HomeMy Public PortalAboutOrdinance No. 918-01 11-13-2001 ORDINANCE NO. 918-O1
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS," OF THE CODE
OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS; BY
AMENDING THE DEFINITION OF WILD ANIMAL; PROVIDING THAT TO
THE EXTENT PERMITTED BY LAW THIS ORDINANCE SHALL CONTROL
OVER OTHER LAWS GOVERNING WILD ANIMALS; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, in accordance with the requirements of Subchapter E of Chapter 822
of the Texas Health and Safety Code, the City Council desires to prohibit the ownership,
possession, confinement, and care of wild animals within the City; and
WHEREAS, the City Council has determined that to the extent permitted by Texas
• law, and in accordance with Section 822.116 of the Texas Health and Safety Code, this
ordinance shall control over other laws governing the ownership, possession, confinement,
and care of wild animals.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
A. That Chapter 6, Section 6-1, of the Code of Ordinances of the City of Richland Hills,
Texas, is hereby amended by amending the definition of "Wild Animal", to read as follows:
Wild animal means:
(1) Any poisonous or dangerous reptile including, but not
limited to: poisonous frogs, lizards, or snakes,
nonvenomous snakes capable of growing over six feet
• in length, alligators, crocodiles, or any other reptile
capable of causing serious injury or death, or raccoons,
or opossums; and
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(2) Any other animal that can normally be found in a wild
state and not normally capable of being domesticated
including but not limited to: a lion, a tiger, an ocelot, a
• cougar, a leopard, a cheetah, a jaguar, a bobcat, a lynx,
a serval, a caracal, a hyena, a bear, a coyote, a jackal,
a baboon, a chimpanzee, an orangutan, a gorilla, a
skunk, a fox, a panther, and any hybrid of any animal
falling under this definition.
SECTION 2.
Effect of Other Law
To the extent permitted by Texas law this ordinance shall control over other law
governing the ownership, possession, confinement, and care of wild animals. The
adoption of this ordinance is in lieu of the certificate of registration program provided by
Subchapter E of Chapter 822 of the Texas Health and Safety Code, and is expressly
permitted by Section 822.116 of the Texas Health and Safety Code, as it may be
amended.
SECTION 3.
• Cumulative Clause
This ordinance shall be cumulative of all provisions of the City of Richland Hills,
Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
SECTION 4.
Severability Clause
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if a phrase,
clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional
bythe valid judgment or decree of a court of competent jurisdiction, such unconstitutionality
shall not effect the remaining phrases, clauses, sentences, paragraphs, and sections of
• this ordinance, since the same would have been enacted by the City Council without the
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incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph,
or section.
• SECTION 5.
Savings Clause
All rights and remedies of the City of Richland Hills are expressly saved as to any
and all violations of the provisions of Chapter 6 of the Code of Ordinances of the City of
Richland Hills, Texas, or any other ordinances regulating wild animals which have accrued
at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6.
Penalty Clause
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 7.
Publication Clause
The City Secretary of the City of Richland Hills is hereby directed to publish in the
official newspaper of the City of Richland Hills, the caption, penalty clause, publication
clause, and effective date clause of this ordinance two (2) days as authorized by Section
52.013 of the Local Government Code.
SECTION 8.
Effective Date
• This ordinance shall be in full force and effect from and after its passage and
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publication as required by law, and it is so ordained.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 13th day ofNovemye~2001, by a vote of 3 ayes,
o nays, and o abstentions.
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EFFECTIVE:
APPROVE A O FORM AND LEGALITY:
CITY ATTORNEY
•
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