Item 5FCity of Southlake, Texas
MEMORANDUM
August 28, 2006
TO: Shana Yelverton, City Manager
FROM: Wade Goolsby, DPS- Chief of Police Services, (Ext. 8120)
SUBJECT: An Ordinance amending City Code Chapter 4, "Animals ", Section 4 -98,
"Procedures, Fees, Length of Stay, Redemption, and Disposal Policies," creating
a presumption of abandonment for animals impounded by the Department of
Public Safety. Item 5F
Action Requested: City Council approval of an amendment to the Southlake City Code, Chapter
4, "Animals," Section 4 -98.
Background
Information: The City of Southlake has utilized the Golden Triangle Animal Hospital in
Southlake for it animal shelter services for the past year. The Golden Triangle
Animal Hospital terminated its contract and we had to seek an alternative
location for our animal shelter services. We are currently seeking an inter -
local agreement with the City of North Richland Hills to provide animal shelter
services. The North Richland Hills has defined the presumption of
abandonment as being four days when there is no material indication of
ownership. If an animal is impounded that has a collar, tattoo, microchip,
rabies tag, or ID tag, (material indication of ownership) the presumption of
abandonment is seven (7) days. When we previously advertised for interested
parties, the Golden Triangle Animal Hospital was the only business that
expressed an interest in providing animal shelter services.
Our Ordinance defining the presumption of abandonment needs to be modified
to reflect the North Richland Hills definition since their facility and staff will
be handling our animal shelter services.
Financial
Considerations: There are no additional costs to the City.
Financial Impact: There is no financial impact.
Citizen Input/
Board Review: No citizen input has been received. Not subject to any Board review.
Legal Review: This ordinance has been reviewed and approved by City Attorney Tim Sralla.
Alternatives: In order to enter into the inter -local agreement with North Richland Hills, our
Ordinance defining the presumption of abandonment needs to be modified to
reflect the corresponding North Richland Hills ordinance. Failure to modify
our ordinance could jeopardize this inter -local agreement and force us to seek
other sources for animal shelter services.
Supporting
Documents:
Staff
Recommendation:
Proposed Ordinance amendment.
City Council approval to amend the Ordinance related to a presumption of
abandonment for impounded animals.
WG /wb
ORDINANCE NO. 530 -B
AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS ", ARTICLE II,
"CONTROL AND CARE ", OF THE SOUTHLAKE MUNICIPAL CODE,
BY AMENDING SECTION 4 -31, "DEFINITIONS" AND SECTION 4 -98,
"PROCEDURES, FEES, LENGTH OF STAY, REDEMPTION AND
DISPOSAL POLICIES" TO AMEND THE TERM NECESSARY TO
CREATE A PRESUMPTION OF ABANDONMENT; PROVIDING THAT
THIS ORDINANCE SHALL BE CUM[_JLATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake 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 authority to regulate the control and care of animals within the city
limits of the City; and
WHEREAS, disposition of animals left unclaimed after impoundment creates problems of legal
ownership and the adoption process; and
WHEREAS, the City Council desires to adopt an ordinance creating the presumption that
impounded animals having some material indication of ownership not reclaimed by their owners after seven
days are considered abandoned; and any animal without any material indication of ownership not reclaimed
by their owners after four days are considered abandoned.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE TEXAS:
SECTION 1.
That Sec. 4 -31, Definitions, of Chapter 4 of the Southlake Code of Ordinances is hereby amended by
the addition of the following definitions:
"Sec. 4-31. Definitions.
Feral means an animal that: (i) has an uncared for condition, such as rough haircoat, underweight, or poor
general health; (ii) cannot be handled without injury to the animal or a person; and (iii) has no observable
indication of ownership.
Indication of Ownership means a collar, rabies tag, identification tag, microchip, or tattoo."
SECTION 2.
That Sec. 4 -98, Procedures, fees, length of stay, redemption and disposal policies, of Chapter 4 of the
Southlake Code of Ordinances is hereby amended as follows:
"Sec. 4-98. Procedures, fees, length of stay, redemption and disposal
policies.
(b) Any animal that has some material indication of ownership that is impounded by the
Department of Public Safety and not reclaimed by the owner of the animal within seven (7) days of
impoundment is deemed abandoned and all rights of ownership of the animal are forfeited.
(c) Any animal that is impounded by the Department of Public Safety and has no material
indication of ownership and has not been reclaimed by the owner of the animal within four (4) days
of impoundment is deemed abandoned and all rights of ownership of the animal is forfeited.
(d) Any feral animal is deemed abandoned upon impoundment with no rights of ownership."
CUMULATIVE
SECTION 3.
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 4.
SEVERABLE
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.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated 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 6.
PUBLICATION
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, publication clause and effective date of this ordinance 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 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.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,
2006
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2006.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney