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HomeMy WebLinkAboutOrdinance No. 01-1280 ORIGINAl_ CITY OF THE COLONY, TEXAS ORDINANCE NO. ~]) / - / Z ~9~) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES IN PERTINENT SECTIONS AS SET FORTH BELOW; PROVIDING FOR A PENALTY OF A SUM NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000); PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 5 ANIMAL CONTROL DIVISION of the Code of Ordinances shall be amended in pertinent Articles and Sections as hereinafter set forth, provided that the remaining Articles and Sections are unchanged: ARTICLE I. IN GENERAL Sec. 5.1 Definitions Sec. 5.1 shall be amended by adding the following definition: "Animal and Wildlife Protection Division shall mean the agent or representative designated by the City of The Colony to perform animal control enforcement and duties". Sec. 5.2 Enforcement by animal control officer s; authority to carry weapons; filing of complaints Sec. 5.2 (a) shall be amended as follows: "(a) Enforcement. The representative or agent of the city designated to perform animal control duties shall have the right of ingress and egress on unsecured private property for the purpose of apprehending an animal at large, or in pursuit of said animal. The animal control officer shall have the authority to issue citations for any violation of this chapter. Sec. 5.2 (b) shall be deleted in its entirety. Sec. 5.2 (c shall become the new Sec. 5.2 (b). "ARTICLE II. IMPOUNDMENT, REDEMPTION, DESTRUCTION, EUTHANASIA, ADOPTION AND SALE OF ANIMALS" Sec. 5-5. Authority to euthanize, impound or destroy animals. Sec. 5-5 shall be amended to read as follows: "In addition to other authority granted to the animal control officer or any peace officer, shall have authority to do the following:" Sec. 5-6. Redemption procedure and impoundment fees. Sec. 5.6 (d) shall be amended to read as follows: ORDINANCE - Page 1 DOC #: 510380 "(d) Unclaimed animals. Any impounded animal not claimed within seventy-two (72) hours shall become the property of the city and will be disposed of by the city's representative or agent by adoption, rescue group, or humane euthanization. Such disposal does not relieve the owner of the animal of liability for violations and accrued charges". ARTICLE III. RABIES CONTROL Sec. 5-11 Rabies vaccination required before registration tags issued. Sec. 5.1 l (a) shall be amended to read as follows: "(a) Rabies vaccinations required All animals for which rabies vaccinations are required by state law, located within the city, three (3) months of age or over, shall be currently vaccinated for rabies". Sec. 5.11 (b) shall be amended to read as follows: "(b) Rabies vaccination certificate required; display of rabies vaccination .................. " The veterinarian shall furnish the owner with a metal tag, which shall be stamped with the words "Rabies" and the year of the rabies vaccination; ......... " Sec. 5.11 (c Registration and vaccination tags not transferable shall be amended by deleting the last paragraph in its entirety. Sec. 5-13. Procedure when animal has bitten person; quarantine fees. (b) Exception to procedure. If the animal in question has a valid and current rabies vaccination, the owner shall be given authority to quarantine the animal within their own home, subject to inspection by an animal control officer anytime during the quarantine period. If an animal control officer determines noncompliance has occurred, approval for in-home quarantine shall be revoked. (c) Quarantine fee. The owner of any animal held in quarantine at the animal and wildlife protection division for observation purposes shall be charged current impoundment fee. Any owner not wishing to claim a quarantined animal shall pay all such costs plus the current release of ownership fee. The city shall not be responsible for any incurred costs for in-home quarantine. ARTICLE IV. DOMESTIC PETS Sec. 5-14. City registration requirements. Sec. 5.14 shall be deleted in its entirety. ORDINANCE - Page 2 DOC #: 510380 ARTICLE VI. "PROHIBITED ANIMALS* Schedule A Fee Schedule shall be amended by deleting Registration Fee $5.00. Section 2. Any person violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction be subject to a fine in accordance with the general provisions of the Code of Ordinances. Section 3. If any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect. Section 4. That this ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS' this 5th day of March' 2aa 1' ~i ]~~~~~. ~ann~Ma!~,! ~ Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: n Hikel, Cit~ney ' ORDINANCE - Page 3 DOC #: 510380