06-084 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-84
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 88-10 (ANIMAL CONTROL), SECTION XVII
(REPEALS); 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 XVII(Repeals);and
WHEREAS, Prosper has entered into an Interlocal Agreement for Animal Control Services
with Collin County, Texas wherein Prosper is required to amend its animal control ordinances to
provide for the animal control regulations of Collin County to apply in Prosper in compliance with
said agreement.
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 XVII
(REPEALS). Prosper Ordinance No. 88-10, Section XVII(Repeals)is hereby amended as follows:
SECTION XVII
SAVINGS/REPEALING CLAUSE AND CONFLICTS OF LAWS
All provisions of any ordinance in conflict with this Ordinance, as it exists or may be
amended, are hereby repealed to the extent they are in conflict;but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall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.
To the extent of any conflict between this Ordinance, and other animal control laws of
Prosper, and the regulations of Collin County,Texas regarding animal control,which
Amending Ordinance 88-10,Section XVII(Repeals)—Animal Control Ordinance Page 1
457165-1
are enforced in Prosper by Collin County pursuant to a written agreement between
Prosper and Collin County, then the regulations of Collin County shall apply and be
enforceable in Prosper.
SECTION 3: 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 4: 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 5: Severability. Should any section, subsection,sentence,clause or phrase ofthis
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 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 22nd day of August 2006.
Charles Niswanger;leq 9 i/14,
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ATTESTED AND CORRECTLY ®® .�.• ••..•Ac<\
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atthew Denton, Town Secretary ®ii
Date(s)of Publication: /4Gt a7,
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Amending Ordinance 88-10,Section XVII(Repeals)—Animal Control Ordinance Page 2
457165-1
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News—Metro Collin County Edition on:
August 29, 2006
TOWN_p OSpER August 31, 2006
ORDINANCEANO.
06-84
AN ORDINANCE OF TEHE TOWN OF PROS-
; PROROINANCE NON88-
10,(ANIMAL CONTROL),
(REPEALS);PROV)y0ID! A
ING FORA PENALrr-"
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9 OF THIS ORDINANCEE;,PROVIDING FOR REi 6 /PEALING, ,t�,/�` /��,�/�' �1
AND SEVERABIILII
N CLAUSES; PROVIDING L_
9 DATEAOF THIS OEFFCRDIE
NANCE• AND PROVID-
ING FOR THE PUBLI-
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Sworn to and subscribed before me this August 31 , 2006, A.D
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