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ORD 2008-43TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-43 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SECTION 1.10 ENTITLED "IMPOUNDING OF ANIMALS" OF ARTICLE i ENTITLED"ANIMALS" OF CHAPTER II, ENTITLED "ANIMAL CONTROL", OF THE CODE OF ORDINANCES OF THE TOWN BY ADOPTING A NEW SUB- SECTION F, ENTITLED "SURRENDER OF ANIMALS'; PROVIDING FOR THE INCORPORATION 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 maintains an animal shelter and provides animal control services in the Town in order to protect the public health, safety and welfare; and WHEREAS, the Town Council has determined it appropriate and in the best interest of the public to allow the owner of a domestic animal the opportunity to surrender that animal to the Town under certain circumstances; 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 surrender of domestic 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 correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. Ordinance 2008-43 AMENDMENT 2.01 Section 1.10, entitled "Impounding of Animals", of Article I entitled "Animals" of Chapter ll, entitled "Animal Control", is hereby amended to add Sub - Section F, entitled "Surrender of Animals" so that Section 1.10(F) shall be and read as follows: Section 1.10 Impounding of Animals F. Surrender of Animals 1. The Owner of a Domestic Animal may seek permission from the Local Rabies Control Authority to surrender the Domestic Animal to the Animal Shelter. The Local Rabies Control Authority shall have the discretion to accept or reject the surrender of the Domestic Animal based upon available space and resources at the Animal Shelter and based upon compliance with all requirements of this Section. 2. An Owner requesting to surrender a Domestic Animal to the Local Rabies Control Authority shall complete a Surrender Form and submit a Surrender Fee as required by the Schedule of Fees of the Town, as amended from time to time, and when applicable, shall also pay all costs of transportation, shelter and impoundment for that Domestic Animal. 3. If the Owner surrendering the Domestic Animal can provide documentation that the surrendered animal has a current rabies vaccination and has been spayed or neutered, the Surrender Fee shall be one-half (112) of the Surrender Fee found in the Schedule of Fees of the Town. 4. Upon completion of all required forms, payment of all applicable fees, including all fees resulting from the impoundment, transportation, and shelter of a Domestic Animal, when applicable, and acceptance of the Domestic Animal by the Local Rabies Control Authority, the animal shall be impounded and shall immediately become the sole property of the Town. The impounded animal may be placed up for adoption or euthanized as determined by the Local Rabies Control Authority. 5. The Local Rabies Control Authority is under no obligation to notify the former Owner of a surrendered Domestic Animal if it is determined that the animal must be euthanized. 6. As used in this section, the term Domestic Animal shall mean any of the various animals that have been tamed and made fit for a human environment and that are permitted to be maintained within the Town Ordinance 2008-43 2 by ordinance, regulation or policy, such as dogs, cats and ferrets. 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 Ordinance 2008-43 3 The Town Secretary of the Town of Trophy Club is 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 B. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 15`h day of December 2008. ATTEST: Town Secretary, Lisa Hennek Town of Trophy Club, Texas [SEAL] - Town Attorney, Patricia Adams Town of Trophy Club, Texas Mayor, Nick tanders Town of Trophy Club, Texas Ordinance 2008-43 4