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Home My Public Portal AboutOrdinance No. 1013-05 04-26-2005 ORDINANCE NO. 1013-05 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS REVISING AMENDING SECTION 6-220 OF THE CITY CODE TO PERMIT THE CITY ANIMAL CONTROL DEPARTMENT TO INCLUDE THE COSTS OF VACCINATIONS AND SPAY/NEUTERING OF ANIMALS IN ADOPTION FEES, AND AMENDING THE FEE SCHEDULE FOR ADOPTION FEES FOR DOGS AND CATS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; 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 finds that the failure of numerous pet owners to spay/neuter their dogs and cats has resulted in a significant over-population of these animals that results in stray dogs and cats running loose within the City; and WHEREAS, the City Council further finds that such stray animals increase the risk of the spread ofanimal-borne diseases and dog attacks, and create a health and safety hazard to the public, and to citizens' pets; and WHEREAS, the City Council further finds that vaccination and spaying/neutering of dogs and cats, including those adopted through the City's animal shelter; and WHEREAS, the City Council deems it advisable and necessary to revise the City Code and the fee schedule to provide for the City's animal control staff to arrange for vaccination and spaying/neutering ofdogs and cats, and to include the costs for those procedures in the adoption fees charged, in order to recoup the expenses incurred by the City in providing such services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 6-220 Section 6-220(b) of Article V of Chapter 6 of the Richland Hills Code of OrdirLances is hereby amended to provide as follows: (b) An individual may adopt a dog or cat from the city animal shelter if all of the following conditions have been satisfied: • (1) The animal has been classified as adoptable by the animal control officer; (2) The prospective adopter has proper facilities to care for the animal; (3) The animal control officer verifies that the animal has been properly vaccinated and spayed or neutered, or arranges for the animal to be vaccinated and spayed or neutered prior to adoption, provided, however, that the animal control officer may, in the officer's discretion, permit the prospective adopter to arrange for the animal to be spayed or neutered following adoption if, in the animal control officer's opinion, spaying or neutering the animal prior to adoption would unreasonably endanger the life of the animal. In the event that the animal control officer permits the prospective adopter to arrange for the animal to be spayed or neutered following adoption, the prospective adopter must agree in writing to arrange for the animal to be spayed or neutered within a time period acceptable to the animal control officer, but in no event, longer than thirty (30) days after adoption for dogs or cats more than six months of age, or longer than one hundred twenty (120) days following adoption for dogs or cats less than six months of age, and, if the prospective adopter fails to timely do so, the prospective adopter shall forfeit all rights to the • animal, and the animal shall be subject to impoundment by the animal control officer; (4) The prospective adopter shall pay in full the appropriate fee from the fee schedule as provided in appendix A,plus the current cost incurred by the City for vaccinating and spaying/neutering the animal, as provided in subsection (b)(3) of this section. The current costs for such services shall be posted in the Animal Services Center. (5) The prospective adopter shall pay in full the appropriate registration fee. The remainder of Section 6-220 shall remain unchanged. • AIIIENDMENT OF SECT[ON 6-220 AND FEE SCHEDULE REGARDING ANIMAL VACCINATION AND SPAY/NEUTER Page 2 W:\Richland Hills\Ordinance\Animal Vaccination and Spay-Neuter Ordianance and Fee Schedule Amendment.wpd • SECTION 2. AMENDMENT OF FEE SCHEDULE The following fees are hereby adopted and the Fee Schedule, Appendix A to the Richland Hills City Code is hereby amended to provide as follows: Code Section Description Amount 6-220(b)(4) Adoption Fee Ten Dollars ($10.00) plus the current cost to the City for vaccination and spay/neuter, if such services are required by ordinance. 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 in direct 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. 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 hereby directed to publish this ordinance to the extent required by law. 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 • AMENDMENT OF SECTION 6-220 AND FEE SCHEDULE REGARDING ANIMAL VACCINATION AND SPAY/NEUTER Page 3 W:\Richland Hills\Ordinance\Animal Vaccination and Spay-Neuter Ordianance and Fee Schedule Amendment.wpd • 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 ofthe provisions of this Ordinance shall be fined no more than Five Hundred Dollars ($500.00) for all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION S. 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. PASSED AND APPROVED ON THIS ~w DAY OF , 2005. ,~~si~r~~~~ C~~~~ TH HONORABLE NELDA STRODER, MAYOR i 9b ~ M~ p,~ e - A" ~ ~ ATTEST: ~ ~ ~ ~ KIM UTTER, CITY SECRETARY ~ ~ f i d EFFECTIVE: - ~5 APPROVED O FORM AND LEGALITY: TIM G. SRALLA, CI ATT EY • AMENDMENT OF SECTION 6-220 AND FEE SCHEDULE REGARDING ANIMAL VACCINATION AND SPAY/NEUTER Page 4 W:\Richland Hills\Ordinance\Animal Vaccination and Spay-Neuter Ordianance and Fee Schedule Amendment.wpd INVOICE hr~~;«° Star-Telegram Customer ID: CIU08 40o w. 7tn street Invoice Number: 254836451 FORT WORTH. TX 76102 (g17~ 390-7761 Invoice Date: 4/30/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25483645 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attn BARBARA . WRIGHT Publication Date: 4/30/05 Description Location Col Depth Linage '~'Il1 Rate Amou~[t CITY OF RICHLAND HILLS - ORDIN 13580 1 67 67 LINE $0.53 $35.51 clTV of RICHLAND HILLS - .ORDINANCE Net Amount: $35.51 1013-05 AN ORDINANCE OF THE CITY OF TEXAS NAMENDINS~' SECTION g 220 OF THE CITY CODE TO PERMIT THE CITY ANIMAL CONTROL I~p~L ~TMENT TO NATIONS AN[) 3PT~h11E/ NEUTURING OF ANIMALS IN ADgOP- TIONE~jF~E~ESTHE FpED ADOPTI fPfOPI FEE FOR DOGS AND CATS; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE• PROVID- ING FOF~ PUBLICA- THE STATE TION AS REQUIRED COUnty Of T ING FORS PU ° c°A- TION IN PAMPHLET A P~NA ROVIDIONGR Before me, ~ V I O L A T I O N S nor said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star- PaovlD°iN~ ANAE ~ 'the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say FECTIVE DATE. ANY ~tiRm'~'~~ that the att~ PERSON FIRM, OR 'ertisement was published in the above n ed paper on the lis ed dates: BIDS 8i LEGAL DEPT. \`\\`1R~T „ R~1 CORPOF~ATION who ~ ~p~ /ip, (817) 39C violates, disobeys, P SACKS omits, neglecpt~sy or ~ orf who REFUSES TO Signed Q? P U9~ O2 COMPLY WITH OR ,~P i WHO RESISTS THE ~ ; ~ n enforcement of an of = SUBSCRIBI o~dinsnce1Oanaii ~ba 3EFORE ME, THIS Tuesday, May 10, 200. _ ~ z ~ fined no more than ~ sfgl t~}~ _ FIVE HUNDRED /I DOLLARS ($soo.oo) Notary Public L Ala '7--~~ F OF 5 r FOR ALL VIOLA- TIONS OF THIS ~ .fxP~R~'•OID pa DtttdteeSepsaal /////,//~~~/~~~8,~~~li~~u~O~,,`\\`\`~ Thank Y( PP R ~~~o Iyment HILLS CITY 000N- CIL. APRIL 26, 2005. ' ° ° 'm.. - Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 254836451 • Invoice Amount: $35.51 PO Number: Amount Enclosed: ~