0923OFFICIAL RECORD
ORDINANCE N0.923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING ARTICLE II "CONTROL
AND CARE" OF CHAPTER 4 "ANIMALS" OF THE CODE OF
ORDINANCES RELATING TO ANIMAL RESTRIANT;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, 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 desires to ensure the safe and humane care and
treatment of animals; and,
WHEREAS, the City Council desires to enact additional regulations governing
the restraint of animals which are consistent with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 4-31 "Definitions" of Division 1 "Generally" of Article II "Control and
Care" of Chapter 4 of the City Code is amended to add the following definition:
Extreme weather condition means any weather condition in which:
(1) The actual or effective outdoor temperature is below 32 degrees
Fahrenheit;
(2) A heat advisory has been issued by a local or state authority or
jurisdiction; or
(3) A tornado warning has been issued for the jurisdiction by the
National Weather Service.
SECTION 2.
Section 4-56 "Restraint" of Division 2. "Animal Control" of Article II. "Control
and Care" of Chapter 4 of the City Code is revised by amending subsection (f) and
adding subsection (g) to read as follows:
Sec.4-56. Restraint
(f) Fencing; metal chains and leashes; other devices. When on the owner's
property, and not within visual proximity and verbal control of the owner, an animal must
be confined to the premises by a substantial fence of sufficient design, density, strength
and height to prevent the animal from escaping therefrom, or secured on the premises by
a metal chain or leash sufficient in strength to prevent the animal from escaping from the
premises or any other devise suitable to ensure the animal remains on the premises of its
owner. When applicable, any manner of restraint must also conform with subsection (g)
below.
(g) Restraint of a dog. A dog must be restrained as follows:
(1) Unlawful restraint of a dog. An owner may not leave a dog
outside and unattended by use of a restraint that unreasonably
limits the dog's movement:
(i) between the hours of 10 p.m. and 6 a.m.;
(ii) within 500 feet of the premises of a school; or
(iii) in the case of extreme weather conditions
(2) Restraint which unreasonable limits movement. A restraint
unreasonably limits an dog's movements if the restraint:
(i) uses a collar that is a pinch-type, prong-type, or choke-type
or that is not properly fitted to the dog;
(ii) is a length shorter than the greater of five times the length
of the dog's nose to the base of the animal's tail; or ten (10)
feet.
(iii) is n an unsafe condition; or
(iv) causes an injury to the dog.
(3) Exceptions. Subsection (1) shall not apply to:
(i) a dog restrained to a running line, pulley, or trolley system
and that is not restrained to the running line, pulley, or
trolley system by a mans of a pinch-type, prong-type,
choke-type, or improperly fitted collar.
(ii) a dog restrained for a reasonable period, not to exceed three
hours in a 24-hour period, and no longer than is necessary
for the owner to complete a temporary task that requires the
dog to be restrained;
(iii) a dog restrained while the owner is engaged in, or actively
training for, an activity that is conducted pursuant to a
valid license issued by the State if the activity for which the
license is issued is associated with the use of presence of a
dog;
(iv) a dog restrained while the owner is engaged in conduct
directly related to the business of shepherding or herding
cattle or livestock; or
(v) a dog restrained while the owner is engaged in conduct
related to the business of cultivating agricultural products,
if the restraint is reasonably necessary for the safety of the
dog.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Southlake, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 4.
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 any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such 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 unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of any ordinances affecting curfew which 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 7.
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 8.
The City Secretary of the City of Southlake is hereby directed to publish caption,
penalty clause, and effective date clause in the official newspaper at least once within ten
(10) days after the passage of this ordinance.
SECTION 9.
This Ordinance shall be in full force and effect form and after its passage and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED on the lst reading the ~~~ day of
('~/y}'j ~,) , 200: ~
MAYOR
ATTEST: . ;..,
~° "~
Ye ~e ~v®~,e~ao®~~ f(° °e
~"n A u : ~ .
•
CITY SECRETA v : ~ ;
'•. .~ c
PASSED AND APPROVED on the 2nd reading the ~~~ day off'"°°'°°~`
~~ , 2008.
MAYOR
ATTEST: ®~~~`~; ~~~~;~-~'
e ~> .
a r F
w° ~ a
• ~~f
•
'Uo
o C ~ m
•
_~w
SECRET.
~~~
AP OV AS O ND LEGALITY:
-~ ;
CITY ATTORNEY
INVOICE ttt arlly
Star-Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 292446581
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 Invoice Date: 12/22/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
IAN - 7 2008 Due Date: 12/31/07
Bill To: PO Number: no po
CITY OF 1400 MAIN STTHLAKE OFFICE OF CITY SECRETARY Order Number: 29244658
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: STEVE MOORS Publication Date: 12/22/07
Des iic CITY OFAKE SOUTH
L , Location Col Depth Linage MU Rate Amount
Notice Is hereby given � . z, ,
b the City Council
CITY OF S, uthla e, CltTrex sf a is he I3580 I SO 80 LINE $0.81 $64.80
that a public hearing
will be held on Jan-
uary 15,2008,at 5:00
Sales Discoi p•m• or immediately ($5.00)
following the Work
Session, during the
Regular City Council
meeting to be held
Misc Fee in the City Council $5.00
Chan
Hall, 1400rs f Main
Street, Southlake
Texas. Purose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance: Net Amount: $64.80
ORDINANCE
NO. 923
AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY OF
SOUTHLAKE TEX-
AS, AMENDING
ARTICLE II "CON-
TROL AND CARE"
OF CHAPTER 4"ANI-
MALS" OF THE
CODE OF ORDI-
NANCES RELATING r ;.� CHRISTY L HO IRES
TO ANIMAL RES- .*'= MY GOMMISSIQN EXF'
TRIANT PROVIDING „ s , _ �ppB
--\
THAT THIS ORDI- i,y;, 4i Juy31r'
NANCE SHALL BE 444:1,••CUMULATIVEALL ORDINANCES;OF ----� J
PROVIDING A SEV- )
THE STATE PROVID NGCFORSA
County of T. CATIONS FHEREOF;
PROVIDING A SAV-
INGS CLAUSE,'
Before me,7 PROVIDING FOR
PUBLICATIONFOR IN for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,p PROVIDING FOR elegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached cliF PUBLICATI OFFICIALent was published in th bove named paper on the listed dates:BIDS LEGAL DEPT. STAR TELEGRAM
(817)390-7t NEWSPAPER; AND
FROVIDING N EF-
FECSEC DATE.
5.
\c,......ss, .
SECTION 5.
Any person, firm or
Signed
c SI ned
oapoationdwhoev
SUBSCRIBE omtse s neg lectom poyr
;EFORE ME,THIS Wednesda , Dee er 26,2007.
with or who resists
the enforcement of
any of the provisions
of this ordinance Notary Public
shall be haned Five
Hundred Dollars
($500.00) for each
offense. Each day
Thank Yol
that a violation is
permitted to exist!Ty'
shall constitute a
separate offense.
City of Southlake
Lori Payne
City Secretary
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 292446581
Invoice Amount: $64.80
PO Number: no po
Amount Enclosed: $
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECE�\IEp Invoice Number: 293282521
FORT WORTH,TX 76102 Invoice Date: 1/18/08
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
30 2 9 2008 Due Date: 1/31/08
Bill To: .\C 'TV S��,RG1
1400 MAIN ST
11�1 PO Number: NOPO
CITY OF SOUTHLAKE OgC O C, Order Number: 29328252
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 1/18/08
Attn DEE .FR=-EMAN
� OF SOUTHLAKE ,i i, s �
Rate.° Amount
PfS. ,I �. I' ORDINANCE
NO. 923
AN ORDINANCE OF
CITY OF SOUTHLAK OFE THE a°v"of O I3580. 1 67 67 LINE $0.81 $54.27
SOUTHLAKE TEX-
AS AMENDING
II "CON-
Sales Discount TROL ARTICLE AND CARE"
($5.00)
OF CHAPTER 4"ANI-
MALS" OF THE
CODE OF ORDI-
Misc Fee NANCES RELATING $S.00
TO ANIMAL RES-
TRIANT•PROVIDING
THATTHIS ORDI-
NANCE SHALL BE
CUMULATIVE OF
ALL ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE; Net Amount: $54.27
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
PAMPHLET FORM;
PROVIDING FOR
PUBLICATION IN __ -------
THE OFFICIAL "���
NEWSPAPER; AND ""�.,�
PROVIDING AN EF- hr�
FECTI VE DATE. "'?t+ CHRISTY L HQiLMID ( `..
SECTION 5. r: ri, MY COMMISSION EXPIRES
Any person, firm or tr. f
corpporation who vi- -+p �� July31,2008 JAN � � 'tan
olates, disobeys, 'IR)'��+�.
THEomits, neglects or
STATE OF TEXP
refuses to comply
with or who resists
County of Tarrant the enforcement of RY.
any of the provisions
of this ordinance
Before me,a Notary P more bet haned Fi )unty and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,published b cSsoo oo) for° eacn velc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an trfiain a'vlolatlondasJblished in the ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
permitted to exist
(817)390 7501 shall constitute a
separate offense. `
PASSED AND AP-
15 hVDAYTOFS THE
JAN- Signed ` i'
UARY 2008 DUR-
ING THE REGULAR
SUBSCRIBED AND S MEETING. COUNCIL/1E,THIS Tuesday, : ) ' 2008.
MAYOR: Andy /
anss I J
�
MAYOR:
City Secretar Payne, Notary Public
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 293282521
Invoice Amount: $54.27
PO Number: NOPO
Amount Enclosed: $