HomeMy WebLinkAboutOrdinance No. 2015-2120ORDINANCE %r=
AN ORDINANCE OF THE CITY COUNCIL OF THE CITE' OF THE
COLON', TEXAS, AMENDING OF THE CODE OF ORDINANCES OF
THE CITE' OF THE COLONY, TEXAS, BY AMENDING CHAPTER 5,
SECTION 5-15, ENTITLED "LIMITATION ON NUMBER OF DOGS AND
CATS", BY AUTHORIZING ANIMAL RESCUE ORGANIZATIONS TO
FILE AN APPLICATION TO EXCEED THE SIX (6) DOG OR SIX (6)
CAT LIMITATION; AMENDING CHAPTER 5, BY ADDING A NEW
ARTICLE VIII, SECTIONS 5-28 TO 5-32 ENTITLED ANIMAL RESCUE
ORGANIZATIONS, BY AUTHORIZING THE ISSUANCE OF AN
ANIMAL RESCUE ORGANIZATIONS LICENSE, PROVIDING FOR AN
APPLICATION FOR AN ANIMAL RESCUE ORGANIZATIONS
LICENSE, PROVIDING FOR A PUBLIC HEARING AND OTHER
PROCEDURAL REQUIREMENTS FOR THE GRANTING,
REVOCATION, OR MENIAL OF AN ANIMAL RESCUE
ORGANIZATIONS LICENSE, AND ESTABLISHING AN ANIMAL
RESCUE ORGANIZATIONS LICENSE APPLICATION FEE AND
LICENSE AND INSPECTION FEE; RENUMBERING THE CURRENT
CHAPTER 5, AR'T'ICLE VIII, SECTION 5-28, ENTITLED "FEES" AS
ARTICLE IX, SECTION 5-33,.PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS (S2,000) FOR
EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
''WHEREAS, the City Council has discussed and considered such revisions and has
deter-nined that it is in the best interest of the City to amend. Chapter 5 of the Code of Ordinances to
address the dog and cat limitations for animal rescue groups.
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 the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 5, Section 5-15, entitled "Limitation on number
of dogs and cats," which shall read as follows:
"Sec. 5-15. Limitation on number of dogs and cats.
(a) Animal limitations. It shall be unlawful for any person to keep or harbor more than six
adult dogs or six adult cats, or any combination thereof, in any residential district. A
person shall be permitted to keep only one litter of dogs or cats per residence.
(b) Exemption. Pursuant to article VIII of this chapter, any person who is an officer,
employee, or volunteer for an animal rescue organization may file an application for an
administrative hearing and license to keep dogs and/or cats in excess of the number
allowed in subsection (a). The applicant shall pay an initial application fee at the time of
filing in an amount listed in the City's approved fee schedule."
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 5, by adding a new Article VIII, Sections 5-28 to
5-32, which shall read as follows.
"ARTICLE VIII. ANIMAL, FESCUE ORGANIZATIONS.
See. -28. Issuance generally.
The City's animal services manager shall issue animal rescue organization license, subject to the
terms and conditions of this article.
See. 5-29. Application, bearing.
(a) Initial application unci fee. A person may file an application for an administrative hearing
for a permit to keep dogs and/or eats in excess of the number allowed in subsection 5-15.
The applicant shall pay an application fee at the time of filing in an amount established
by the city council. The application shall be filed with the animal control service on a
form provided by the city's animal services manager.
(b) Application; contents. The application for an animal rescue organization license shall at a
minimum contain the following infortnation
(1) Name and permanent address of the applicant and, if different, the location and/or
address of the subject property or premises;
(2) Documentation indicating the animal rescue organization has received section
501(c)(3) or similar designation from the Internal. Revenue 'Service;
(3) Letter of recommendation from a veterinarian;
(4) Letter of recommendation from an anitnal rescue organization;
(5) The maximum number of dogs or cats that the applicant will keep, harbor, and/or
raise on the subject property or premises; and
(6) A drawing showing the dimensions of the subject property or premises and
identifying all structures on the premises, all fenced or enclosed areas, and the
proximity of adjacent property owners and public streets.
(b) Written notice. Public notice of the hearing shall be given by depositing a written notice
in the mail or attaching the same to the front door of all owners of real property located
within. 200 feet of the subject property or premises, as determined from the last approved
City tax roll, and by its publication in a newspaper of general circulation in the City. All
notices shall be given at least ten (10) days prior to the date set for the hearing. Such
notice shall state the date, time and place of the public hearing; adequately identify the
location and/or address of the subject property or premises; state the nature of the
application to be considered.
(c) Hewing. A hearing on the application shall be conducted by the city's animal services
manager.
(d) Burden of'Pr o f. At the hearing, the applicant shall have the burden of proof to establish
that the applicant will be able to properly care for the number of dogs and/or cats
requested, without the animals creating noise or odor nuisances or otherwise being
detrimental to the public health.
(e) Conclusion of hearing. At the conclusion of the hearing, the city's animal services
manager shall approve the application, modify the application, or deny the application.
(f) Denial of'application. The city's animal services manager may deny the application if
the applicant:
(1) Has not met the burden of proof established in subsection (c),
(2) Has within the preceding twenty-four (24) months been cited for violating this
article, maintaining animal nuisance complaints, or been charged with violating
state laws regulating the care of animals; or
(3) Has not properly vaccinated all dogs and cats at the residence in accordance
withstate and local regulations.
{g) Ternis of license. A license issued under this section shall be valid for an open-ended
tern, but shall be subject to revocation for violation of its conditions. The license shall
specify the number of dogs and/or cats the licensee shall be able to keep, and shall not be
specific to individual animals. The license is non -transferable and shall become invalid if
the license holder moves or a new resident occupies an existing approved location.
Sec.. 5-30. Appeal to animal control board.
(a) Appeal. The Animal Control Board shall hold a public hearing on any appeal of any
determination for an animal rescue organization license wade by the city's animal
services manager.
(b) Burden afprfogf: At the public hearing, the applicant shall have the burden of proof to
establish that the applicant will be able to properly care for the number of dogs and/or
cats requested, without the animals creating noise or odor nuisances or otherwise being
detrimental to the public health.
(c) Conclusion ref Public Hearing.
(1) At the conclusion of the public hearing, the Animal Control Board shall approve
the application, modify the application, or deny the application.
(2) if the Animal Control Board determines that the applicant will not be able to care
for the number of animals requested without the creation of noise or odor
nuisances or without being otherwise detrimental to the public health, the Animal
Control Board may modify the application and approve the keeping of more than
six (6) dogs and/or more than six (6) cats, but fewer than the number requested in
the application.
(d) Denial of Application. The Animal Control Board may deny the application if the
applicant:
(1) Has not met the burden of proof established in subsection (b),
(2) Has within the preceding twenty-four (24) months been cited for violating this
article, maintaining animal nuisance complaints, or been charged with violating
state laws regulating the care of animals; or
(3) Has not properly vaccinated and licensed all dogs and cats at the residence in
accordance with this article.
(e) License. A license issued under this section shall be subject to revocation for violation of
its conditions. Any changes or modifications to the license made by the applicant require
the submission of a new application. The license shall specify the number of dogs and/or
cats the licensee shall be able to keep, and shall not be specific to individual animals. The
license is non -transferable and shall become invalid if the license holder moves or a new
resident occupies an existing approved location.
(f) Revocation of license. The Animal Control Board may set a hearing if the animal control
board determines that grounds exist to revoke a license issued under this section.
(1) Written notice shall be served on the licensee in person or by registered mail at
least ter? (10) days prior to the hearing. The notice shall specify the date, time, and
place of the hearing, as well as any allegations of license condition violations.
(2) Notice that is mailed shall be deemed received five (5) days after it is placed in a
mail receptacle of the United States postal Service:.
(3) A decision to revolve a license shall be based on a preponderance of the evidence,
fhe city shall have the burden of proof. At the conclusion of the public hearing
the Animal Control Board shall make written findings of fact and conclusions of
law and shall issue a written decision without undue, delay.
See. 5-31. Fee..
A License and inspection Fee listed in the City's approved fee schedule shall be paid to the
City prior to the issuance of any animal rescue organization license.
See. 5-32. Licensee requirements.
Requirements to be met by licensees are as follows:
(1) The dogs shall be housed in cages or pens inside a residence or a completely enclosed
climate controlled accessory structure when not under direct supervision. Cats may be
maintained solely within the residential structure.
(`?) The dogs or cats shall be kept, harbored, and/or raised so as to not be a nuisance or
detriment to any adjoining property or adjacent neighbors.
(3) The dogs or cats shall not bark, howl, or create noises that cause the peace and quiet of
the neighborhood or the adjacent premises to be disturbed, or create a public nuisance.
(4) The cages or pens in which the dogs or cats are housed shall be maintained in a sanitary
condition, subject to the provisions of section 5-3 so as not to create any hazards to the
general health and welfare of the community.
(5) The subject property or premises shall. provide an enclosed or fenced area for the exercise
of the dogs or cats that will be kept, harbored and/or raised thereon containing a
minimum area equal to or greater than 500 square feet multiplied by the number of dogs
or cats four (4) months of age or older.
(6) The enclosed area in which the dogs or cats are to be housed shall be of adequate size,
height and construction to prevent the dogs or cats from running at large.
(7) The subject property or premises shall be subject to inspection by the City enforcement
agent between the hours of 8:00 a.m. and 5:00 p.m."
SECTION 4. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by renumbering Chapter 5, Article VIII, Section 5-28 as Chapter 5,
Article IX, Section 5-33, entitled "Fees", which shall read as follows:
"ARTICLE IX. FEES
Sec. 5-33. Fees.
All fees assessed shall be established by resolution of the city council."
SECTION 5. That Resolution No. , entitled "Master Fee Schedule" is
hereby amended by adding the following Animal Control Fees, which. shall read as follows:
"Animal Rescue Organizations
Application Fee $100
License and Inspection $150
SECTION 6. 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 7. 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 reniam in full force and effect.
SECTION 8. 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 9. 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 2 0
EIVIEV&W
Chrisfi-Milson, City Seeretary