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HomeMy WebLinkAboutOrd 1759 - animals Ordinance No. 1759 AN ORDINANCE RELATING TO ANIMALS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Specific sections in C~apter 5 of,the C..ode of prdinances of the City of West University prace are hereby amended as shown in Appendix A, which is attached to this ordinance and made part hereof for all purposes~ Section 2.. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only~ Section 3~ If any word, phrase, clause) sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and actionA The City Council ratifies, approves and confirms such notices and the contents and posting thereof. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were givenA Section 5. This ordinance sharl become effective on the tenth day following its publication as provided in the City Charter: Il CONSIDERED, PASSED AND APPROVED on first reading on ,~/S- I ~3 . _ A <;"...""" ~ ~d.. Counc~lmembers Vot!ng Aye: ~/I#-ry/~~~ ...I&...r/~-.i </7~/~ V Councllmembers VotIng No: ~u/ ~ ro ~ Councilmembers Absent: d CONSIDERED, PA~SED AND APPROVED on second reading, AND SIGNED, '.' on . ~~;}c, '~Y:.d' ~ ~ So/e</ ~ 'pJ~ f Councilmembers Voting Aye#~d#~.~1~~.r:.;;~ CounciImembers Voting No: c'~~ . ~- - CounciJmembers Absent Signed: ecretary (Se Recommended:11~ -i.rro City M nager Reviewed: City Attorney Appendix A (containing 3 pages) Amendment of Section 5.017 relating to animals on parks, playgrounds, etc. As amended on first reading, 12-15-03 Sec~ 5.017. Prohibited on parks and playgrounds, etc. No animal shall be pClnlittcd on any City palk Ot playground (including plenusc5 leased or licensed by the CIty fionl the IIouston IndGpGlldGnt School Distllet), vvh.Gtl.lGI ulldel tlie cantloI of the ownCI 01 not and ~:h(,th{"I on 01 off a leash~ (a) Prohibition. It s:hall be u,nlawful for any person to cause or allow any anim.al to enter (or to remain within) any of the following areas: (1) the area within tIle perimeter fencing at Judson Park.. (2) the area wi.thin the perimeter fencing at Weir Parl(~ (3) the area within th.e perimeter fencing at Whitt Johnson Park.. (4) the area within the inside edge Dillie perimeter pathway at Colonial Park (such pathway being formed bv the sidewalk along Byron~ West Point and Case Streets and the concrete track segments parallel to Byro.n.. Academy an.d Case Streets).. (5) the HIS.D Licensed Area.. as defined in Chapter 16 of this Code" or (6) the area within the perimeter fencing at the West University Recreation Center (formerly the YMCA property)~ (7) the area within th.e perimeter sidewalk along Milton Street and Co lIege Avenue at Huffington Park: or (8) the area within. the .oerimeter sidewalk along Rice Avenue and Aud~ Street at Rice Pocket Park~ T.his section apolies to any anim.al the person owns~ possesses" controls.. directs~ .harbors or accomnanies" and it applies to all parts of the above-described areas~ including any street areas.. park areas and other areas within such. above-described areas. (b) Certain defenses: It shall be an affirmative defense in any proceedin.g to enforce this section that at the time of the offense:- (1) th.e anim.aI. was a service animal (such as" for example.. a see.ing-eye dog)~ identified as such (for exam.ole~ .byan orange leash) and assistin~ a person who is disabled-:-m- (2) at the plinGipal ell11anGe to tL.G alGa.ih qucstion_ thelG was no sign g.lv.ilig 1.10 ti CG tllat animals w <31 e pI 0 hi b i ted in the ill Ga~ Amendment of Section 5.057 relating to number of cats and dogs. As amended on second reading 1...26-04 Sec. 5.057. Maximum number on premises. It shall be unlawful for any person to own, harbor or possess on his or her premises more than three dogs, -or three cats or any combination of dogs and cats exceeding four (i.e... the maximum cOlnbined total is four animals). Animals under -erver-the age of six months are not counted for this p umo see Amendment of Section 5.062 relating to diposal of droppings As amended on first reading 12-15~03 Sec. 5.062. Disposal of dog droppings. It shall be unlawful for any person possessin.g~ controllin€!'t directing or accompanyin~ a dog to fail or refuse to-:- (1) pick up and dispose of any dropping left by that dog't imm.ediately and in a sanitary manner:-nr- (2) Cally applOpliatc cquiplucnt 01 n.latGliaIs [01 picking up dud disposing of dog ill Oppillg.s in a sanital} mannel. This section applies everywhere within the City" but it does .not apply to a dog within. a building't area" ve.hicle~ case or compartment owo.ed or controlled by a person who also owns or controls the clof?:. It shall be the lesponsibility of each ownCl 01 pG150n ill possession of a dog to pick up and dispose. of all Chop.pings left dUling the GOUISe uf CXGlcising 01 ~ aIking tfle dog.