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Austin's Animal Control & Curfew Laws

Monday, August 3, 1903 regular

Curfew ordinance passes: The council approved a new rule restricting children under 17 from being on Austin streets and alleys at night, passing 7-6 despite significant opposition.

Animal control debate delayed: Two competing proposals to fine owners of loose livestock and dogs were presented but disagreement over which neighborhoods should allow free-roaming cattle led the council to postpone a final decision until the next meeting.

Street repairs funded: The council approved $300 to repair West 12th Street between Rinehart and Blanco Streets, and paid a $18.50 claim to citizen Maurice Marvel.

Tax ordinance validated: Officials re-enacted the city's 1901 tax levy with unanimous approval, ensuring proper validation of that year's taxation.

Minor petitions referred: Various requests—including allowing a wooden shack in the fire district, refunding pound fees, and repairing fire department equipment—were sent to appropriate committees for review.

Full Transcript

71 Regular meeting of the City Council. Austin Texas, August 03, 1903 Hon R.E. While, Mayor, presiding Roll Called Present Aldermen Bronson, Haynes, Kimmle, Guacken Maddox, Miller, Nitschke, Redd, Schneider, Kelley, H. Smith & Weit Absent Alderman Moore. On motion the minutes were approved as recorded by the Clerk without reading. Petitions Sharp & Co. Petition By Alderman Maddox Petition of Sharp & Beatos for to build wooden shack within the fire limits on roofed shack in fire limits Read and on motion referred to the fire Commissioners A. Halrons refund By Alderman Weit. Petition of A. Halrons asking Pound fees. to have certain pound fees refunded Read and on motion referred to the Committee on claims and accounts Communication By the Mayor. Communication from the City Engineer from City Engineer regarding the attention of the Council to the Condition of regarding streets the streets and asking an appropriation for repairs Read and on motion referred to the Street Committee Wm. Dill to paint By Alderman Schneider Petition of Wm. Dill Chief Hose Reel of the Fire Dept. asking appropriation for the purpose of repairing Hose Reel Read and on motion referred to the Fire Committee Alderman Schneider moved that the Council take a recess for 5 minutes Lost Reports of City Officers Reports by officers The Mayor laid before the Council the reports of Cityofficers (except that of the Treasurer) for the month of July 1903. Which were on motion referred to their appropriate Committees without reading Reports by Com. Reports of Standing Committees Alderman Maddox for the Finance Committee to Finance officers whom was referred the reports of the Assessor & Collector reports the Treasurer and the Clerk for the month of May 1903. presented a report stating that they had been examined and found correct. The report was adopted Alderman Haynes for the Committee on Claims and accounts to whom was referred the petition of Jimmie Marold for damages presented a report recommending that the same be denied and the petition of H.W. Craig claiming she agreeing to take that suit in full settlement the report was adopted. --- Page break --- 72 Alderman Redd for the Hospital Committee to whom was referred the report of the Physician for the month of June 1903, presented a report stating that he had examined same and found it correct. The report of the Committee was adopted. Unfinished business Ord. increasing salary The Mayor laid before the Council an ordinance increasing Pound Master & Day Clerk the salary of Pound Master, and Day Clerk at the Police Station, The ordinance was read the third time and Laid on the Table on motion of Alderman Haynes was laid on the table Curfew ordinance The ordinance regulating the presence of Children under the age of 17 years upon the streets and alleys of the City at night. Passed. The ordinance was read the third time and passed by the following Vote. Yeas Alderman, Brooker, Kune, Ma[illegible] Madden Shumate Smith Vileht 7 Nays Alderman Haynes Miller, Nitschke Redd Schneider Shelley 6 New business Alderman Shumate presented a bill of Carleston Bill Carleston & Cllingson & Ellingson for work done at Peace Park, which was Work Peace Park. read and referred to the Park Committee The Mayor laid before the Council a communication Austin Dam & Suburban from W. [illegible] President of the Austin Dam & Suburban R.R. accept ordinance Railroad Company accepting the provision of an Ordinance authorizing said Company to use Steam or electricity on said road. On motion the communication was ordered filed. Validating re-enacting By Alderman Madden an ordinance, validating Tax levy for year 1901. and re-enacting "An ordinance levying taxes for the year 1901. Passed. The ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Brooker, Carleston, Kune Madden Haynes Miller, Nitschke, Redd Schneider Shelley, Shumate Smith Vileht x3 Nays None. $300. to repair 12th St. By Alderman Shelley, an ordinance appropriating the sum of $300. for the purpose of repairing W. 12th Street from Ringrank & Blanco Streets The ordinance was read the first time and on motion was referred to the Street Committee. By Alderman Haynes an ordinance appropri -ating the sum of $18.50 for the purpose of paying claims as claimed by Maurice Marvel. The ordinance was read the first time and on motion the rule was suspended and it --- Page break --- in raced on its second reading by the following Vote Yeas Aldermen Crocken Hayes Irvine Mcadacrux Miller Nitschke Redd Schneider Shelley Shumate Smith Weir Nays none. The ordinance was read the Second Time Alderman Waddax moved to amend same by adding "And the City Attorney is directed to prepare proper receipts" The ammendament was adopted, and the ordinance passed by the following Vote Yeas Aldermen Crocken Hayes Irvine Mcaddax Miller Nitschke Redd Schneider Shelley Shumate Smith Weir Nays none. Alderman Schneider offered the following Resolution requiring resolution Marshal to Keep a Be it resolved by the City Council of the City of Austin: list of dogs impounded That the Marshal shall keep in his office a record of all dogs impounded giving a description of same. The resolution was lost by the following Vote Yeas Aldermen Waddax Schneider Nays Aldermen Crocken Hayes Irvine Mcaddax Miller Nitschke Redd Shelley Shumate Smith Weir 11 On motion of Alderman Shelley Alderman Zillen, leave of & Alderman Zillen was granted a leave of absence absence for 2 weeks commencing the day he leaves the City On motion the Police Committee was permitted to make a report. Report Police Com Alderman Shelley from the Police Committee on Penal ordinance to whom was referred an ordinance amending Art 127 of the Revised Penal Code, presented a report recommending the passage of the ordinance Alderman Weir offered a substitute for the ordinance. On motion of Alderman Waddax further consideration was postponed until the next meeting and the ordinance and substitute ordered printed on the minutes. The following is the ordinance and substitute An ordinance to Amend Article 127 of the Revised Penal ordinance of the City of Austin: Be it ordained by the City Council of the City of Austin! Section 1. That Article 127 of the Revised Penal ordinances of the City of Austin shall hereafter read as follows, Art 127. That if the owner, keeper or person in charge of any horse, Mule, Jack, Jennet, Cattle, hog, Sheep, or Cow, dog, Sheep or Goat shall suffer or permit the same to run at large at any times. within the city of Austin, he shall be fined upon conviction in any sum notless than one dollar nor more than ten dollars for each and every such offense; and each day or part of a day any such animal shall be suffered to run at large shall constitute a new offense. Sec 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Sec 3. That the fact that there is no sufficient law regulating the running at large of stock and other animals in the City of Austin, creates an imperative public necessity and an emergency requiring that the rule requiring ordinances to be read on three several days be suspended, and it is hereby suspended, and that this ordinance go into effect from and after its passage. Alderman Weir offered the following substitute to the foregoing ordinance. The following is the substitute offered by Alderman Weir An ordinance to amend Article 127 of the Revised Penal ordinances of the City of Austin. Be it ordained by the City Council of the City of Austin: Section 1. That Article 127 of the Revised Penal ordinances of the City of Austin shall hereafter read as follows: Art 127. That if the owner, keeper, or person in charge of any horse, Mule, Jack, Jennet, Cattle, hog, Sheep, or Cow, dog, Sheep or Goat shall suffer or permit the same to run at large at any times. within --- Page break --- 74 The Corporate limits of this City, except that which Cows may be permitted to run at large in the day time, North of the Colorado River, East of Cornelison, and North of Nineteenth Street, East of Waller Creek and Duval Street and West of Blanco Street, he on she shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than five nor more than One hundred dollars for each animal so running at large. Section 2. That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. Section 3. That this ordinance take effect and be in force from and after its passage and publication as required by the City Charter Substitute offered by Alderman Weir An Ordinance To Amend Article 127 of The Revised Penal ordinances of the City of Austin. Be it ordained by the City Council of the City of Austin! Section 1. That Article 127 of the Revised Penal ordinances of the City of Austin, be do Amended as to hereafter read as follows Art 127. What if the owner, Keeper or person in Charge of any horse, mule, Jack, Jennet, Cattle, Calf, milk Cow, dog, sheep or goat Shall suffer or permit the Same to run at large at any time within the Corporate limits of the City of Austin, except that milk Cows may be permitted to run at large, in the day time, South of the Colorado River, East of Chicon Street North of Six th Street, North of Nineteenth Street East of Waller Creek and Duval Street, East of East Avenue South of Sixth Street, West of Shoal Creek North of Sixth Street and West of Blanco Street South of Sixth Street, he or she shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than Five nor more than One hundred dollars for each animal so running at large. Section 2. That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed Section 3. That this ordinance take effect and be in force from and after its passage and publication as required by the City Charter William The Council adjourned Fred Johnson City Clerk