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HomeMy Public PortalAboutOrdinance No. 961-03 06-24-2003 • ORDINANCE NO. 961-03 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS REVISING SECTION 6-148 OF CHAPTER 6, ENTITLED "ANIMALS",FOR THE PURPOSE OF PERMITTING THE LIFETIME REGISTRATION OF DOGS AND CATS WHICH HAVE INSERTED AN IDENTIFYING MICROCHIP BY THE CITY, AND AMENDING APPENDIX A OF THE CITY CODE, SPECIFICALLY, THE FEE SCHEDULE, BY THE ADDITION OF A FEE' FOR MICROCHIP INSERTION AND LIFETIME REGISTRATION OF PETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills 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, the City Council for the City of Richland Hills, Texas, has determined the insertion of identifying microchips into dogs and cats kept as pets within the City will reduce the number of lost dogs and cats that cannot be reunited with their owners; and WHEREAS, the City Council wishes to encourage the insertion of such microchips on a • voluntary basis, and to authorize the City animal control staff to insert such identifying microchips when requested by the owner, and so wishes to amend Chapter 6 and the Fee Schedule to permit lifetime registration of any dog or cat which has such a microchip inserted by the City; and WHEREAS, The City Council thus deems it advisable and necessary to revise Chapter 6 and the fee schedule by providing for lifetime registration of pets in which such microchips have been inserted, and to provide for a reasonable fee for the insertion of such a microchip; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 6-148 Section 6-146 of Article IV, Division 3, of Chapter 6 of the Richland Hills City Code is hereby amended to read as follows: No owner shall have within the city any dog or cat four months of age or older unless such dog or cat is currently registered with the city. No dog or cat shall be registered without proof of current rabies vaccination. Registration may be issued either annually or for the life of the dog or cat registered, as provided herein. • (a) If the owner chooses to register the owner's dog or cat annually, upon compliance with the requirements of this Chapter and payment of the required fee, a current registration certificate and a metal registration tag with the month and year of expiration will be issued by the city. The registration tag issued by the city, must be affixed to a collar or harness that must be worn by the animal at all times. (b) If the owner chooses to register the owner's dog or cat for the life of the animal, upon compliance with the requirements of this Chapter and payment of the required fee, the City animal control staff will insert an identifying microchip acceptable to the City Animal Control Officer into the animal, and the animal will be considered to be validly registered for the life of the animal. Such lifetime registration shall be subject to revocation, however, as provided by this Chapter or other applicable law. In lieu of insertion of such microchip by City animal control staff, the owner may provide evidence of previous insertion of such an identifying microchip in the dog or cat satisfactory to the Animal Control Officer. While microchip insertion will be available for "guard dogs" and "dangerous dogs," such will not alleviate the owner from the responsibility to comply with all provisions of this Chapter applicable to such types of animals, including but not limited to the requirements for registration, registration fees, and the wearing of collars and tags. • SECTION 2. AMENDMENT OF FEE SCHEDULE The following fees are hereby adopted and shall amend, as appropriate, Appendix A of the Richland Hills City Code: CHAPTER 6. ANIMALS 6-148 Registration fees: (1) Annual registration for dog or cat, not sterilized $5.00 (2) Annual registration for dog or cat, sterilized $3.00 (3) Lifetime registration of dog or cat with microchip insertion $20.00 SECTION 3. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. • AMENDMENT OF CHAPTER 6 AND FEE SCHEDULE TO PERMIT MICROCHIP INSERTIONS AND LIFETIME REGISTRATION OF DOGS AND CATS Page 2 W~.\Richland Hills\Ordinance\Amendment of Chapter 6 and Fee.Schedule to permit microchip insenion and lifetime registration of dogs and cats.wpd • SECTION 4. PROVISIONS SEVERABLE 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 any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance twice in the official city newspaper as authorized by Section 52.013 of the Local Government Code. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among • the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION 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 no more than Five Hundred Dollars ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. n PASSED AIv'D APPROVED ON THIS DAY OF_ ~ ~ 2003. • AMENDMENT OF CHAPTER 6 AND FEE SCHEDULE TO PERMIT MICROCHIP INSERTIONS AND LIFETIME REGISTRATION OF DOGS AND CATS Page 3 W:\Richland Hills\Ordinance\Amendment of Chapter G and Fee.Schedulc to permit microchip insertion and lifetime registration of dogs and cats.wpd • THE H NORABLE NELDA STRODER, MAYOR ATTEST: TERRI WILLIS, CITY SECRETARY EFFECTIVE: APPROVED T FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • • AMENDMENT OF CHAPTER 6 AND FEE SCHEDULE TO PERMIT MICROCHIP INSERTIONS AND LIFETIME REGISTRATION OF DOGS AND CATS Page 4 W:\Richland Hills\Ordinance\Amendment of Chapter 6 and Pee.Schedule to permit microchip insertion and lifetime registration of dogs and cats.wpd