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HomeMy WebLinkAboutOrd 2025-5021_Amends Ch. 14 regulations pertaining to the feeding of animalsORDINANCE NO. 2025-5021 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADOPTING REGULATIONS PERTAINING TO THE FEEDING OF ANIMALS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; 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 14, "Animals," Article V "Wild Animals", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending Section 14-201 "Offenses and Penalties" to hereinafter read as follows: "Sec. 14-201. Feeding of wild animals prohibited. (a) Except as provided below a person commits an offense if the person intentionally or knowingly feeds wild animals by making food available for consumption on private or public property within the territorial limits of the city. (b) A person commits an offense if the person intentionally or knowingly leaves or stores any refuse, garbage, food product, pet food, or forage product in a manner that would attract a wild animal." Section 2. Chapter 14, "Animals," Article V "Wild Animals", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 14-202 to hereinafter read as follows: "Sec. 14-202. Exceptions; affirmative defenses. (a) This ordinance does not apply to the placement of food into feeders kept at a minimum of five feet above the ground surface and intended for birds. (b) This ordinance does not apply to an animal control officer, veterinarian, peace officer, city employee, federal or state wildlife official, who is acting pursuant to a lawfully authorized program to treat, manage, capture, trap, hunt, or remove wildlife and who is acting within the scope of the person's authority. (c) This ordinance shall not apply to birdfeeders used for the sole purpose of feeding wild birds within the boundaries of a person's owned or occupied property. (d) This ordinance does not apply to individuals who possess a hunting permit as and set out feed for the purpose of baiting and attracting game animals. (e) This ordinance does not apply to any person who is using food as an attractant to live trap a wild animal, a stray animal or a feral/community cat in a legally authorized or permitted manner. (f) It is an affirmative defense to prosecution under this section if a person places food, in good faith, for the purpose of feeding domestic livestock or domestic pets located on their property." Section 3. Chapter 14, "Animals," Article V "Wild Animals", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 14-203 to hereinafter read as follows: "Sec. 14-203. Enforcement. (a) Animal control officers, park rangers, code compliance officers and police officers are hereby given full power and authority to enforce this ordinance. (b) It is a violation to hinder, molest or interfere with anyone authorized or empowered to perform any duty under this ordinance." Section 4. Chapter 14, "Animals," Article V "Wild Animals", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 14-204 to hereinafter read as follows: "Sec. 14-204 - Offenses and penalties. (a) A person commits an offense if the person violates section 14-197, section 14-198, section 14- 199, section 14-200, or section 14-201 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 $2,000.00 for each offense. (c) An offense under this article is a Class C misdemeanor." Section 5. 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 6. 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. Section 7. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. 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, 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 contacts 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 once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the' day of ATTEST: CITY OF LA PORTE, By: Rick Helton, Mayor '' • 0 L e Woodward #*; , ,- , -� ity Secretary �i '. r e �id1iy� .;yQ APPROVED AS TO FORM: k% o/ �\" .................. (4.4JZ Clark T. Askins City Attorney 2025.