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HomeMy WebLinkAbout2147 01-24-2017 ORDINANCE NO. 2147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS AMENDING CHAPTER 10, "ANIMALS," ARTICLE VI. "IMPOUNDMENT," SECTION 10-162, "DISPOSITION OF IMPOUNDED ANIMALS," OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, TO PROVIDE THAT THE CITY IS DEEMED THE OWNER OF IMPOUNDED ANIMALS NOT REDEEMED WITHIN TWO DAYS OF NOTICE TO THE OWNER OR 72 HOURS OF IMPOUNDMENT WHERE THE OWNER IS UNKNOWN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has previously adopted ordinances concerning the impoundment and disposition of certain animals in the City; and WHEREAS, recent case law suggests a city's animal control ordinances should clearly state that the city takes ownership of an impounded animal before the city takes any action to dispose of the animal by placing the animal for adoption or sale or humanely euthanizing the animal; and WHEREAS, the City Council now desires to amend the previously adopted provisions to clearly set forth the circumstances under which the City becomes the owner of an impounded animal; and WHEREAS, the City Council hereby finds and determines that the amendments set forth herein are in the best interest of the public and are adopted in furtherance of the public health, safety, morals, and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. That Article VI of Chapter 10 of the Code of Ordinances, City of Euless, Texas is hereby amended by amending Section 10-162 to read as follows: "Sec. 10-162 Disposition of impounded animal. (a) Reasonable efforts shall be made by the animal control officer to contact the owner of any animal impounded that is wearing a current vaccination tag or is fitted with a microchip; however, final responsibility for location of an impounded animal rests with the owner. Any impounded animal may be redeemed upon payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges, and other such costs as set by the animal control officer. Where the owner is known, if such animal is not redeemed within two days after notification to the owner it shall be deemed abandoned, the city shall be deemed the owner, and the animal may be placed for adoption (subject to payment of the adoption fee, rabies vaccination charges, and such other costs as set by the animal control officer) or disposed of by means approved by the animal control officer. An owner paying a vaccination fee shall be given a receipt for the vaccination payment which can be redeemed by his veterinarian by submitting the receipt. Failure to obtain the vaccination within 72 hours of reclaiming the animal shall authorize reimpoundment of the animal and/or the issuance of a citation. (b) Where the owner is unknown or cannot be located, any impounded animal that has been impounded for a period of 72 hours and has not been redeemed by the owner shall be deemed abandoned, and the city shall be deemed the owner of the animal. The city may then place the animal for adoption or sale, turn the animal over to the department of parks and recreation for display in public zoos, or dispose of by means approved by the animal control officer. (c) If an animal is placed for sale, the animal control officer shall publish in a newspaper of general circulation: (1) the description of the animal, (2) the name of the owner (if known), (3) that the sale will be for the purpose of defraying the costs of impoundment, and (4) the location, date and time of the sale. If the animal is not sold at the sale, the animal control officer may otherwise dispose of it or offer it for sale again." SECTION 2. CUMULATIVE CLAUSE: This ordinance shall be cumulative of all provisions of the Code of Ordinances, City of Euless, Texas and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABLE CLAUSE: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 the unconstitutional phrase, clause, sentence, paragraph, or section. Ordinance No. 2147, Page 2 of 3 SECTION 4. SAVINGS CLAUSE: All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of Euless, Texas or any other ordinances regulating the impoundment and/or disposition of animals that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PENALTY CLAUSE: 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, Section 1-12, Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 6. PUBLICATION CLAUSE: The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION 7. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on January 24, 2017, by a vote of 7 ayes, o nays and 0 abstentions. APPROVED: APPROVED AS TO FORM: • l/t—•-IV27(Zifr>2-e ----' Linda astir, Mayer Wayne K. Olson, City Attorney ATTEST: t f __Kii,.. Kim Sutter, TRMC, City Secretary Ordinance No. 2147, Page 3 of 3