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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