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Home My WebLink AboutORD 2001-035 ORDINANCE NO. 2001-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 6 ANIMALS AND FOWL, RELATIVE TO ARTICLE I IN GENERAL AND ARTICLE II DOGS AND CATS, DIVISION 2 RABIES CONTROL AND DIVISION 3 DANGEROUS ANIMALS; PROVIDING A PENALTY OF FINE 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 AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: �.� Section 1. That Chapter 6 Animals and Fowl, is hereby amended by the following changes: A. That Article I In General, Section 6-1 Definitions, Dangerous Animal Subsection (2) is hereby amended in its entirety to read as follows: "(2) Any animal who attacks unprovoked and causes injury or to otherwise endanger the safety of human beings or animals; or" B. That Article I In General, Section 6-1 Definitions is hereby amended by the addition of the following definition: "Microchip: A passive electronic device that is injected into an animal, subcutaneously, by means of a hypodermic type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of identification and recovery by the animal's owner." C. That Article II Dogs and Cats, Division 2 Rabies Control, Section 6-31 Quarantine; reporting bites or suspected rabies, is hereby amended by amending the heading to read as follows; �� "Section 6-31 Quarantine; reporting bites and scratches or suspected rabies." ,�� D. That Article II Dogs and Cats, Division 2 Rabies Control, Section 6-31 Quarantine, reporting bites or suspected rabies, Subsection (b) is hereby amended in its entirety to read as follows: "(b) It is the duty of any person who has knowledge that an animal bite or scratch has occurred to report such fact as soon as possible, but not later than 24 hours from the time of the incident to the Grapevine Police Department or the animal control department. The person reporting the bite or scratch shall give the following information, if known: The name, age, sex and precise location of the bitten or scratched person or persons and such other information as the officer may require." E. That Article II Dogs and Cats, Division 3 Dangerous Animals, Section 6-33 Identification by animal control officer, Subsection (a) is hereby amended in its entirety to read as follows: "(a) An animal control officer shall inspect all animals suspected of being dangerous animals. Upon determination by such officer that, in his or her judgement, an animal is a dangerous animal, the officer shall provide written notice of such determination to the owner or harborer - of such animal by registered mail, return receipt requested or hand delivered. The owner shall have ten calendar days from the receipt of the letter to request a hearing pursuant to section 6-34." F. That Article II Dogs and Cats, Division 3 Dangerous Animals, Section 6-34 Hearing, Subsections (a) and (b) are hereby amended in their entirety to read as follows: "(a) The owner or harborer of an animal declared to be a dangerous animal by the animal control officer may request a hearing before the municipal court of the city to challenge such declaration. The request for such hearing must be in writing and filed with the municipal court clerk within ten calendar days after notice of such declaration was mailed, or hand delivered to the owner or harborer of the animal." "(b) A hearing before the municipal court of the city challenging the declaration that an animal is a dangerous animal shall be held within 30 calendar days of receipt by the municipal court clerk of a timely filed written request for such hearing." G. That Article II Dogs and Cats, Division 3 Dangerous Animals, Section 6-35 Special requirements for dangerous animals is hereby amended by the addition of a new ` Subsection (a)(7) to read as follows: ORD. NO. 2001-35 2 "(7) The owner or harborer shall authorize the animal control officer or veterinarian to implant a microchip beneath the skin of the dangerous animal for positive identification of the animal. The animal control division is authorized to charge the animal owner or harborer a reasonable fee for this service." H. That Article II Dogs and Cats, Division 3 Dangerous Animals, Section 6-36 Control and confinement, Subsection (h) is hereby amended in its entirety to read as follows: "(h) An enclosure used to confine a dangerous animal shall comply with this section, no later than 10 calendar days after a final determination that the animal is a dangerous animal." Section 2. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of May, 2001. APPROVED: �� William D. Tate Mayor ;,,,., ORD. NO. 200�-35 3 ATTEST: � Lin Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. ' City Httorney {�.,:.� ORD. NO. 200�-35 4