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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: .:.