HomeMy WebLinkAboutOrd 1813 - animals
Ordinance No. 1813
AN ORDINANCE RELATING TO ANIMALS, INCLUDING THE NUMBER
OF DOGS AND CATS; AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Section 5~057 of the Code of Ordinances of the City of West
University Place are hereby amended as shown below:
Sec. 5..057. Maximum number on premises.
(a) In general. It shall be unlawful for any person (or persons) to own, harbor or possess,
on or about any prelnises in the City, more than three dogs, three cats or any combination of dogs
and cats exceeding four (i.e., the maximum com.bined total is four aniIn als).
(b) Affirlnatlve defense. I t is an affirm ative defense to prosecution under thjs section that
all of the following cirCUlnstances are present:
(1) the number of dogs does not exceed three;
(2) the number of cats does not exceed three;
(3) on January 1, 2004, each individual anilTI aI was owned, harbored and
possessed on premises occupied by the saIne person (or persons);
no dog or cat was added after January 1, 2004; and
all of the dogs and cats were registered with the City before May 1, 2004,
and the registrations showed they were owned by the person (or persons)
occupying the prelnises~
Aninl als under the age of six tTIollths are not counted for purposes of this
(4)
(5)
(c) Counting.
section.
(d) E111ergencv ver111its A I. t is an affirm ative defense to proseclltion under this section that
an enler~ency penn it issued by the aniolal control officer authorized the keeping of the anin,als in
question.. at specified pretTI :ises~ The an in, aJ contra I officer is authoriz ed to issue such pel1TI its if
all of the following CirCU111stances are present:
ill the aniInals in question (do~s or cats only) were made hotneless by a
starin or situ ilar e.m ergency ~ and they are kept in the City tenl porarily ..
not to exceed 60 day s:
an owner of the prelTI ises has applied for the penn it and allowed the
p relTI i ses to be ins pected: and
the aniInaI control officer has inspected the pretTI ises and is cony inced
that the an iln als: (i) can be kept on the preln ises in hU.I11 ane and sanitary
conditions and (in will not adversely affect other persons_ anim als or
pretTI ises nearbv.
Any such penn it tTIust specify the prenl ises and the InaximlIln number of anhnals to be kept (dogs
or cats only). ..Each pernl it fen' ains subi ect to al'nendlnent or revocation at any tinle.
ill.
ill
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 action. 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 given.
Section 5. The public importance of this measure and the requirements of the
law create an emergency and an urgent public necessity requiring that this Ordinance
be passed and take effect as an emergency measure, and a state of emergency is
hereby declared. This Ordinance is accordingly passed as an emergency measure and
shall take effect on the tenth day following its publication as provided in the City Charter.
CONSIDERED, PASSED, APPROVED AND SIGNED, on ~~ ;:x. ,
~s.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest:
City ~. ret~ry (Seal)
Recommended: ~~
City anager
Mayor
prepared:J
City Attorney
Signed:
.:.