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16 - AMENDMENT TO ORDINANCE CHAPTER 5 - ANIMALS AND FOWLItem No. 16 memorandum TO: City Council John Godwin, City Manager FROM: Bob Hundley, Chief of Police SUBJECT: AMENDMENT TO ORDINANCE CHAPTER 5- ANIMALS AND FOWL DATE: January 10, 2017 BACKGROUND: The city of Paris animal shelter receives many animals who are sick or have never been vaccinated. This negatively effects the health environment of the shelter along with the health of animals which are adopted or rescued. Current ordinance does not allow the city to establish ownership of the animal until the animal has been in the shelter for a minimum of 72 hours. Current state law does not allow for the shelter to vaccinate animals that do not belong to the city. STATUS OF ISSUE: The Lamar County Humane Association has secured funding to administer vaccinations to all animals entering the shelter, specifically `kennel cough'. This amendment to our animal ordinance is to establish `temporary' ownership so as to allow LCHA members to vaccinate shelter animals. BUDGET: There is no impact to the budget. RECOMMENDATION: Amend Chapter 5, Section 5 -1 Definitions, and Section 5 -3 Animal Control 5 -3(a)7 as presented. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 5, "ANIMALS AND FOWL" SECTION 5 -1 "DEFINITIONS," AND SECTION 5 -3 "ANIMAL CONTROL" OF THE CITY OF PARIS, TEXAS TO ESTABLISH `TEMPORARY' OWNERSHIP ALLOWING VACCINATION OF SHELTER ANIMALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris animal shelter receives many animals who are sick or have never been vaccinated, negatively effecting the health environment of the shelter along with the health of animals rescued and adopted; and WHEREAS, the City's current ordinance does not allow the city to establish ownership of the animal until the animal has been in the shelter for a minimum of 72 hours, and state law does not allow the shelter to vaccinate animals that do not belong to the City; and WHEREAS, the City Council wishes to amend Chapter 5 of the Code of Ordinances ( "Animals and Fowl ") to grant temporary ownership of animals brought to the City's animal shelter to the City of Paris to allow administration of vaccinations to all animals entering the shelter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 5, Section 5 -1 "Definitions," of the Code of Ordinances of the City of Paris, Texas, is hereby amended to add the definition of "Temporary Ownership," to read in full as follows: "5 -1 DEFINITIONS "Temporary Ownership shall mean the provisional assumption of ownership by the city of Paris for the purpose of preventative immunizations, emergent treatment or euthanasia." Section 3. That Chapter 5, Section 5 -3 (a) of the Code of Ordinances of the City of Paris is hereby amended to add subsection (a) 7, to read in full as follows: "5 -3 ANIMAL CONTROL "a. Authority. • . "7. Every stray animal impounded shall become the property of the city of Paris or its designee, pending the expiration of the stray hold period, during which at any time an `Owner' may reclaim ownership. Each healthy, appropriately aged impounded animal may receive core vaccinations and internal parasite treatment upon intake from the Lamar County Humane Association, or any other rescue or animal welfare organization at their discretion and cost." Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. This ordinance shall become effective from and after its passage. PASSED AND ADOPTED this 23rd day of January, 2017. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney