No preview available
Ordinance 2004-13 ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 92-5, SECTION 1 (DANGEROUS DOGS), SECTIONS 15.01(B), 15.02(D) AND 15.04(A) AND (B); AMENDING ORDINANCE NO. 94-51, SECTION 1 (DANGEROUS DOGS); AMENDING ORDINANCE NO. 87-57, SECTION 22 (ANIMAL WASTE); AMENDING ORDINANCE NO. 87- 57, ADDING SECTION 6A TO PROVIDE FOR DOG AND CAT STERILIZATION; PROVIDING FORA PENALTY FOR THE VIOLATION OF TillS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. 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 Wylie Ordinance No. 92-5, Section 1 (Dangerous Dogs), Sections 15.01(b), 15.02(d) and 15.04(a) and (b), Wylie Ordinance No. 94-51, Section 1 (Dangerous Dogs), Wylie Ordinance No. 87-57, Section 22 (Animal Waste) and Wylie Ordinance No. 87-57, adding Section 6A to provide for dog and cat sterilization as provided herein; and WHEREAS, it is in the interest of the public health, safety and welfare that animals are controlled; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for this Ordinance have been performed and completed in the manner and form set forth bylaw. 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 WYLIE ORDINANCE NO. 92-5. SECTION 1 (DANGEROUS DOGS). SECTION 15.01(B) AND ORDINANCE NO. 94-51. SECTION 1 (DANGEROUS DOGS). Wylie Ordinance Nos. 92-5, Section 1 (Dangerous Dogs), Section 15.01(b) and 94-51, Section 1 (Dangerous Dogs) are hereby amended by replacing the definition of "dangerous dog" to read as follows: "Dangerous Dog means a dog that: (1) makes an unprovoked attack on a person or another animal 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 (2) 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 Ordinance #2004-13 ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NOS. 92-5, 94-51 AND 87-57) Page 1 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 or other animal." SECTION 3: AMENDMENT TO WYLIE ORDINANCE NO. 92-5. SECTION 1 (DANGEROUS DOGS). SECTION 15.02(D). Wylie Ordinance No. 92-5, Section 1 (Dangerous Dogs), Section 15.02(d) is hereby amended to read as follows: "( d) Appeals of determinations. An owner, in accordance with ~822. 0421, Texas Health and Safety Code, as it exists or may amended, may appeal the determination of the animal control authority to a justice or municipal court of competent jurisdiction. An owner may appeal the decision of the justice or municipal court in the same manner as an appeal for other civil cases." SECTION 4: AMENDMENT TO WYLIE ORDINANCE NO. 92-5. SECTION 1 (DANGEROUS DOGS) SECTIONS 15.04(A) AND (B). Wylie Ordinance No. 92-5, Section 1 (Dangerous Dogs) Sections 15.04 (a) and (b) are hereby amended to read as follows: "(a) Unprovoked attack; owner's offense. A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person or animal outside the dog's secure enclosure and causes bodily injury to the other person or animal. (b) Misdemeanor classification. An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death of a person or animal, in which event, the offense is a class A misdemeanor. SECTION 5: AMENDMENT TO WYLIE ORDINANCE NO. 87-57. SECTION 22 (ANIMAL WASTE). Wylie Ordinance No. 87-57, Section 22 (Animal Waste) is hereby amended to rename the section and add the following subsection (c): "ANIMAL WASTE/SLAUGHTERING OF ANIMALS. (a) [as written) (b) [as written) (c) It shall be unlawful for any person to slaughter, skin or defeather an animal within the City, unless as part of a bona fide, licensed business. . It shall further be unlawful for any person to butcher or display the carcass of an animal on residential property within the City whereby it is in the view, in whole or in part, of the public, except an animal carcass actually cooking over a barbecue pit or a dead animal being prepared by a licensed taxidermist for the purpose of display." SECTION 6: AMENDMENT TO WYLIE ORDINANCE NO. 87-57. ADDING SECTION 6A TO PROVIDE FOR DOG AND CAT STERILIZATION. Wylie Ordinance No. 87-57 is hereby amended to add Section 6A (Sterilization) as follows: Ordinance #2004-13 ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NOS. 92-5, 94-51 AND 87-57) Page 2 "SECTION 6A: DOG AND CAT - GENERALL Y (a) Sterilization. It shall be unlawful for any person to adopt a dog or cat without complying with the sterilization requirements set forth in Chapter 828, Texas Health and Safety Code, as it exists or may be amended." SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding TWO THOUSAND AND NO/lOO DOLLARS ($2,000.00). 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 8: Savings/Repealing Clause. Wylie Ordinance Nos. 92-5, 94-51 and 87-57 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 to the extent they are in conflict; 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 ordinances shall remain in full force and effect. SECTION 9: Severability. Should any section, subsection, sentence, clause or phrase ofthis 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 phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 10: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27th day of April, 2004. ATTESTED TO AND CORRECTLY RECORDED BY: a MONDY, Mayor \\\11 III/III, ",,\\ IA,y"I,/ , _I I'V,... ""~, ....... ( ... , ~" .... ". /......, ~ , " ", <<' -:. .... r " .. ~', ~ .... '-'. e.--.---T . ..... ~ [ SE. AL 1 ~ - . ~ . - ... . .- . . . ~ ~ " ~ ". .,' ~ " '" .... r.-. .::- ~ ~ ....... ~J" '''''"/'Tf, / E, i't-~",'" 1"11111111\\\ Date(s) of Publication: 05-05-04 Ordinance #2004-13 ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NOS. 92-5, 94-51 AND 87-57) Page 3 THE WYLIE NEWS t:overmg Wylie, Sachse, Murphy and the surroundmg area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinance No. 2004-13 was published in said newspaper on the following date(s), to-wit: May 5, 2004. Chad Engbrock, Publisher Subscribed and sworn before me on this, the ~ day of ~ , 2004 to certify which witness my hand and seal of office. ADA L. MOONEY Notary Public State ofTexas My Comm, ISllp. 01-02-07 ~~~ - otary Public in and for The State of Texas My commission expires 01102/07 ....-- - ~-- - --- ciaswsIried'2Ad vert: Public Notices INVITATION FOR BIDS NORTH TEXAS MUNICIPAL WATER DISTRICT REPAIR OF RAW WATER NO.1 PUMP STATION ROOF Sealed bids addressed to the Administrative Officer of the North Texas Municipal Water District will be received at the Administrative Offices of the North Texas Municipal Water District at 505 E. Elementary School, 5651 Coventry Dive, Richardson, Texas. Early voting by personal appearance will be con- ducted at: City Hall, 205 North Murphy Road, Murphy, Texas; Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas. April 28 - May 1, 8:00 a.m. - 5:00 p.m.; May 3 - May 5, 8:00 a.m. - 5:00 p.m.; May 6, 8:00 a.m. - 7:00 p.m.; May 7, 8:00 a.m. - 5:00 p.m.; May 10 -May II, 8:00 a.m. - 5:00 p.m. Applications for ballot by mail shall be mailed to: Sharon Rowe, Elections' Administrator (Early Voting Clerk), 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of busi- ness on Friday, May 7, THE CITY OF MUR- PHY Zoning Board of Adjustments V2004-02 In accordance with Texas Local Governmen~c de ~212,aPublicHearin .'1 be held by the i g Board of Adjustm on May 25, 2004, at 7:00 p.m. in the City Council Chambers at 205 N. Murphy Road, Murphy, Texas, for the purpose of receiving comments on a variance request to enter into a Temporary Development Agreement between the City of Murphy, Texas and com- mercial property owner Boyd Cockrill. CITY OF MURPHY, TEXAS Robby L. Blair, City PlannerlBuilding Official 50-1t-952 A PENALTY FOR THE t VIOLATION OF THIS ] ORDINANCE; PROVID- ING FOR REPEALING, SAVINGS AND SEVER- c ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND ' PROVIDING FOR THE I PUBLICATION OF THE ] CAPTION THEREOF. 1 \_' 50-lt-339! ~ITY OF LAVON, TX , RESOLUTION NO. ",rhe TCE<.l executive direc- tor has determined the application is adJTIinistra- tively complete and will conduct a technical review of the application. After completion of the technical review, the TCEQ will issue a Notice of Application and Preliminary Decision. It is requested that you make your views known, either in person, by writ- ing, or by a dulyauthonzed representative to aid the Zoning Board of Adjustment in determining the proper action on this request. / ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 92-5, SECTION I (DANGER- OUS DOGS), SECTIONS 15.01(B), 15.02(D) AND 15.04(A) AND (B); AMENDING ORDI- NANCE NO. 94-51, SEC- TION 1 (DANGEROUS DOGS); AMENDING ORDINANCE NO. 87-57, SECTION 22 (ANIMAL WASTE); AMENDING ORDINANCE NO. 87-57, ADDING SECTION 6A TO PROVIDE FOR DOG AND CAT STERILIZA- TION; PROVIDING FOR PUBLIC COMMENT / PUBLIC MEETING. You . may submit public com- ments or request a public meeting about this appli- cation. The purpose of a public:; meeting is to pro- vide the opportunity to submit comments or to ask questions about the appli- cation. The TCEQ will hold a public meeting if the . PUBLIC NOTICES · PUBLIC NOTICES · PUBLIC NOTICES JUaA/St$ sux~l }O 100 JuaA/3Z$, A1UOO:)"J6 lfl(} , . . JualjtZ$ . I - - , t~o~~~"~~;:;:;~M~~~ "Iqupu~d"a . p'J~~u"dX3 f~.j"'r . . 3JIAH3S _L NA\V 1 V3AOD !;l-lt ;6 pd-h\O~-I(,:-t I fItL-66t-tIZ BaJ'lf IBOO, JnOA UI "jn(-!{ 8UlJuiJs;J.1da}j ,{JdttJ!'mpX'JJ" @SllO.L'IV311 SlI3:.LNJ1H 3WOH M3N uI-aAow 05L.$ /.luau A"lfM !lIa)IIFLS"S8Z'tiZ ; ~t-t'StZ'U6 'i.~:l!!!l'H <,,'J."I ~);"JU\O T .. ~ ......... 'HT'~tA;TZ 10 90\ ,.J.,Ul.~. I