texas Penal Code involving the animal, bird or fowl, shall be prima facie evidence that the animal, bird or fowl has been tortured, seriously over worked, unreasonably abandoned, unreasonably deprived of necessary food, care, shelter, cruelly confined, abused or improperly harbored. If after the hearing, the Chief of Police and/or Duly Authorized Officer determines the animal, bird or fowl had been tortured, caused to fight with another animal, bird or fowl, seriously overworked, unreasonably deprived of necessary food, care, or shelter, cruelly confined, abused (wounded, maimed, trapped, beaten, or crippled, or kept or harbored in extreme weather conditions without shelter or protection by the owner or person having former custody or control over said animal), then in the interest of humane treatment of the animal, bird or fowl, he shall deny return of the animal, bird or fowl and the owner and/or the person having former custody or control over said animal, bird or fowl shall never be permitted to own or have custody or control over said creature.

The decision of the Chief of Police and/or Duly Authorized Officer shall be issued within ten (10) days of the hearing. If the Chief of Police and/or Duly Authorized Officer finds that the animal, bird or fowl has not been so treated, he shall cause the animal to be returned to the owner or person having former custody or control over the animal. If the Chief of Police and/or Duly Authorized Officer denies return of the animal to the owner or person having custody or control over the animal, he shall sell the animal to the highest bidder at an auction conducted for that purpose. Notice of the auction shall be posted on days prior to the sale. Should the animal have been boarded with a private citizen or association whose purpose is to aid animals in distress, said citizen or association shall be allowed an amount out of the proceeds of the sale equal to the per day impoundment fee permitted by Section XIV.

The balance of the bid amount after payment of impoundment fees, if any, shall be paid to the former owner of the animal. Should the Chief of Police and/or Duly Authorized Officer be able to sell the animal, bird or fowl at auction, he may give the animal, bird or fowl to the Humane Society, Inc.

Should the owner of the animal, bird or fowl be dissatisfied with the decision of the Chief of Police and/or Duly Authorized Officer, he may appeal said decision in writing within five (5) days of receipt of the decision of the Chief of Police and/or Duly Authorized Officer to the City's Mayor, who may affirm the decision of the Chief of Police and/or Duly Authorized Officer or over rule same and order return of the animal, bird or fowl to the owner. Appeal to the Mayor shall be a public hearing with notices given as required to the Chief of Police and/or Duly Authorized Officer. Decision of the Mayor shall be in writing no later than fifteen (15) days after the day of the hearing.

Section XIII. Disposition of Impounded Animal.

A. Sale, Destruction, Etc. of Impounded Animal.

Once an animal has been impounded for a period five (5) days and not redeemed by the owner, the Animal Control Officer shall, at his/her sole judgment, forthwith destroy the animal, place the animal for sale, or turn the animal over to the Department of Parks and Recreation for display in public zoos. The Chief of Police and/or Duly Authorized Officer shall be in charge of selling all impounded livestock. If livestock is placed for sale by the Animal Control Officer, the Chief of Police and/or Duly Authorized Officer or his delegated agent shall have published in a newspaper of general circulation the description of the livestock, the name of the owner, if any, that the sale will be for the purpose of defraying cost of impounding, the location and hour of the sale shall be posted at the city office and identified in the newspaper. If the livestock is not sold at the sale, the Animal Control Officer may destroy it or offer it for sale again.

B. Vaccination for Rabies.

It shall be be unlawful for the purchaser of any impounded unvaccinated dog or cat to fail to present a certificate from a licensed veterinarian showing the said dog or cat to be vaccinated for rabies within ten (10) days after purchase.

Section XIV. Shelter Fees.

A. Poundage Generally. The following shall be the fees charged as poundage for all animals except cattle, horses, cows and livestock: 1. For taking in, impounding and care of animal......$10 a day 2. Age less than normal weaning age with their mother......$2.00 a day B. Poundage for Cattle, Horses, etc. The following fees shall be charged as poundage for all cattle, horses, cows and livestock: 1. For taking in, impounding and care of animal....$25 a day C. Advertisement of Sale. The fee for preparing advertisement of sale is twenty five dollars ($25.00). The owner shall be responsible for cost of advertisement. D. Handling and Disposing of Dead Animals. The following shall be the fee charged for handling and disposing of dead animals: 1. It shall be the responsibility of the owner to properly dispose of any dead animal.

Section XV. Redemption of Impounded Animals.

The owner of any impounded animal may reclaim same as follow: A. Before sale by:

1. Paying all accrued expenses.

B. After sale by:

1. Paying the purchaser the amount paid by him for the animal and his reasonable expense incurred in the buying and caring for such animal; provided that the owner so redeems the animal within thirty (30) days after the date of sale; otherwise, the animal shall become the absolute property of the purchaser.

Section XVI. Sale Liability.

The City does not in any way warrant the title or ownership of any animal sold at the pound and in the event any lawsuit is filed by the prior owner or anyone having an interest in the animal, the purchaser of said animal agrees to indemnify the City and accept the full responsibilities in regard to the suit. The City does not warrant the health or physical condition of any animal which is may sell.

Section XVII. Annual Immunization of Dogs, Cats, or Any Other Animal Required: Vaccination Tag and Certificate Requirement.

A. It shall be unlawful for any person to own or keep any dog, cat, or any other animal beyond the normal weaning age in the City unless the dog, cat, or other animal immunized annually against rabies by a state licensed veterinarian in an amount sufficient to produce an immunity. Young dogs, cats, or other animals shall be vaccinated within thirty (30) days after they have reached the normal weaning age. Unvaccinated dogs, cats, or other animals acquired or moved into the City shall be vaccinated within thirty (30) days after purchase or arrival unless under normal weaning age.

B. The veterinarian shall supply the owner of an animal that he has vaccinated, a vaccination tag, which will have stamped upon it, the veterinarian's name and a vaccination certificate number. It shall be unlawful for the owner to have, harbor, or keep, or to cause or permit to be harbored or kept, any dog, cat or other animal, without a current vaccination tag fastened securely to a harness, or collar worn about the shoulders or neck of the dog, cat, or other animal.

C. The veterinarian shall issue a written vaccination certificate, signed by the veterinarian administering the vaccine, or his designated agent, giving an accurate description of the animal, date of immunization, and the name and address of the owner.

D. The Chief of Police and/or Duly Authorized Officer or his duly delegated employee or any police officer may request to see and said vaccination certificate at any time, and the failure of said owner or person in possession of said dog, cat or other animal, to exhibit said vaccination certificate upon request, shall constitute an offense under this Ordinance.

Section XVIII. Animals Suspected of Rabies to Be Held for Observation.

A. Every animal that has rabies, or symptoms thereof, or any animal that bites, scratches, or otherwise attacks any person or other animal, within the City Limits of the City of Naples, shall be impounded and held in strict isolation for a period of ten (10) days for observation in a licensed veterinary hospital of the owner's choosing within the county or the owner's or harborer's home under certain circumstances, when approved by the Chief of Police and/or Duly Authorized Officer or his designated agent. All cost shall be the responsibility of the owner or his harborer.

B. The owner, keeper or person in charge of any animal that has rabies, or that has been exposed to rabies, or that has symptoms thereof, or that has bitten, scratched or otherwise attacked any person or other animal within the City Limits of the City of Naples shall, on demand, turn over said animal to the Chief of Police and/or Duly Authorized Officer or his designated agent.

C. No animal so held or confined for observation of rabies shall be released to the owner until a licensed veterinarian or the Chief of Police and/or Duly Authorized Officer or his designated agent certifies that the animal has been held for the specific time and is demonstrating no clinical symptoms of rabies.

D. The body of any animal that has died of rabies shall not be disposed of except as directed by the Chief of Police and/or Duly Authorized Officer or his designated agent.

E. All examinations by a veterinarian shall be at the owner's expense.

F. Any wild animal that bites, scratches, or attacks any person or other animal, shall be subject to the same rules and regulations as applicable to any domestic animal regulated by this Ordinance.

Section XIX. Dog, Cat or Any Other Animal That Bites A Person or Other Animal; Confinement; Notice to Owner; Examination; Release or Destruction.

A. This section is applicable to dogs, cats, or other animals under certain circumstances and does not apply to dogs, cats, or other animals that have rabies, or symptoms thereof, or that have been exposed to rabies or that have not been vaccinated and licensed in accordance with the provisions of this Ordinance.

B. It shall be the duty of the Chief of Police and/or Duly Authorized Officer, or his duly designated agent, when a complaint is received that a dog, cat, or other animal has bitten a person or other animal, to take the dog, cat, or other animal into custody and to notify the owner of the animal, if known. The animal shall be held in isolation for observation for a period of ten (10) days in a licensed shelter or in any licensed veterinary hospital within the county, of the owner's choosing, unless the owner agrees to the following:

1. Have animal examined by licensed veterinarian or Chief of Police and/or Duly Authorized Officer or his designated agent, and if found to have no clinical symptoms of rabies, and has been immunized in compliance with this ordinance, then said animal may be released to the owner upon his signing an agreement to have the animal penned up for observation for a ten (10) day period and to have the animal re-examined by a licensed veterinarian of the Chief of Police and/or Duly Authorized Officer or his duly designated agent. If said dog, cat, or other animal has not been immunized as required hereof, the such animal shall be confined at the owner's expense, in accordance with this Ordinance. In any case, the dog, cat or other animal, while penned up for observation during the ten (10) day period, shall be made accessible for observation by the Chief of Police and/or Duly Authorized Officer or his designated agent, at any time, upon request.
2. If upon re-examination, the dog, cat, or other animal is found to have rabies, or symptoms of rabies, or is suspected of having rabies, such dog, cat, or other animal shall be returned to the Chief of Police and/or in accordance with Section XIX of this Ordinance until a definite diagnosis has been made.

Section XX. Harboring Prohibited Animals.

It shall be unlawful to harbor any prohibitive animal within the City Limits of the City of Naples, Texas, with the exception under the following conditions and ONLY by written permission of this City Council:

A. The harborer is a governmental entity, however, said governmental entity shall notify the Chief of Police and/or Duly Authorized Officer of the City of Naples, prior to bringing the prohibitive animals within the corporate limits, of the number and species of prohibitive animals, and the location where the animals shall be harbored.

B. The harborer of the prohibitive animal or animals is a licensed veterinarian and said animals are harbored upon premises zoned and used for veterinarian offices and/or animal treatment facilities for the purpose of providing veterinarian's services to said animals.

C. The harborer of the prohibitive animal or animals is a circus, wild animal show, or rodeo, which business remains within the corporate limits of the City of Naples no longer than ten (10) consecutive days. The owner or operator of the circus, wild animal show, or rode shall notify the City of Naples prior to bringing the prohibited animals within the City Limits, of the number and type of prohibited animals, and the location where the animals shall be harbored.

D. The harborer of the prohibitive animal or animals is a commercial film or television studio where commercial film and/or television production facilities are located and the prohibited animals are not harbored on said premises for longer than seventy-two (72) hours. However, if it is necessary to harbor wild animals longer than seventy-two (72) hours, said harborer shall notify the City of Naples prior to bringing the prohibited animals within the City Limits, or the number and type of prohibited animals, and the location where the animals shall be harbored.

E. The harborer of the prohibited animal or animals is a medical or research facility or zoological park.

Section XXI. Catchlines.

The catchlines of the several sections of the Ordinance immediately following each section number, or subsection letter or number, are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such section, including the catchlines, are amended or reenacted.

Section XXII. Penalty Clause.

Any person, or persons, violating or failing to comply with any provisions of this Ordinance shall be fined, upon convinction, not less than one dollar ($1.00), nor more than five hundred ($500.00) dollars, for each offense, and each day any violations or noncompliance continues shall constitute a separate offense.

Section XXIII. Severability Clause.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are separable, and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jursidiction, such unconstitutionally or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of his Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections.

Section XXIV. Exceptions and Exemptions Not Required to be Negative.

In any complaint and in any action or proceedings brought for the enforcement of any provision of this Ordinance, it shall not be necessary to be negative, any exceptions, excuse, provision, or exception, contained in this Ordinance, and the burden of proof of any such exception, excuse, provision, or exemption, shall be upon the defendant.

Section XXV. Repealing of Ordinances or Parts of Ordinances in Conflict Herewith.

It is the intent of the City Council that this Ordinance replace and make null and void any other Ordinance or parts of Ordinances regulating animal control within the City of Naples, Texas are herewith repealed.

Section XXVI. Emergency Clause.

The fact that the present ordinances and regulation of the City of Naples are inadequate to properly control the harboring and care of animals, or injury to humans, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of it's first reading and passage, and it is accordingly so ORDAINED.

PASSED AND APPROVED THE 8th day of November 2019

David Betts Mayor

Alyssa Browning City Secretary