HomeMy WebLinkAboutO-2003-1922-A
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ORDINANCE NO.
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AN ORDINANCE AMENDING CHAPTER 14, nANIHALS n , OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, PROVIDING FOR A PENALTY OF A
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH ANIHAL WITH RESPECT TO WHICH THERE IS AN OFFENSE, AND FOR EACH
DAY OF AN OFFENSE, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 14, Article V, "Wild Animals", of the Code
of Ordinances of the City of La Porte, is hereby amended by
amending Section 14-196, which shall hereafter read as follows, to-
wit:
"Sec. 14-196. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning.
wild animal means any wild mammal, amphibian, reptile or
fowl which is not naturally tame or gentle but is of a wild
nature or has other characteristics which would constitute a
danger to human life or property if it is not kept or
maintained in a humane, safe manner or in secure quarters.
Such animals shall include but not be limited to elephants,
rhinoceroses, raccoons, skunks, and bats. Animals deemed as
dangerous wild animals under Article VI shall fall under the
provisions of that article."
Section 2. Chapter 14, Article V, "wild Animals", of the Code
of Ordinances of the City of La Porte, is hereby amended by
amending Section 14-197, which shall hereafter read as follows, to-
wit:
"Sec. 14-197. Caging.
It shall be unlawful for anyone to keep or harbor any wild
animal within the city limits unless the wild animal is kept
in a cage in a humane, safe manner and in secure quarters or
cage sufficient to contain such animal at all times. No such
animal shall be housed within 100 feet of any property line."
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Section 3. Chapter 14 I Article V I "wild Animals n I of the Code
of Ordinances of the City of La Porte, is hereby amended by
amending Section 14-199, which shall hereafter read as follows, to-
wit:
"Sec. 14-199. Registration.
(a) Any person keeping a wild animal within the city limits
shall register the wild animal with the Animal Control
Division of the Police Department by submitting a Registration
Application prior to bringing such wild animal in the city
limits.
(b) Registration Application for a wild animal shall include:
1) Name of applicant,
2) Address of applicant,
3) Telephone number of applicant,
4) Exact location where the wild animal will be
maintained,
5) Sworn statement that all information is complete and
accurate,
6) Color photograph of each animal being registered,
7) Type of quarters or cage in which the animal will be
housed, and
8) Scale diagram of premises where animal is being kept
including all fences and residence.
(c) All areas where wild animals are to be kept shall be
inspected by the Animal Control Division to ensure that all
requirements in this article are satisfied before registration
process is completed.
Cd) Registration shall be renewed annually.
(e) Registration forms shall be made available at the animal
shelter during normal business hours."
Section 4. Chapter 14, Article V, "wild Animals", of the Code
of Ordinances of the City of La Porte, is hereby amended by adding
Section 14-200, which shall read as follows, to-wit:
"Sec. 14-200. Relocation or Disposition of Animal.
(a) An owner of a wild animal may not permanently relocate the
animal unless the owner first notifies the Animal Control
Division in writing of the exact location to which the animal
will be relocated and provides the Animal Control Division,
with respect to the new location, the information required by
Section 14-199.
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(b) within 10 days after the death, sale, or other disposition
of the animal, the owner of the animal shall notify the City
of La Porte Animal Control Division in writing of the death,
sale, or other disposition."
Section s. Chapter 14, Article V, "Wild Animals", of the Code
of Ordinances of the City of La Porte, is hereby amended by adding
Section 14-201, which shall read as follows, to-wit:
"Sec. 14-201. Offenses and Penalties.
(a) A person commits an offense if the person violates Section
14-197, Section 14-198, Section 14-199, or Section 14-200 of
this article. Each animal with respect to which there is a
violation and each day that a violation continues is a
separate offense.
(b) An offense under this article is punishable by a fine not
to exceed Two Thousand Dollars ($2,000.00) for each offense.
(c) An offense under this article is a Class C misdemeanor."
Section 6. Chapter 14, " Animals", of the Code of Ordinances
of the City of La Porte, is hereby amended by adding Article VI,
which shall read as follows, to-wit:
"ARTICLE VI. DANGEROUS WILD ANIMALS
Sec. 14-202. Definitions.
Dangerous wild animal means:
(a) a lion;
(b) a tiger;
(c) an ocelot;
(d) a cougar;
(e) a leopard;
(f) a cheetah;
(g) a jaguar;
(h) a bobcat;
(i) a lynx;
(j) a serva1;
(k) a caracal;
(1) a hyena;
(m) a bear;
(n) a coyote;
(0) a jackal;
(p) a baboon;
(q) a chimpanzee;
(r) an orangutan;
(s) a gorilla;
(t) a wolf;
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(u) a crocodile;
(v) a fox;
(w) all forms of poisonous reptiles and other like animals;
or
(x) any hybrid of an animal listed in this article.
Sec. 14-203. Dangerous Wild Animals.
Dangerous wild animals shall be governed by the prov1s1ons of
V.T.C.A, Health and Safety Code Chapter 822, Subchapter E. A
copy of Chapter 822, Subchapter E and this ordinance is on
file with the City Secretary' Office, and is included in the
Registration Application packet.
Sec. 14-204. Caging for Dangerous Wild Animals.
(a) Caging requirements shall be governed by Texas
Administration Code, Title 25, Part 1, Chapter 196, Subchapter
G, Rule 169.131. A copy of this Rule is on file with the City
Secretary's Office and is included in the Registration
Application packet,
(b) No dangerous wild animal shall be housed within 500 feet
of any property line.
Sec. 14-205. Registration Fee's for Dangerous Wild Animals.
There will be a registration fee of $50.00 for each animal
registered as a dangerous wild animal, not to exceed $500.00
for each person registering the animals, regardless of the
number of animals owned by the person.
Sec. 14-206. Dangerous Wild Animals Registered Prior to
Adoption of Chapter 14, Article VI.
Any animal meeting the definition of a dangerous wild animal
as established in Sec. 14-201 of this ordinance that was
registered in good standing with the City of La Porte Police
Department prior to the passage of this ordinance, and meets
the minimum standards set by V.T.C.A., Health and Safety Code
Chapter 822, Subchapter E, and the Administrative Code, Title
25, Part 1, Chapter 196, Subchapter G, Rule 169.131, shall be
exempt from the requirements of Section 14-203(b), but in no
case shall be housed less than 100 feet from any property
line. This exemption applies only to currently registered
animals. All unregistered animals are subject to the
requirements of this ordinance.
Sec. 14-207. Offenses and Penalties.
(a) A person commits an offense if the person violates Section
14-204, section 14-206, or the provisions of V.T.C.A. Health
and Safety Code Chapter 822, Subchapter E, as incorporated by
Section 14-203 of this article. Each animal with respect to
which there is a violation and each day that a violation
continues is a separate offense.
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(b) An offense under this article is punishable by a fine not
to exceed Two Thousand Dollars ($2,000.00) for each offense.
(c) An offense under this article is a Class C misdemeanor."
Section 7. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 8.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and sUbject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 9. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of this
ordinance.
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PASSED AND APPROVED, this~day of January, 2003.
CITY OF LA PORTE
By: ~;t' ;Q,~
Norman L. Malone, Mayor
ATTEST:
td!l~1tt
City Secretary
APPROVED:
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Clark T. As ins
Assistant City Attorney
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