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HomeMy WebLinkAboutO-1993-1922 I'. . ,"' . e ORDINANCE NO. 93-1922 AN ORDXNANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, REGULATING ANIMALS AND FOWL; PROVIDING FOR DEFINITIONS; PRESCRIBING DUTIES OF OWNERS AND PERSONS IN CONTROL AND PROTECTION OF ANIMALS; PROVIDING FOR IMPOUNDMENT, REDEMPTION AND DISPOSITION OF ANIMALS; PROVIDING FOR THE RETENTXON, OBSERVATION AND DISPOSITION OF DISEASED ANIMALS OR ANIMALS WHICH HAVE BITTEN PERSONS; PROVIDING FOR LICENSING AND VACCINATION OF ANIMALS; PROVIDING FOR AUTHORIZATION OF QUARANTINE OF ABIMALS; PROVIDING FOR A PROCEDURE INVOLVING VICIOUS AND DANGEROUS ANIMALS; DECLARING LA PORTE A BIRD SANCTUARY; REGULATING WILD ABIMALS; PROVXDING FOR CERTAIN FEES AND CHARGES; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 5, "Animals and Fowl," of the Code of Ordinances of the City of La Porte, Texas, be, and the same is hereby amended to hereafter read as follows, to-wit: Chapter 5 ANIMALS AND FOWL Art. Art. Art. Art. Art. Art. Art. I. II. III. IV. V. VI:. VIX. Definitions, 55 5-1 City Animal Control Officers, 55 5-2 - 5-10 Animal Control, 55 5-11 - 5-26 Animals in Private CustOdy, 55 5-27 - 5-32 Bird Sanctuary, SS 5-33 wild AnimalS, SS 5-34 - 5-37 Baby Chicks, 5S 5-38 ARTICLE I. DEFINITIONS Sec. 5-1. Definitions Animal Control Officer shall mean any person designated by the Chief of Police to represent and act for the City of La Porte, Texas, in the impoundment of animals, controlling of animals running at large and as otherwise provided and required in this article. REVISED: August 9, 1993 . . ORDINANCE NO. 93- 1922 2 Director of Public Health shall mean a licensed physician appointed by the city Manager to have charge and control of the work of protecting and preserving the public health. xnhumane Treatment shall mean any treatment to any animal which deprives the animal of sustenance, including food, water or protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment as may be determined by the Director of Public Health, Director of the Animal Control Division, or a law enforcement officer. . Kennel shall mean any lot, enclosure, premises, structure or building whereon three (3) or more dogs and/or cats over the age of four (4) months are kept or maintained for any purpose whatever, except a veterinary hospital operated by a graduate veterinarian duly licensed by the state Board of Veterinary Examiners, or the impound facility operated by the City of La Porte. OWner shall mean any person or persons owning, possessing, harboring, keeping or sheltering any animal. Person shall mean any individual, firm, association, syndicate, partnership or corporation, but not including the City of La Porte. Running at Large: (a) Off Premises: (i) Any dog which is not restrained by means of a leash or chain of sufficient strength and not more than six (6) feet in length to control the actions of such animal while off premises; or (ii) any cat which is off the owner's property. (b) On Premises: Any dog not confined by premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed "at large". Any animal within an automobile or other vehicle of its owner or owner's agent shall not be deemed "at large". A female dog in heat that is not enclosed shall be considered "at large", whether on or off premises. unprovoked with respect to an attack by an animal shall mean that the animal was not immediately prior to an attack, incited into retaliation by virtue of being hit, kicked, or struck by a person . e ORDXNANCE NO. 93- 1922 3 or animal with an object or a person or animal's body, nor was any part of the animal's body pulled, pinched, or squeezed by a person or other animal. vaccination shall mean an injection of United states Department of Agriculture approved rabies vaccine administered every twelve (12) calendar months by a licensed veterinarian. veterinarian Hospital shall mean, for purposes of this ordinance, a place where pet animals or livestock are treated for disease or injury, or pet animals are boarded under the supervision of a licensed veterinarian. veterinary Public Health Officer shall mean a licensed veterinarian appointed by the City Manager to aid the Director of Public Health in matters pertaining to zoonosis. Vicious or Dangerous Animal shall mean: (a) Any animal which has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals; (b) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; or (c) Any animal that commits an unprovoked attack on a person or animal on pUblic or private property; or Cd) Any animal that attacks or threatens to attack a person or animal; or (e) Any "dangerous dog" as defined in S822.041, Texas Health and Safety Code. ARTICLE II. CITY ANIMAL CONTROL OFFICERS Sec. 5-2. Establishment of office. There shall be and is hereby created the Animal Control Division, which shall be comprised of one or more Animal Control Officers for the city of La Porte. e e ORDINANCE NO. 93- 1922 4 Sec. 5-3. Appointment of Animal Control Officers. The Chief of Police shall appoint and employ Animal Control Officers, who shall be assigned to the Animal Control Division of the City of La Porte Police Department, and the compensation of such Animal Control Officers shall be such as is authorized from time to time by the City Council. Sec. 5-4. Duties of Animal Control Officers. It shall be the duty of said Animal Control Officers to take up any and all horses, mules, cattle, sheep, swine and goats, or other animals that may be found in and upon any street, alley, or in or upon any vacant or unenclosed lot in said City, and to confine them for safekeeping. said Animal Control Officers shall keep a record of all animals received and discharged by them, giving marks and brands as well as flesh marks, and when any animal is taken from the custody of the Animal Control Officers by any owner or his agents, such owner or agents shall sign a receipt for the animal or animals so taken, giving a description corresponding with the records in charge of the Animal Control Officers, and state on such receipt the amount paid as charges for the keeping of such animal or animals. Sec. 5-5. Powers of citizens and Officers. Any officer or citizen of the City of La Porte is hereby authorized (but not required) to take up and deliver to the Animal Control Division any animals mentioned in this chapter that may be found running at large in the corporate limits of the city. Sec. 5-6. Fees for Livestock. For each and every animal, other than dogs and cats, taken and impounded there shall be paid to the City of La Porte by the owner thereof or his agents the sum of thirty-five dollars ($35.00) for the taking up and impounding of same, and the further sum of five dollars ($5.00) per day for each and every day except the first day that the animal shall remain in the custody of the Animal Control Division. Such fee being charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accordance with the provisions of this article, the further sum of ten dollars ($10.00) shall be charged for selling same. And further, for each male animal capable of breeding, such as boars, stud horses, jacks or bulls, found running at large and impounded, there shall be an additional charge of fifty dollars ($50.00) each which shall be paid by the owner or his agent for impounding of same. . e ORDINANCE NO. 93- 1922 5 Sec. 5-7. Rights of Owners of Impounded stock. Any person who may own any animal heretofore named which has been impounded shall have the right to take possession of such animal by applying to the Animal Control Division and paying the fees hereinabove provided for. Sec. 5-8. Sale of Impounded Stock. If the owner "of the animal impounded as hereinbefore provided for does not either in person or by his agent, apply for possession of such animal within ten (10) days from the date of impoundment, then the Animal Control Division shall sell the said animal to the highest bidder at public auction, and the proceeds of such sale be delivered to the City of La Porte. Sec. 5-9. Duties of the Animal Control Officers as to Impounded Stock. It shall be the duty of the Animal Control Officers when any animal, other than a dog or a cat, mentioned in this article is impounded to immediately give notice by posting an advertisement on the bulletin board of the City Hall, describing such animal and stating that if the same is not called for within ten (10) days, and charges for taking, keeping and advertising the same are not paid, it will be sold according to law. Sec. 5-10. Disposition of Fees. The money received for impounding, keeping and selling all stock impounded shall be paid to the City of La Porte and receipt taken therefor, such money to be credited to the general fund of the city, and when any owner or agent shall apply for the proceeds of any animal or animals sold, upon making satisfactory proof before the City Council within six (6) months after the date of sale, that such animal or animals at the time the same were impounded were their property, the City Council shall allow the claimant such an amount as shall appear to be due after deducting the charge of impounding, feeding, and selling said animal. All monies not so claimed shall escheat to the City. ARTICLE III. ANIMAL CONTROL Sec. 5-11. Duties of OWners and Persons in Control and Protection of Animals. It shall be unlawful for any owner or person to: e e ORDXNANCE NO. 93- 1922 6 (a) Fail to prevent any animal from running at large within the corporate limits of the city. (b) Perform, do or carry out any inhumane treatment against any animal. (c) Interfere with or molest any dog used by the Police Department of the ci ty of La Porte in the performance of duty of such department. (d) Keep, possess, own, control, maintain, use or otherwise exercise dominion over any animal or animals which by reason of noise, odor or sanitary conditions become offensive to a reasonable and prudent person of ordinary tastes and sensibilities, or which constitute or becomes a health hazard. (e) Keep or harbor any dangerous or vicious animal or animals within the corporate limits of the city. (f) Keep, maintain, own or operate a dog kennel or cat kennel in any residential district within the corporate limits of the city. Sec. 5-12. Confinement of Certain Dogs. No dog of fierce, dangerous, or vicious propensities nor a female dog in heat shall be allowed upon any street, sidewalk, park or other public place in the City, whether or not said dog is under control by means of a leash, chain or otherwise. No person shall allow a female dog in heat to be tied or chained or otherwise secured in any unfenced or unenclosed area in such a manner that would allow access to said female dog in heat by other stray dogs. This section shall not apply to such dogs when confined within a vehicle. Sec. 5-13. Impoundment, Redemption and Disposition. (a) Any dog running at large in the City of La Porte, 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 said dog has been vaccinated, shall be impounded by an Animal Control Officer, Chief of Police or their authorized representatives, in a place proyided for that purpose, and if such dog is not called for by the owner within seventy-two (72) hours after impoundment, the dog shall be destroyed humanely. The owner of any dog impounded shall be permitted to repossess such dog upon the paYment to the City of La Porte of a pound fee of thirty-five - e e ORDINANCE NO. 93- 1922 7 dollars ($35.00), if the dog is currently vaccinated and licensed as required by this Code. If the dog is unvaccinated the pound fee shall be forty-five dollars ($45.00), and the dog shall be vaccinated and licensed as required by this Code, at the owners 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 above provided for shall be doubled. (b) An owner of a dog or a cat wishing to claim their animal from the shelter, must first pay to the Finance Section at City Hall, the fees for City registration; proper vaccination; and a pound fee of $35.00 plus $5.00 per day beginning 24 hours after the animal was picked up. If the owner has the animal spayed or neutered by a participating veterinarian, the $35.00 pound fee will be applied as credit toward the spay/neuter fee. The owner must pay these fees before claiming the animal. Upon presentation of receipt for the fee payment to an Animal Control Officer, the owner may take possession of the animal. The participating veterinarian may then debit the City for the $35.00 fee, plus the vaccination fees. (c) A person may adopt a dog or a cat from the pound by paying the City registration fee at City Hall and pre-paying the fees for vaccination and spaying or neutering at a participating veterinarian. After receipt of payment is presented to an Animal Control Officer, the animal will be delivered to said veterinarian by an Animal Control Officer for the procedures stated. The animal may be released after the procedures are completed to the adopter by an Animal Control Officer or the veterinarian. A list of participating veterinarians shall be kept on file at the Animal Control Unit and the Finance Department at City Hall. (d) The registration permit fee established by resolution of the City Council for all animals covered under this article shall be payable to the City of La Porte and shall be due January 1st of each year. (e) A certificate of vaccination must be presented to the Animal Control Division of the City before a registration permit will be issued. Sec. 5-14. Licensing and Vaccination. (a) The owner of a dog or cat is hereby required to make application to the Director of the Animal Control Division of the City for a registration permit. Such applications are to contain information of the animal's description, date of immunization, and name, address and telephone number of owner. Upon completion of e e ORDINANCE NO. 93- 1922 8 the application and payment of the permit fee established by resolution of the City Council, a metal tag will be issued to the owner, which is required to be attached to the collar of the dog or cat. (b) The owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four (4) months of age and once every twelve (12) calendar months thereafter as prescribed by rules of the Texas Board of Health. A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the Texas Board of Health. The City of La Porte may not register or license an animal that has not been vaccinated in accordance with this section. At the time of the vaccination, a metal tag shall be issued by the veterinarian showing the name of the veterinarian, the tag number, and the year of issuance. The owner shall attach the rabies tag to the collar of the dog or cat reflecting the vaccination of the animal. Such owner shall retain the certificate of vaccination until the vaccination is renewed. (c) Lost or stolen permit tags may be replaced by payment of a fee established by resolution of the City Council and presentation of the registration application. If a tag and registration application are both lost or stolen, a new license must be purchased at the regular fees. (d) It is unlawful for any person or owner to fail to comply with this section, including the provisions for requiring tags to be displayed upon the collar of the dog or cat, with said collar being attached to the body of the animal. Sec. 5-15. Rabies Reports and Quarantine. Rabies reports and quarantines shall be governed by the applicable provisions of Chapter 826, "Rabies" of the Texas Health and Safety Code, as the same shall be amended from time to time. Sec. 5-16. Barking Dogs. Any person who shall harbor or keep on his premises, or in his control, any dog which by loud, prolonged or repetitive barking or howling, shall cause a breach of the peace and quiet of the neighborhood, or the occupants of surrounding premises to be disturbed, shall be guilty of a misdemeanor. e e ORDINANCE NO. 93- 1922 9 Sec. 5-17. vicious or Dangerous Dogs. "vicious or Dangerous Dogs" shall be governed by the provl.sl.ons of Chapter 822, "Dangerous Dogs," of the Texas Health and Safety Code, as the same may be amended from time to time. Any vicious or Dangerous Dog shall be removed from the corporate city limits within 24 hours from the time notice is given to the owner, or party in possession; otherwise, the dog shall be impounded and destroyed in a humane manner. Sec. 5-18. Guard Dogs. (a) Definitions. (1) Guard Dog is any dog that is utilized to protect commercial property, as defined below. (2) Commercial property is ( i) a portion of land and/ or buildings zoned for, or utilized for commercial business uses in the city, including temporary sites; or (ii) any vehicle utilized for commercial business purposes in the City. (3) Handler is a person who is responsible for and capable of controlling the operation of a guard dog. (4) Housing is any location where the guard dog is kept when not utilized for protection purposes. (5) Anti Escape is any housing, fencing, or a device which the guard dog cannot go over, under, through or around. (b) Guard Dog Permits. (1) A separate guard dog permit must be applied for each dog on commercial property where guard dogs are to be used or where dogs are to be kept, boarded, bred, sold, let for hire, or trained for a fee for guard dog purposes. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the Director of the Animal Control Di vision. permi ts for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the permit year. However, such transfers shall not be effective until an Animal Control Officer has inspected and approved the required facilities at the new location and the information required below for permit applications has been recorded. e e ORDINANCE NO. 93- 1922 10 (2) Working days. Advance notification to the Director of the Animal Control Division shall be required for permit transfers. (3) Guard dog permit applications shall include the following information: (i) The business name, address and telephone number of the commercial property where guard dogs are to be used. ( i i) The name, address and telephone number of the dog I s handler who can be reached at any time during the day or night. (iii) The number of dogs to be used and a general description of their use. (iv) The location where dogs are to be housed; and (v) Any other information that the Director of the Animal Control Division deems necessary by rules and regulations. Permit holders shall notify the Director of the Animal Control Division if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued. (4) An Animal Control Officer shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed. (5) If the inspection reveals that the requirements of this section are met, a permit fee established by resolution of the City Council for each approved commercial property shall be paid to the City and a special guard dog identification tag shall be issued by an Animal Control Officer. The permit shall be displayed at the approved commercial property and an identification tag shall be affixed to the collar of each dog used. Nothing in this section shall exempt guard dogs from any of the other provisions of this chapter. (6) Each permit shall be valid for the period of one year and must be renewed annually within thirty (30) days after the renewal date. The renewal fee shall be established by resolution of the City Council. e e ORDINANCE NO. 93- 1922 11 (7) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial property, provided that for those commercial properties where guard dogs are in use when this chapter becomes effective, there shall be a ninety (90) day period in which to obtain the permit without penalty. (c) Exclusions. Dogs which are used to protect the property of their owner's private residence shall be excluded from the provisions of this section unless said residence is located on premises utilized for commercial purposes. (d) Unlawful Acts: Revocation of License. It shall be unlawful for any owner or person in control of any guard dog to keep or permit the same in or about any public house, public place, street, or alley of the city. The Director of the Animal Control Division shall have the authority to revoke the dog license of an owner of a dog which is determined to be vicious, in accordance with the provisions of this chapter. Sec. 5-19. sterilization of Adopted Dogs and Cats. The sterilization of dogs and cats adopted from an animal pound, shelter, or humane organization, shall be governed by the provisions of Chapter 828, "Dog and Cat sterilization," of the Texas Health and Safety Code, as the same may be amended from time to time. Sec. 5-20 - 5-26. Reserved. ARTICLE xv. ANXMALS XN PRIVATE CUSTODY Sec. 5-27. Cruelty to Animals. If any person shall hereafter within the limits of the City of La Porte, Harris County, Texas, willfully or wantonly kill, maim, wound, disfigure, poison, or cruelly and unmercifully beat or abuse any horse, ass, mule, cattle, sheep, goat, swine, dog or any other domestic animal, or any other domesticated bird; or over-ride, over-drive, overload, or in any other manner mistreat such animal, or fail to provide the same with proper food, drink or shelter, or shall drive or work or otherwise use such animal when same is maimed, wounded, sick or otherwise unfit for work, or shall willfully abandon any such animal or bird to die, or shall leave the same tied up or confined without proper feeding and caring for same, he shall be deemed guilty of a misdemeanor. . e ORDINABCE NO. 93- 1922 12 Sec. 5-28. Exceptions. This chapter is not to be construed to prevent police officers from killing dogs when entitled to do so by the statutes of the state of Texas, or by any ordinance of the City of La Porte now in effect, or that may be hereafter enacted. Sec. 5-29. Animals Having Glanders to be Killed. It shall be the duty of the Animal Control Officers to seize and kill all animals of the horse and ass species diseased with glanders or farcy in all cases where the owner or person in charge of said animals shall fail or refuse to immediately place or keep said animal in secure confinement, separate and apart from all other stock by at least two hundred (200) yards. Sec. 5-30. Animals suspected of Glanders to be Quarantined. In all cases where there are good reasons to believe that any animal of the horse or ass species has taken, or is liable to take, from contact, glanders or farcy, or has any disease liable to turn into either of said diseases, it shall be the duty of the said Animal Control Officers, upon failure or refusal of the owner or owners, to have said animal placed and kept in secure confinement, separate and apart at least two hundred (200) yards from all other stock, at the expense of the owner of said animal, until said animal shall be thoroughly cured or declared to be diseased with glanders or farcy. Sec. 5-31. Glanders; How Determined. For the purpose of determining whether any animal is diseased with farcy or glanders, or any disease liable to turn into either of said diseases, it shall be the duty of the Animal Control Officers to employ a competent veterinarian to examine and condemn said animal at the expense of the City. Sec. 5-32. stables, Etc., To Be Disinfected. It shall be the duty of every person or persons owning any yard, lot, stable or other building in which animals diseased with farcy or glanders may have been fed or kept, to immediately thoroughly disinfect and cleanse said yard, lot, stable or building, whenever notified by an Animal Control Officer to do so; and any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. e e ORDINANCE NO. 93- 1922 13 ARTICLE V. BIRD SANCTUARY Sec. 5-33. City Declared Bird sanctuary. (a) The City of La Porte is hereby designated a bird sanctuary. (b) The Chief of Police is directed to erect appropriate signs at the various entrances to the City of La Porte, indicating that the City of La Porte has been designated a bird sanctuary. (c) It shall be unlawful for any person to trap, hunt, shoot or. attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests. ARTICLE VI. WILD ANIMALS Sec. 5-34. Definition. Wild Animal as used in this article shall mean and include 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 safe manner or in secure quarters. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, all forms of poisonous reptiles, and other like animals. Sec. 5-35. caging. It shall be unlawful for anyone to keep or harbor any wild animal within the City limits unless the same is kept in a cage in a safe manner and in secure quarters or cage sufficient to contain such animal at all times. No such animal shall be housed within one hundred (100) feet of any property line. Sec. 5-36. Prohibition Against Running at Large. It shall be unlawful for anyone who owns, raises or keeps any wild animal to allow the same to be at large outside of its secure quarters or cage. In the event such animal is discovered outside of the secure quarters or cage, it shall be presumed that the person who owns, raises or keeps the same, willfully allowed it to roam at large outside the secure quarters or cage. . e ORDINANCE NO. 93- 1922 14 Sec. 5-37. Reqistration. Any person keeping a wild animal wi thin the City limits shall register the same with the Chief of Police within seven (7) days of bringing such wild animal within the City limits. Registration information shall include name, street address, and telephone number of the person keeping the wild animal; the kind of animal; type of quarters or cage; and location of quarters or cage on the person's premises. ARTICLE VII. BABY CRICKS Sec. 5-38. Sale of Baby Chicks, etc., Prohibited; Exception. (a) It shall be unlawful for any person to sell or offer for sale, barter or give away baby chicks, ducklings or other fowl or rabbits as pets or novelties, whether or not dyed, colored or otherwise artificially treated; provided, however, this subsection shall not be construed to prohibit the display or sale of natural chicks, ducklings or other fowl or rabbits in proper brooder facilities for hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes, or by students enrolled in an FFA or FHA program in the public schools. (b) As used in this section, the words "business of selling the same to be raised for commercial purposes" shall mean the selling or offering for sale of baby chicks, ducklings or other fowl or rabbits in quantities of not less than twelve (12). (c) No person shall sell or offer for sale baby chicks, ducklings or fowl or rabbits within the City of La Porte in quantities of less than twelve (12). (d) It shall be unlawful for any person to sell or offer for sale, barter or give away baby chicks, ducklings or other fowl or rabbits in any business establishment in the City of La Porte where food or beverages are sold for consumption on the premises. section 2. 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 5 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 3. 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 . e ORDINANCE NO. 93-1922 15 unconstitutional, void or invalid, the validity of the rema1n1ng 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, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. section 4. 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. Chapter 5 of the Code of Ordinances of the City of La Porte is expressly repealed. section 5. Any person who violates a prov1s10n of this ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed two hundred dollars ($200.00). Each day of violation shall be considered a separate offense. section 6. 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 ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotated; 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 7. This Ordinance shall be effective from and after its passage and approval, and publication of its caption as provided by law. . e ORDINANCE NO. 93- 1922 16 PASSED AND APPROVED, this 9th day of August, 1993. CITY OF LA PORTE By: ATTEST: ~~ Sue Lenes City Secretary Jo n D. Armstrong Assistant City Attor