HomeMy WebLinkAbout1674 01-25-2005ORDINANCE NO. 1674
AN ORDINANCE AMENDING CHAPTER 10, "ANIMALS ", OF
THE CODE OF ORDINANCES OF THE CITY OF EULESS,
TEXAS, BY ADDING SUBSECTION 10 -73, "DEFECATION OF
ANIMALS ON PUBLIC AND PRIVATE PROPERTY; FAILURE
TO REMOVE AND DISPOSE OF EXCRETA," PROVIDING A
SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, currently Chapter 10, "Animals ", does not prohibit the defecation of
animals on public and private property and the failure to remove and dispose of excreta;
and,
WHEREAS, the City Council of the City of Euless desires to require the removal
and disposal of animal defecation in order to promote a healthy environment; and,
WHEREAS, the City Council has determined that the proposed ordinance is in
the best interest of the general welfare of the citizens of the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, THAT:
SECTION 1
A new Section 10 -73, "Defecation of Animals on Public and Private Property; Failure to
Remove and Dispose of Excreta" be added to Chapter 10, "Animals ", of the Code of
Ordinances, City of Euless, Texas, to hereinafter read as follows:
SEC. 10 -73. DEFECATION OF ANIMALS ON PUBLIC AND PRIVATE PROPERTY;
FAILURE TO REMOVE AND DISPOSE OF EXCRETA.
(a) An owner, harborer, or other person having care, custody, or control of an animal
commits an offense if he/she knowingly permits, or by insufficient control, allows the
animal to defecate in the city on private property or on property located in a public
place unless;
(1) the owner, harborer, or other person having care, custody, or control of the
animal immediately and in a sanitary and lawful manner remove and dispose
of, or caused the removal and disposal of, all excreta deposited on the
property by the animal;
(2) the property was owned, leased, or controlled by the owner, harborer, or
person having care, custody, or control of the animal;
(3) the owner or person in control of the property had given prior consent for the
animal to defecate on the property; or
(4) the animal was being used in official law enforcement activities.
(b) This section does not apply to an animal that is specially trained to assist a person
with a disability and that was in the care, custody, or control of that disabled person
at the time it defecated or was otherwise present on private property or on property
located in a public place
(c) A person who violates this section is guilty of violation of this chapter.
SECTION 2
Saving Clause. That Chapter 10 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 3
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 4
Penalty for Violation. 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,"
Euless Code of Ordinances. Each such violation shall be deemed a separate offense and
shall be punishable as such hereunder.
SECTION 5
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the State
of Texas.
Ordinance No. 1674, Page 2 of 3
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of
the Euless City Council on the 25th day of January, 2005, by a vote of �_ ayes, Q_
nays, and o_ abstentions.
APPROVED:
ME AR0 N/ '
ATTEST:
':�� - -
4 usan CrZ�OYV , MC, City Secretary
APPROVED AS TO FORM:
V.carlarnd, i Attorney
Ordinance No. 9674, Page 3 of 3