ORD 2013-42 - REFERRED
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-42
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION 1.20 (A)(1)ENTITLED “LICENSE
REQUIRED”OF SECTION 1.20 ENTITLED “LICENSES AND
TAGS” OF ARTICLE I ENTITLED “ANIMALS” OF CHAPTER II,
ENTITLED “ANIMAL CONTROL”, OF THE CODE OF
ORDINANCES OF THE TOWNAND REPEALING SUBSECTION
“A” ENTITLED “REGISTRATION” OF SECTION 8.06 ENTITLED
“ANIMAL CONTROL” OF ARTICLE VIII ENTITLED “SCHEDULE
OF FEES” OF CHAPTER 1 ENTITLED “ADMINISTRATION”;
PROVIDING FORTHEINCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PENALTY 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 A VIOLATION
OCCURS OR CONTINUES;PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Town Council of the Town of Trophy Club, Texas has the
authority to adopt ordinances for the good government of the Town; and
WHEREAS,
the Town currently has a process under which pet owners are
required to obtain a one-time license from the Town for each pet over the age of
three months; and
WHEREAS,
the Town Council has determined it appropriate and in the
best interest of the public torepeal the requirement that pet owners register their
pets with the Town and to adopt a requirement that pet owners place a collar on
their pet displaying an owner identification tag and a current rabies vaccination
tag,;and
WHEREAS,
the Town Council hereby finds and declares that it is in the
interest of the public health, safety and general welfare to establish the
regulations set forth in this ordinance for the annual licensing of animals within
the limits of the Town of Trophy Club.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correctand are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01
Subsection 1.20(A)(1), entitled “License Required” of Section 1.20 entitled
“Licenses and Tags”, of Article I entitled “Animals” of Chapter II, entitled “Animal
Control”, is hereby amended sothat Section 1.20(A)(1)shall be entitled “Owner
Identification and Rabies Vaccination Tag Required” andshall be and read in its
entirety as follows:
Section 1.20 Licenses and Tags
Owner Identificationand Rabies Vaccination TagRequired.
A.
1.A person within the Town who is the Owner or harborer of a dog or a cat that is
three (3) months of age or oldershallplace and maintain a collar on the animal
whichcollar shall have: (1) a currentidentification tag listing the Owner or
harborer’s name, current address and current telephone number, and (2) a tag
evidencing compliance with the requirements of state law regulating rabies
vaccination under the Rabies Control Act, as amended, and Chapter 2 of the
Code of Ordinances of the Town of Trophy Club.
2.02
Subsection (A) entitled “Registration” of Section 8.06 entitled “Animal
Control” of Article VIII entitled “Schedule of Fees” of Chapter 1 entitled
“Administration” imposing a $5.00 fee forthe registration of animals within the
Town is hereby repealed in its entirety, and the remainder of Section 8.06of
Article VIII of Chapter 1is hereby ratified and affirmed and shall beremain
unaltered.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Animal Control and shall not repeal any of the provisions of such
Ordinances except in those instances where provisions of those Ordinances are
in direct conflict with the provisions of this Ordinance; whether such Ordinances
are codified or uncodified, and all other provisions of the Ordinances of the Town
of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing,
any complaint, action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
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 the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
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 Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or
continues.
SECTION 7
PUBLICATION
The Town Secretary of the Town of Trophy Clubis hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required
by Section 52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on January 1, 2014 after its passage and
proper publication in accordance with law, and it is so ordained.
PASSED AND APPROVED
by the Town Council of the Town of Trophy
th
Club, Texas, this the18day of November, 2013.
_______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Tammy Ard,Town Secretary
Town of Trophy Club, Texas
________________________________________
Patricia A. Adams,Town Attorney
Town ofTrophy Club, Texas