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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2041)-05/01/2018 ORDINANCE 0-18-2041 AN ORDINANCE AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES, CHAPTER 14 — ANIMALS, BY AMENDING SECTION 14- 1, DEFINITIONS TO ADD A DEFINITION FOR DOMESTIC ANIMAL, AND AMENDING AND RESTATING SECTIONS 14-18; 14-19; AND 14-41; CREATING AN OFFENSE FOR FAILURE TO REMOVE DOMESTIC ANIMAL EXCRETA FROM CERTAIN PROPERTY; PROVIDING FOR CIVIL REMEDIES; PROVIDING FOR A CRIMINAL PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE i WHEREAS, the City of Colleyville has determined that it is necessary to regulate activities as provided for herein to safeguard the public; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this ordinance is in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 14-Animals, is hereby amended by amending Sec. 14-1, Definitions, which shall read as follows: "Chapter 14 - ANIMALS, FOWL, INSECTS, AND REPTILES Sec. 14-1. - Definitions. Domestic Animal means any animal that lawfully may be kept as a pet or as livestock within the city so long as all of the required provisions of this Chapter are met, ownership or possession of said animal is not prohibited by any Ordinance 0-18-2041 Page 2 of 6 international, federal, state or local law, and it is not a wild animal, as defined herein, including but not limited, to the following animals. 1. Amphibians: Any frogs or toads commonly kept as pets; 2. Birds: Any birds commonly kept as pets, or any bird kept for falconry purposes by a state and federally permitted falconer; 3. Fish: Any fish commonly kept as pets; 4. Mammals: Any mammals commonly kept as pets or livestock including, but not limited to, dogs, cats, pigs, ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats, mice, chinchillas, sugar gliders, horses, cows, alpacas, and llamas; and 5. Reptiles: Any non-venomous reptile that does not typically reach total lengths greater than eight (8) feet. Sec. 3. THAT Chapter 14-Animals, is hereby amended by amending and restating Sections 14-18, 14-19 and 14-41 in their entirety to read as follows: "Chapter 14 - ANIMALS, FOWL, INSECTS, AND REPTILES Sec. 14-18. — Public nuisances. The following shall be considered a public nuisance and shall be unlawful: (a) No person shall willfully or knowingly keep or harbor on his premises or elsewhere, any animal, livestock, or fowl of any kind that makes or creates an unreasonable disturbance to the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof. Unreasonable disturbance includes, but is not limited to, animal making or creating prolonged noises by howling, barking, bawling, or otherwise. A person is deemed to have knowledge that an animal under their control is making or creating an unreasonable disturbance if such person has been notified by the animal control officer or any peace officer of such disturbance and either (1) failed or refused to correct such disturbance; or (2) prevent its recurrence. Ordinance 0-18-2041 Page 3 of 6 (b) It shall be unlawful for any owner of any animal to maintain yards, pens, stables, sheds, coops, or other enclosures in which any animal is confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects or rodents, or in any manner to endanger the public health, safety, or welfare, or to create a public nuisance. (c) Manure and droppings shall be removed from pens, stables, yards, coops, and other enclosures regularly and handled or disposed of in such a manner as to keep the premises free of any nuisance. (d) Mound storage of droppings of manure between such removals shall be permitted, only under such conditions as to protect against the breeding of flies, rodents, and to prevent the migration of fly larvae (maggots) into the surrounding soil. (e) The feeding of vegetables, meat scraps, or garbage to livestock shall be done only in impervious containers, or on an impervious platform. (f) Watering troughs or tanks shall be provided by the owner, which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, or other insects. (g) No putrescible material shall be allowed to accumulate on the premises; and all such material used to feed which is unconsumed shall be removed and disposed of by sanitary means. (h) It shall be unlawful for any person to maintain any animal, which repeatedly trespasses on public property, attacks other animals, or causes damage to public or private property. (i) No person shall willfully or knowingly allow a stray animal to remain on his premises. Any person willfully or knowingly who feeds or waters stray animals, or in any way encourages a stray animal to remain on his property, shall be in violation of this chapter. All provisions of this chapter shall apply to that person. Sec. 14-19. — Defecation of domesticated animal on public and private property. (a) An owner of a domesticated animal commits an offense if the owner knowingly permits, or by insufficient control allows, the domesticated animal to defecate in the city on private property or on property Ordinance 0-18-2041 Page 4 of 6 located in a public place and fails to remove said excreta within a reasonable amount of time. (b) It is a defense to prosecution under Subsection (a) that: (1) the property was owned, leased, or controlled by the owner of the domesticated animal; (2) the owner or person in control of the property had given prior consent for the domesticated animal to defecate on the property; or (3) the domesticated animal was a service animal being used in official law enforcement activities. (c) This section does not apply to a service animal that is specially trained to assist a person with a disability and that was in the custody or control of that disabled person at the time it defecated or was otherwise present on private property or on property located in a public place. j Sec. 14-41. - Violations; criminal and civil penalties; enforcement. (a) A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. (b) Each day that any violation of this chapter shall continue shall constitute a separate offense. (c) Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed: (1) $2,000 if the provision violated governs public health or sanitation; (2) the amount fixed by state law if the violation is one for which the state has fixed a fine; or (3) $500 for all other offenses. Ordinance 0-18-2041 Page 5 of 6 (d) The city's animal control officer, licensed peace officer, or code enforcement official shall have the authority to enforce the provisions of this chapter, including the authority to issue citations for any violation of this chapter. (e) It shall be unlawful for any person to interfere with any person listed in Section 14-41(d) in the performance of his/her duties. (f) The city's animal control officer, license peace officer and/or code enforcement official shall have the right of ingress and egress on private property for the purpose of apprehending animals at large when necessary to protect the public health, safety and/or welfare. (g) Prosecution for an offense under Subsection (a) does not prevent the use of civil enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (h) In addition to imposing a criminal penalty, the city may, in accordance with Section 54.012(5) and (10) of the Texas Local Government Code, bring a civil action against a person violating a provision of this chapter. The civil action may include, but is not limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local Government Code not to exceed $1,000 for each day or portion of a day during which each violation is committed, continued, or permitted. ...' Sec. 4. THAT all provisions of the ordinances of the City of Colleyville, Texas, in conflict with the provisions of this ordinance be and the same are hereby, repealed, and that all other provisions of the ordinances of the City of Colleyville not in conflict with the provisions of this ordinance shall remain in full force and effect. Sec. 5. THAT the meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Sec. 6. THAT if any one or more sections or clauses of this ordinance is judged to be unconstitutional or invalid, such judgement shall not affect, impair or invalidate the remaining provisions of this Ordinance 0-18-2041 Page 6 of 6 ordinance and the remaining provisions of the ordinance shall be interpreted as if the offending section or clause never existed. Sec. 7. THAT an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the ordinances of the City of Colleyville, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. Sec. 8. THAT this ordinance shall become effective from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 17th day of April 2018. The second reading and public hearing being conducted on the 1st day of May 2018. APPROVED BY A VOTE OF / AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 1ST DAY OF MAY 2018. Mayor Richard Newton AYE Mayor Pro Tern Bobby Lindamood iiYC Place 1, Tammy Nakamura fire Place 5, Nancy Coplen AYE Place 3, Kathy Wheat ASE Place 6, Mike Taylor ___ Place 4, George Dodson AYE ATTEST: Y OF COLLEYVILLE ktiitA-40-rfe-7\_/ Christine Loven, TRMC Richard Newton City Secretary Mayor APPROV D AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney