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ANIMAL CONTROL - CHAPTER FIVE
ORDINANCE NO 01-3309
AN ORDINANCE AMENDING CITY OF PLAINVIEW CODE OF
ORDINANCES CHAPTER FIVE, "ANIMALS AND FOWL", RELATING
TO LEAVING ANIMALS UNATTENDED IN VEHICLE; PROVIDING FOR
SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, the Community Relations Committee of the City of Plainview has
recommended that it is in the best interest of the public to amend Chapter Five of the
City of Plainview Code of Ordinances; and
WHEREAS, the City Council of the City of Plainview has determined that it is in the best
interest of the public to protect animals from abuse, neglect or inhumane treatment; and
WHEREAS, the City Council of the City of Plainview has determined that it is in' the best
interest of the public to amend Chapter Five of the City of Plainview Code of Ordinances
relating to animal control;
NOW, THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS THAT:
SECTION I
Chapter 5, City of Plainview Code of Ordinances,
Animals be amended to add as follows:
Article IV,
Domesticated
Section 5-46. LEAVING ANIMALS UNATTENDED IN VEHICLE
A person having charge or custody of an animal shall not place or confine such animal
or allow such animal to be placed or confined in a motor vehicle or trailer under such
conditions or for such a period of time as may endanger the health of the animal due to
heat, lack of food or water, or such other circumstances as may cause injury or death of
the animal. City enforcement agents finding an animal being held in violation of this
provision may obtain a search warrant from a justice of the peace pursuant to Section
821.022 of the Health and Safety Code and may impound such animal pending a
hearing.
Sections. 5.47 to 5.50. Reserved
SECTION II
Provisions of this ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein.
Ordinance No, 01-3309
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SECTION III
All ordinances or portion of any ordinance of the City of Plainview, Texas, in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION IV
Should any section, subsection, or portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, sub.section,
sentence, provision, clause, phrase, or word severable there from and the same shall
be deemed severable for this purpose.
SECTION V
This ordinance shall be of full force upon its passage and publication as required
by law.
PASSED AND APPROVED on first reading this 23rd day of October, 2001.
PASSED AND APPROVED on second reading this November 13, 2001.
Belinda Hinojosa, City SecreJ. a'ry
AP P ~E~D~'~ ~O~CON_I~ENT:
John/Castro, Dir.~Community
Development
APPROVED AS TO FORM:
Wally Hatch, City Attorney
Ordinance No. 01-3309
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