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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Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. 74361 SECTION 3.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: 74361