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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 AU ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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.