HomeMy WebLinkAbout1878 06-08-2010 ORDINANCE NO. 1878
AN ORDINANCE AMENDING CHAPTER 10, "ANIMALS",
OF THE EULESS CODE OF ORDINANCES BY
AMENDING ARTICLE 1, x'IN GENERAL", SECTION W2,
"DEFINITIONS", SECTION 10.4 "AUTHORITY TO
DESTROY CERTAIN ANIMALS", AND SECTION 10-7
"PROHIBITED ANIMALS"; AMENDING ARTICLE II,
"ADMINISTRATION". SECTION 10-36, "ANIMAL
CONTROL OFFICER-DUTIES"; AMENDING ARTICLE III,
"CARE AND 0ONTROV, SECTION 10-", "ANIMAL
CARE"; AMENDING ARTICLE III, "CARE AND
CONTROL", BY RENUMBERING EXISTING SECTIONS
10-72, 10-73 AND 10-74 AS SECTIONS 10-73, 10-74 AND
10-76; AMENDING ARTICLE III, "CARE AND CONTROL".
BY THE DELETION OF SECTION W71, "VICIOUS
ANIMALS" AND BY THE ADDITION OF SECTION 10-71,
""DOGS OR ANIMALS THAT ATTACK PERSONS OR
DOMESTIC ANIMALS", AND SECTION 10-72
"DANGEROUS DOGS"- AMENDING ARTICLE III, "CARE
AND CONTROLIN, BY THE ADDITION OF SECTION 10-76,
"BEES"; AMENDING ARTICLE VI "IMPOUNDMENT".
SECTION 10468 "ADOPTION OF DOGS OR CATS" TO
INCLUDE CONFIDENTIALITY PROVISIONS; AMENDING
CHAPTER 30 "FEES", SECTION 304, "ANIMALS" TO
ADD A NEW SUBSECTION FOR "DANGEROUS DOG
REGISTRATION FEES"; PROVIDING A PENALTY FOR
VIOLATION THEREOF, PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless has the legal authority to revise
the Euless Code of Ordinanoes, and
WHEREAS, the City Council of the City of Euless, Tex finds that the public
salW 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
ESS,TEXAS;
SECTION t
THAT Chapter 10, "Animals, Article 1, "in General"Section 10-2, ODefinitlone, of
the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended
by the addition of the following definitions:
Dog means a domesticated animal that is a member of the canine family,
Dangerous Dog means a dog that (a) makes an unprovoked attack on a
person or an animal that causes bodily injury and occurs in a place other
than an enclosure in which the dog was being kept and that was
reasonably certain to prevent the dog from leaving the enclosure on its
own; or(b) commits unprovoked accts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause a
person to reasonably believe that the dog will attack and cause bodily
injury to that person or his animal.
Serious bodily injury means an injury characterized by severe We wounds
or severe ripping and tearing of muscle that would cause a reasonably
prudent person to seek treatment from a medical professional and would
require hospitalization without regard to whether the person actually
sought medical treatment.
Bodily injury has the meaning assigned under Section 1.07 of the Texas
Penal Code.
SECTION 11
THAT Chapter 10, "Animate, Article 1, "In General" Section 10-4, "Authority to
Destroy Certain Animals", of the Code of Ordinances of the City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows:
Sec. Authority to Destroy Certain Animals.
Any peace officer, health officer, licensed veterinarian or animal control officer may kill
any dog, cat or other animal suspected of having rabies and any vicious animal.
SECTION III
THAT Chapter 10, "Animals",Article 1, "In General' Section 10-7, "Prohibited
Animals", subsection 1 "Class repfilla*of the Code of Ordinances of the City of Euless,
Texas, as amended, be hereby amended to hereafter be and read as follows:
(1) Glass repfifla:
Ordinance No. 1878, Page 2 of 15
a. Family heloderrrratidae (the venomous lizards) and all varanklae
(monitor).
b. {order ophidia, family biodae (boas, pythons, anacondas); family
hydrophlidae (marine snakes); family viperidae (rattlesnakes, pit vipers
and true vipers); family elapidae (coral snakes, cobras and mambas),
family colubridae-dispholidus typus (boornslang); bioga dendrophila
(mangrove snake) and kirtlandli (twig snake)only.
c. Order crocodilia (such as crocodiles and alligators).
d. Order Testudines(all turtles).
SECTION IV
AT Chapter 14, "Animals", Article 11, "Administration", Section 10-36, °Animal
Control car- iee, of the Code of Ordinanoes of the City of Euless, Texas, as
amended, be hereby amended to hereafter be and read as follows.
Sao. 10-36. Animal control officer--Duties.
it shall be the duty of each animal control officer under the supervision of the City
Manager to carry out all applicable provisions of this chapter and to pick up and
impound all animals found to be in violation of this chapter.
SECTION V
THAT Chapter 10, 'Animals", Article III, "Care and Control", Section 10-65,
"Animal Care", of the Code of Ordinances of the City of Euless, Taxes, as amended, be
hereby amended by amending subsection (4) thereof, and by the addition of a new
subsection(0) to hereafter be and react as follows:
(4) A person shall willfully wound,trap, maim or cripple by any method
any animal, bird or fowl. It shall also be unlawful for a person to kill
any animal, bird or fowl within the city.
(0) A person leaves an animal in a vehicle for more than two (2) hours or
less than two (2) hours if, in the opinion of the Animal Contra Officer
can the scene, the ambient humidity and temperature conditions
oreats a danger to the animal's health and welfare. Animal Control
Om-inance Aim 1878, Page 3 of 15
shall remove the animal from the vehicle after notifying the Euless
Police Department Any costs associated with such removal shall be
assessed against the owner of the animal, and must be paid before
the animal will be released to the owner. A notice to the operator of
the vehicle shall be placed in the vehicle advising Me operator of the
vehicle that the animal has been impounded and the location where
the animal is Impounded.
SECTION VI
THAT Chapter 10, °Animals°, Article Ill, aCare and Control," of the Code of
Ordinances of the City of Euless, Texas, as amended, be amended by renumbeting
existing Section 10-72"Guard dogs"to Section 10-73; renumbering existing Section 10-
73°Defecation of animals on public and private property, failure to remove and disposie
of excrete' to Section 10-74, and renumbering existing Section 10-74 "Registration of
dogs and cats"to Section 10-75, and further amending Chapter 10, "Animas",Article lit"
"Care and Control,' of the Code of Ordinances of the City of Euless, Texas, as
amended, by the deletion of Section 10-71, "Vicious Animal" and by the addition of a
new Section 10-71, "Dogs or Animals That Attack Persons or Domestic An" is and a
new Section 10-72 'Dangerous Dogs,to hereafter be and read as fellows:
Section 10-71. Dogs or Animals That Attack Persons or Domestic Animals.
(a) Determination that a Dog or Animal Has Attacked a Pemn or
Domestie Animal
(1) Upon receipt of a swam complaint by any person to the Municipal
Court that a dog or animal has caused the death of or serious
bodily injury to a person or domestic animal by attacking, biting or
mauling the person and on the showing of probable cause to
believe that the dog or animal caused the death of or serious bodily
injury to the person as stated in the complaint, the Municipal Court
shall issue a warrant authorizing Animal Control to seize the dog or
animal in question,
(2) Upon receipt of the warrant from the Municipal Coat, Animal
Control shall seize the dog or animal and impound the dog or
animal in secure and humane conditions until the Municipal Court
orders the disposition of the dog or animal.
(3)The Municipal Court shall set a time for a hearing to determine
whether the dog or animal caused the death of or serious bodily
injury to a person or domestic animal by attacking, biting or mauling
the person or domestic animal. The hearing must be held not later
Ordinance No. 1078, Page 4 of 15
than the 1&day after the data on which the warrant for seizing the
dog or animal was Issued. The Municipal Court shall give written
notice of the time and place of the hearing tot
(A)The owner of the dog or animal or the person from wham the
dog or animal was seizedL
(B)The person who made the sworn complaint.
(4)Any interested party may present evidence at the hearing.
(5) The Municipal Court may make any determination regarding the
disposition of the dog or animal that is permitted under Chapter 822
of the Texas Health and Safety Code which includes determining
that the drag or animal is not a dangerous dog or animal,
determining that the dog or animal is a dangerous dog or animal
and should be released to the owner and the owner be ordered to
comply with the requirements for the owner of a dangerous dog as
contained in Section 822 of the Texas Health and Safety Code and
this Code, determining that the clog or animal is a dangerous dog or
animal and must be removed from the City of Euless, or
determining that the dog or animal caused the death of or serious
beadily injury to a person or domestic animal by attacking, biting or
mauling the person or domestic animal and that the dog or animal
must be destroyed.
(b) Defenses. The Municipal Court shall consider the applicable defenses
contained in Section 822 of the Texas Health and Safety Code.
(c) Attack by a Dog or Animal
(1)A person commits an offense if the person is the owner of a clog or
animal and, with criminal negligence, faits to secure the drag or
animal and the dog or animal snakes an unprovoked attack on
another person or animal that occurs at a location other than the
owner's real property or in or on the owner's motor vehicle or boat
and that causes serious bodily injury or death to the rather person or
animal.
(2)A person commits an offense if the person is the owner of a dog or
animal that the Municipal Court hesdetermined is a dangerous dog
or animal, or otherwise been designated a dangerous animal under
Chapter 822, Texas Health and Safety Code or this Chapter, and
the dog or animal makes an unprovoked attack on another person
or animal that occurs at a location other then a secure enclosure in
which the clog is restrained in accordance with Section 10-72 and
Orrtinence Na, 1878, page 6 of 15
that causes serious bodily injury or death to the other person or
animal.
(3)An offense under this section is a Class C misdemeanor if the
attack is on another animal. If the attack is on a person, such
offense is a felony in the third degree unless the attack causes
death, in which event the offense is a felony of the second degree,
and such felony offense shall be prosecuted by the Tarrant County
District Attorney In the Criminal Courts of Tarrant County, Texas,at
the discretion of said District Attorney.
(4) if a person is found guilty of any offense under this section, the
Municipal Court may order the dangerous dog or animal destroyed.
(8) The Municipal Court may consider the defenses to prosecution
contained in Section 822.006 of the Texas Health and Safety Code.
Sec. 10-72. Dangerous Dogs.
ta) Requirements for owners of dangerous dogs,
(1) Not later than the 30th day after a person learns that the person Is
The owner of a dangerous dog, the person shall:
(I) Register the dangerous dog with the Euless Animal Control
Department;
(ii) Restrain the dangerous dog at all times on a leash in the
immediate control of a person or In a secure enclosure, as
defined by Section 822.041, Texas Health and Safety Code;
(W) Obtain liability insurance coverage or show financial
responsibility in an amount of at least $100,000 to cover
damages resulting from an attack by the dangerous drag
causing bodily injury to a person and provide proof of the
required liability insurance average or financial
responsibility to the animal control officer for the area in
which the dog is kept; and
(iv) Comply with all applicable City or State regulations,
requirements, or restrictions on dangerous dogs.
(v) In addition to or in lieu of the foregoing, the Animal Control
Officer may order that the dog be permanently removed from
the City within said 30 day period.
OrMance ft 1878 Pap 6 of 15
(2) The owner of a dangerous dog who does not comply with
subsection (1) shall deliver the dog to the animal control officer not
later than the 30th day after the owner teams that the dog is a
dangerous dog.
(3) if the municipal court finds„ after notice and hearing provided by
subsection (d), that the owner of a dangerous dog has fallen to
comply with subsection (1) or (2), the court shall order the animal
control officer to seize the dog and shall issue a warrant authorizing
the seizure. The animal control officer shall seize the dog or carder
its seizure and shall provide for the impoundment of the clog in
secure and humane conditions,
(4) The owner shall pay any cost or fee assessed by the City related to
the seizure, acceptance, impoundment, or destruction of the dog.
(5) The court shalt order the animal control officer to humanely des
the dog if the owner has not complied with subsection (1) before
the 11th day after the date on which the dog is seized or delivered
to the animal control officer.The court shall order the animal control
officer to return the dog to the owner if the owner complies with
subsection (1) before the 11th day after the date on which the dog
is seized or delivered to the authority.
(6) The court may order the humane destruction of a dog if the owner
of the dog has not been located before the 15th day after the
seizure and impoundment of the dog.
(T) For purposes of this Subsection, a person teams that the person is
the owner of a dangerous dog when:
(1) the owner knows of an attack described by the definition of
Dangerous bog as contained in this Chapter;
(ii) the owner received notice that a justice court, county court,
or municipal court has found that the dog is a dangerous
dog; or
(iii) the owner is informed by the animal control officer that the
dog is a dangerous dog under this section.
(b) Determination that dog is dangerous.
Onfinaftog W 1878, Noo 7 of 1
(1) If a person reports an incident described by the definition of
Dangerous Dog as contained in this Chapter, the animal control
officer may investigate the incident. If the animal control officer
determines the dog is a dangerous dog, the officer shall notify the
owner of that fact. The animal control officer, at his discretion, may
also notify the owner that the owner must comply with the
requirements for the owner of a dangerous dog as contained in
Section 822 of the Texas Health and Safety Code, or that dog must
be permanently removed from the City, or that it be humanely
destroyed, within 15 days of the date of said notice unless the
owner appeals the determination under subsection (2).
(2) An owner, not later than the 15th day after the date the owner is
notified that a dog awned by the owner is a dangerous dog, may
appeal the determination of the animal control officer to the
municipal court.
(o) Reporting of incident
(1) A person may report an incident described by the definition of
Dangerous Dog as contained in this Chapter to the Municipal Court.
The owner of the dog shall deliver the dog to the animal control
officer not later than the fifth day after the date on which the owner
receives notice that the report has been filed, The animal control
officer may provide for the impoundment of the dog in secure and
humane conditions until the court orders the disposition of the dog.
(2) If the owner fails to deliver the dog as required by subsection (1),
the court shall order the animal control officer to seize the dog and
shall issue a warrant authorizing the seizure. The ammal control
officer shall seize the dog or order its seizure and shall provide for
the impoundment of the dog in sure and humane conditions until
the court orders the disposition of the dog. The owner shall pay any
cost incurred in seizing the dog.
(8) The court shall determine, after notice and hearing as provided in
subsection (d), whether the dog is a dangerous dog.
(4) The court, after determining that the dog is a dangerous dog, may
order the animal control officer to continue to impound the
dangerous dog in secure and humane conditions until the court
orders disposition of the dog under subsection (a) and the dog is
retumed to the owner, ordered to be permanently removed from the
City, or destroyed.
OrdWance t, la 78, Page 8 of i5
(5) The owner shall pay any cost or fee associated with the continued
impoundment under subsection (c)(4).
(8) The City of Euless, by the adoption of this subsection, hereby
elects to be governed by Section 82 0422 of the Texas Health and
Safety Code.
(d) H ing_
(1) The court, on receiving a request fora dangerous dog hearing shall
set a time for a hearing to determine whether the dog is a
dangerous dog or whether the owner of the clog has complied with
subsection (a). The hearing must be held not later than the 10th
day after the date on which the dog is seized or delivered.
(2) The court shall give written notice of the time and place of the
hearing to:
A. the owner of the dog or the person from whom the dog was
seized, and
B, the person who made the complaint.
(3) The owner or ether person from wham the dog was ized must
open the evidence and present competent evidence that the dog is
not a dangerous dog under the ordinance.
(4) Any interested party, including the city attorney, is entitled to
present evidence at this hearing.
(5) Appeal. The owner of a dog or the person making the complaint
may appeal the decision of the Municipal Court in the manner
provided for the appeal of uses from the Municipal Court.
je) Registration.
(1) The animal control officer shall annually register a dangerous dog if
the owner presents proof of
A. liability insurance or financial responsibility, as required by
subsection (a),
B. current rabies vaccination of the dangerous dog, and
C. the secure enclosure in which the dangerous drag will be kept
and
Ordinance ft. 1878, Pages of 15
D. payment of an annual registration fee as set forth in Section 30-
4 of this Code.
(2) The animal control officer shall provide to the owner registering a
dangerous dog a registration tag. The owner must place the tag on
the dog's collar.
(3) if an owner of a registered dangerous dog sells or moves the dog to
a new address, the owner, not later than the 94th day after the date
of the sale or move, shall notify the animal control authority for the
area in which the new address is located. On presentation by the
current owner of the dangerous dog's prior registration tag and
payment of a fee as set forth in Section 30.4 of this Code, the
animal control officer shall issue a new registration tag to be placed
on the dangerous dog's collar.
(4) An owner of a registered dangerous dog shall notify the office in
which the dangerous dog was registered of any attacks the
dangerous dog makes on people.
(t) Attack by dangerous dog.
(1) A person commits an offense if the person is the owner of a
dangerous dog and the dog makes an unprovoked attack on
another person or domesticated animal outside the dog's enclosure
and causes bodily injury to the ether person or domesticated
animal.
(2) An offense under this section Is a Class C misdemeanor„ unless the
attack causes serious bodily injury or death, in which event the
offense shall be prosecuted under Section 10-71 of this Chapter.
(3) if a person is found guilty of an offense under this section, the court
may order the dangerous dog destroyed by a person listed in
Section 822.004, Texas Health and Safety Code.
(g) Violations.
(1) A person who owns or keeps custody or control of a dangerous dog
commits an offense if the person falls to comply with subsection (a)
or(c)(1).
(2) Except as provided by subsection (3), an offense under this section
is a Class C misdemeanor.
Ordbatica W 1878,Page 10 of 16
(3) An offense under this section is a Class 8 misdemeanor if it is
shown on the trial of the offense that the defendant has previously
been convicted under this section.
{h) Defenses.
(1) it is an affirmative defense to prosecution under subsection (f) or
(g) that the person is a veterinarian, a peace officer, a person
employed by a recognized animal shelter, or a person employed by
the state or a political subdivision of the state to deal with stray
animals and has temporary ownership, custody, or control of the
dog in connection with that position.
(2) It is an affirmative defense to prosecution under subsection (f) or
(g) that the person is an employee of the institutional division of the
Texas Department of Criminal Justice or a law enforcement agency
and trains or uses dogs for law enforcement or corrections
purposes.
( ) It is an affirmative defense to prosecution under subsections (# and
(g) that the person is a clog trainer or an employee of a guard dog
company under Chapter 1702, Occupations Code.
{i) Authority to Impound or Destroy not Impaired.
Nothing contained in this Section or in this Chapter 10 shall Impair, restrict or
remove the authority of an animal control officer or a peace officer to immediately
impound, or to destroy if impoundment cannot be done safely, any animal whose
behavior or condition presents an immediate danger to a person or domestic
animal, and such authority is hereby preserved and confirmed.
U) Additional Authority Concerning Animals That Site Persons.
In addition to any other authority conferred by this Code or other law, an An; I
Control Officer or a Peace Officer shall have the authority to immediately seize
and impound any animal that bites a person. If the animal is a dog, and the
Animal Control Officer determines that it should be designated as a Dangerous
Dog, the Officer shall notify the owner of such designation as provided in
subsection (b) of this section. In addition to or in lieu of designating the dog a
Dangerous Dog, the Officer, in his discretion, may also notify the owner that the
dog must be permanently removed from the City, or that it must be human*
destroyed, within 15 days of the date of said notice unless the owner appeals the
determination under subsection(b) (2) and (d). If the animal is not a dog, the
Officer, in his discretion, may also notify the owner that the animal must be
permanently removed from the City, or that it must be humanely destroyed,
Ordina ee N4. 1878, Page 4 f or 16
within 15 days of the date of said notice unless the owner appeals the
determination under subsection(b) (2)and (d).
SECTION VII
THAT Chapter 10, "Animals", Article Ill, "Care and Control", of the Code of
Ordinances of the City of Euless, Texas, as amended, be amended by the addition of
Section 10-76, "Bees", to hereafter be and read as fellows:
Section 1076. Bees.
(a) It shall be unlawful to keep bees in such a manner as to deny any
person the reasonable use and enjoyment of adjacent property or
endanger the personal health and welfare of the inhabitants of the City
of Euless.
(b) Upon receipt of a sworn complaint by any person, including the City
Attorney or a peace officer, to the Municipal Court that bees are being
kept in a manner that denies the reasonable use and enjoyment of
adjacent property or endangers the personal health and welfare of the
inhabitants of the City of Euless, the Municipal Court shall set a time
for a hearing to determine whether the bees are being kept in violation
of this ordinance. The hearing shall be held not later than thelbth day
after the Judge of the Municipal Court receives and reviews the
complaint.
(c) The municipal Court shall give written notice of the time and place of
the hearing to:
(1)The owner of the bees or the person maintaining the bees.
(2)The person who made the sworn complaint.
(d) Any interested party, including the City Attorney, may present evidence
at the hearing.
(e) If the Municipal Court determines that the bees deny to any person the
reasonable use and enjoyment of adjacent property or endanger the
personal health and welfare of the Inhabitants of the City of Euless,the
Municipal Court shall order the bees removed from the property♦ upon
receipt of such carder, the owner or person maintaining the bees shall
remove the bees within 10 calendar days of the orders Failure to
comply with the Municipal Court order shall constitute a separate
violation of this Code for each day of non-compliance, and in addition,
any No.
1878, PVe 12 Of 15
the City of Euless may contract for the removal of the bees and charge
the owner or person maintaining the bees for such removal"
(f) A violation of this Section shall be considered a violation of an
ordinance governing public health and safety, and the enhanced
remedies provided for such violations in Section 1-12 of this code shall
apply, and no person shall ever acquire a vested right to use his
property in violation hereof.
SECTION hill
THAT Chapter 10, "Animals", Article VI, "Impoundment", Section 10-3168,
"Adoption of Dogs or Cats*, of the Code of Ordinances of the City of Euless, Texas, as
amended, be hereby amended by the repeal and replacement of subsections (2) and
(4) thereof, and by the addition of a new subsection (7) "Confidentiality" thereto, to
hereafter be and read as follows:
(2) All dogs and cats which are adopted through the city animal shelter 11
be surgically altered to prevent reproduction in that animal. The fee for
spaying or neutering animals will be collected according to the fee
schedule (Sec. ). The animal(s)will be transported by City of Euless
Animal Shelter personnel to a local veterinarian. The animal to be
adopted may be claimed at the local veterinarian office. Should a person
wanting to adopt an animal desire to take the adopted animal to a
veterinarian of their choice, a refundable deposit will be required (Sec. 30-
4). Proof of surgical alteration must be returned to the City of Euless
Animal .Shelter, at which time a request to refund the deposit will be
submitted to the City of Euless Finance Department. Failure to provide
proof of surgical alteration will result in loss of the deposit and issuance of
a citation, Immature dogs and cats shall be altered by the date
designated In the adoption agreement or a citation will be issued.
(4) The adoption fee will be as set forth in Section 30-4(j). In addition to the
adoption fee, if a dog or cat is not currently rabies vaccinated, the
adopting person shall be charged for a rabies vaccination as set forth in
Section 30-4(c) for the issuance of a receipt, which the adopting person
shall present to a veterinarian in the county within three (3) days for
vaccination of the adopted dog or cat. The veterinarian may present the
recut with a statement verifying the vaccination to the animal control
officer for reimbursement of the prepaid fee for administering the rabies
vaccination.
Ordtnanm ft 1874 Pago 13 of 16
(7) 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. This personal
information shall include the Identity of the adopting person or new er,
that person's address, telephone number, drivers 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 Chapter 826 of the Texas Health and Safety Code, as
amended, shall not be subject to public disclosure.
SECTION IX
THAT Section 30-4 "Animals" of Chapter 30, "FEES" of the Code of Ordinances
of the City of Euless, Texas, as amended, be hereby amended by the addition thereto of
a new subsection (1) "Dangerous Clog Registration", which new subsection shall
hereafter be and read as follows:
(1) Dangerous Dog Registration:
Dangerous Dogs kept within City, per year..t.................150.00
Dangerous Dogs sold to or moved to another address
within the City, per move......... ......---$25.00
SECTION X
PENALTY FOR VIOLATION. Any person, firm or corporation vkAeting 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, Section 1-12,
Euless Code of Ordinances. Each day that such violation exists or continues shall be
deemed a separate offense and shall be punishable as such hereunder.
SECTION X1
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" court of corWetent 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 sections.
Ordinance Ata 1876,Page 14 of 16
SECTION XII
SAVING CLAUSE, That Chapters 10 and 30 of the Code of Ordinances, City of
Euless, Texas, as amended, shall be in full farce and effect, except as expressly
amended hereby,
SECTION X111'
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication by the City Charter and the laves of the State of Texas,
PRESENTED AND GIVEN FIRST AND FINAL. READING AND APPROVED at
regular meeting at the Euless City Council on the _8 ct1day of ,dune 2010 by a
vote of 7 ayes, v nays, and a abstentions,
APPROVED:
Mary L.b'Saleh, Mayor
ATTEST:
f 4
usan Cnm, RC., City Secretary
APPROVED AS TO FORM, -}
Bob Mc arland, City ney
r}rdiriance No. 1878, Page 15 of 15