0825ORDINANCE NO. 825
AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS," OF THE CODE
OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS; BY
AMENDING THE DEFINITION OF "WILD ANIMAL" AND BY
AMENDING THE PROHIBITION AGAINST KEEPING WILD ANIMALS
AND DANGEROUS ANIMALS WITHIN THE CITY; PROVIDING THAT
TO THE EXTENT PERMITTED BY LAW THIS ORDINANCE SHALL
CONTROL OVER OTHER LAWS GOVERNING WILD ANIMALS;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR
PUBLICATION; 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, in accordance with the requirements of Subchapter E of Chapter
822 of the Texas Health and Safety Code, the City Council desires to prohibit the
ownership, possession, confinement, and care of wild animals within the City; and
WHEREAS, the City Council has determined that to the extent permitted by
Texas law, and in accordance with Section 822.116 of the Texas Health and Safety
Code, this ordinance shall control over other laws governing the ownership, possession,
confinement, and care of wild animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
1 .SECTION
A. That Chapter 4, Section 4-31, of the Code of Ordinances of the City of Southlake,
Texas, is hereby amended by amending the definition of "Wild Animal", to read as
follows:
Wild animal means all species of animals and reptiles which
exist in a natural unconfined state and are usually not
domesticated and includes, but is not limited to, the
following: a lion, a tiger, an ocelot, a cougar, a leopard, a
cheetah, a jaguar, a bobcat, a lynx, a serval, a caracal, a
Page 1
hyena, a bear, a wolf, a coyote, a jackal, a baboon, a
chimpanzee, an orangutan, a gorilla, and any hybrid of any
animal falling under this definition.
B That Chapter 4, Section 4-57, of the Code of Ordinances of the City of Southlake,
Texas, is hereby amended by amending Subsection (e), "Keeping of wild, dangerous or
vicious animals" to read as follows:
(e) Keeping of Wild or Dangerous Animals. A person
commits an offense if the person owns, possesses, or has
custody of any of the following animals:
(1)
Any wild animal; provided, however, that this
Subsection (1) shall not apply to zoological
parks, performing animal exhibitions, circuses,
or veterinary hospitals.
(2)
Any dangerous animal, provided, however, that
a person may keep a dangerous animal if he
has complied with the provisions of V.T.C.A.,
Health and Safety Code Chapter 822,
Subchapter D, and the provisions of Article III
of this Chapter, if applicable.
SECTION 2.
Effect of Other Law
To the extent permitted by Texas law this ordinance shall control over other law
governing the ownership, possession, confinement, and care of wild animals. The
adoption of this ordinance is in lieu of the certificate of registration program provided by
Subchapter E of Chapter 822 of the Texas Health and Safety Code, and is expressly
permitted by Section 822.116 of the Texas Health and Safety Code, as it may be
amended.
SECTION 3.
Cumulative Clause
This ordinance shall be cumulative of all provisions of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the
Page 2
provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
SECTION 4.
Severability 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 effect 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.
SECTION 5.
Savings Clause
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Chapter 4 of the Code of Ordinances of the City of
Southlake, Texas, or any other ordinances regulating wild animals 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 6.
Penalty Clause
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the previsions 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.
Page 3
SECTION 7.
Publication
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance or its caption and penalty in the official City
newspaper one time within ten days after passage of this ordinance, as required by
Section 3.1 3 of the Charter of the City of Southlake.
SECTION 8.
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.
EDANDAPPROVEDONFIRSTREADINGONTHIS t%Jo DAYOF
,,'~' ^gT H t ,~'~%
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~ ~"' "'~; ~ A~OR
Page 4
PASSED AND APPROVED ON SECOND READING ON THIS I(~ DAY OF
/~,/&r'~ I ,2002.
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNE(~
Page 5
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 213321981
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 4/19/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 4/30/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 21332198
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 4/19/02
! P � 3" ar eqa Ir 6b $C I 4 �� i I .,.. ., u 9 la P` err
kigr:
CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 74 74 LINE $6.08 $449.92
Sales Discount CITY
ORDINANC LAKE TEXAS i
E NO. ($389.98)
AN ORDINANCE
AMENDING CHAP-
TER 4 'ANIMALS'
OF THE CODE OF
ORDINANCES OF Net Amount: $59.94
THE CITY OF
SOUTHLAKE,_
BY AMENDING
THE
ANIMAL"AND
PBY AOMHII BIITION
R
AGAINST KEEPING
WILD ANIMALS AND
DANGEROUS ANI-
MAL3S WITHIN THE
CITY PROVIDING
THAT TO THE EX- E ^ E _ Y
TENT PERMITTED Illy_
BY LAW THIS OR-
DI ANCE SHALL
ED
CONTROL OVER
GOVERNING WILD
PROVID-
ING CUMULLAOTIVE LI APR 2
S; • 6 200)
gltuAsEVPRROIID-
TY CLAUSE, PRO-
VIDING FOR A
THE STATE 0 PENALTY FOR VIO-
LATIONS HEREOF OFFICE OF CITY -;F'� Y
County of Tarr. PROVIDINGp FOR +.RE.AR'f
PuupBLICATION, AND --�_
PROVIDING ATEN EF-
Before me,a N avaiON e. id County and State, this day personally appeared CHRISTY L. HOLLAND, Bid and Legal Coordinator
for the Star-Tel, A atOn•wlw vior;tar-Telegram, Inc.at Fort Wo , 'n Tarrant County,Texas;and who, after bei g duly sworn, did depose and say
that the attache Itegi r:i,s°s to ment was published in the ab e me paper on the listed dates: BIDS ai LE ALS DEPT. STAR TELEG M
(817) 390-71£ �y with or who
ment the enforce- Av`
tprov�wanof this the g
dinance shell be noed Si ned
not more than Five
SUBSCRIBED A ja`000) forD;Ig,.E ME, THIS Monday,April 2,2002.
a enati +cp daythat
exist h pll rned
to exist shall consti-
tute a separate of- Notary Public
tense.
PASSED AND AP- -
PROVED BY THE "` VICKI L.WASON
CITY COUNCIL OF t..
THE CITY OF . MY'COMMISSION EXPIRES
SOUTHLAKE, TEX-
Thank You 1 lath AS ON THIS THE Brit " AUGUST 28,2004
20002DAY OF APRIL,
MAYOR:RICK STACY
ATTEST: KIM BUSH,"-
ACTING CITY SEC-
RETARY
APPROVED AS TO
FORM: E. ALLEN
TAYLOR, JR., CITY
ATTORNEY
Remit To: Star-i etegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 213321981
Invoice Amount: $59.94
PO Number:
Amount Enclosed:
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 212723871
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 4/4/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 4/30/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 21272387
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 4/4/02
NOTICE OF PUBLIC HEARING CITY I3580 1 84 84 LINE $6.08 $510.72
NOTICE OF PUBLIC
HEARING
CITY OF SOUTH-
LAKE, TEXAS
NOTICE was hereby 510.72
given to all interested Net Amount:
persons that the City
Council of the City of
Southlake,Texas,will
be holding a public
hearing during the
regular city council
meeting to be held on
April 16,2002,at 6:00
p m. or immediately
follow€ng the work
session. The meeting
will be held in the City
Council Chambers of
Town Hall, 1400 Main
Street, Southlake,
Texas.Purpose of the
hearing will be held
regarding7 the follow-
ing: NO.
825
AN ORDINANCE_
AMENDING CHAP-
TER 4, "ANIMALS"
OF DTNHAN CODE
Or
THE CITY OF
,I SOUTHLAKEAMEN[TING
X-
AS
THE DEFINITION OF
C BY I AMENDING THE
PROHIBITION
AGAINST KEEPING
B wILD ANIMALS AND c in and for said County and State,this d p rsonally appeared Christy Holland, Bid and Legal Coordinator
DANGEROUS ANI-
fc MALS WITHIN THE dished by the Star-Telegram, Inc.at Fo o ,in arrant County,Texas;and who,after being d y sworn,did depose and say
THAT TO TROHEDIEX of an advertisement was published in t a n ed paper on the listed dates: IDS e[LEGAL EPT. STAR TLEGRAM
TE
BYNTAW PERTHIS OMITTERD L -
DINANCES SHALL
CONTROL OVER1-1
OTHER LAWS Signed
GOVERNING WILD
ANIMALS; PROVID-
ING A CUMULATIVE
St CLAUSE; PROMO- tN TO BEFORE ME, THIS Friday,April 12,2
ING FORA PENALTY
FOR VIOLATIONS C ��v
PROVID-
ING ; PUB PRO-AND PRo- Notary Public
VIDIr'JG AN EFFEC-
TIVE
TIVE DATE.
SECTION 6. 1�!!r-es•-., VICKI L.WASON
Any
Penapersolty n,Clausefirm '�°
or 1 * *€ MY COMMISSION EXPIRES
corporation who
lates,disobeys,omits, I ;��; +�/
ThC neglects or refuses to iur Payment L -.1`ar�.; AUGUST 28,2004
comply with or who
__ resists the enforce-
ment of any of the
provisions of this or-
dinance shall be fined
not more than Five
Hundred Dollars
($500.00) for each
offense.Each day.that
Reta violation is perm€ffed legram Customer ID: CIT57
to exist shall consti-
ensea separate of ,x 901051 Customer Name: CITY OF SOUTHLAKE
Kim Bush
Acting City Secretary
City of Southlake, NORTH,TX 76101-2051 Invoice Number: 212723871
Texas
Invoice Amount: $510.72
PO Number:
Amount Enclosed: $ 1