From
Daniel Tate, Animal Services Manager
Title
Ordinance amending the Code of Ordinances, Chapter Five, "Animals Services" Section 5-13 covering animal impoundments
Presenter
Jim Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
A recent Texas Supreme Court ruling from a case in Houston, has clarified that city animal services ordinances must specifically state that ownership of a stray or abandoned pet transfers to the city following the required holding period. The proposed ordinance modification will ensure that the mission of the Prairie Paws Adoption Center to find "forever" homes for stray or abandoned pets can continue unimpeded.
The ordinance modification was reviewed by the City Council's Public Safety, Health and Environment Committee on May 2, 2016.
Financial Consideration
None
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER FIVE "ANIMAL SERVICES," OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, BY AMENDING SECTION 5-13 BY SPECIFYING THAT AFTER THE REQUIRED HOLDING PERIOD, STRAY, ABANDONED, OR SURRENDERED ANIMALS BECOME THE PROPERTY OF THE CITY O GRAND PRAIRIE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, the Code of Ordinances of the City provides for standards for the health, safety, and welfare of animals; and
WHEREAS, a recent Texas Supreme Court ruling has resulted in the need to clarify the city's animal impoundment ordinance section; and
WHEREAS, the ordinance modification is necessary to allow the shelter to continue its mission of finding "forever" homes for pets; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 5-13 is hereby amended to read as follows:
Sec. 5-13. - Impoundment.
Any dog or unvaccinated or unsterilized cat found to be running at large within the city, or any dog or cat found not wearing a collar or harness to which is attached a metal vaccination-registration tag showing that the dog or cat has been vaccinated against rabies and registered may be impounded in the city animal shelter. The owner of a dog or cat which has been impounded under this section may reclaim such animal upon payment of the impoundment fees, handling charges, and any veterinarian bills incurred by the city's animal services office for the welfare of the animal and upon compliance with the vaccination and registration provisions of this chapter. The owner of any impounded dog or cat, including those released from quarantine, shall have a microchip implanted in the animal by the Animal Services Manager prior to being permitted to repossess such dog or cat.
Any dog or cat impounded under this section which is not reclaimed by the owner within seventy-two (72) hours of impoundment shall become the property of the City of Grand Prairie, and may be placed for adoption, transferred to rescue/foster organizations/individuals, transferred to other humane organizations, or destroyed humanely. All animals that are voluntarily surrendered to the Animal Services Manager shall immediately become the property of the City of Grand Prairie, and the Animal Services Manager shall be authorized to determine the appropriate disposition.
SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4. That this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 3RD DAY OF MAY, 2016.