ORD 825 City of Southlake,Texas
MEMORANDUM
April 12, 2002
TO: Billy Campbell, City Manager
FROM: • Rick Black,Director of Public Safety(Ext. 2421)
SUBJECT: Ordinance No. 825, 2nd Reading, Prohibiting the keeping of wild and
dangerous animals.
Action Requested: City Council approval of an amendment to the City Ordinance on
Animals prohibiting the keeping of wild or dangerous animals in
the City of Southlake.
Background
Information: House Bill 1362,passed this last legislative session, requires cities
to create a certificate of registration program for the local licensing
of certain dangerous and wild animals. As an alternative, the
legislation allows cities to altogether prohibit the ownership,
possession or confinement of wild animals. As we currently have
no animal control department and Tarrant County has opted not to
create a registration program to which we could subscribe, the
most reasonable option is to prohibit the ownership, possession, or
confinement of these specified.wild and dangerous animals in the
City of Southlake.
Financial
Considerations: There is no cost to the City. Any violations would be prosecuted
in Municipal Court resulting in additional fines collected, however
this is anticipated to be minimal or non-existent.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any Board
review.
Legal Review: This agreement has been reviewed and approved by City Attorney
Deborah Drayovitch.
Alternatives: Create an animal control function within city government and
create a certificate of registration program. This would entail
additional costs and might possibly subject a citizen to danger if
such animals ever escaped.
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Billy Campbell
April 12, 2002
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Supporting
Documents: Ordinance No. 825
Staff
Recommendation: Place Ordinance No. 825 on the April 16, 2002 City Council
meeting agenda for second reading.
RB/mrp
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ORDINANCE 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
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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 Ill
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
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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 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.
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SECTION 7.
Publication
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The CitySecretaryof the Cityof Southlake is herebydirected 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 3.13 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.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2002.
MAYOR
ATTEST:
CITY SECRETARY
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PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2002.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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