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HomeMy WebLinkAboutOrdinance No. 04-1536 CITY OF THE COLONY, TEXAS ORDINANCE NO ~)Z~ io~'~o AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES, BY ADDING SECTION 5-14, LIMITATION ON NUMBER OF DOGS AND CATS; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 5 of The Colony Code of Ordinances regulates the ownership, care, and protection of animals within the City of The Colony; and WHEREAS, the City desires to limit the number of dogs or cats to be permitted at any one residence; and WHEREAS, the City Council believes that the proposed limitation would promote the health, welfare, and public safety of both visitors and residents of the City; and WHEREAS, after consideration, the City Council of the City of The Colony finds that it is in the best interest of the City to establish limits on the number of dogs or cats to be permitted at any one residence, and to add Section 5-14 in its entirety, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. AMENDMENT That The Colony Code of Ordinances, Chapter 5, Animal Control and Wildlife Protection Division, is hereby amended by adding Section 5-14, Limitation on Number of Dogs and Cats, which shall read as follows: "SECTION 5-14. LIMITATION ON NUMBER OF DOGS AND CATS A. Definitions: For the purpose of this subsection, the following words shall have the meaning expressed below: 1. "Animal rescue group" means a recognized association devoted to the purposes of retrieving, rescuing, and placing stray or abandoned animals. Animal rescue groups shall only qualify for this designation if they are recognized by the SPCA as such, have received recognition from the City animal control manager, their premises are subject to inspection, and their premises are in compliance with all health regulations. 2. "Cat" shall mean a domesticated feline which is more than four (4) months of age. 3. "Dog" shall mean a domesticated canine which is more than four (4) months of age. 4. "Litter" shall mean one or more newborn dogs or cats under four (4) months of age. B. Animal limitations. It shall be unlawful for any person to keep or harbor more than six (6) adult dogs or six (6) 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. C. Exemption. Any person who is an officer, employee, or volunteer for an animal rescue group is exempt from the foregoing animal limitations, provided, however, that said person may only harbor rescue animals on a temporary basis." SECTION 2. SAVING CLAUSE Chapter 5 of the Code of Ordinances of the City of The Colony, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person or circumstance 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 that it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. EFFECTIVE DATE This ordinance shall become effective from and after its adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the /~" day of -~lO~.~,,v~ ,2004. APPROVED: ~ o~i~red~o~oanY~ Texas AT~EST: C~s~e Wilson, TRMC, htefim City Secret~, City of The Colony, Texas ~P~O~: B~Ha~er~ ~ityW~/mey~ City of The Colo~ Tex~