HomeMy WebLinkAboutOrd 2026-5043_feeding of feral cats and ducksORDINANCE NO. 2026-5043
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 FERAL CATS AND FERAL DUCKS; 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 TWO THOUSAND 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, TEXAS:
Section 1. Chapter 14, "Animals," Section 14-1 "Definitions" of the Code of Ordinances of
the City of La Porte, Texas, is hereby amended by adding the following definitions, to be inserted
in property alphabetical sequence, which definitions shall hereinafter read as follows:
"Feeds" or `feeding" means making available for ingestion food items, including without
limitation grain, seeds, greens, breadcrumbs, and miscellaneous food scraps.
"Feral cat means any homeless, stray, free -roaming, community or untamed domestic cat."
"Feral duck means a domesticated duck, including but not limited to a Muscovy duck, that has
returned to a wild state"
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 amending Section 14-201 "Feeding of wild
animals prohibited" to hereinafter read as follows:
"Sec. 14-201. Feeding of feral ducks and feral cats prohibited.
(a) Except as provided in this article a person commits an offense if the person intentionally or
knowingly feeds or makes food available for consumption for feral cats or feral ducks 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 feral cats
or feral ducks."
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 amending Section 14-202 "Exceptions;
affirmative defenses" to hereinafter read as follows:
"Sec. 14-202. Exceptions; affirmative defenses.
(a)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.
(b) This ordinance does not apply to persons feeding feral ducks at city parks.
(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) This ordinance does not apply to persons who raise, keep or feed domestic livestock, poultry
or pets located on their property.
(g) This ordinance does not apply to persons engaged in wildlife management".
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 amending Section 14-204 "Offenses and
penalties" 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 detrimental to the public health and safety of the inhabitants of
the city and is punishable by a fine not to exceed $2000.00 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, Texas, shall be subject to fine not to exceed two thousand
dollars ($2000.00). Each animal with respect to which there is a violation and each day of violation
shall be considered a separate offense.
Section 8. The City Council officially fmds, 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 13th day ofJ
CITY OF LAP
By:
Rick Helt
, Mayor
APPROVED AS TO FORM:
Clark T. Askins
City Attorney