Loading...
HomeMy WebLinkAbout2260 09-08-2020 ORDINANCE NO. 2260 AN ORDINANCE AMENDING CHAPTER 10, "ANIMALS,"OF THE EULESS CODE OF ORDINANCES BY AMENDING ARTICLE VI "IMPOUNDMENT," SECTION 10-168 "ADOPTION OF DOGS OR CATS," PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, has the legal authority to revise the Euless Code of Ordinances; and WHEREAS, the City Council of the City of Euless, Texas, finds that the public safety, health and general welfare will be better protected by the following revisions to the Code of Ordinances; and WHEREAS, the City Council of the City of Euless, Texas, desires to amend the Euless Code of Ordinances in the manner hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Chapter 10, "Animals", Article VI, "Impoundment", Section 10-168, "Adoption of Dogs or Cats," be amended to hereafter be and read in its entirety as follows: Sec. 10-168 Adoption of dogs or cats The animal control officer shall be authorized to place for adoption dogs or cats impounded by the city under the following conditions: 1) The animal control officer shall be the sole judge as to whether a cat or dog is healthy enough for adoption, and its health and age adequate for vaccination. However, such decision by the animal control officer shall not constitute a warranty of the health or age of the animal. 2) The adoption fee will be as set forth in section 30-4(g). All dogs and cats which are adopted through the city animal shelter shall be surgically altered to prevent reproduction in that animal. Immature dogs and cats shall be altered by the date designated in the adoption agreement or a citation will be issued. 3) Should a person wanting to adopt an animal desire to take the adopted animal to a veterinarian of their choice for rabies vaccination or spay and neutering, the name, address and phone number of the veterinarian shall be provided to the Animal Control Officer prior to adoption. Proof of rabies vaccination, spay and neutering must be returned to the city animal shelter within 30 days. Failure to provide proof of surgical alteration can and will result in the issuance of a citation. 4) Failure to comply with this section or failure to comply with the terms of the agreements provided for in this article shall give the animal control officer the right to recover and impound the adopted animal in question and to render the vaccination receipt and the adoption contract null and void. Such failure shall also constitute a violation of this chapter. 5) Confidentiality. It is expressly provided that the personal information about any individual that executes a sterilization and vaccination agreement and/or adoption agreement with the city shall remain confidential and shall not be subject to public disclosure to the extent allowed by law. This personal information shall include the identity of the adopting person or new owner, that person's address, telephone number, driver's license number, or other personally identifying information. Further, such other information as may be declared confidential by state or federal law including the provisions of V.T.C.A., Health and Safety Code chapter 826 as amended, shall not be subject to public disclosure. SECTION 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. PENALTY FOR VIOLATION. It shall be a violation of this ordinance to conduct any activity or commence any use for which payment of a fee is required under Chapter 30 of the Code of Ordinances until such fee has been paid. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Ordinance No. 2260, Page 2 of 3 SECTION 4. SAVINGS CLAUSE. That applicable chapters of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12, of the Euless City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force from and after October 1, 2020, and as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on September 8, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Linda M rtm, Mayor C11(_'4_,t7"--(."7- 72- 1' ATTEST: utter TRMC, CMC, City Secretary ''''')APPROVED AS TO FORM: 14-Ce.Q_ Wayne K. Olson, City Attorney Ordinance No. 2260, Page 3 of 3 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror i Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account k I Ad Number I Identification I PO Amount I cols 600565 0004751436 ORDINANCE NO.2260 AN ORDINANCE AMENI i $43.16 1 53.00 Li Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State,this day personally appeared VICTORIA ORDINANCE NO.2260 RODELA, Bid and Legal Coordinator AN ORDINANCE AMENDING CHAPTER 10, "ANIMALS,"OF for the Star-Telegram, published by THE EULESS CODE OF ORDI- NANCES BY AMENDING ARTI- the Star-Telegram, Inc. at Fort Worth, CLE VI "IMPOUNDMENT," SEC- ORDINANCE NO.2260 in Tarrant Count Texas;and who. TION 10-168 "ADOPTION OF AN ORDINANCE AMENDING y DOGS OR CATS,"PROVIDING A CHAPTER 10, "ANIMALS,"OF after being duly sworn, did depose SEVERABILITY CLAUSE; PRO- THE EULESS CODE OF ORDI VIDING A PENALTY FOR VIOLA- NANCES BY AMENDING ARTI- and say that the attached clipping of TIONS; PROVIDING A SAVINGS CLE VI "IMPOUNDMENT," SEC- CLAUSE;PROVIDING FOR PUB- TION 10-168 "ADOPTION OF an advertisement was published in LICATION IN THE OFFICIAL DOGS OR CATS,"PROVIDING A NEWSPAPER; AND PROVIDING SEVERABILITY CLAUSE; PRO- the above named paper on the listed AN EFFECTIVE DATE. VIDING A PENALTY FOR VIOLA- SECTION 3. TIONS;PROVIDING A SAVINGS dates: PENALTY FOR VIOLATION Any CLAUSE; PROVIDING FOR PUB- person,firm,or corporation vio- lating any of the terms and pro- NEWSPAPER; AND PROVIDING visions of this ordinance shall AN EFFECTIVE DATE. be deemed guilty of a misde- meanor, and upon conviction SECTION 3. thereof shall be fined in accord- PENALTY FOR VIOLATION Any 2 Inseton(s) ante with Chapter 1, "General person,firm,or corporation vio- Provisions,"Section 1-12,"Gen- lating any of the terms and pro- eral Penalty," Euless Code of visions of this ordinance shall Published On: Ordinances. Each such violation be deemed guilty of a misde- shall be deemed a separate of- meanor, and upon conviction September 10,2020,September fense and shall be punishable as thereof shall be fined in accord- 11,2020 such hereunder. ante with Chapter 1, "General SECTION 5. Provisions,"Section 1-12,"Gen- PUBLICATION CLAUSE.The cap- eral Penalty," Euless Code of tion, penalty clause, and effec- Ordinances. Each such violation !• '4•, tive date clause of this ordi- STEFANI SCOTT BEARD Hance shall be published in a shall be deemed a separate of- =a?•' "s newspaper l general circulation fense and shall be punishable as +: •: MY Nowt ro#13176M1 in the City of Euless, in compli- such hereunder. SECTION 5. ', 20� ante with the provisions of Arti- PUBLICATION CLAUSE.The cap- 'OP �Iles October 23' cle 11, Section 12 of the Euless tion, penalty clause, and effec- City Charter. tive date clause of this ordi- SECTION 6. EFFECTIVE DATE. This ordi- narice shall be published in a nance shall be in full force and newspaper of general circulation effect from and after its pas in the City of Euless,in compli- sage, as provided by the Euless ante with the provisions of Arti- City Charter and the laws of the cle II, Section 12 of the Euless State of Texas. City Charter. V& PRESENTED AND PASSED ON SECTION 6. FIRST AND FINAL READING at EFFECTIVE DATE. This ordi- (Principal Clerk) a regular meeting of the Euless nance shall be in full force and City Council on September 8, effect from and after its pas- SUBSCRIBED AND SWORN TO 2020, by a vote of 7 ayes, 0 sage,as provided by the Euless nays,and 0 abstentions. City Charter and the laws of the BEFORE ME,THIS 11 th day of State of Texas. PRESENTED AND PASSED ON September in the year of 2020 FIRST AND FINAL READING at a regular meeting of the Euless City Council on September 8, 2020, by a vote of 7 ayes, 0 nays,and 0 abstentions. Notary ublic- Extra charge for lost or duplicate affidavits. Legal document please do not destroy!