HomeMy WebLinkAboutOrdinance No. 05 19 Dangerous DogsORDINANCE NO. 0 5 / ! 9
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE
AMENDED, BY AMENDING SECTION 2.605 (h) TO REGULATE DANGEROUS DOGS
IN THE CITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Chapter 2, Article 2.600, Section 2.605, of the Code of Ordinances,
City of University Park, Texas, is hereby amended in part by amending subsection (h) to read as
follows:
"Section 2.605
Regulation of Dogs
(h) Attack by dangerous dog.
A person commits an offense if the person is the owner of a dangerous dog and the dog
makes an unprovoked attack on a person or an animal outside the dog's enclosure that
causes bodily injury to the person or animal. Unless the attack causes serious bodily injury
or death, any offense under this section shall be subject to the penalties provided herein. Ifa
person is found guilty of an offense under this section, the court may order the dangerous
dog destroyed by the animal control authority. In addition to criminal prosecution, a person
who commits an offense under this section is liable for a civil penalty not to exceed
$10,000. Upon direction by the city manager or city council, the city attomey may file suit
in a court of competent jurisdiction to collect a penalty. Penalties collected under this
subsection shall be retained by the City of University Park.
SECTION 2. That all provisions of the Code of Ordinances of the City of University Park,
Texas, in conflict with the provisions of this ordinance are hereby repealed.
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SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. That any person maintaining a public nuisance within the City of University
Park in violation of the Code of Ordinances as amended hereby shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas,
shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense,
and each and every day such offense shall continue shall be deemed to constitute a separate offense.
SECTION 5. This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day
of June 2005.
~xROVED AS TO FORM:
CITY ATTORNEY
(RLD/5-17-05)
APPROVED:
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