From
Danielle Tate, Animal Services Manager
Title
Ordinance amending the Code of Ordinances, Chapter Five, "Animal Services," Section 5-17(e)(4) covering appeals for dangerous animal cases
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
During the 84th Legislative Session, a bill was passed that clarified the appeal process for an animal that has been declared dangerous by the city. The proposed ordinance modification will insure that the city’s animal services ordinance is compliant with state statute.
The ordinance modification was reviewed by the City Council’s Public Safety, Heath and Environment Committee on June 6, 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 5-17(e)(4) BY SPECIFYING THE APPEAL PROCESS FOR A DANGEROUS ANIMAL DETERMINATION; 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, legislation passed by the Texas Legislature, during the 84th session, has resulted in the need to clarify the appeal process for dangerous animal cases; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 5-17(e)(4) is hereby amended to read as follows:
(4) An owner or victim, not later than fifteen (15) days after the date the owner or victim is notified that an animal owned by him is a dangerous animal or notified that a determination has been made that the animal is not dangerous, may appeal the determination of the Animal Services Manager to the city municipal court. Appeal of a dangerous animal finding of an animal that caused serious bodily injury is limited to the city municipal court. If the court makes a finding that the animal is dangerous and that the animal has caused serious bodily injury to a human, the court shall order that animal destroyed. There is no appeal from such an order. If the court finds that such animal has injured or killed other domestic animals while such animal was at large, the court shall order the animal destroyed or removed from the city, and there shall be no appeal from such order. Any other determination that the animal is dangerous may be appealed by the owner to a county court at law, in the same manner as an appeal of any other case filed in municipal court.
(4) Appeal
a. A victim, not later than fifteen (15) days after the date the victim is notified that a determination has been made that the animal is not dangerous, may appeal the determination of the Animal Services Manager to the city municipal court. If the city municipal court finds that the animal is not dangerous, there shall be no appeal from such order.
b. An owner, not later than fifteen (15) days after the date the owner is notified that an animal owned by him is a dangerous animal, may appeal the determination of the Animal Services Manager to the city municipal court, or other authorized court, as specified by state statute. A determination by the city municipal court that an animal is dangerous may be appealed by the owner to a county court or county court at law, in the same manner as an appeal of any other case filed in municipal court as specified by state statute.
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 12TH DAY OF JULY, 2016.