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HomeMy WebLinkAboutORD 2009-13 - Excessive Noise from AnimalsAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, REPEALING SECTION 7.05.140 OF THE CODE OF ORDINANCES RELATING TO DANGEROUS DOGS, "EXCESSIVE NOISE" AND AMENDING SECTION 7.04.140 RELATING TO ANIMAL NUISANCES, "EXCESSIVE NOISE" TO CLARIFY THE COMPLAINT PROCESS; REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Georgetown Code of Ordinances provides two separate sections prohibiting excessive noise from animals; and WHEREAS, the City Council finds that repealing section 7.05.140 is in the best interest of the City of Georgetown; and WHEREAS, the City Council also finds that the process for filing comp laints regarding excessive animal noise should be clarified to assist citizens with the process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part thereof, as if copied verbatim. SECTION 2. Section 7.05.140 of the Georgetown Code of Ordinances (pertaining to "Excessive noise") is hereby repealed in its entirety. SECTION 3. Section 7.04.140, "Excessive Noise," of the Code of Ordinances is hereby amended to provide as follows: A. Any person who shall harbor or keep on his premises, or in or about his premises under his control, any animal which by loud, continual or unusual noise of any kind which shall cause the peace and quiet of the neighborhood or the occupant or adjacent premises shall be guilty of a Class "C" misdemeanor and a separate offense shall be deemed committed upon each day during or on which such violation occurs or continues. B. A person who is disturbed by excessive animal noise ma complaint in Municipal Court. 1. Applications for complaint filed by a person who has been disturbed by excessive animal noise must be made in writing and must include the ORDINANCE NO. Repealing Section 7 Pertaining to Excessive Animal Noise file an application for Section 7.04.140 2. following information: 1. the name of the'verson who owns the animal makinj4 the alleged noise r` S if known, or, if the name is unknown; a reasonably definite description of the animal owner; 11. a descriintion of the animal noise and peace and quiet of the person makin; 111. the date of the alleged animal noise; how the noise is disturbing the the complaint; iv. the known or an-oroximate location of the source of the animal noise; and V. the sl, The City mature of t shall provid he person making the application for complaint. e application for complaint forms for use by persons wishing to file applications for complaint under this Section. In addition, the City's Animal Services department will, upon request, aid a person in filling out and filing an application for complaint form for excessive animal noise. However, all application for complaint forms must be signed by the person who has personal knowledge of the facts contained in the application for complaint. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas. LO'ASSED AND APPROVED on First Reading on the rA 11• PASSED APPROVED on Second Reading on the 2009. ATTEST: i Secret ORDINANCE NO. C[ EXP74W Repealing Section 7.05.140 and Amending Section 7.04.140 Pertaining to Excessive Animal Noise day of U, day of THE CITY OF GEORGETOWN. By: Geo ge G. Garver Mayor Patricia E. Carls, City Attorney ORDINANCE NO. 0 04061'a Repealing Section 7.05.140 and Amending Section 7.04.140 Pertaining to Excessive Animal Noise