O227ORDINANCE NO. 227
AN ORDINANCE AMENDING CHAPTER 3, "ANIMALS," OF THE CODE
OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS; BY
AMENDING THE DEFINITION OF WILD ANIMAL AND BY REDEFINING
THE PROHIBITION AGAINST KEEPING WILD ANIMALS WITHIN THE
CITY; PROVIDING THAT TO THE EXTENT PERMITTED BY LAW THIS
ORDINANCE SHALL CONTROL OVER OTHER LAWS GOVERNING WILD
ANIMALS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, in accordance with the requirements of Subchapter E of Chapter 822
of the Texas Health and Safety Code, the City Council desires to prohibit the ownership,
possession, confinement, and care of wild animals within the City; and
WHEREAS, the City Council has determined that to the extent permitted by Texas
law, and in accordance with Section 822.116 of the Texas Health and Safety Code, this
ordinance shall control overother laws governing the ownership, possession, confinement,
and care of wild animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
A. That Chapter 3, Section 3-1, of the Code of Ordinances of the City of Kennedale,
Texas, is hereby amended by amending the definition of "Wild Animal", to read as follows:
Wild animal includes all species of animals which commonly
exist in a natural unconfined state and are usually not
domesticated, including, but not limited to the following: a lion,
a tiger, an ocelot, a cougar, a leopard, a cheetah, a jaguar, a
bobcat, a lynx, a serval, a caracal, a hyena, a bear, a coyote,
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a jackal, a baboon, a chimpanzee, an orangutan, a gorilla, and
any hybrid of any animal falling under this definition. This shall
apply regardless of state or duration of captivity.
B. That Chapter 3, Section 3-6, of the Code of Ordinances of the City of Kennedale,
Texas, is hereby amended by amending Subsection (c), to read as follows:
(c) It shall be unlawful to own, possess, confine, or care for
any wild animal inside the city.
SECTION 2.
Effect of Other Law
To the extent permitted by Texas law this ordinance shall control over other law
governing the ownership, possession, confinement, and care of wild animals. The
adoption of this ordinance is in lieu of the certificate of registration program provided by
Subchapter E of Chapter 822 of the Texas Health and Safety Code, and is expressly
permitted by Section 822.116 of the Texas Health and Safety Code, as it may be
amended.
SECTION 3.
Cumulative Clause
This ordinance shall be cumulative of all provisions of the City of Kennedale, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of
other ordinances, in which event the conflicting provisions of the other ordinances are
hereby repealed.
SECTION 4.
Severability Clause
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if a phrase,
clause, sentence, paragraph, orsection ofthis ordinance shall be declared unconstitutional
by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality
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shall not affect 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 ofthe unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 5.
Savings Clause
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Chapter 3 of the Code of Ordinances of the City of
Kennedale, Texas, or any other ordinances regulating wild animals which have accrued
at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6.
Penalty Clause
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 7.
Publication Clause
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, penalty clause, publication clause,
and effective date clause of this ordinance two (2) days as authorized by Section 52.013
of the Local Government Code.
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SECTION 8.
Effective Date
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED THIS 8 DAY OF NOVEMBER , 2001.
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EFFECTIVE: 11/14/2001
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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