Ord. 0528-07 2007-09-10ORDINANCE NO. 528 - 7
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING
CHAPTER 6, ANIMALS AND FOWL, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN AMENDED FROM
TIME TO TIME, BY ADDING ARTICLE VII, ANIMAL SHELTER
ADVISORY COMMITTEE; CREATING AN ANIMAL SHELTER
ADVISORY COMMITTEE; DEFINING THE COMMITTEE'S PURPOSE;
ESTABLISHING THE COMPOSITON OF THE COMMITTEE;
AMENDING SELECTED PROVISONS OF ARTICLE IV AND ARTICLE
V OF CHAPTER 6 OF THE PEARLAND CODE OF ORDINANCES;
HAVING A SAVINGS CLAUSE; SEVERABILITY CLAUSE; HAVING A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION.
WHEREAS, the City of Pearland, Texas, (herein the "City"), being a home -rule city having
authority to utilize police power regulation for the health, safety and general welfare of the
citizens of the City; and
WHEREAS, the City Council has previously established an animal shelter that keeps or legally
impounds stray, homeless, abandoned, or unwanted animals;
WHEREAS, Chapter 823 of the Health and Safety Code requires that the governing body of a
county or municipality in which an animal shelter is located to appoint an advisory committee to
assist in complying with the requirements of said chapter; and
WHEREAS, the county wherein the animal shelter is currently located has not created such a
committee;
WHEREAS, the current ordinances regarding Animal Control need to be changed in light of
internal policies or procedures adopted within the City, and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas
Local Government Code, and the City Charter provide the City authority to adopt ordinances for
the good government, peace, order, and welfare of the municipality;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That Chapter 6, ANIMALS AND FOWL, of the Code of Ordinances, City of
Pearland, Texas is hereby amended by adding Article VII, ANIMAL SHELTER ADVISORY
COMMITTEE, which said article reads as follows:
"Article VII. ANIMAL SHELTER ADVISORY COMMITTEE
Sec. 6--90. Creation of Committee and Purpose
ORDINANCE NO. 1267
There is hereby created an Animal Shelter Advisory Committee to assist the City of
Pearland Animal Control Center in complying with Chapter 823 of the Health and Safety
Code, as such may be amended hereafter.
Sec. 20-91. Composition of Committee
The Animal Shelter Advisory Committee shall be composed of at least one licensed
veterinarian, one municipal official, one person whose duties include the daily operation
of an animal shelter, and one representative from an animal welfare organization.
Members of the committee shall be appointed by and serve at the pleasure of the City
Council.
Sec. 20-92. Rule of Procedure
The Animal Shelter Advisory Committee shall adopt its own rules of procedure.
Sec. 6-93 thru 6-100. Reserved."
Section 2. That Section 6-57. Licensing Authority, of Article IV, Dogs and Cats, of Chapter
6, Animals and Fowl, of the City of Pearland Code of Ordinances, is hereby amended to read as
follows:
"Sec. 6-57. Licensing Authority
Licenses required herein shall be issued by the department or its designees."
Section 3. That Section 6-61. Same Replacement tags, of Article IV, Dogs and Cats, of
Chapter 6, Animals and Fowl, of the City of Pearland Code of Ordinances, is hereby amended to
read as follows:
"Sec. 6-61. Same —Replacement Tags
In the event of loss or destruction of a license tag, replacement tags shall be available from
the department for the payment of a fee, from time to time established by the city council
and reflected on the fee schedule maintained in the office of the city secretary, upon
satisfactory proof that the dog or cat in question was properly licensed."
Section 4. That Section 6-71. Kennel license required, of Article V, Kennels, of Chapter 6,
Animals and Fowl, of the City of Pearland Code of Ordinances, is hereby amended to as follows:
"Sec. 6-71. Kennel license required.
Any person, firm or corporation in the city conducting, managing or maintaining a kennel
shall obtain a license to do so from the department and pay a yearly licensing fee to cover
the costs of inspection of same by the department which fee shall be as may be set by city
2
ORDINANCE NO. 1267
council, as reflected by the fee schedule maintained in the office of the city secretary.
However, no such kennel license shall be issued where the person, firm or corporation
applying therefore is in violation of any law of the State of Texas or ordinance adopted by
the City of Pearland."
Section 5. Savings. All rights and remedies which have accrued in favor of the City under this
Ordinance and amendments thereto shall be and are preserved for the benefit of the City.
Section 6. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 7. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
Section 8. Codification. It is the intent of the City Council of the City of Pearland, Texas, that
the provisions of this ordinance shall be codified in the City's official Code of Ordinances as
provided hereinabove.
Section 9. Publication and Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and
after its publication, or the publication of its caption and penalty, in the official City newspaper.
PASSED and APPROVED on First Reading this the 23rd day of July, A. D., 2007.
ATTEST:
G
TY SECRETARY
TOM REID
MAYOR
3
ORDINANCE NO. 1267
PASSED and APPROVED on Second and Final Reading this the 10th day of September,
A. D., 2007.
ATTEST:
APPROVED AS TO FORM:
/ t
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
SEPTEMBER 10, 2007
Voting "Aye" - Councilmembers Owens, Beckman, Kyle
and Cole.
Voting "No" — None.
Motion passed 4 to 0, with Councilmember Saboe absent.
PUBLICATION DATE: September 12, 2007
EFFECTIVE DATE: September 21, 2007
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
4
• AFFIDAVIT OF. PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas •
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was. published
in THE. REPORTER NEWS, a newspaper of general Circulation in Brazoria; Harris
and Galveston Counties, for issues, as follows:
N� Date /)
No. Date
No. Date
No. Date
No. Date
20
20
20
20
. CFO
. Subscribe and sworn'to before me this day of
LAURA ANII.EMMON('
Notary Pub[ic, State of Texa
My COMMISSI0f1 Expires O9-
I
j
nn mmons, Publisher
Notary Public, State of Texas
Ord 9K-7
Published_ Sept_12 _ and i
Sept.19, 2007
ORDINANCE NO. 528 - 7
I
I AN ORDINANCE OF THE !
CITY OF PEARLAND,
TEXAS AMENDING
CHAPTER 6, ANIMALS
AND FOWL, OF THE CITY
OF PEARLAND CODE OF
ORDINANCES, AS IT
MAY HAVE BEEN
' AMENDED FROM TIME
TO TIME, BY ADDING
ARTICLE _VII,,,QNIMAL :
' SHELTER ADVISORY
I COMMITTEE; CREATING
AN ANIMAL SHELTER
ADVISORY COMMITTEE; ,
DEFINING THE COMMIT-
TEE'S . PURPOSE;
' ESTABLISHING THE
COMPOSITON OF THE
COMMITTEE; AMENDING '
SELECTED. PROVISONS
OF ARTICLE IV AND_'
I ARTICLE VOF CHAPTER ,
6 OF THE PEATLAND
CODE OF ORDINANCES;
HAVING A SAVINGS
CLAUSE; SEVERABILITY
I CLAUSE; HAVING A
REPEALER CLAUSE;
PROVIDING FOR CODIFI-
CATION; AND PROVID-
ING AN EFFECTIVE
DATE AND FOR PUBLI-
CATION.
PASSED and APPROVED
on First Reading this the
23rd day of July, A. D.,
2 0 0 7 .
PASSED and APPROVED
on ' Second and Final
Reading this the 10th day
of September, A. D., 2007.
/S TOM REID
MAYOR
ATTEST:
VOTING RECORD SEC-
; OND AND FINAL READ-
, ING
i_/Sl SEPTEMBER 10, 2007
YOUNG LORFING, TRMC
CITY SECRETARY
Voting "Aye" -
Councilmembers Owens,
Beckman, , Kyle.
.' APPROVED AS TO
FORM: and Cole.
•
Voting "No" —
N o n e
ISI
Motion passed 4 to 0, with
Counci Imembers Saboe.
DARRIN M. COKER
PUBLICATION DATE:
September 12, 2007
CITY ATTORNEY
EFFECTIVE DATE:
September 21, 2007
PUBLISHED AS
REQUIRED BY SECTION
+ 3.10 OF
THE CHARTER OF THE
CITY OF PEARLAND,
TEXAS
AFFIDAVIT OF PUBLICATION .
The Pearland Reporter News
2404 South' Park
Pearland, Texas 775.81
State of Texas
Brazoria and Harris Counties
:I; Uoyd Morrow, hereby certify that the notice hereby appended was.publi
in THE. REPORTER NEWS, a newspaper of general circulation in Brazoria; Harris
shed
and Galveston Counties, for ./
.issues, as follows:
No.
No.
No.
No.
No.
Date
Date ._
Date
Date
Date
Subscribe and sworn to before me this
20 4'
ou•
LAURA ANN EMMONS
Notary Public, State of Texas
My Commission Expires 0949-2010
day of
20.e7.
20
20
20
20
Laura Ann .Emmons; Publisher
Notary Public, State of. Texas
Published Sept. 12 and 1 . CATION.
Sept.19, 2007 PASSED and APPROVED
' 1 on First -Reading this the
ORDINANCE NO. _528.7 j 23rd day of July, A. D.,
2007.
AN ORDINANCE OF THE . PASSED and APPROVED
(CITY OF PEARLAND, , on Second and Final
TEXAS AMENDING ; Reading. this the 10th day
'CHAPTER 6, ANIMALS of September, A. D., 2007.
AND FOWL, OF THE CITY
AF PEARLAND CODE OF /S TOM REID
;ORDINANCES, AS IT MAYOR
MAY HAVE BEEN
!AMENDED FROM TIME
TO TIME, BY ADDING • I Y
;ARTICLE VII, ANIMAL ATTEST:
! VOTING RECORD SEC -
SHELTER . ADVISORY OND AND FINAL READ- '
'COMMITTEE; CREATING ING
:AN ANIMAL SHELTER
'ADVISORY COMMITTEE; ! /S/ SEPTEMBER 10, 2007
DEFINING THE COMMIT- YOUNG LORFING, TRMC
,TEE'S • PURPOSE; ' CITY SECRETARY
ESTABLISHING • _ THE
COMPOSITON OF THE Voting "Aye" -
!COMMITTEE; AMENDING ! Councilmembers .Owens,
SELECTED PROVISONS Beckman, Kyle.
;OF 'ARTICLE IV AND ' r APPROVED AS TO i
IARTICLE'V OF CHAPTER I FORM: and Cole.
;6 OF THE PEATLAND
' CODE OF ORDINANCES; ' Voting "No" - — None. '•
HAVING A SAVINGS . /S/
CLAUSE; SEVERABILITY ; Motion passed 4 to 0, with ;
CLAUSE; HAVING A i ' Counci !members Saboe. I
REPEALER CLAUSE; 1 DARRIN M. COKER
' PROVIDING FOR CODIFI-
CATION; AND PROVID- . PUBLICATION DATE:'
ING AN EFFECTIVE ' September 12, 20071
DATE AND FOR PUBLI- CITY ATTORNEY
EFFECTIVE ; DATE:;
September 21, 2007;
PUBLISHED AS,
REQUIRED BY SECTION'
1 3.10 OF;
i
1 THE CHARTER OF THE,
CITY OF PEARLAND,,
TEXAS