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Item 7CORDINANCE 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. Southlake /ordinances /animal presumption (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of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.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. South lake /ordinances /animal presumption SECTION 4. SAVINGS All rights and remedies of the City are expressly saved as to any and all violations of the provisions of any and all ordinances affecting parking of vehicles 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 5. 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 Southlake /ordinances /animal presumption PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2005. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Southlake /ordinances /animal presumption