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HomeMy WebLinkAbout1675 01-25-2005ORDINANCE NO. 1675 AN ORDINANCE AMENDING CHAPTER 10, "ANIMALS ", OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, BY AMENDING SECTION 10 -66, "BARKING DOGS ", PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, currently Chapter 10, Section 66, "Barking Dogs ", is in need of revision to be inclusive of multiple noise and animal nuisances; and, WHEREAS, the City of Euless has expanded in such a way as to necessitate these revisions; and, WHEREAS, the City Council has determined that the proposed change 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 Section 10 -66, entitled, "Barking Dogs ", in Chapter 10, "Animals ", of the Code of Ordinances, shall be re- titled "Barking /Noise ", and shall hereby be amended to hereafter be and read as follows: SEC. 10-66. BARKING /NOISE. Any person who shall harbor or keep on his premises, or in or about the premises under his control, any animal which barks, whines, howls, crows, cackles, or makes any noise excessively and continuously, and such noise causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, shall be guilty of a violation under this chapter, and a separate offense shall be deemed committed each day during or on which such violation occurs or continues. 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. 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 5 ayes, 0 nays, and 0 abstentions. APPROVED: V� Mary Lib taleh, Mayor ATTEST: 4uZsa&nCriZ/tMC, City Secretary APPROVED AS TO FORM: l A rlan ,City Attorney Ordinance No. 1675, Page 2 of 2