AN ORDINANCE REGULATING ANIMALS, LIVESTOCK AND FOWLS;

DEFINING CERTAIN TERMS; PROVIDING FOR AN ENFORCEMENT

OFFICER, ANIMAL CONTROL WARDEN, CITY ANIMAL SHELTER;

REQUIRING KENNELS TO BE LICENSED AND REGULATED;

PROHIBITING SALE OF DYED FOWLS; PROVIDING FOR CARE AND

CONTROL OF ANIMALS; IMPOUNDMENT OF ANIMALS; PROVIDING

FOR RABIES CONTROL, INCLUDING LICENSING AND

REGISTRATION OF DOGS AND CATS; PROVIDING FOR

QUARANTINE OF ANIMALS AND DISPOSITION OF QUARANTINED

ANIMALS; PRESCRIBING FEES; PROVIDING FOR

UNCONSTITUTIONALITY AND SEVERANCE; PROVIDING A

REPEALING CLAUSE; PRESCRIBING A PENALTY; AND PROVIDING

AN EFFECTIVE DATE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT

LAVACA, TEXAS:

ARTICLE I - GENERAL

SECTION 1. DEFINITIONS:

As used herein, the following terms shall have the respective meanings ascribed thereto.

a. ALTERED - Shall mean spayed or neutered dog or cat.

b. ANIMAL OR ANIMALS - Shall mean all dogs, cats, birds, fowl, fish, lizards, snakes, serpents, reptiles and/or livestock whether kept for use or pleasure.

c. ANIMAL SHELTER - Shall mean any facility operated by a humane society duly incorporated as a non-profit corporation or by the City of Port Lavaca for the purpose of impounding or caring for animals that are strays, homeless, abandoned or unwanted, held under the authority of this Ordinance or State Law.

d. DIRECTOR - Shall mean the Chief of Police or his duly authorized representative.

e. FOWL - Shall mean chickens, turkeys, pheasants, ducks, geese, pigeons, Psittacine birds, Passerine birds, Piciform birds and, without limitation by enumeration, all similar domestic birds and poultry, whether kept for use or pleasure.

f. GROOMING SHOP - Shall mean any facility where animals are bathed, clipped, plucked or otherwise groomed.

g. HUMANE SOCIETY - Shall mean any organization for the prevention of cruelty to animals incorporated under the laws of the State.

h. KENNEL - Shall mean any place where more than three (3) animals of one general classification, i.e., dogs, or more than five (5) animals of a mixed classification, i.e., dogs and cats, are sheltered, enclosed, grouped or bred, except at a veterinary clinic, animal hospital or animal shelter.

i. LIVESTOCK - Shall mean horses, mules, donkeys, cattle, sheep, goats, hogs and all similar domestic animals, whether kept for personal use or pleasure.

j. NOTICE OF VIOLATION - Shall mean written citations issued by duly appointed and qualified peace officers and/or animal control officer(s) to persons violating this ordinance or any amendment hereto or replacement hereof.

k. OWNER - Shall mean a person who owns or has responsibility for the care and control of any animal (as defined herein) regulated hereby.

l. PET - Shall mean any animal kept for pleasure rather than utility.

m. PET SHOP - Shall mean any place where more than three (3) animals, fish, fowl, reptiles or lizards of one general classification, i.e., dogs, or more than five (5) animals of a mixed general classification, i.e., dogs, cats, are sheltered, enclosed or grouped for wholesale or retail sale.

n. PUBLIC NUISANCE - Shall mean any animal that exhibits one or more of the following characteristics:

1. Threatens, chases or attacks passing persons or vehicles.

2. Attacks other animals.

3. Trespasses on school grounds.

4. Is loose or unrestricted, excluding cats.

5. Damages private or public property.

6. Barks, whines, howls or otherwise creates noise in an excessive, continuous or untimely fashion.

7. Gets in, on, into and/or onto property belonging to anyone other than its owner.

o. RESTRAINT - Shall mean the securing of an animal by a leash or lead, or by physical confinement within the real property limits of its owner(s).

p. RUNNING AT LARGE - Shall mean the going upon public or private property by an animal without the owner or person in charge thereof having direct physical control over the animal.

q. VETERINARIAN - Shall mean an individual licensed for veterinary practice in the state.

r. VICIOUS ANIMAL - Shall mean any animal that constitutes a physical threat to persons, property and/or other animals.

s. WILD ANIMAL - Shall mean any animal normally found in the wild, or as defined by the code of the Texas Parks and Wildlife Department.

SECTION 2 - ENFORCEMENT OFFICER-DIRECTOR:

A. The Chief of Police, or his duly designated and authorized officers, shall enforce the provisions of this Ordinance, and unless otherwise provided, the Chief of Police, with the approval of the City Manager in accordance with established personnel policies and procedures, shall have the authority to designate such officer or officers as may be necessary to carry out the provisions of this ordinance.

B. The Animal Control Officer, and/or any other individual(s) duly authorized hereunder, shall have all of the powers and authority of police officers to the extent only and no further of enforcing all ordinances, including any amendments thereto or replacements thereof, regulating the control of animals.

SECTION 3. CHIEF ANIMAL CONTROL OFFICER:

The office of Chief Animal Control Officer is hereby established.

The Chief Animal Control Officer shall be appointed by the Chief of Police with the approval of the City Manager in accordance with established personnel policies and procedures, and it shall be the duty of the Chief Animal Control Officer to enforce all provisions of this Ordinance.

SECTION 4. CITY ANIMAL SHELTER:

A. The Chief Animal Control Officer shall maintain a

City Animal Shelter at such place as may be designated by City Council.

B. The city animal shelter shall be used for the impoundment of animals found running at large within the city limits, and for such other purposes as may be prescribed by the provisions of this ordinance.

SECTION 5. WILD, VICIOUS ANIMALS:

A. No person shall keep, raise, feed or maintain any animal, as defined herein, that is wild or vicious for purposes of display or exhibition, whether gratuitously or for a fee; provided, however, that this section shall not apply to zoological parks or holders of all applicable federal, state and city permits.

B. No person shall sell or keep any wild animal as a pet, unless an exception is allowed in the Texas Parks and Wildlife Code.

C. No owner of a vicious animal shall fail to confine such animal within a building or secure enclosure, nor fail to securely muzzle or cage such animal whenever such animal is off owner’s premises.

D. If any animal within the city shall bite, scratch or otherwise attack any person and the person so attacked was not at the time trespassing upon the property of the owner or persons having control of such animal, or the person so attacked was not provoking or teasing such animal, the Municipal Court shall have the authority to order and hold a hearing to determine if the animal is vicious or dangerous to persons. Until such hearing is held, the Court may order the animal be kept muzzled, or be kept within a sufficient enclosure.

After such hearing is held the Court may order the animal be kept muzzled, caged within a sufficient enclosure or be delivered to the Animal Control Officer to be humanely destroyed by such officer.

SECTION 6. LICENSE REQUIRED:

A. All dogs and cats three (3) months of age or older which are kept, harbored or maintained within the City limits of the City of Port Lavaca shall be licensed.

Cat and dog licenses shall be issued by the City of Port

Lavaca or their agent upon payment of the required fee for each dog and cat. The license fee for dogs and cats shall be $3.00.

Prior to the issuance of a City license, the owner of the dog or cat must present a certificate from a licensed veterinarian showing the dog or cat has been vaccinated for rabies within the preceding twelve (12) months. The owner shall state their name, address, and telephone number along with the breed, color, age, name, and sex of the dog or cat to be licensed. Said license shall be good until September 30 from the date of issuance.

B. Upon payment of the license fee, the City shall issue to the owner a license certificate and a metallic tag for each animal so licensed. The tag shall have stamped thereon, the year of issuance and the number corresponding to the number on the certificate.

C. The animal license tag issued pursuant to this

Ordinance, shall not be transferable from one dog or cat to another and it shall be unlawful for the owner or person having control over or custody of any dog or cat to transfer such license tag from the dog or cat for which such tag was issued to any other dog or cat.

D. It shall be the duty of each person having ownership of a dog or cat for which a license is required under this Ordinance to ensure that the license tag furnished by the City in connection with the issuance of the animal’s license is worn by the animal at all times. It is a defense to prosecution hereunder that the dog or cat was confined within a building or other totally enclosed structure under the ownership, possession or control of the person having possession of the animal at the time the animal was not wearing a license tag.

1. In any prosecution under this article it shall be presumed that no valid license has been issued for an animal hereunder unless the animal was wearing a valid license tag furnished pursuant to this section at the time of the alleged offense.

SECTION 7. CITY OWNED CAPTURE EQUIPMENT:

A. Capturing devices owned by the City of Port Lavaca for use in collecting at-large animals.

1. Upon availability, these capture devices may be borrowed by the public for individual use in assisting Animal Control of unwanted animals.

2. Deposits and Fees:

a. All animal capture devices must be obtained by the public from the Animal Control Officer.

b. A deposit of twenty-five dollars ($25.00) must be paid in advance to the City of Port Lavaca for the private use of any animal capture devices.

ARTICLE II - KENNELS

SECTION 1. PERMIT REQUIRED:

A. It shall be unlawful to maintain a kennel or pet shop without a license.

B. Any person maintaining a kennel or pet shop, as herein defined, within the city limits shall be required to obtain a kennel/pet shop license on or before October 1 of each year in amounts prescribed in Article V, Section 8 hereof.

C. Application for a kennel or pet shop permit will be on a form prescribed by the licensing authority, obtained from the Police Department Records Clerk, and shall designate the number and type of animals to be maintained, and it shall be unlawful to maintain more animals than allowed by such permit.

D. All kennels and/or pet shops shall be kept and maintained in a clean manner, free from odors detectable at or near neighboring property.

E. All kennels and/or pet shops shall be constructed and maintained in accordance with this ordinance and all applicable state law regulating kennels and/or pet shops as the same now exist, or as they may be amended from time to time.

F. All kennel and/or pet shop licenses and/or permits are subject to revocation by the Police Chief, for failure to operate the same in accordance with this ordinance and all applicable state law as the same now exist, or as it may be amended from time to time.

G. Any person required by the above provisions to obtain a kennel and/or pet shop permit may apply to City Council for a variance. The application for such variance shall state with specificity the number of animals to be boarded, the reason a kennel and/or pet shop permit is not viable and the facilities where the animals will be located. The City Council shall have the authority to request comments from surrounding landowners as to their opinion on such variance request.

SECTION 2. REVOCATION

A. The Police Chief may, after notice to the license/permit holder and all hearings provided for, revoke a kennel and/or pet shop establishment permit upon any of the following grounds:

1. Withholding or falsifying information on an application for a permit.

2. Failure to comply with applicable provisions of this Ordinance or any amendments hereto or replacements hereof, or with regulations promulgated pursuant to Section 3.

3. Conviction of the permit holder, or any employee of the permit holder, of a crime pertaining to the care or treatment of animals.

B. Any individual whose kennel and/or pet shop permit is revoked shall humanely dispose of all animals owned or kept incident to the operation of such kennel and/or pet shop within ten (10) days after such revocation.

SECTION 3. SANITATION AND HUMANE REQUIREMENTS:

A. The Chief of Police shall promulgate regulations pertaining to the care of animals at kennels and/or pet shops, including, but not limited to, capacity, spacing, sanitation and feeding. A copy of such regulations shall be kept on file for public inspection in the offices of the City Secretary and the Chief of Police. The Chief of Police, or such other officer as he may choose to designate, shall have the right of inspection at reasonable hours without notice for compliance with such regulations.

B. No kennel, or part thereof, shall be located within one hundred (100’) feet of any residence other than that of the owner/operator of the establishment; provided, that this requirement shall not apply to animal shelters in existence as of the effective date of this ordinance, and provided further, that upon cessation of operation of such an existing establishment for a continuous period of sixty (60) days or more, the foregoing offset of 100 ft. shall apply to such establishment.

ARTICLE III. LIVESTOCK AND FOWL

SECTION 1. RAISING LIVESTOCK IN CITY

PROHIBITED/EXCEPTION:

A. No person shall keep, feed, raise or maintain goats, sheep, hogs, cows, horses, or, without limitation by enumeration, any livestock or fowl within the city limits, except as may otherwise be provided for herein.

B. It shall be lawful to keep within rural areas of the City of Port Lavaca annexed after 1994;

1. Livestock, with at least three thousand (3,000) square feet of land per small animal (sheep or goat) over six (6) months of age, and at least six thousand (6,000) square feet of land per large animal (bovine or horse) over six (6) months of age.

2. Fowl, poultry or caged birds, including all species of chickens, peacocks and water fowl. This section does not pertain to household caged domestic birds such as finches, canaries, parakeets, etc.

C. Pen Regulations.

1. All livestock kept within the city limits of Port

Lavaca will be kept restrained to their property by a pen which meets the following qualifications:

a. The pen must have a minimum of four wire, four feet high fence with fence posts no further apart than one rod or 16.5 feet. All gates must be securely locked and of sufficient strength to hold the animals kept within the structure.

b. The pen must have adequate shelter for animals to enter into and get away from the elements.

c. The pen must be kept clean of all unwholesome matter, i.e., feces, and other forms of discharge.

d. The pen must be kept sanitized on a regular basis to keep down germs, bacteria, and flies.

e. The pen must be kept in good working repair at all times; and the area surrounding the pen must be kept and maintained to not become a nuisance to the community of Port Lavaca.

2. Each species of bird, poultry, water fowl and rabbits will be restrained by fence, or cage of sufficient size and strength to maintain such, with adequate shelter from the elements of weather and predators.

a. All pens shall be kept clean of feces, discharge, and any other unwholesome matter, as to eliminate germs, bacteria, and flies.

b. All feces, discharge, or unwholesome matter will be removed immediately from the premises by placing in plastic bags and disposing through waste management.

c. All dead animals will be removed immediately and the owner is to contact Animal Control for proper disposal instructions.

d. No dead animals shall be placed in City trash dumpsters.

e. All pens are to be kept in good working repair at all times; and the area surrounding pens are to be maintained so as not to become a nuisance to the City of Port Lavaca.

SECTION 2. SALE OF DYED FOWL:

No person shall dye or color any chicken, duckling or other fowl, nor sell or offer for sale any such dyed or colored fowl.

SECTION 3. AGRICULTURAL, EDUCATIONAL, VOCATIONAL

PROJECTS:

Any agricultural, vocational, school or other educational or county fair/livestock show projects involving raising, feeding and/or maintaining livestock, conducted within the city limits of the City of Port Lavaca, must have prior written approval of City Council and a no-fee permit which shall be obtained from the Police Chief, or his duly authorized officer.

ARTICLE IV - CARE AND CONTROL OF ANIMALS

SECTION 1. ANIMALS AT LARGE:

A. It shall be unlawful for any person to permit or allow an animal, owned or harbored by that person to run at large. The owner or harborer is responsible for any action committed by their animal.

1. An animal will be deemed to be at large while on or off the premises of its owner or harborer under the conditions set forth below:

a. Off Premises:

(1) Any dog which is not restrained by means of a leash or chain of sufficient strength and length to control the action of such animal while off the premises of its owner or harborer is deemed to be at large.

b. On Premises:

(1) Any dog located on its owner’s or harborer’s premises, but not

(ii) Confined to such premises by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or

(iii) Secured on the premises by metal chain or leash sufficient in strength to prevent animal from escaping from the premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length, is deemed to be at large.

c. Any animal within an automobile or other vehicle owned or occupied by its owner or harborer or by such person’s agent shall not be deemed at large.

2. No owner of an animal in heat shall fail to confine such animal in a building that prevents any contact between such animal and any other animal except for planned breeding.

SECTION 2. LIVESTOCK AND FOWL AT LARGE:

No owner of livestock or fowl shall cause or permit such livestock or fowl to go at large upon streets, sidewalks or other property within the city, except as otherwise provided for herein.

SECTION 3. DRIVING OR HERDING LIVESTOCK

A. No person shall drive or herd any livestock upon streets, sidewalks or other public property within the city, except in a parade, show or for other ceremonial purposes, for which a permit has been approved by the City Council.

B. Permit holder shall be responsible for removing any waste, feed, pens or restraint devices immediately following such events, and in no event, later than the expiration of the permit.

SECTION 4. SALE OF ANIMALS/LIVESTOCK/FOWL ON PUBLIC

PROPERTY.

A. No person shall conduct a sale or auction of animals, livestock and/or fowl upon streets, sidewalks or other public property within the city.

B. This section shall not apply to judicial sales made by officers of the courts, as ordered by such courts or prescribed by law, or to sales authorized by the City Council of the City of Port Lavaca as part of any duly authorized stock show sale. Authority conducting such sale is responsible for removing any waste, feed, pens or restraint devices immediately following such sales.

SECTION 5. HITCHING LIVESTOCK .

No owner of livestock shall cause or permit such livestock to be hitched, tied or staked in any public park or square or upon any private property or structure other than that of such owner, except in a parade, show or for other ceremonial purposes for which a permit has been approved by City Council. Permit holder shall be responsible for removing any waste, feed, pens or restraint devices immediately following such events, and in no event, later than the expiration of the permit.

SECTION 6. IMPOUNDMENT OF ANIMALS; NOTICE OF

VIOLATIONS; FEES AS PRESCRIBED:

A. It shall be unlawful for the owner or persons in control to allow unrestrained dogs, public nuisances, livestock or fowl and/or any animals otherwise in violation of the provisions of this ordinance to run at large. Any unrestrained dogs, public nuisances, livestock or fowl and/or any animals otherwise in violation of the provisions of this ordinance may be impounded in the city animal shelter. Without evidence of proper licenses, such animal(s) may be humanely disposed of without delay.

B. The Police Chief, or his duly authorized officer, having probable cause to believe that a violation of this section has occurred, shall have the right to enter upon all enclosed premises within the city in the course of enforcement of any of the provisions of this ordinance.

Nothing in this section shall be construed, however, to authorize the Police Chief, or his duly authorized officer, to enter dwellings or buildings attached thereto without the consent of the owner or person in control of said dwelling, except with a valid search warrant and/or warrant for arrest and/or seizure of animal(s).

C. Animals impounded hereunder that have current licenses displayed shall be kept for not less than three (3) working days unless reclaimed earlier by their owner under the conditions prescribed herein. Animals not claimed within the time specified herein may be disposed of by sale, adoption or be humanely destroyed.

D. Prior to release, proof of rabies vaccination is required. An owner reclaiming an animal so impounded shall pay an impoundment fee, a boarding fee for each day of impoundment, all costs of veterinary care incurred during the impoundment period, and shall receive a citation with a court date for violation of the restraint Ordinance. (The impoundment fee and the citation may be waived upon the owner of the animal agreeing to have the animal spayed or neutered within thirty (30) days of the impoundment and furnishing the Police Chief, or his duly authorized officer, proof thereof. Failure to comply with the agreement shall result in reissuance of the citation and collection of the impoundment fee.)

E. Removal of Dogs & Cats from confinement:

1. It shall be unlawful for any person to remove from any place of confinement any dog or cat with has been confined as authorized, without the consent of the City of Port Lavaca or its agent.

SECTION 7. ANIMAL WASTE:

No owner of any animal shall fail to remove any excretion deposited by such animal on public streets, sidewalks or public grounds.

SECTION 8. DUTY OF PERSON STRIKING A DOMESTIC ANIMAL

WITH A MOTOR VEHICLE:

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall report the accident immediately to the Police Department or to the city animal shelter.

ARTICLE V - RABIES CONTROL

SECTION 1. DESIGNATION OF LOCAL HEALTH AUTHORITY:

The Director of the Calhoun County Health Unit is hereby designated as the local health authority for the purposes of the Rabies Control Act.

SECTION 2. VACCINATION OF DOGS AND CATS:

A. Every owner of a dog or cat three (3) months of age or older shall have such animal vaccinated against rabies, by a licensed veterinarian with the State of Texas. All such dogs and cats shall be re-vaccinated annually thereafter. Any person establishing residency within the City of Port Lavaca shall comply with this chapter within ten (10) days of establishing residency. If an unvaccinated dog or cat inflicts a bite or scratch, or otherwise attacks any person within the City limits, a rabies vaccine shall not be administered to the dog or cat until after a ten (10) day observation period beginning with the date of the bite, scratch or attack.

B. A veterinarian who vaccinates a dog or cat against rabies shall issue a vaccination certificate to the owner thereof, with all information as prescribed by State Law.

C. Rabies Tag. Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance.

SECTION 3. REPORTS OF EXPOSURE OF RABIES REQUIRED:

A. Any person having knowledge of (1) an animal bite or scratch that could be reasonably foreseen as capable of transmitting rabies or (2) of an animal that is suspected of being rabid, shall report the incident or animal to the Calhoun County Health Authority. The report shall include a description of the animal, the location of the incident or animal, the name and address of the animal’s owner, if known, and the name and address of any victim, if known.

B. The Calhoun County Health Authority shall investigate all such reports of rabies.

SECTION 5. QUARANTINE OF ANIMALS:

A. The owner of any animal that is reported to be rabid or to have exposed any person to rabies, or that the owner knows or suspects to have rabies, or to have exposed any person to rabies, or which has bitten or scratched anyone, shall submit the animal for quarantine as directed by the Calhoun County Health Authority.

B. The quarantine observation shall be a period of ten (10) days, commencing on the day of the bite or scratch incident.

C. Unvaccinated animals shall not be vaccinated against rabies during the period of observation.

D. The animal must be quarantined in a Texas

Department of Health approved facility specified by the local rabies control authority, and must be observed at least twice daily during the quarantine period.

E. The owner or custodian of the animal may request permission from the local rabies control authority to home quarantine, provided the following criteria are met:

(1) Secure facilities approved by the local rabies control authority are available at the home of the animal’s owner or custodian.

(2) Biting animals and those suspected of rabies placed in confinement shall be separated from all other animals in such a manner that there is no possibility of physical contact between animals or humans.

(3) A solid partition extending from the floor to the ceiling shall be required to insure that there is no physical contact between animals or humans.

(4) The confinement area must be enclosed on all sides to prevent escape.

F. The animal vaccinations must be current.

G. The local rabies control authority, or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period.

H. If the animal becomes ill during the quarantine observation period, the rabies control authority must be notified by the person having possession of the animal.

I. A written release from the rabies control authority must be obtained to end the quarantine observation period.

J. The animal was not a stray (as defined in Article

I, Section 1, Definitions) at the time of the bite incident.

SECTION 6. DISPOSITION OF QUARANTINED ANIMALS:

A. If it is determined by a veterinarian that a quarantined animal shows the clinical signs of rabies, the Calhoun County Health Authority shall cause the animal to be humanely destroyed.

B. If an animal dies or is destroyed while in quarantine, the Calhoun County Health Authority shall submit the animal for testing to the nearest laboratory of the State Department of Health at a cost as established by State statute.

C. It is determined by a veterinarian that a quarantined animal does not show the clinical signs of rabies at the end of the quarantine period, the Calhoun

County Health Authority shall release it with a written release to the owner, provided

1. The owner has a current, valid rabies vaccination certificate for the animal; or

2. The animal is vaccinated against rabies by a licensed veterinarian at the owner’s expense.

D. In the event the animal is not reclaimed by its owner in accordance with the provisions hereof within 24 hours of the end of the quarantine period, it may be humanely disposed of without further delay.

SECTION 7. ANIMALS CONSTITUTING IMMINENT PERIL:

Any animal that is or appears to be rabid, or is constituting an imminent peril to any person or to any other animal, may be immediately exterminated by a police officer, the Police Chief, or his duly authorized officer. If the animal is exterminated, every effort shall be given to prevent destruction of the head and brain. The head of any animal exterminated by virtue of this provision shall be preserved for examination to determine if the animal was rabid.

SECTION 8. FEES:

A. The fees required for the issuance of permits, licenses, impoundment, and other related subject matter required by this Ordinance shall be as follows, to-wit:

1. Kennel/Pet Shop Licenses:

$20.00 from October 1 to September 30, subject to revocation for failure to comply.

2. Impoundment Fee:

$20.00 per dog or cat

3. Shelter Fee:

$4.00 per day per dog or cat for owner reclaims.

4. Adoption Fee:

$20.00 per animal, plus the actual cost of

vaccinations and spaying or neutering for each

animal

5. Quarantine Fee:

$70.00 fee based on $7 per day

6. License Fee

The license fee for dogs and cats shall be three dollars ($3.00), payable annually on the first day of October.

ARTICLE VI - CUMULATIVE PROVISION

The provisions of this Ordinance as set out above shall be deemed cumulative of the provisions and regulations in the ordinances heretofore enacted by the City Council of the City of Port Lavaca and the general laws of the State of Texas, save and except where the provisions of this Ordinance and any other ordinance heretofore enacted are in conflict, then the provisions contained in this Ordinance shall prevail.

ARTICLE VII UNCONSTITUTIONALITY AND SEVERANCE

It is specifically declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections.

ARTICLE VIII - REPEALING CLAUSE

All ordinances or parts of ordinances of the City of Port Lavaca in conflict herewith are hereby repealed, and in particular, Ordinance G-1-97, adopted February 10, 1997, as the same appears of record in Vol. RR, Page 30 of City Council Minute Records.

ARTICLE IX - PENALTY

Anyone who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00), and each day of continued violation thereof shall constitute a separate and distinct offense.

ARTICLE X - EFFECTIVE DATE

The effective date of this ordinance shall be 1^st day of July, 1998.

FIRST READING this the 11^th day of May, 1998.

MAYOR

SECOND AND FINAL READING this the 18^th day of May 1998.

MAYOR

PASSED AND APPROVED this the 18^th day of May, 1998.

RECORD OF VOTE

FIRST SECOND APPROVED/

READING READING ADOPTED

Councilman Zirkelback AYE AYE AYE

Councilwoman Fabrygel AYE AYE AYE

Councilman Navarro AYE AYE AYE

Councilman Chavez AYE AYE AYE

Councilman Innes AYE NAY NAY

Councilman Barr AYE AYE AYE

Record of approval by City Council: City Council Minute Records, Volume ___, Page _______.