HomeMy WebLinkAboutOrdinance No. 2014-2062CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2014- )� 0 tP ),
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES,
CHAPTER 5, ARTICLE I, SECTION 5-1, ENTITLED "DEFINITIONS, BY
REDEFINING THE TERM "DANGEROUS ANIMAL" TO INCLUDE
ATTACKS ON A DOMESTIC ANIMAL THAT CAUSES BODILY
INJURY AND OCCURS IN A PLACE OTHER THAN THE ENCLOSURE
OF THE ATTACKING ANIMAL, AND PROVIDED THE VICTIM
ANIMAL IS NOT AT LARGE; AMENDING CHAPTER 5, ARTICLE IV,
SECTION 5-18(A) ENTITLED "DANGEROUS ANIMALS;
PROCEDURES; IMPOUNDMENT; HEARING; REDEMPTION," BY
ADDRESSING THE PROCEDURES FOR INVESTIGATING A
DANGEROUS ANIMAL COMPLAINT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000)
FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the regulating of animals within the City of The Colony, Texas, is necessary
in order to protect the health, safety and welfare of humans and other animals; and
WHEREAS, Chapter 5 of the Code of Ordinances provides for such regulations; and
WHEREAS, after review of Chapter 5, staff is of the opinion that said regulations should
be updated and amended; and
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to amend Sections 5-1 and 5-18(a) of the Code of
Ordinances of the City of The Colony, Texas, to better address the regulation of dangerous animals
within the City in accordance with State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Chapter 5, Article I, Section 5-1 of the Code of Ordinances of the
City of The Colony, Texas be, and the same is, hereby amended by amending the definition of
"Dangerous animal", which shall read as follows:
"Dangerous animal shall mean an animal that:
(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place
other than an enclosure in which the animal was being kept and that was reasonably
certain to prevent the animal from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the animal was
being kept and that was reasonably certain to prevent the animal from leaving the
enclosure on its own and those acts cause a person to reasonably believe that the animal
will attack and cause bodily injury to that person; or
(3) Makes an attack on a domestic animal that causes bodily injury and occurs in a place
other than the enclosure in which the attacking animal was being kept, and was
reasonably certain to prevent the animal from leaving the enclosure on its own, provided
the victim animal was not at large at the time of the attack; or
(4) An animal that has been involved in two (2) or more separate bites, attacks, or possible
rabies exposure cases, regardless of the extent of injury to the victim, animal or person."
SECTION 3. That Chapter 5, Article IV, Section 5-18 of the Code of Ordinances of the
City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 5, Article
IV, Section 5-18(a) of the Code of Ordinances of the City of The Colony, Texas, entitled
"Dangerous animals; procedures; impoundment; hearing; redemption," which shall read as
follows:
"Sec. 5-18. Dangerous animals; procedures; impoundment; hearing; redemption.
(a) An animal control officer at his own instigation, or pursuant to a citizen's complaint, shall
investigate all animals suspected of being dangerous. Such investigation shall include
identification of the owner of the accused animal, an assessment of the animal so
accused, including the photographing of the animal if possible, and such other inquiry
and information gathering as deemed necessary by the animal control division manager.
The owner of an animal shall cooperate with the animal control division and the officer
conducting such investigation.
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict.with the provisions of this ordinance
shall remain in full force and effect.
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SECTION 6. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of I , 2014.
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