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HomeMy WebLinkAboutORD 1977-033 CITY OF GRAPEVINE ORDINANCE NO. 77-33 AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY CODE OF THE CIN OF GRAPEVlhJE DEALING WITH DOGS BY AUTHORIZING THE CITY MANAGER OR H'IS DULY ASSIGNED DESIGNATEE TO IMPOUND AND DISPOSE OF ALL ANfMALS FOUND IN THE CIN AS ESTRAYS; PROVIDING FOR SHELTER FEES; PROVIDING FOR REDEMPTION; PROVIDING A DISCLAIMER AS TO TITLE OR OWNERSHIP; PROVIDING A SEVERABILlTY CLAUSE; PROVIDING A PENALTY AND DECtARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIN OF GRAPEVINE, TEXAS: Section 1 . That chapter 4 of the Grapevine City Code dealing with Dogs is hereby amended by adding the following additional sections to provide procedure for the City �o impound and dispase of estray animals: � ��Section 6-4-19 - Definition of estray�ny domestic animal (other than , cats and dogs) found running loose as a stray animal. Section 6-4 20 - The City Manager or his Designatee upon finding of an ' estray animal shall place same in the City Animal Pound or in a suitab{e location under tha circumstances. Section 6-4-21- The City Manager or his Designatee at the end of seven (7) days if the owner of the estray has not redeemed same shal{ sell or dispose of said estray in acc�ordance with the procedure set out in the following sections. Section 6-4-22- The City Manager or his Designatee shall have pub)ished in a newspaper of general circulation a list of all estrays to be sold at least one time prior to the sale date I isti ng name of owner (if known) general description of the estray, date and location of the sale, that the sale will be for the pur- pose of defraying cost or impoundment. If the estray is not sold the City Manager or his Designafee shall dispose of said estray. Section 6-4-23- Impoundment fees. The following shall be the fees charged as poundage fees on all estrays: For (mpounding Per Head $2 .00 For Taking Care of Animal Per Day $2.00 � Section 6-4-24-Redemption. The owner may reu'eem the impounded animal as foliows: A. Before Sale-By payment of accrued Fees. B. After sale within thirty (30) days after sale by paying purchaser the amount paid plus his reasonable expenses incurred in caring for the animal. C. After 30 days the animal becomes the absolute propoerty of the purchaser. Section 6-4-25-Liability arising from sale of estray. The City does not in any way warrant the fiitle or ownership of any estrayed animal sold at the pound and the purchaser at any sale shail indemnify and hold the city harmless for any (aw suit or claims brought by any party relating to said sales. $ection 2. Severability. If any section, paragraph, sentence, clause, phrase, or word in this ordinance, or application hereof to any person or circumstances, is held invalid by any Court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of the Ordinance; and, the City Council hereby declared it would have passed such remaining portions af the Ordinance, despite such invalidity which remaining section or parts shall remain in full force and effect. Section 3. Penal . Any person who shal) violate any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine in any sum not exceeding Two Hundred Dollars ($200.00) and each day any such violation continues shall constitute a separate offense. This penalty shall be in addition to and cumulative of the primary liability for any loss or damage resulting from defective and unsafe conditions of sidewalks imposed by this Ordinance upon the abutting property owner of said such defective and unsafe sidewalks, alleys, driveways and curbs. - Section 4. Emergency. The fact that the present ordinance and regulations of the City are inadequate to properly control the operation and handling and inpounding of estray animals, the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires thafi this Ordinance shall become effective from and after the date of its passage as provided by the Charter, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Grapevine, Texas, �- this the 26th day of;� July ,1977. - J �, ,---- _ .,��- ayor, Town of Grapevi ne, Texas ATTEST: city��y . i:�, - ��� / � - � � � �_�-�� �" � ��_ � � � �� z�; . City Attorney _ [SEAL]