ORD 2008-43TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-43
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 1.10 ENTITLED "IMPOUNDING OF
ANIMALS" OF ARTICLE i ENTITLED"ANIMALS" OF CHAPTER
II, ENTITLED "ANIMAL CONTROL", OF THE CODE OF
ORDINANCES OF THE TOWN BY ADOPTING A NEW SUB-
SECTION F, ENTITLED "SURRENDER OF ANIMALS';
PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas has the
authority to adopt ordinances for the good government of the Town; and
WHEREAS, the Town maintains an animal shelter and provides animal
control services in the Town in order to protect the public health, safety and
welfare; and
WHEREAS, the Town Council has determined it appropriate and in the
best interest of the public to allow the owner of a domestic animal the opportunity
to surrender that animal to the Town under certain circumstances; and
WHEREAS, the Town Council hereby finds and declares that it is in the
interest of the public health, safety and general welfare to establish the
regulations set forth in this ordinance for the surrender of domestic animals within
the limits of the Town of Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
Ordinance 2008-43
AMENDMENT
2.01 Section 1.10, entitled "Impounding of Animals", of Article I entitled
"Animals" of Chapter ll, entitled "Animal Control", is hereby amended to add Sub -
Section F, entitled "Surrender of Animals" so that Section 1.10(F) shall be and
read as follows:
Section 1.10 Impounding of Animals
F. Surrender of Animals
1. The Owner of a Domestic Animal may seek permission from the Local
Rabies Control Authority to surrender the Domestic Animal to the
Animal Shelter. The Local Rabies Control Authority shall have the
discretion to accept or reject the surrender of the Domestic Animal
based upon available space and resources at the Animal Shelter and
based upon compliance with all requirements of this Section.
2. An Owner requesting to surrender a Domestic Animal to the Local
Rabies Control Authority shall complete a Surrender Form and submit a
Surrender Fee as required by the Schedule of Fees of the Town, as
amended from time to time, and when applicable, shall also pay all
costs of transportation, shelter and impoundment for that Domestic
Animal.
3. If the Owner surrendering the Domestic Animal can provide
documentation that the surrendered animal has a current rabies
vaccination and has been spayed or neutered, the Surrender Fee shall
be one-half (112) of the Surrender Fee found in the Schedule of Fees of
the Town.
4. Upon completion of all required forms, payment of all applicable fees,
including all fees resulting from the impoundment, transportation, and
shelter of a Domestic Animal, when applicable, and acceptance of the
Domestic Animal by the Local Rabies Control Authority, the animal
shall be impounded and shall immediately become the sole property of
the Town. The impounded animal may be placed up for adoption or
euthanized as determined by the Local Rabies Control Authority.
5. The Local Rabies Control Authority is under no obligation to notify the
former Owner of a surrendered Domestic Animal if it is determined that
the animal must be euthanized.
6. As used in this section, the term Domestic Animal shall mean any of the
various animals that have been tamed and made fit for a human
environment and that are permitted to be maintained within the Town
Ordinance 2008-43 2
by ordinance, regulation or policy, such as dogs, cats and ferrets.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Animal Control and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are
in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town
of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this
Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor
more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or
continues.
SECTION 7
PUBLICATION
Ordinance 2008-43 3
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required
by Section 52.011 of the Texas Local Government Code.
SECTION B.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage and
publication in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 15`h day of December 2008.
ATTEST:
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
[SEAL]
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Town Attorney, Patricia Adams
Town of Trophy Club, Texas
Mayor, Nick tanders
Town of Trophy Club, Texas
Ordinance 2008-43 4