01-30 - Ow
05066 04725
2001- 0161535
TOWN OF PROSPER, TEXAS ORDINANCE NO. 01-30
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 88-10, SECTION I (DEFINITIONS) AND SECTION VIII
(PROHIBITED ANIMALS) AND ORDINANCE NO. 96-07, SECTION I
(LIVESTOCK); PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION THEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to amend Prosper Ordinance No. 88-10, Section I
(Definitions) and Section VIII (Prohibited Animals) and Ordinance No. 96-07, Section I
(Livestock); and
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO PROSPER ORDINANCE NO. 88-10, SECTION I
(DEFINITIONS). Prosper Ordinance No. 88-10, Section I (Definitions), subsection 4 (Wild
Animals) is hereby amended as follows:
"4. Wild Animal: Shall mean any poisonous or dangerous reptile, or
any other species of animals that commonly exists in a natural, unconfined state
and is usually not domesticated, including, but not limited to, foxes, opossums,
raccoons, squirrels, monkeys, baboons, chimpanzees, gorillas, ocelots, foxes,
skunks, leopards, panthers, cougars, cheetahs, jaguars, bobcats, lynx, servals,
caracals, hyenas, coyotes, jackals, orangutans, tigers, lions, alligators, crocodiles,
boa constrictors, unless certified for medical, biological, herpetological or other
scientific research or study, or any hybrid of an animal listed in this section. This
definition shall apply regardless of state or duration of captivity."
SECTION 3: AMENDMENT TO PROSPER ORDINANCE NO. 88-10, SECTION
VIII (PROHIBITED ANIMALS). Prosper Ordinance No. 88-10, Section VIII (Prohibited
Animals), subsection 3 is hereby amended as follows:
ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NOS. 88-10 & 96-07) — Page 1
C:\Documents and Settings\User\My Documents\Ordinance No. 01-30.doc
05066 04 726
4'3. It shall be unlawful to keep, own, possess, confine, care for
and/or sell any wild animal inside the City."
SECTION 4: AMENDMENT TO PROSPER ORDINANCE NO. 96-07, SECTION I
(LIVESTOCK). Prosper Ordinance No. 96-07, Section I (Livestock) is hereby amended as
follows:
"It shall be unlawful for any person to keep any swine within the city limits
of Prosper, Texas, except for any swine kept by the Agriculture Department of the
Prosper Independent School District in and/or on the following described property:
Collin County School Land Survey, Abstract No. 147, Sheet 2,
Tract 5, Prosper, Collin County Texas containing 20.031 acres of
land."
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00).
Each continuing day's violation under this Ordinance shall constitute a separate offense. The
penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
ANIMAL CONTROL ORDINANCE (AMENDING ORDINANCE NOS. 88-10 & 96-07) — Page 2
C:\Documents and Settings\User\My Documents\Ordinance No. 01-30.doc
05066 04727
11
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 11'h day of December 2001.
y�tvD c—
JAMES DUNM RE, Mayor
ATTESTED AND CORRECTLY
RECgRDED: ,
//II I � A T
AMBER PHILLIPS
Town Secretary
Date(s) ofPublication: A / —71 020 0 % _The McKinney Courier Gazette
ANIMAL CONTROL ORDINANCE (REPEAL NO.88-10 & 96-07) - Page 3
C:\Documents and Settings\User\My Documents\Ordinance No. 01-30.doc
Ak�,r re- urd 1'1 )
kas-e- ro-urlt -�c
C of Prospev
P.O. Box 307
Prosper, TX 7507&
05066 04328
ry
•
�ANY PPOtngON HEREMJ WNICN RESTRfCTS SALE, RENiA( tlN USE OF
NcNFOgCE iB `�y�PJ FRTY SE'CAUyE OF Cp CR OR RACE IS INVALID O AND
1 STAFEOFt`x1Sl
f d he 7""'y th' It ranem waa FILED In INe Hfp Num COUNTY
"d the lime yy� OF C&IN)
Records of Rey Property of�li� �pUrv4Y T � duly RECORDED. ink t lit he date
Public
DEC 14 2001
Filed for McKinney iX
Honorable Helen Starnes
Collin County ClerF:.
On Dee 14 2001
At 4:21pm
Doc/NL(M : 2001- 0161535 •
Recording Type:OR 1500
Receipt #: 41477.