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Ordinance 1993-31 ORDINANCE NO. f/2-2r/ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 1.0 OF CHAPTER 2 OF THE WYLIE CITY CODE BY CHANGING THE DEFINITION OF "RESTRAINT" AS THEREIN DEFINED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the definition of animal restraint currently contained in the Wylie City Code is such that it includes within the definition those animals who are under the control of a responsible person and obedient to that person's commands; and, WHEREAS, the City Council has determined that allowing for restraint by voice command does not provide citizens with sufficient protection from animal attacks, due to the possibility that such animal may not always obey such commands, and therefore has determined to require actual physical restraint; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 1.00 of Chapter 2, Animal Control, of the Wylie City Code be, and it hereby is, amended by deleting the current definition of "restraint" as therein contained and substituting the following in place thereof: "Restraint - Completely confined by a building, wall or fence of sufficient strength or construction to prevent the animals escape therefrom, except when such animal is either on a leash, or held in the hands Qf the owner or keeper with sufficient strength to control the animal, or under the direct supervision of the owner within the limits of the owners's private propeny or within an automobile or other vehicle Qf its owner. " 1 SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be su~ject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or 2 to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22nd day of June, 1993. .... ATTEST: ~'-11-(~ Mary Nichols City Secretary 3