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1069A OrdinanceORDINANCE NO. 1069A AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS, FOWL, INSECTS AND REPTILES," OF THE SOUTHLAKE CITY CODE BY AMENDING SECTION 4-100. "DEFINITIONS"; AMENDING SECTION 4- 460, "TRAPPING OF ANIMALS," AND ADDING A NEW SECTION 4- 465, "ANIMALS IN PROTECTIVE CUSTODY"; 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 THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("City"), 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 finds it necessary to update the definition of Dangerous Animal in the Southlake City Code to conform to state law; and WHEREAS, the City Council finds that amendments to the City's animal trapping regulations are necessary to ensure compliance with state law, promote humane treatment of animals, and align with current animal services practices; and WHEREAS, the City Council further finds that it is necessary to establish local authority and procedures for animals taken into protective custody due to arrest, medical emergency, disaster, or other exigent circumstances; and WHEREAS, the City Council determines that these amendments are in the best interest of the public health, safety, and welfare of the residents of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. Section 4-100, "Definitions," of Chapter 4, "ANIMALS, FOWL, INSECTS AND REPTILES," of the Southlake City Code is hereby amended to amend the definition of "Dangerous animal" to read as follows: "Dangerous animal. (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than a private enclosure; Page 1 (2) Commits unprovoked acts toward a person in a place other than a private enclosure and those acts cause that person to reasonably believe that the animal will attack and cause bodily injury to that person; or (3) Makes an unprovoked attack on a domesticated animal that causes serious bodily injury to the animal and occurs in a place other than a private enclosure, commercial kennel, animal shelter, or city -designated dog park. SECTION 2. Section 4-460, "Trapping of animals," of Chapter 4, "ANIMALS, FOWL, INSECTS AND REPTILES," of the Southlake City Code is hereby amended to read as follows: "Sec. 4-460. — Trapping of animals It shall be unlawful for any person to: (a) Remove, alter, damage, or tamper with a trap or equipment placed by an Animal Control Officer or employee; or (b) Set a trap, or permit such a trap to remain, in a manner that injures or kills an animal. Any person who traps an animal shall take reasonable precautions to ensure the humane treatment of the animal and to minimize stress, injury, or suffering" SECTION 3. Section 4-465, "Animals in protective custody," of Chapter 4, "ANIMALS, FOWL, INSECTS AND REPTILES," of the Southlake City Code is hereby added to read as follows: "Sec. 4-465. — Animals in protective custody An animal may be taken into protective custody by the Animal Control Authority or a Peace Officer, when necessary, due to an emergency or exigent circumstance, including but not limited to an owner's arrest, medical emergency, hospitalization, fire, natural disaster, or other situation where the owner is unable to provide care. (a) Animals taken into protective custody under this section shall be held at the Animal Shelter for a period not to exceed 10 days unless otherwise required by law. a. Animals impounded due to medical emergencies, fires, hospitalizations, or natural disasters may be reclaimed by the owner or an authorized representative at no cost within the ten (10) day hold. b. Animals impounded due to an owner's arrest shall not be assessed fees for the first twenty-four (24) hours. After twenty-four (24) hours, boarding or care fees may be assessed in accordance with the Animal Shelter fee schedule. Page 2 c. An owner or authorized representative may reclaim an animal at any time during the hold period upon providing proof of ownership and paying any applicable fees. (b) Animals in protective custody shall be provided appropriate housing, food, and veterinary care as reasonably necessary while in custody. (c) If an animal remains unclaimed at the expiration of the hold period, the City may place the animal for adoption, transfer ownership, or otherwise dispose of the animal in a lawful and humane manner." This Ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. 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 6. 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 Fine Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the subject matter herein 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 8. Page 3 The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, and effective date clause of this ordinance as authorized by the City Charter and Section 52.013 of the Local Government Code. SECTION 9. 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 2026. d/ ``` OVTHLq/r�''�i MAYOR, SHAWN MCCASKILL o� ST: = c; • cyn CI CR ARY, AMY SHELLEY'*'*'*'• PASSED AND APPROVED ON SECOND READING ON THIS — DAY OF 2026. MAYOR, SHAWN MCCASKILL sou i HL'I't'' AT Z CITY RETARY, AMY SHELLEr.- ' EFFECTIVE DATE: "-) I 0 (I PROVED/A,S TO FORM -A -ND LEGALITY: CITY ATTORNEY Page 4