HomeMy WebLinkAboutOrd 1763 - animals
Ordinance No. 1763
AN ORDINANCE RELATING TO ANIMALS, INCLUDING
ENFORCEMENT; 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" Specific sections in Chapter 5 of the Code of Ordinances of the City
of West University Place are hereby amended as shown in Appendix A, which is
attached to this ordinance and made part hereof for all purposes.
Section 2. AU 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repealed to the extent of the conflict only.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 unconstitutiona' by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phras8J
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 findst determines and
declares that suffjcient 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 folJowjng its publication as provided in the City
Charter~
CONSIDERED, PASSED~ APPROVED AND SIGNED, on
p>f.
#~1,
Councllmembers Voting Aye:
Council members Voting No:
Counciimembers Absent:
Signed:
Recommended:
City Attorney
Appendix A
(containing 3 pages)
Amendment of
Section 5.002 relating to
enforcement, sse jurisdiction, etc.
Amendment as of 2,.4..04:
Sec. 5.002. Enforcement.
T.he -Police Chief, other police officers, the anitnal control officer, and other authorizGd
elnployees of the City designated bv tIle City Manager shall have tIle power and allth.ority to
enforce the provisions of this chapter. Actions of City officers and elTIoloyees under tllis Chapter
(e. e.. QrantinQ or denying: reQistrations or nerlnits) and aDDlications for inteluretations or
variances~ are subiect to the authority of the Buildings & Standards COlnl11.ission in the saIne
Inanner as analOgOllS bllitdi.ng-related action.s and applications under C11anter 6~
Amendment of '
Section 5.031 relating to
supervision of City Pound
Amendment as of 2-4-04:
Secoa 5.031" Created; animal control officer.
There is hereby created a public pound for the City~ TIle anlll1al control officer sllall be in
charge of tIle pound and shall have full charge t11ereof, subject to the supclvisioll ofihc rolice
€hief.
AlTlendment of
Section 5.057 relating to
number of cats and dogs.
Amendment as of 2~9..,04,:
Sec. 5.057. Maximum number on premises.
(a) In general. It sllalI be lUl1awful for any perSOll (or persons) to OWll, harbor or possess,
on or about l1is or l1er preluises any premises ill tile City, more tllan three dogs, tlnee cats or allY
combil1ation of dogs alld cats exceeding four (i.e., the maximulll combilled total is fOllf al1imals).
(b) Affirmative defense: It is an affirmative defense to proseclltion Ullder this section that
all of the following circumstances are present:
(1) th,e l1uluber of dogs d.oes 110t exceed tIu.ee~
(2) tIle illuuber of cats does 110t exceed three~
(3) all Januarv 1.. 2004~ eacll il1divid.ual allimal was owned., harbored lli1d
possessed 011 premises Occlloied bv tile same person (or persons):
ill no d.og or cat was added after Januarv 1~ 2004~ and
(5) all of tIle dogs alld cats were registered witll tIle City before Mav l~ 2004~
and the registratio.ns sllowed. they were oWlled bv tIle persoll (or persons)
occupying tIle premises.
(c) Counting. Allinlals ullder tIle age of six months are not COullted. for purposes of tllis
section.