Ord. 0528-04 03-14-94ORDINANCE NO. 528-4
AN ORDINANCE AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF
THE CODE OF ORDINANCES, BY AMENDING SECTION 6-10,
RESTRICTIONS ON KEEPING ANIMALS WITHIN THE CITY LIMITS --
HORSES; PROVIDING A PENALTY FOR VIOLATION; A SAVINGS
CLAUSE; A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1. That Section 6-10 of the Code of Ordinances of the
City of Pearland, Texas, is hereby and the same is amended to read
as follows:
"Sec. 6-10. Restrictions on keeping animals within the city
limits --Horses.
It shall be unlawful for any person to keep, possess or
maintain any horse, mule, donkey or other animal of the equine
family on any parcel of land less than one-half (1/2) acre in
size. Further, no more than one additional such animal may be
kept per each additional one-half (1/2) acre of land, unless
otherwise approved in a specific use permit as provided for in
the Land Use and Urban Development Ordinance, Section 23. It
shall further be unlawful for any person to keep, possess or
maintain any horse, mule, donkey or other animal of the equine
family within one hundred fifty (150) feet of any actual
residence or building used for human habitation not that of
the owner or keeper of such animal."
SECTION 2. All rights and remedies which have accrued in the
favor of the City under this Chapter and amendments thereto shall
be and are preserved for the benefit of the City.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by a Court of competent
jurisdiction, such part shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portions thereof.
SECTION 4. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper
of the City at least once within ten (10) days after its passage on
second and final reading. This Ordinance shall thereafter become
effective ten (10) days from and after its publication, or the
publication of its caption and penalty, in the official City
newspaper.
SECTION 5. Any person, firm or corporation who shall violate
or fail to comply with the requirement or provisions of this
Ordinance herein adopted shall be deemed guilty of a misdemeanor,
J
and shall, upon conviction by a Court of competent jurisdiction, be
punished as provided in Section 1-11 of the Code of Ordinances of
the City or such specific penalty clause as may be provided.
SECTION 6. All Ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 7. It is the intent of the City Council of the City
of Pearland, Texas, that the provisions of this Ordinance shall be
codified as herein provided.
SECTION 8. This Ordinance shall take effect and be in force
on the tenth day after its publication in the official City
newspaper of the City of Pearland, Texas.
PASSED and APPROVED on First Reading this O day of
, A. D., 1994.
C. V. C PPINGER
MAYOR / / e ,-
ATTEST:
JONES
CITY SECIETARY
PASSED and APPROVED on Second and Final Reading this /y day
, A. D., 1994.
ATTEST:
PA JONES
CITY SECRE
APPR ED AS TO FORM:
D CK GREGG, JR.
CITY ATTORNEY
MAYOR
VOTING RECORD (FIRST READING) FEB 28, 1994
Voting "Aye" - Councilmembers Miller, Frank,
Colson, Weber, and Smith.
Voting "No" - None.
Motion passed 5 to 0.
VOTING RECORD (SECOND READING) MARCH 14,1994
Voting "Aye" - Councilmembers Miller, Frank,
Weber, Smith, and Colson.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: MARCH 23, 1994
EFFECTIVE DATE: APRIL 2, 1994
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS.
SECOND PUBLICATION DATE: MARCH 30, 1994
NEW EFFECTIVE DATE: APRIL 9, 1994
(REPUBLISHED DUE TO ERROR)