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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 W:\Richland Hills\Ordinance\WildAnimal.wpd (10!15/01) Page 1 (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 W:\Richland Hills\Ordinance\WildAnimal.wpd (10/15/01) Page 2 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 W:\Richland Hills\OrdinanCe\WildAnimal.wpd (10/15/01) Page 3 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. ~~~~~tgtt;t H 1rlf7l/~~,~ ~ ~,~`~~~~.<< ~`~^~~~ti%; MAYOR ~ ; \ ~ : ~ . ATTEST: am . _ _ r ~ _ _~q, ~ ~ a _ ~ '1~ t %~~~'%,,~...~®~~®~~o CITY SECRETARY '~~~nuuum~~~~~~`~ EFFECTIVE: APPROVE A O FORM AND LEGALITY: CITY ATTORNEY • W:\Richland Hills\Ordinance\WildAnimal.wpd (10/15/01) Page 4