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Ordinance 1994-51 ORDINANCE NO. 94-51 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES AS HERETOFORE AMENDED BY AMENDING CHAPTER 2, TITLED "ANIMAL CONTROL"; PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF "RESTRAINT"; PROVIDING FOR THE DEFINffiON AND REGULATION OF DANGEROUS DOGS WITHIN THE CITY OF WYLIE; . ESTABLISHING PROVISIONS FOR THE REMOVAL, REPORTING AND SEARCH AND SEIZURE OF DANGEROUS DOGS AND VICIOUS ANIMALS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALER CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie finds that Section 15, Chapter 2, of the Wylie Code of Ordinances, does not sufficiently regulate dangerous dogs and vicious animals, and WHEREAS, the City Council finds cause for amending the definition of "restraint" to provide that all animals be controlled securely and safely, and WHEREAS, the City Council finds that the provisions in Section 15, Chapter 2, should apply uniformly to all "dangerous" dogs, and WHEREAS, the City Council finds that amendments to these provisions are needed to ensure the safety and welfare of the citizens of Wylie NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, that: SECTION 1. That Section 1, Chapter 2, be amended to include the following definition: Dangerous Dog - a dog that (a) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (b) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. and to amend the same section to remove the definition of "restraint" as heretofore adopted and replace it with the following amended definition: Restraint - an animal in a secure enclosure and/or completely confined by a building, wall or fence of sufficient strength of construction to restrain the animal on the premises of the owner or an animal off the premises of the owner and under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain or rope. SECTION 2. That Section 15. RESTRICTIONS ON PIT BULL DOGS, of the Wylie Code of Ordinances, is hereby entitled as follows: Section 15. RESTRICTIONS ON DANGEROUS DOGS SECTION 3. That Section 15 (a)(I)(a), 15(a)(I)(b), 15(a)(I)(c), 15(a)(1)(d), and 15(a)(I)(e) are hereby removed from the Code of Ordinances and shall no longer be in effect from and after the date of this ordinance and the remaining sections shall be renumbered consecutively. SECTION 4. That all references to pit bull dogs or registered pit bull dogs in Section 15 are hereby substituted with the phrase "dangerous dog" and that all former provisions, regulations, and restrictions in Section 15 shall apply to dangerous dogs as defined in Chapter 2, Section 1, as amended hereby. SECTION 5. That Sections 16 through 22 are hereby renumbered as follows: 17. LIVESTOCK & FOWL 18. PROTECTION OF ANIMALS 19. RESTRAINT 20. PREVENTION OF PUBLIC NUISANCES 21 ANIMAL WASTE 22. ANIMAL NOISE 23. TRAPS SECTION 6. That a new Section 16 be added as follows: 16. DANGEROUS DOG OR VICIOUS ANIMALS a. Running at Large Any vicious animal found running at large may be destroyed by any peace officer or Animal Control Officer in the interest of public safety. b. Removal of Vicious Animal The Animal Control Officer may order any owner or person having care, control or custody of any vicious animal to remove such animal permanently from the City. This animal must be removed immediately following receipt of such an order. The removal order may be appealed in writing within ten (10) days to the Municipal Judge." The Municipal Judge may uphold, reverse or modify the Animal Control Officer's order and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the City. If the Municipal Judge upholds the Animal Control Officer's order, the owner or person having care, control or custody shall not bring the animal back inside the City Limits. c. Failure to Remove If the owner or person having care, custody or control of a vicious animal fails to remove such animal as required by this ordinance, such animal may be impounded and/or destroyed. d. Reporting Requirements The owner or person having care, custody or control of a vicious animal must report the disposition and relocation of such animal to the Animal Control Officer in writing within ten (10) days after the expiration date for removal of such animal from the City. Each day thereafter such information is not provided shall constitute a separate offense. e. Search and Seizure The Animal Control Officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the City for being vicious has not been so removed. SECTION 7. 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 8. 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 9. 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 10. 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 to accrue, nor as affecting 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 ouncil of the City of Wylie, Texas, this the 8th day of November, 1994. ~'ifi-dda Attest . 7 f}.