O300ORDINANCE N0.300
AN ORDINANCE AMENDING CHAPTER 3, "ANIMALS," OF THE CODE
OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS; AMENDING
DEFINITIONS; PROVIDING FORTHE LICENSING OF DOGS, CATS, AND
FERRETS; SUSPENDING COLLECTION OF THE LICENSE FEE FORONE
YEAR; REQUIRING ANNUAL VACCINATIONS; LIMITING THE NUMBER
OF CERTAIN DOMESTIC ANIMALS PER HOUSEHOLD; PROVIDING AN
IMPOUND HOLDING PERIOD; PROHIBITING CERTAIN UNSANITARY
CONDITIONS; PROVIDING REGULATIONS OF DANGEROUS DOGS;
DESIGNATING THE CHIEF OF POLICE AS THE LOCAL RABIES
CONTROL AUTHORITY; 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, the City has previously enacted ordinances now codified in Chapter 3
of the Kennedale Code of Ordinances and regulating the care, custody, and control of
animals within the City; and
WHEREAS, the City Council has determined that requiring owners of certain
animals to obtain a license would serve the public interest by enabling the City to ensure
that animals have been vaccinated and by allowing owners to be located; and
WHEREAS, section 822.0422 of the Texas Health & Safety Code authorizes the City
to adopt provisions for the reporting of incidents involving dangerous dogs; and
WHEREAS, section 822.017 of the Texas Health & Safety Code directs the City to
designate an officer to act as the local rabies control authority; and
WHEREAS, the City Council has determined that these and certain other
amendments to the City's animals regulations will advance the health, safety, and general
welfare of the citizens of the City of Kennedale.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
Chapter 3, Section 3-1, of the Code of Ordinances of the City of Kennedale, Texas,
is hereby amended by adding or amending the following definitions, which shall read as
follows:
Dangerous dog means a dog that:
(1) makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own; or
(2) commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to
prevent the dog from leaving the enclosure on its own and those acts
cause a person to reasonably believe that the dog will attack and
cause bodily injury to that person.
Dangerous incidenf means an incident involving an unprovoked attack or act
as described in the definition of dangerous dog.
Harboring means the act of keeping and caring for an animal or of providing
a premises to which the animal returns for food, shelter or care for a period
of three (3) days.
Local health authority means a person designated by the city to receive
reports of animal bites, investigate bite reports, insure quarantine of possibly
rabid animals and otherwise carry out provisions of state law pertaining to
control and eradication of rabies. Local health authority shall have the same
meaning as "local rabies control authority."
Owner means any person who owns, keeps, shelters, maintains, feeds,
harbors, or has temporary or permanent custody of a domestic or prohibited
animal, or who knowingly permits a domestic or prohibited animal to remain
on or about any premises occupied by the person over which the person has
control. An animal shall be deemed to be owned by a person who harbored,
fed, or sheltered it for three (3) or more consecutive days.
Running at large means an animal that:
(1) while on the owner's property is not completely confined by a
building, wall or fence (electric or physical) of sufficient strength or
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construction to restrain the animal from the public or from other
animals, except when such animal is either on a secure leash, or held
in the hands of the owner, or under the direct control and supervision
of the owner or keeper; or with the use of an electronic training device;
or
(2) while not on its owner's property, is not on a secure lease and
accompanied by its owner
An animal confined within an automobile or other vehicle of its owner
shall not be deemed to be running at large.
Secure enclosure means a fenced area or structure that is:
(1) locked;
(2) capable of preventing the entry of the general public, including
children;
(3) capable of preventing the escape or release of a dog;
(4) clearly marked as containing a dangerous dog; and
(5) in conformance with the requirements for enclosures established
by the animal control officer.
Serious bodily injury means an injury characterized by severe bite wounds
or severe ripping and tearing of muscle that would cause a reasonably
prudent person to seek treatment from a medical professional and would
require hospitalization without regard to whether the person actually sought
medical treatment.
SECTION 2.
Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby
amended by the addition of Section 3-10, which shall read as follows:
Sec. 3-10. Sanitary standards.
The owner of any animal allowed by this chapter to be kept in the city shall
comply with the following standards of sanitation for that animal:
(1) Remove manure and droppings from pens, stables, yards, cages
and other enclosures and handle or dispose of the excretions in such
manner as to keep the premises free of any nuisance.
(2) Place food only in impervious containers or on impervious
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surfaces.
(3) Equip watering troughs or tanks with adequate facilities for
draining the overFlow.
SECTION 3.
Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby
amended by the addition of Section 3-11, which shall read as follows:
Sec. 3-11. Multiple pet ownership.
No person or family shall keep or harbor any combination of dogs, cats, or
ferrets totaling more than (4) animals at any one residential location, unless
the animals are housed or contained not closer than 200 feet from the
nearest residential dwelling unit. Puppies, kittens, and baby ferrets under
four (4) months of age shall not be counted for purposes of this section.
SECTION 4.
Chapter 3, Section 3-27, of the Code of Ordinances of the City of Kennedale, Texas,
is hereby amended to read as follows:
Sec. 3-27. Vaccinations required.
The owner of a dog, cat, or ferret shall have the animal vaccinated against
rabies by the time the animal is four (4) months of age, and shall ensure that
the animal receives a booster shot within twelve (12) months of the initial
vaccination. Vaccinations are required at annual intervals thereafter.
SECTION 5.
Chapter 3, Section 3-28, of the Code of Ordinances of the City of Kennedale, Texas,
is hereby amended to read as follows:
Sec. 3-28. Harboring unvaccinated animals.
It shall be unlawful for any person to harbor any dog, cat, or ferret which has
not been vaccinated against rabies, as provided in this article, or which
cannot be identified as having a current vaccination certificate.
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SECTION 6.
Chapter3, Section 3-29, ofthe Code of Ordinances of the City of Kennedale, Texas,
is hereby amended to read as follows:
Sec. 3-29. Certificate of vaccination.
Upon vaccination, the veterinarian shall execute and maintain as evidence
thereof a certificate upon a form furnished by the veterinarian or the
manufacturer of the vaccine. The veterinarian shall provide the owner with
a duplicate copy of the certificate. Such certificate shall contain the following
information:
(1) The name, address, and telephone number of the owner of the
vaccinated dog, cat, or ferret;
(2) The date of vaccination;
(3) The type of rabies vaccine used;
(4) The year and number of rabies tag; and
(5) The breed, age, color and sex of the vaccinated dog, cat, or ferret.
SECTION 7.
Chapter 3, Section 3-30, of the Code of Ordinances of the City of Kennedale, Texas,
is hereby amended to read as follows:
Sec. 3-30. Rabies tags.
(a) Concurrent with the issuance and execution of the certificate of
vaccination referred to in section 3-29, the owner of the animal 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 and the name of the issuing veterinarian, if any,
and his address. The owner shall cause the collar or harness, with the
attached metal tag, to be worn by his animal at all times.
(b) It shall be unlawful for any person who owns or harbors a vaccinated
animal to fail or refuse to exhibit his copy of the certificate of vaccination
upon demand to any person charged with the enforcement of this chapter.
(c) In the event of loss or destruction of the original tag, the owner of the
animal shall obtain a duplicate tag. Vaccination certificates and tags shall be
valid only for the animal for which it was originally issued.
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SECTION 8.
Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby
amended by the addition of Section 3-34, which shall read as follows:
Sec. 3-34. Designation of local rabies control authority.
The Chief of Police is designated as the local rabies control authority for the
City in accordance with Section 826.017 of the Texas Health and Safety
Code.
SECTION 9.
Chapter3, Section 3-49, of the Code of Ordinances of the City of Kennedale, Texas,
is hereby amended to read as follows:
Sec. 3-49 Holding period and redemption.
Impounded animals, including those released from quarantine, shall be kept
for three (3) days starting with the first day after the impoundment or release
from quarantine.
During this holding period, the owner may resume possession of an
impounded animal upon payment of impoundment fees, handling fees and
any veterinary bills incurred by animal control for the welfare of the animal,
and upon compliance with the vaccination provisions of this chapter, except
where prohibited in sections 3-50 and 3-51.
This section shall not apply to an impounded vicious or wild animal, unless
there is reason to believe it has an owner.
SECTION 10.
Chapter 3, Section 3-52, of the Code of Ordinances of the City of Kennedale, Texas,
is hereby amended to read as follows:
Sec. 3-52 Disposition of unredeemed animals.
(a) The disposition of any impounded animal not reclaimed by the owner
within the three (3) day holding period shall be at the discretion of the animal
control officer.
(b) Any impounded vicious orwild animal, unless there is reason to believe
that it has an owner, may be immediately disposed of as may be deemed
appropriate by the animal control officer.
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(c) Any nursing baby animal impounded without the mother, or where the
mother cannot or refuses to provide nutritious milk, may be immediately
euthanized to prevent further suffering.
SECTION 11.
Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby
amended by addition of a new Article IV, Animal Licenses, which shall read as follows:
ARTICLE IV. ANIMAL LICENSES
Sec. 3-70. License required.
(a) Offenses.
(1) A person commits an offense if the person owns, keeps,
harbors, or has custody of any dog, cat, or ferret over four (4)
months of age without maintaining a current City license for
each animal.
(2) A person commits an offense if he owns an animal required to
be licensed by this section and fails to display on the animal at
all times a valid City license tag. Such tag shall at all times be
securely attached to a collar or harness around the neck of the
animal.
(3) A person commits an offense if he owns an animal and
displays on such animal a City license tag issued to another
animal.
(b) Defenses.
(1) It is a defense to a prosecution under subsections (a)(1) and
(a)(2) above that the animal was owned, kept or harbored by,
or in the custody of, an animal establishment or releasing
agency, was kept under restraint on the premises of the animal
establishment or releasing agency, and was being offered for
sale or adoption.
(2) It is a defense to prosecution under subsections (a)(1) and
(a)(2) above that the person who owned the animal was not a
permanent resident of the city and was keeping the animal
within the city for less than thirty (30) days.
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Sec. 3-71. License application, issuance, and fee.
(a) Written application for a license and payment of the applicable license
fee shall be made to the animal control officer. The application shall
include the name and address of the applicant, a description of the
animal, and a current rabies certificate issued by a veterinarian
licensed to practice in the jurisdiction in which the animal was
vaccinated. The application shall also include the required license
fee.
(b) Upon acceptance of complete a license application, a City license
certificate and license tag shall be issued, which shall bear an
identifying number for the animal and the year of issuance.
(c) A license is valid for one (1) year from the date of issuance, unless
sooner revoked. A license is not transferable between animals or
between owners.
(d) The annual license fee shall be five dollars ($5.00) per animal, except
that no person over the age of sixty-five (65) shall be required to pay
the fee.
Sec. 3-72. Revocation of license.
(a) The animal control officer may revoke any animal license after a
hearing for any one or more of the following reasons:
(1) Impoundment of the animal by the City more than two (2) times
during a twelve (12) month period; or
(2) More than two (2) final convictions of a person for violating this
Article when such convictions relate to the animal which is
being considered for revocation of its license certificate; or
(3) Any combination of (1) and (2) totaling three (3) incidents.
(b) Upon revoking the license of any animal, the animal control officer
shall notify the owner of the animal in writing. Written notification shall
be deemed made when a certified letter, return receipt requested,
addressed to the last known mailing address of the animal's owner is
deposited in the U.S. Mail.
(c) Upon the expiration of ten (10) days after written notification of
revocation is deposited in the U. S. Mail, as provided above, no
animal which has had its license revoked shall be kept, maintained, or
harbored within City limits, and each twenty-four (24) hour period shall
constitute a separate violation.
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SECTION 12.
Chapter 3 of the Code of Ordinances of the City of Kennedale, Texas, is hereby
amended by addition of a new Article IV, Dangerous Dogs, which shall read as follows:
ARTICLE V. DANGEROUS DOGS
Sec. 3-81. Requirements for owner of dangerous dog.
(a) Not later than the 30th day after a person learns that the person is the
owner of a dangerous dog, the person shall:
(1) register the dangerous dog with the animal control officer;
(2) restrain the dangerous dog at all times on a leash in the
immediate control of a person or in a secure enclosure;
(3) further secure the dangerous dog with a muzzle in a manner
that will not cause injury to the dog or interfere with its vision or
respiration but shall prevent it from biting any person or animal
when the dangerous dog is taken off the property of the owner
for any reason; and
(4) obtain liability insurance coverage or show financial
responsibility in an amount of at least $100,000 to cover
damages resulting from an attack by the dangerous dog
causing bodily injury to a person or animal and provide proof
thereof to the animal control officer.
(b) The owner of a dangerous dog who does not comply with Subsection
(a) shall deliver the dog to the animal control officer not later than the
30th day after the owner learns that the dog is a dangerous dog.
(c) Failure to comply.
(1) If, on application of any person to the municipal court of the
City, the court finds, after notice and hearing as provided by
Section 3-84, that the owner of a dangerous dog has failed to
comply with Subsection (a) or (b) of this Section, the court shall
order the animal control officer to seize the dog and shall issue
a warrant authorizing the seizure. The animal control officer
shall seize the dog or order its seizure and shall provide for the
impoundment of the dog in secure and humane conditions.
(2) The owner shall pay any cost or fee assessed by the City
related to the seizure, acceptance, impoundment, or
destruction of the dog.
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(3) The court shall order the animal control officer to humanely
destroy the dog if the owner has not complied with Subsection
(a) before the 11th day after the date on which the dog is
seized or delivered to the animal control officer. The court
shall order the animal control officer to return the dog to the
owner if the owner complies with Subsection (a) before the
11 th day after the date on which the dog is seized or delivered
to the animal control officer.
(4) The court may order the humane destruction of a dog if the
owner of the dog has not been located before the 15th day
after the seizure and impoundment of the dog.
(d) For purposes of this section, a person learns that the person is the
owner of a dangerous dog when:
(1) the owner knows of a dangerous incident involving the owner's
dog;
(2) the owner receives notice that the municipal court of the City
has found that the dog is a dangerous dog under Section 3-84;
or
(3) the owner is informed by the animal control officer that the dog
is a dangerous dog under Section 3-82.
Sec. 3-82. Determination that dog is dangerous.
(a) If a person reports a dangerous incident, the animal control officer
may investigate the incident. If, after receiving the sworn statements
of any witnesses, the animal control officer determines that the dog is
a dangerous dog, it shall notify the owner of that fact.
(b) An owner, not later than the 15th day after the date the owner is
notified that a dog owned by the owner is a dangerous dog, may make
a written appeal of the determination of the animal control officer to
the municipal court of the City. An owner may appeal the decision of
the municipal court in the same manner as appeal for other cases
from the municipal court.
(c) For purposes of this Section, an appeal of the determination of the
animal control officer to the municipal court of the City shall be
considered effective on the date it is postmarked orhand-delivered to
the City care of the animal control officer. Upon timely receipt of an
appeal, the animal control officer shall schedule a hearing before the
municipal court of the City pursuant to Section 3-84.
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Sec. 3-83. Reporting of Dangerous Incident.
(a) This section is adopted pursuant to Section 822.0422 of the Texas
Health & Safety Code.
(b) A person may report a dangerous incident to the municipal court of
the City pursuant to Section 3-82. The owner of the dog shall deliver
the dog to the animal control officer not later than the fifth day afterthe
date on which the owner receives written notice that the report has
been filed. The animal control officer may provide for the
impoundment of the dog in secure and humane conditions until the
court orders the disposition of the dog.
(c) If the owner fails to deliver the dog as required by Subsection (b), the
court shall order the animal control officer to seize the dog and shall
issue a warrant authorizing the seizure. The animal control officer
shall seize the dog or order its seizure and shall provide for the
impoundment of the dog in secure and humane conditions until the
court orders the disposition of the dog. The owner shall pay any cost
incurred in seizing the dog.
(d) The court shall determine, after notice and hearing as provided in
Section 3-84, whether the dog is a dangerous dog.
(e) The court, after determining that the dog is a dangerous dog, may
orderthe animal control officerto continue to impound the dangerous
dog in secure and humane conditions until the court orders disposition
of the dog under Section 3-81 and the dog is returned to the owner or
destroyed.
(f) The owner shall pay a cost or fee assessed by the city related to the
seizure, acceptance, impoundment, or destruction of the dog.
Sec.3-84. Hearing.
(a) The court, on receiving a report of an incident under Section 3-83 or
on application under Section 3-81, shall set a time for a hearing to
determine whether the dog is a dangerous dog, or whether the owner
has complied with Section 3-81. The hearing must be held not later
than the 10th day after the date on which the dog is seized or
delivered.
(b) The court shall give written notice of the time and place of the hearing
to:
(1) the owner of the dog or the person from whom the dog was
seized; and
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(2) the person who made the complaint.
(c) Any interested party, including the city attorney, is entitled to present
evidence at the hearing.
(d) An owner or person filing the action may appeal the decision of the
municipal court in the manner provided for the appeal of cases from
the municipal court.
Sec.3-85. Registration.
(a) The animal control officer shall annually register a dangerous dog if
the owner:
(1) presents proof of:
a. liability insurance orfinancial responsibility, as required
by Section 3-81;
b. current rabies vaccination of the dangerous dog, where
required by this Chapter; and
c. the secure enclosure in which the dangerous dog will be
kept; and
(2) pays an annual registration fee of $50.
(b) The animal control officer shall provide to the owner registering a
dangerous dog a registration tag. The owner must place the tag on
the dog's collar.
(c) If an owner of a registered dangerous dog sells or moves the dog to
anew address in the City, the owner, not later than the 14th day after
the date of the sale or move, shall notify the animal control officer of
the change. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee of $25, the animal
control officer shall issue a new registration tag.
(d) An ownerof a registered dangerous dog shall notify the animal control
officer of any attacks the dangerous dog makes on people.
Sec. 3-86. Determination made by another jurisdiction.
The owner of a dog that has been determined to be a dangerous dog by a
jurisdiction other than the City of Kennedale shall comply with the
requirements of this Article V as though the other jurisdiction's determination
had been made by the City of Kennedale under this Article.
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Sec. 3-87. Report of an incident or application.
A sworn report of an incident under Section 3-83 or a sworn application
under Section 3-81 shall be considered filed with the municipal court of the
City when it is delivered to the animal control officer. The report or
application must include the following (where applicable):
(1) Name, address, and telephone number of complainant and
other witnesses.
(2) Date, time, and location of any incident involving the dog
forming the basis of the report or application.
(3) Description of the dog.
(4) Name, address, and telephone number of the dog owner, if
known.
(5) A statement of facts upon which such report or application is
based.
(6) A statement addressing whether the dog has exhibited
dangerous propensities in past conduct, if known.
(7) Other relevant facts or circumstances.
Sec.3-88. Notice.
All required notices shall be deposited in the United States Mail and shall be
certified, return receipt requested. When the City mails notice in accordance
with this Section and the United States Postal Service returns the notice as
"refused" or "unclaimed" the validity of the notice is not affected, and the
notice is considered delivered.
Sec. 3-89. Nuisance declared.
It is hereby declared to be a nuisance that an owner or other person harbors,
keeps, or maintains a dangerous dog in the City unless the owner complies
with the requirements of this Article V and all state statutes regulating
dangerous dogs.
Sec. 3-90. Defenses.
(a) It is a defense to prosecution under this Article V that the person is a
veterinarian, a peace officer, a person employed by a recognized
animal shelter, or a person employed by the state or a political
subdivision of the state to deal with stray animals and has temporary
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ownership, custody, or control of the dog in connection with that
position.
(b) It is a defense to prosecution underthis Article V that the person is an
employee of the institutional division of the Texas Department of
Criminal Justice or a law enforcement agency and trains or uses dogs
for law enforcement or corrections purposes.
(c) It is a defense to prosecution under this Article V that the person is a
dog trainer or an employee of a guard dog company under Chapter
1702, Occupations Code.
Sec. 3-91. Violations.
(a) A person who owns or keeps custody or control of a dangerous dog
commits an offense if the person fails to comply with any section of
this Article V.
(b) An offense under this section is punishable by a fine not to exceed
two thousand dollars ($2,000.00).
SECTION 13.
The license fee for dogs, cats, and ferrets, established by the new Section 3-71(d)
of the City Code shall not be collected until one (1) year has passed from the effective date
of this ordinance.
SECTION 14.
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 15.
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 of this ordinance shall be declared unconstitutional
bythe valid judgment ordecree of a court of competent jurisdiction, such unconstitutionality
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shall notaffectthe remaining phrases, clauses, sentences, paragraphs, and sections ofthis
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 16.
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 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 17.
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 Two Thousand Dollars ($2,000.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 18.
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 ofthis ordinance two (2) days as authorized by Section 52.013
of the Local Government Code.
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SECTION 19.
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 13t'' DAY OF SEPTEMBER, 2005.
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