G-07-11-20-10C1 - 11/20/2007 ORDINANCE NO.Cl-01'I['20- (00/1
AN ORDINANCE AMENDING CHAPTER 21 SECTION 2.1401,
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, PROVIDING A DEFENSE TO PROSECUTION UNDER
THAT SECTION; AND PROVIDING FOR A SAVINGS CLAUSE
AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 2, Section 2 . 1401, Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended to read as
follows :
SECTION 2.1400 RESTRAINT AND CONFINEMENT - GENERALLY
2.1401 RESTRAINT OF ANIMALS
(1) It shall be unlawful for any animal to be at large. An owner of an animal found to be at
large shall be responsible for the offense and no culpable mental state is required.
(2) It shall be an affirmative defense to prosecution under Subsection (1) that the animal
was a feral cat participating in a trap, neuter, and return program approved by the city.
"Feral cat" means any homeless, wild, or untamed cat.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at
which this Ordinance was adopted was posted and that such meeting
was open to the public as required by law at all times during
0:\wdox\ORDINANC\071120C1.WPD/ps
which this Ordinance and the subject matter hereof were
discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
Alternative 1 .
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of 2007 .
Alternative 2 .
READ and APPROVED on first reading this the day of
2007 .
READ, APPROVED and ADOPTED on second reading this the
day of 2007 .
NYL LL, yor
Ci y or ound Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
2
DATE: November 14, 2007
SUBJECT: City Council Meeting - November 20, 2007
ITEM: 10C1. Consider an ordinance amending Sec.2.1400, Code of Ordinances, to
provide an affirmative defense to prosecution for allowing a cat to run at
large for participants in an approve trap, neuter and return program.
(First Reading)
Deuartment: Police
Staff Person: Bryan Williams, Chief of Police
Steve Sheets, City Attorney
Justification:
Chapter 2, Section 2.1401, Restraint of Animals, of the City Code of Ordinances makes it unlawful
for the owner of any animal to be at large within the city limits. The proposed change to this
ordinance would provide a defense to prosecution if the animal is a feral cat - i.e., any homeless,
wild or untamed cat - participating in a trap, neuter, and return program approved by the city.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A