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ORD 1991-08ORDINANCE 0 91-08 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 91-08 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 85--16 RELATING TO ANIMAL CONTROL BY ADDING A PROVISION REQUIRING THE OWNER OR HARBORER OF EACH DOG OR CAT WITHIN THE TOWN MORE THAN FOUR (4) MONTHS OLD TO ANNUALLY REGISTER THE ANIMAL WITH THE TOWN; PROVIDING FOR THE ISSUANCE OF A LICENSE AND TAG FOR EACH DOG AND CAT; PROHIBITING THE POSSESSION OF AN UNLICENSED DOG OR CAT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to ensure that dogs and cats within the Town have been properly vaccinated by requiring that the owner or harborer of a dog or cat within the Town be required annually to secure a license for the said dog or cat from the Town; and WHEREAS, the Town Council hereby finds and determines that the establishment of the dog and cat registration program set forth in this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Ordinance No. 85-16 of the Town of Trophy Club relating to animal control shall be amended in the following particulars, and that all other paragraphs, sentences, phrases and words of the said Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That a new Section 5A be added to Ordinance No. 85-16 to read as follows: "Section 5A. Licenses and Tags. 11(1) License Required. The owner or harborer of each dog or cat more than four (4) months old in the Town shall obtain an annual license for such dog or cat from the City Administrator. At the time of application for such license, the owner shall present the certificate of vaccination for the said animal and pay a licensing fee for each dog or cat as set forth in the Schedule of Fees of the Town. "(2) Possession of Unlicensed ,Dog or Cat Prohibited. A person commits an offense if he possesses with the Town a dog or cat which has not been licensed according to Section 5A(1), above. The owner or harborer of a dog or cat shall, upon request, show to the animal control officer or other officer of the Town enforcing this Ordinance the receipt for the animal's Town registration. The failure or refusal of an owner or harborer to produce to the animal control officer or other Town official charged with enforcement of this Ordinance , upon request, a current license tag shall constitute prima facie proof that such dog or cat has not been licensed according to the requirements contained in Section 5A(1), above. 11(3) Issuance of Tags. Upon the presentation of the vaccination certificate and payment of the licensing fee, the Town Administrator or her duly authorized representative shall issue to the owner or harborer a license tag. The tag shall be so marked as to indicate the period of time such license is valid. The license tag shall be valid for a period of one (1) year or until the anniversary date of the vaccination of the dog or cat, whichever comes first. The license tag and vaccination tag shall be affixed to a collar which shall be attached to the animal's neck and worn by such animal at all times. I'M Lost or Destroyed Tags. In the event a license tag is lost or destroyed, a duplicate shall be issued by the Town Administrator upon presentation of a receipt showing the payment of the license fee. The duplicate license tag shall be valid only for the period of time that remains on the original license receipt. 11(5) Failure to Obtain Registration Tag. A person commits an offense, without regard to his mental state, if he harbors a dog or cat without a current registration tag for the dog or cat. "(6) Defenses. It is a defense to prosecution that: (a) the dog or cat was months; or -2- younger than four (b) the owner or harborer of the dog or cat has resided in the Town less than 30 days. "(6) Transferability of Registration. Town registration of a dog or cat is not transferable to another dog or cat. Section 2. That 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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. That 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 this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 5. That this Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21st day of Ma 1991. 4Maor, Town o Trophy Club, Texas T ATTEST: a Town Secret ary, Town of Tr phy, Club, Texas APPROVED AS TO FORM: 'fiawn(, Attorney, Town of Trophy Club, Texas -3-