Item 8BCity of Southlake, Texas
MEMORANDUM
August 1, 2005
TO: Shana Yelverton, City Manager
FROM: Rick Smith, Interim Director of Public Safety (Ext. 2406)
SUBJECT: An Ordinance amending City Code Chapter 4, "Animals ", Section 4 -98,
"Procedures, Fees, Length of Stay, Redemption, and Disposal Policies," creating
a presumption that if an animal impounded by the Department of Public Safety
remains unclaimed by the owner for more than seven (7) days is presumed
abandoned and may be adopted without previous owner recourse.
Action Requested: City Council approval of an amendment to the Southlake City Code, Chapter
4, "Animals," Section 4 -98.
Background
Information: The City of Grapevine has given notice that they no longer will act as our
animal shelter effective September 30, 2005. A new agreement with Golden
Triangle Animal Hospital in Southlake is proposed to provide animal shelter
services. Part of the process is adopting out animals which are not claimed by
owners. In order to limit recourse against the City and Golden Triangle after
an animal is adopted, a presumption of abandonment is needed.
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 Saralla.
Alternatives: Should the Professional Services Agreement be approved and Golden Triangle
becomes the City's animal shelter, animals not reclaimed by their owners will
be adopted. Without the presumption, previous owners could attempt to
reclaim animals after new owners have invested emotion and money in a new
pet.
Supporting
Documents: Proposed Ordinance amendment.
Staff
Recommendation: Place the proposed Ordinance on the City Council meeting agenda for
approval.
RS /mrp
ORDINANCE NO. 530 -B
AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS ", ARTICLE II,
"CONTROL AND CARE ", OF THE SOUTHLAKE MUNICIPAL CODE,
BY AMENDING SECTION 4 -98, "PROCEDURES, FEES, LENGTH OF
STAY, REDEMPTION AND DISPOSAL POLICIES" TO PROVIDE THAT
AN ANIMAL IMPOUNDED BY THE DEPARTMENT OF PUBLIC
SAFETY AND NOT RECLAIMED WITHIN SEVEN DAYS IS DEEMED
ABANDONED; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; 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 not reclaimed by their owners after seven days are considered abandoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE TEXAS:
SECTION 1.
AMENDMENT TO SOUTHLAKE MUNICIPAL CODE
Chapter 4, "Animals ", Article II, "Care and Control" of the Southlake Municipal Code, as amended,
is hereby amended by adding to Section 4 -98 as follows:
"Sec. 4-98. Procedures, fees, length of stay, redemption and disposal
policies.
(1) Impoundment procedures including, but not limited to manner of impoundment, fees,
length of time animals shall be impounded, redemption and disposal shall be set forth
in policies adopted in conjunction with this article, and as from time to time amended.
(2) Any animal 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.
SECTION 2.
CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Southlake Municipal
Code, 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 3.
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 4.
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 IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance and
the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and
the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be
admissible in evidence in all courts without further proof than the production thereof.
SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2005.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney