HomeMy WebLinkAboutOrd 1590 - dogs and cats
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Ordinance No. 1590
AN ORDINANCE RELATING TO DOGS AND CATS; 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. Sections 5.065 and 5.068 of the Code of Ordinances of the City
of West University Place, Texas are hereby amended, and Section 5.066 is added
to the Code of Ordinances, all as set out in Appendix A which is attached and
made a part of this ordinance.
Section 2. This ordinance applies from and after its ~ffective date. Any
violations committed before the effective date ar~ governed by the ordinances in
effect before the effective date, and they are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the. conflict only.
Section 4. Ifany 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 5. The City Council officially fmds, 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 Me~tings 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.
Section 6. This Ordinance shall take effect on the tenth day following its
publication, as provided in the City Charter.
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PASSED AND APPROVED ON FIRST READING, this 13~ay of d If._
, 19~ ~
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND~. VED ON SECOND AND FINAL READING, this
A7A day of . , 199~ '
Councilm ber Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor
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Appendix A
Sec. 5.065. Cat and dog registration.
(a) Required. It shall be unlawful for any person to own, harbor or possess
in the City a dog or cat if: (i) there is no current registration in effect for the
animal as required by this section, or (ii) permanent identification is not attached to
the animal as required by this section.
(b) EX(J{J!9tions. This section does not apply to: Certain defenses. It is an
affIrmative defense to prosecution under this section that the dog or cat was:
(1) Dogs or cats under the age of four months;-#' and kept within a
sufficient enclosure; or
(2) Dogs or cats owned by, or in custody or under the control of
persons who are non-residents of the City, traveling through the
City, or temporarily sojourning therein for a period not
exceeding thirty days; or
(3) Dogs or cats brought to the City exclusively for the purpose of
entering the same in any show or exhibition, and ~.vhich an~
actually entered in and kept at such show or exhibition.
(c) Issuance, term andfees. The animal control officer is responsible for
registration and permanent identification methods.. Each registration including
permanent identification shall be in effect indefinitely, unless revoked or
suspended as provided in thischaoter. for failure to pro"dde current vaccination
records. All other registrations and licenses expire after March31, 1998. Fees are
set by the City Council, and they may be higher for animals not spayed or
neutered.
(d) Permanent Identification Methods. Upon payment of the registration
fee, the animal control officer shall furnish a permanent identification for the
animal to indicate: (i) payment of the license fee, and (ii) a serial number. The
animal control officer shall prescribe methods for permanent identification, which
may include:
(1)
a tag of distinctive design which must be securely attached by a
collar around the neck ora harness around the neck and body,
an implanted microchip,
(2)
Appendix A
Page A-I
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(3) a tattoo in a standard location; or
(4) other permanent method for identification.
Sec. 5.066. Registrations; suspension or revocation of registrations.
(a) In general. Registrations are subiect to the same rules as permits undg
Chapter 6 of this Code. The issuing official is the animal control officer~ and,
appeals are heard Qythe Building & Standards Commission. The owner or
harborer of an animal may appeal anvaction orthe animal control officer relating
to a registration.
(b) Suspension or revocation. . The animal control officer may suspend...m:
revoke the re~istration of anv dog or cat. if:
(l) the animal's rabies immunization is not kept currentanq
effective. or
(2) proof of vaccination is not timely given to the animal control
officer as requiredhYthis chapter. or
(3) in the case ora conditional dog registration. one or more of the
conditions is violated. or
(4) suspension or revocation is otherwise authorized ~ the genera~
rules for permits set out in Chapter 6.
Sec. 5.067. [Reserved.]
Sec. 5.068. Barking dogs prohibited.
(a) Prohibition. It shall be unlawful for any person to own, harbor, keep (on
or about premises under the person's control) or possess any dog which by, loud
or unusual barking or howling, either:
ill eauses disturbs the peace and quiet of the neighborhood, or
ill woulddisturhapersonof ordinary sensitivity residing adiacent
to the place where the barkin~ or howlin~ occurs the. occupants
of adjaeentpremises to be disturbed or reasonably liable to be
disturbed. duringan'l residential quiet hours established Qy ~
City Council.
(b)Affirmative defense. It is an affirmative defense to prosecution under this_
section that:
Appendix A
Page A-2
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Appendix A
Pag~ A-3
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