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of such ordinances and such Code are hereby repealed.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