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HomeMy WebLinkAbout18-3675 ord390 ORDINANCE NO. 18-3675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: AMENDING THE PLAINVIEW MUNICIPAL CODE OF ORDINANCES, CHAPTER 2, ARTICLE 2.03 AND ARTICLE 2.04, SECTION 2.04.096, TO CLARIFY THE PROCESS FOR SALE OF IMPOUNDED LIVESTOCK AND OTHER NON -DOMESTICATED ANIMALS AND, THE DISPOSITION OF PETS AND OTHER DOMESTIC ANIMALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CONTINUATION OF PRIOR LAW; PROVIDING PENALTY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, the City Council desires to now clarify the disposition process for impounded estray livestock and other non -domesticated animals and fowl, as distinguished from the process for common pets and domestic animals that come into the custody and care of the City's Animal Control Department; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1. The Plainview Municipal Code, Chapter 2, Article 2.03, be and hereby is amended to read as follows: ARTICLE 2.03 IMPOUNDMENT OF ANIMALS LIVESTOCK AND- TRE -RT NON - DOMESTICATED ANIMALS Sec. 2.03.002 Applicability The provisions of this article shall e -applicable apply to the impoundment of livestock and non -domesticated animals (hereafter in this article, "animals and fowl"). kept as pets undcr the provisions of this chapter. Domesticated animals and pets Pets shall be subject to impoundment and disposition under the provisions of Article 2.04 of this chapter. Ordinance No. 18-3675 Page 1 of 6 391 Sec. 2.03.003 Sale of impounded animals authorized; holding period Except where otherwise provided in this article, a Animals or fowl not redeemed within seventy-two (72) hours seven (7) business days from the impoundment or release from quarantine shall become property of the city, and shall a At the direction of the senior animal control officer or his/her designee the animal or fowl shall either be j fo-r adoption with a bona fide humane society to find a suitable home, kept for city purposes, be humanely disposed of or destroyed, be disposed of for medical purposes, or sell such animal or fowl to the highest bidder. Sec. 2.03.004 Notice of sale of animal Notice of the sale of any impounded animal or fowl under the provisions of this article shall be given for at least forty-eight (48) hours prior to the date of such sale by posting three (3) public notices thereof, one of which shall be posted at the city hall and publishing a notice of sale in a newspaper of general circulation in the city or Hale county. Sec. 2.03.005 Fees The fees and charges which shall be imposed for the impoundment of animals or fowl under the provisions of this article shall be as determined by the city council. Sec. 2.03.006 Sale and Disposition of receipts from sale of animal (a) All animals or fowl sold under the provisions of this article shall be sold separately for cash to the highest bidder. The sale may be by either sealed bid or outcry auction conducted by a certified livestock auctioneer. If a sealed bid is to be used then: (1) Bidders shall be provided an opportunity to view the animal on the advertised day of sale, prior to the deadline for submitting a bid. (2) Bids shall be opened not later than one hour Ordinance No. 18-3675 Page 2 of 6 392 after the deadline for submitting bids. The maker of the high bid (by sealed bid or auction) or designated agent, must remove the animal from city custody by 5pm on the day of sale or be subject to a premium of $50 for each day or part of a day that the animal remains in City custody thereafter plus cost of care. WI and a A strict account of the proceeds thereof shall be kept. Any surplus not necessary to pay the fees and expenses incurred by the impoundment and disposition of such animals or fowl shall be paid to the city treasurer and by him held and paid to the and deposited in the general fund of the City. Sec. 2.03.007 Redemption rights of owner (a) The owner of any animal or fowl sold under the provisions of this article shall have the right for thirty (30) days from and after the date of such sale to file a claim with the city treasurer to recover proceeds amount paid for such animal, the net sale if the owner provides an affidavit of ownership containinq: (1) the name and address of the owner; (2) the date the owner discovered that the animal was an estray; (3) the property from which the animal strayed; (4) a description of the animal, including its breed, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics; and Ordinance No. 18-3675 Page 3 of 6 393 (5) a sworn statement that the affiant is the owner or caretaker of the animal. (b) In determining the net proceeds available, if any, for distribution, the owner shall not receive the deducted expenses incurred by the City in impounding, handling, seeking the owner of, or selling the estray. SECTION 2. The Plainview Municipal Code, Chapter 2, Article 2.04, ("DOMESTICATED ANIMALS") Section 2.04.096 be and hereby is amended to read as follows: Sec. 2.04.096 Holding period; disposition of unredeemed animals All impounded animals shall be redeemed within seventy-two (72) hours after the same was impounded. - - . - - - - - • - - - •• - - - _ destroyed or donated to the local humane society. When calculating the seventy -two-hour period for redemption, hours occurring on days when the animal shelter is not open for business will not be accrued to counted as part of the redemption period, as long as space is available to hold the impounded animals. If all animal shelter cages become full, the humane society office manager and the supervisor of animal control will agree on which untagged animals will be euthanized, so that space can be made for additional animals. (b) At the direction of the senior animal control officer or designee, an animal or fowl not timely redeemed by the owner shall either be placed for adoption with a bona fide humane society to find a suitable home, kept for city purposes, or be humanely destroyed, or be disposed of for medical purposes. SECTION 3. Severability. If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be Ordinance No. 18-3675 Page 4 of 6 394 unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Plainview, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 4. Repealer. All ordinances, parts of ordinances resolutions and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 5. Effective Date. This Ordinance shall be in full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 10th day of April, 2018. PASSED AND APPROVED on second reading this 24th day of April, 2018. ATTEST: 71/- 04— /43(Belinda Hinojosa, City Se ary APPROVED AS TO CONTENT: Jeffrey». n d- City Manager Ordinance No. 18-3675 Wendell Dunlap, Mayor Page 5 of 6 395 APPROVED AS TO FORM: eert,///g4 Marcus Norris, City Attorney Ordinance No. 18-3675 Page 6 of 6