O-2010-3244 regulation of animals, providing for certain fees for spaying/neutering of dogs and cats

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"Sec. 14-106. Impoundment, redemption and disposition. Any dog running at large in the city, or any dog not provided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that such dog has been vaccinated, shall be impounded by an animal control officer, chief of police or their authorized representatives, in a place provided for that purpose. If such dog is not called for by the owner within 72 hours after impoundment, the dog sha11 may be destroyed humanely. The owner of any dog impounded shall be permitted to repossess such dog upon the payment to the city of a pound fee in an amount as established by the city and listed in appendix A of this Code, if the dog is currently vaccinated and licensed as required by this chapter. If the dog is unvaccinated, the pound fee shall be in an amount established by the city and listed in appendix A of this Code, and the dog shall be vaccinated and licensed as required by this chapter, at the owner's expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the impounded dog is a female in heat, the pound fees in the amount established by the city and listed in appendix A of this Code shall be doubled." Section 5. Appendix — A "Fees", Article III "Dogs and Cats", Division 1 "In General" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following fees for spaying and neutering, hereafter read as follows, to wit: "(a) Spaying/Neutering Fees ....... 14-84 (1) Per dog.......... $75.00 (2) Per cat.......... $75.00" Section 6. Reference is here made to Title 10, "Health and Safety of Animals", Chapter 821 through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between the terms and provisions of Chapter 14 of the Code of Ordinances of the City of La Porte, and Title 10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety Code shall prevail, to the extent of such conflict. Section 7. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.