Loading...
Ordinance 2017-20 ORDINANCE NO.2017-20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 1997-05 CHAPTER 18 ANIMALS, SECTION 18-1 DEFINITIONS & ESTABLISHING SECTION 18-17 POT-BELLIED PIGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend the City Ordinance, Chapter 18, Section 18-1 Definitions & establishing Section 18-17 Pot-Bellied Pigs. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to City Ordinance Chapter 18, Section 18-1 Definitions and Section 18-17 Pot-Bellied Pigs; The City of Wylie's City Ordinance Chapter 18 is hereby amended as shown in Exhibit"A" attached and made a part of this Ordinance. SECTION 3: Savings/Repealing Clause: Wylie's City Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if'occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or Ordinance No.2017-20 Amending Ordinance No. 1997-05 chapter 18 animals,section 18-1 definitions &establishing section 18-17 pot-bellied pigs phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this27th day of June, 2017. I '/ ,•. rlc b ue,M o ATTEST: 0 , - - -� i9 - -------v:;- rl-,,,,,v‘ "19 abWhaakit JODIA A+ ..\ 'i� :t` Y ?�' Carole Ehrlich, City Secretary w ;.,,y,O �a L Y '� SZ. 42'n OF' S TE DATE OF PUBLICATION: July 5, 2017, in the Wylie News I Ordinance No.2017-20 Amending Ordinance No. 1997-05 chapter 18 animals, section 18-1 definitions &establishing section 18-17 pot-bellied pigs EXHIBIT "A" Chapter 18—Animals Sec. 18-1.-Definitions Livestock means a horse, stallion, mare, gelding, filly, colt, mule,jenny,jack,jennet, hog, sheep, goat or a head of any species of cattle. Pot-bellied pigs, as defined by this ordinance are not considered livestock. Sec. 18-17. —Pot-bellied Pigs (a) It shall be unlawful for anyone to keep swine within the city limits except for pot- bellied pigs which meets with the requirements set forth in subsection (b) below. (b) Requirements for keeping pot-bellied pigs: (1) Pot-bellied pig. The term"pot-bellied pig" shall refer to a variety of swine that is no more than 18 inches in height at shoulder level when fully grown,has short erect ears and a straight tail.No swine shall be considered a pot-bellied pig if its weight exceeds 95 pounds,or unless registered with a licensed breeder (2) It shall be unlawful for any person to keep, harbor, or raise more than two pot-bellied pigs in any one location within the city. (3) All such pot-bellied pigs shall be kept indoors at all times other than for evacuation of waste material or during exercise periods. The animals may not be left in the backyard or front yard of the owner's or harborer's residence unattended. All waste material must be collected and disposed of in a manner that will not create a nuisance. (4) Pot-bellied pigs are subject to all applicable laws and fees related to at large. (5) It shall be unlawful for any person to keep, harbor, or raise a pot-bellied pig which has not received annual vaccinations for erysipelas,parvo virus and leptospirosis (the first of which vaccination shall be obtained before the animal reaches the age of four months). It shall be the responsibility of the owner or caretaker of the pot-bellied pig to forward to the animal control department within 14 days of the vaccination a certificate from a licensed veterinarian which shall include the following information: a. Name, address, and phone number of the owner; b. Name, address and phone number of the licensed veterinarian issuing the certificate; c. Name and description of the animal; d. Types and dates of the vaccinations; e. Tag number(s); f. Approximate weight, height and age of the animal; and g. The animal's general health. h. Proof of spay or neuter (all pot-bellied pigs must be spayed or neutered by 12 weeks of age). L Microchip number and manufacture name (all pot-bellied pigs must be microchipped by 12 weeks of age). (6) It shall be unlawful for any person to keep a pot-bellied pig at any location within the city unless such a person has first filed with the animal control officer a completed application for a permit within 14 days of acquiring or relocation to keep a pot-bellied pig. The application must be accompanied by a fee of$10.00 per animal and the required veterinary certificate. The_permit must be renewed yearly by the 30th day of January regardless of initial issuance date. The permit and or registration is nontransferable to another owner or residence other than the initial register. (7) Upon the owner's or harborer's compliance with the above provisions of this section the animal control officer or his/her representative shall register the pot-bellied pig and issue a metal registration tag. The registration tag is to be affixed to the registered animal via collar or harness at all times. (8) It shall be unlawful for any person to breed pot-bellied pigs within the city. (9) Should the pot-bellied pig die, be moved or acquire a new owner or caretaker, it shall be the registered owner's duty to inform the animal control officer of this fact within 14 days of the event.