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O-497-3-84I ORDINANCE NO. 497-3-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 78; PROVIDING FOR RABIES CONTROL; REPORTING OF ANIMAL BITES; PROVIDING FOR QUARANTINE; RESTRAINT OF ANIMALS RUNNING AT LARGE; RESTRAINT OF VICIOUS ANIMALS; IMPOUNDMENT OF ANIMALS; PROVIDING FOR FEES; PROHIBITION OF CERTAIN SPECIES OF ANIMALS AND FOWL; AND DESCRIBING PENALTIES FOR VIOLATING SUCH PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. DEFINITIONS. When used in this Ordinance, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: 1.1 OWNER: Any person, firm or corporation who has right of property in an animal or who harbors an animal or allows an animal to remain about his premises for a period of five (5) days. 1.2 HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter or care for a period' of five (5) days. 1.3 DOMESTIC ANIMAL: Shall include all species of animals commonly and universally accepted as being domesticated. 1.4 WILD ANIMAL: Shall include all species of animals which commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of duration of captivity. 1.5 LIVESTOCK: The term "livestock" shall mean all domesticated animals, including but not limited to horses, cows, mules, goats, sheep and pigs. 1.6 LARGE CANINE BREEDS: The term "large canine breeds" shall mean dogs equivalent to or greater than any average size Cocker Spaniel (30 pounds). 1.7 PET ANIMAL: Shall include dogs, cats, rabbits, rodents, birds, reptiles and any other species of animal which is sold or retained as a household pet but shall not include skunks, nonhuman primates and any other species of wild exotic or carnivorous animal that may be further restricted in this law. Ordinance No. 497-3-84 - page 1 1.8 DOG: Shall mean any live or dead dog (canis familiaris). 1.9 CAT: Shall mean any live or dead cat (fells catus). 1.10 VICIOUS ANIMAL: Shall mean any individual animal or any species that has on two occasions attacked or bitten any person or other animal, or any individual animal which the Animal Control Officer has reason to believe has a dangerous disposition, or any species of animal which the Animal Control Officer has reason to believe has a dangerous disposition, or any species of animal which the Animal Control Officer has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. 1.11 STRAY ANIMAL: Any animal for which there is no identifiable owner or harborer. 1.12 PERFORMING ANIMAL EXHIBITION: Any spectacle, display, act or event other than circuses in which performing animals are used. 1.13 CIRCUS: A commercial variety show featuring animal acts for public entertainment. 1.14 COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, auction, riding school or stable, zoological park, circus, recurring animal exhibition or kennel. 1.15 RUNNING AT LARGE: Shall mean not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. An animal within an automobile or other vehicle of its owner shall not be deemed "running at large". 1.16 VACCINATED: Means properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the State of Texas. 1.17 CURRENTLY VACCINATED: Means vaccinated and satisfying the following criteria. (a) The animal must have been at least three (3) months of age at the time of vaccination. (b) At least thirty (30) days have elapsed since the initial vaccination. (c) Not more than twelve (12) months have elapsed since the most recent vaccination. Ordinance No. 497-3-84 - Page 2 1.18 ANIMAL CONTROL OFFICER: A person designated by the City Manger to receive reports of animal bites, investigate bite reports, insure quarantine of possibly rabid animals and otherwise carry out provisions of the Texas law pertaining to control and eradication of rabies and enforce the provisions'of this Ordinance. 1.19 HEALTH OFFICER: "Health officer" shall mean a licensed physician appointed by the City Council to have charge and control of protecting and preserving the public health. SECTION 2. RABIES CONTROL. 2.1 VACCINATIONS: Every owner of a dog or cat three (3) months of age or older shall have such animal vaccinated against rabies. All dogs or cats vaccinated at three months of age or older shall be revaccinated at one (1) year of age and annually thereafter. Any person moving in to the city from a location outside of the city shall comply with 'this Ordinance within ten (10) days after having moved into the city. If the dog or cat has inflicted a bite on any person, or another animal, within the last ten (10) days, the owner of said dog or cat shall report such fact to the veterinarian and no rabies vaccine shall be administered until after the ten (10) day observation period. 2.2 CERTIFICATE OF VACCINATION: Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof a certificate upon a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information: (a) The name, address and telephone number of the owner of the vaccinated dog or cat; (b) The date of vaccination; (c) The year and number of rabies tag; and, (d) The breed, age, color and sex of the vaccinated dog or cat. 2.3 RABIES TAGS: Concurrent with the issuance and delivery of the certificate of vaccination referred to in Subsection 2.2, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated dog or cat 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 and his address. The owner shall cause the collar or harness with the attached metal tag to be worn by his dog or cat at all times. Ordinance No. 497-3-84 - page 3 i 2.4 DUPLICATE TAGS: In the event of loss or destruction of the original tag provided in Subsection 2.3, the owner of the dog or cat shall obtain a duplicate tag. Vaccination certificates (and tags) shall be valid only for the animal for which it was originally issued. 2.5 PROOF: It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this Ordinance. 2.6 HARBORING UNVACCINATED ANIMALS: It shall be unlawful for any person to harbor any dog or cat which has not been vaccinated against rabies, as provided herein, or which cannot be identified as having a current vaccination certificate. 2.7 ANIMALS EXPOSED TO RABIES: Any person having knowledge of the existence of any animal known to have been, or suspected of being, exposed to rabies must immediately report such knowledge to the Animal Control Officer, giving any information which may be required. For any animal known to have been, or suspected of being, exposed to rabies, the following rules must apply: (a) Animals having a current vaccination must be revaccinated immediately and confined at the owner's expense according to the method prescribed by the Animal Control Officer for a period of not less than ninety (90) days. (b) Animals not having a current vaccination should be humanely destroyed. However, if the owner of such an animal elects, he may, at his expense and in a manner prescribed by the Animal Control Officer, confine said animal. Such animal must be vaccinated immediately following exposure and confined for not less than six (6) months. A revaccination shall be done one month prior to release from confinement. SECTION 3. REPORTING HUMAN BITES FROM ANIMALS SUSCEPTIBLE Irn u e ume 3.1 REPORTING ANIMAL BITES. Any person having knowledge of an animal bite to a human will report the incident to the City of Allen Animal Control Officer as Ordinance No. 497-3-84 - Page 4 soon as possible, but not later than twenty-four (24) hours from the time of the incident. 3.2 OWNER RESPONSIBILITY: The owner of the biting animal will place that animal in quarantine as prescribed in Section 4 under the supervision of the Animal Control Officer. 3.3 REPORTING FORMS: The Animal Control Officer will investigate each bite incident, utilizing reporting forms. 3.4 BITE EXCLUSIONS: Human bites from rodents, rabbits, birds, and reptiles are excluded from the reporting requirements of this action. SECTION 4. QUARANTINE PROCEDURES FOR ANIMALS. 4.1 DISPOSITION OF BITING ANIMALS: When a dog or cat which has bitten a human has been identified, the owner will be required to produce the animal for ten (10) days confinement at the owner's expense. Refusal to produce said dog or cat constitutes a violation of this section and each day of such refusal constitutes a separate and individual violation. The ten (10) day observation period will begin on the day of the bite incident. The animal must be placed in the animal control facilities specified for this purpose. However, the owner of the animal may request permission from the Animal Control Officer for home quarantine if the following criteria can be met: (a) Secure facilities must be available at the home of the animal's owner and must be approved by the Animal Control Officer. (b) The animal is currently vaccinated against rabies. (c) The Animal Control Officer or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the Animal Control Officer must be notified by the person having possession of the animal. At the end of the observation period the release from quarantine must be accomplished in writing. (d) If the biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a Texas Department of Health certified laboratory for rabies diagnosis. Ordinance No. 4 9 7- 3- 8 4 - page 5 k 4.2 INTERRUPTION: It shall be unlawful for any person to interrupt the ten (10) day observation period. 4.3 WILD ANIMALS: No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely euthanized in such a manner that the brain shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis. 4.4 AUTHORIZATION FOR QUARANTINE: The health officer, in the event a potential outbreak of rabies is suspected in the dog, cat or other animal population and the danger of the public safety from rabid animals is reasonably imminent, is hereby authorized, and it shall be that person's duty, to issue a quarantine proclamation ordering persons owning, keeping or harboring any dog or cat, to muzzle the same or confine it as herein provided for during such times as may be specified in the quarantine proclamation. All dogs, cats or other animals found at large during the time specified by the health officer in his quarantine proclamation that are not being properly confined or muzzled and under control of an adult person may be destroyed by an officer of the city under procedures established by the health officer. SECTION 5. ANIMAL REGISTRATION. 5.1 REGISTRATION CERTIFICATE: No owner shall have within the Allen city limits any dog or cat four (4) months of age or older unless such dog or cat is currently registered with the City of Allen. A current metal registration certificate issued by animal control, or a veterinarian authorized by animal control to issue the certificate, must be affixed to a collar or harness that must be worn by the dog or cat at all times. No dog or cat shall be registered until proof of vaccination has been made. (a) Application for initial issuance or renewal of each registration must be made by the owner in writing or in person and be accompanied by a fee of Three Dollars ($3.00) unless the cat or dog being registered has been neutered or spayed and proof of such surgical sterilization can be shown to the Animal Control Officer or a veterinarian authorized to issue such registration, then the fee will be One Dollar ($1.00). If the original current registration certificate is lost or destroyed, the owner may obtain a duplicate registration from the Animal Control Officer by paying a fee of One Dollar ($1.00). Ordinance No. 497-3-84 - page 6 (b) Registration certificates shall be renewed annually no later than the initial date of issuance. Certificates for the new period shall constitute a valid registration upon issuance. (c) Registration and/or vaccination certificates (and tags) shall be valid only for the animal for which it was originally issued. (d) If there is a change in ownership of a registered dog or cat, the new owner shall have the registration transferred to his name. There shall be no charge for said transfer. Application for such transfer shall be made to the animal control department in writing or in person. (e) Fee -exempt registrations may be issued for the following: (1) Police or sheriff's department dogs; and, (2) Dogs trained to assist the audio or visually impaired person. Eligibility for fee -exempt registration does not relieve the owner of his responsibility under other provisions of this section. 5.2 REVOCATION OF PERMIT: The Animal Control Officer may refuse to register a cat or dog, or revoke a permit issued to any person who has been convicted in any duly authorized court of jurisdiction in the State of Texas, or resides with any person so convicted of any of the following: (a) Cruelty to animals as defined in the Texas Penal Code, Article 42.11, inhumane treatment or negligence to an animal; and, (b) Conviction of four (4) or more separate and distinct violations of an animal control ordinance of a municipality in the State of Texas within any twelve (12) month period. Any person denied such a registration may appeal the refusal to a committee made up of the Chief of Police or his appointed representative, the City Manager or his appointed representative, and the City Attorney or his appointed representative. This committee shall uphold or overturn the Animal Control Officer's refusal to issue a registration certificate. 5.3 GUARD DOG REGISTRATION: Every person having care, control or custody of any dog which has received guard dog training must register such dog with the Animal Control Officer. Any dog which has received guard dog training may be destroyed when such dog is found running at large. The owners or keepers of guard dogs Ordinance No. 497-3-84 - Page 7 shall be subject to the other provisions of this section. A collar identifying the dog as a guard dog must be worn at all times and the dog must wear a muzzle when out of confinement. I SECTION 6. RUNNING AT LARGE. 6.1 DOGS AND OTHER ANIMALS: It shall be unlawful for any dog or other animal possessed, kept or harbored, other than a cat, to run at large, as is defined in Subsection 1.15 of this Ordinance. 6.2 IMPOUNDMENT: The Animal Control Officer is authorized to impound such animals running at large, other than a cat, and may impound a cat under conditions specified in Section 10 of this Ordinance, or when he has received a complaint that the cat has caused a nuisance or hazard to the health or welfare of humans or animal population. SECTION 7. ANIMAL NUISANCE. 7.1 NOISE: It shall be unlawful to keep any animal which, by causing frequent or prolonged continued barking, crying or noise, disturbs any person of ordinary sensibilities in the vicinity. 7.2 OFFENSIVE ODORS: It shall be unlawful to keep any animal in such a manner as to endanger the public health; to annoy neighbors by the accumulation of animal wastes which causes foul and offensive odors, or are considered to be a hazard to any other animal or human; or by continued presence on the premises of another person. 7.3 ENCLOSURES: All animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person of ordinary sensitivities is prohibited. 7.4 BEES: The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare is prohibited. 7.5 CATS: Persistent laxness in supervision of cats so that their running at large results in disturbance to persons of ordinary sensibilities is prohibited. SECTION 8. PROHIBITED ANIMALS. 8.1 RABBITS AND FOWL: It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings, or Ordinance No. 497-3-84 - page 8 j other fowl under three (3) weeks old, and rabbits under two (2) months old, unless the manner or method of display is first approved by the Animal Control Officer. 8.2 COLORED FOWL AND RABBITS: It shall be unlawful to color, dye, stain or otherwise change the natural color of any chickens, ducklings, other fowl or rabbits, or to possess, for the purpose of sale or to be given away, any of the above-mentioned animals which have been so colored. 8.3 FOWL LIMITATIONS: No person shall keep more than two (2) fowl, such as chickens, ducks, turkeys, geese, pigeons, or guineas, except when the same are kept more than one hundred fifty feet (1501) from any property line. 8.4 WILD ANIMALS: It shall be unlawful to keep any wild animal inside the city except in circuses, performing animal exhibitions, zoological parks, and commercial animal establishments. 8.5 WILD OR VICIOUS ANIMALS AT LARGE: It shall be unlawful to release or allow to run at large any wild or vicious animal. 8.6 ANIMAL LIMITATIONS: It shall be unlawful for any person to keep or harbor more than four (4) domesticated animals of the same species over the age of six (6) months in any residential area within the corporate limits of the city. In no case shall more than two (2) animals of the large canine breeds be kept within any residential area of the city. 8.7 LIVESTOCK: No person shall keep livestock closer than one hundred fifty feet (1501) to any property line adjoining that on which the livestock is kept. 8.8 LIVESTOCK EXCLUSION: Provided, however, that Section 8.7 shall not be applicable to anyone who keeps such animals in an enclosure, which enclosure is at least two (2) acres in area and no part of which is within one hundred feet (1001) of the residence of another; it being the purpose to limit this Ordinance to more populated areas of the city and it shall not be applicable to sparsely populated areas within the corporate limits of the City of Allen; provided, however, that no property in the City of Allen shall be used as a kennel or boarding place for livestock or domesticated animals unless such property is zoned for such use. SECTION 9. VICIOUS ANIMALS. 9.1 VICIOUS ANIMALS AT LARGE: Any vicious animal found running at Ordinance No. 497-3-84 - Page 9 large may be destroyed by any peace officer or Animal Control Officer in the interest of public safety. 9.2 REMOVAL FROM THE CITY OF ALLEN: The Animal Control Officer may order any owner or person having care, control or custody of any vicious animal to take such animal permanently from the city. This animal must be removed immediately following receipt of such an order even if an appeal is initiated. This order may be appealed in writing within ten (10) days to a committee made up of the Chief of Police or his appointed representative, the City Manager or his appointed representative, and the City Attorney or his appointed representative. This committee shall uphold or overturn the Animal Control Officer's request for the removal of the animal. 9.3 IMPOUNDMENT: If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in Subsection 9.1 and 9.2 of this Section, such animal may be impounded and/or destroyed. 9.4 SEARCH WARRANT: The Animal Control Officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city for being vicious has not been so removed. SECTION 10. IMPOUNDMENT PROVISIONS. 10.1 IMPOUND: The following animals may be impounded: (a) Cats and dogs not exhibiting evidence of being vaccinated as described in Section 2 or registered as described in Section 5. (b) Any animal infected or kept under conditions which could endanger the public or animal health. (c) Any animal that creates a nuisance, as defined in Section 7. (d) Any animal running at large as stipulated in Section 6. (e) Any animal treated in a manner determined by the Animal Control Officer to be cruel or inhumane. (f) Any animal that has bitten a human being or needs to be placed under observation for rabies determination, as determined by the Animal Control Officer. (g) Any animal violating any provisions of this Ordinance. 10.2 COMPLAINANT: If any of the animals named in this Ordinance are Ordinance No. 497-3-84 - Page 10 found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify the Animal Control Officer to come and impound such animal. When so notified, it shall be the duty of the Animal Control Officer to have such animal impounded as herein provided. 10.3 LOCATING OWNER: Reasonable effort shall be made by the Animal Control Officer to contact the owner of any animal impounded which is wearing a current vaccination tag; however, final responsibility for locating an impounded animal is that of the owner. 10.4 ANIMAL REDEMPTION: The owner can resume possession of any 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 and registration provisions of this Ordinance, except where prohibited in Subsection 10.5 and 10.6 of this Section. 10.5 DISPOSITION OF ANIMALS TREATED INHUMANELY: Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction. 10.6 RELEASE FROM QUARANTINE: If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine. 10.7 LOCATION OF IMPOUNDMENT: The City Manager shall select .and establish a place for impounding all animals impounded under any provisions of this Ordinance. 10.8 EUTHANIZATION: Any animal, except vicious or wild animals, not reclaimed by the owner may be humanely euthanized after being impounded for five (5) days, except that any animal wearing a current registration tag shall be impounded for seven (7) days. 10.9 DISPOSAL OF WILD ANIMALS: Any impounded vicious or wild animal, unless there is a reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the Animal Control Officer. 10.10 BABY ANIMALS: Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide nutritious meal may be Ordinance No. 497-3-84 - page 11 immediately euthanized to prevent further suffering. 10.11 OWNER RELINQUISHING RESPONSIBILITY: An owner who no longer wishes responsibility for an animal or believes the animal to be in an ill or injured condition, may sign a written waiver supplied by the Animal Control Officer allowing the animal to be immediately euthanized in a humane manner. 10.12 INJURED ANIMALS: Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a non-profit humane organization for the purpose of veterinary medical care, as determined by the Animal Control Officer. SECTION 11. IMPOUNDMENT FEES. First Impoundment Second Impoundment Third Impoundment Fourth Impoundment In 12 Months In 12 Months In 12 Months In 12 Months $15.00 $20.00 $25.00 $30.00 11.2 HANDLING FEE FOR IMPOUNDED ANIMALS: A daily handling fee of $3.00 shall be charged for every day or fraction thereof that an animal is at the animal shelter in addition to the impoundment fee. 11.3 HANDLING FEE FOR QUARANTINE ANIMALS: The owner of any cat or dog held in quarantine for observation purposes shall be charged $5.00 for every day or fraction of a day an animal is quarantined. This is in addition to any impoundment fee. SECTION 12. ENFORCEMENT PROVISIONS. 12.1 ENFORCEMENT: Enforcement of this Ordinance shall be the responsibility of the Animal Control Officer as appointed by the City Manager of the City of Allen. 12.2 CITATIONS: The Chief of Police or the Animal Control Officer shall have the authority to issue citations for any violation of this Ordinance. 12.3 ISSUANCE OF CITATIONS: If the person being cited is not present, the Chief of Police or the Animal Control Officer may send the citation to the alleged offender by registered or certified mail. 12.4 ENFORCEMENT INTERFERENCE: It shall be unlawful for any person to interfere with the Chief of Police or the Animal Control Officer in the performance of duties. Ordinance No. 497-3-84 - Page 12 12.5 EXCEPTIONS: It is not the intention of this Ordinance to regulate performing animal exhibitors, zoological parks, or commercial animal establishments that may be dealt with by separate ordinance. SECTION 13. - PENALTY. It shall be unlawful for any person, organization, association or corporation to violate any of the provisions of this Ordinance. Any person, organization, association or corporation violating the provisions of this Ordinance shall, upon conviction, be fined not less than Ten Dollars ($10.00) nor more than One Thousand Dollars ($1,000.00). SECTION 14. SAVINGS CLAUSE. It is hereby declared to be the intention of the City Council of the City of Allen that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable; and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 15. That this Ordinance hereby repeals Ordinance No. 78 in its entirety. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 15th DAY OF March , 1984. APPROVED: i M. B. Pierson, Mayor ATTEST: Marty Hendrix, qity Secretary APPROVED AS TO FORM: o wder, City Attorney Ordinance No. 497-3-84 - Page 13 i AFFIDAVIT AND PROOF OF PUBLICATION i' THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared 4AKW WX DUE= who having by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less quently than once a week, having a general circulation in said county, and having been published regularly and tinuously for more than twelve months prior to publishing -_ Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 2/13/84 and which was issued on 2/13/84 , by City of Allen of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 7th Publisher's Fee $ y� of March , A.D. 19 8 4 Notary Public in and for Collin County, Texas Dianne Kerr " commission Expires 10/14'/87 CITY OF ALLEN NOTICE OF . PUBLIC HEARING Notice is hereby given that the Allen City Coun- cil will conduct a public hearing at their regular meeting on ._Thursday; March .1; �1984,� at. 7:30 p.m.,' in the Council Chambers bf the Allen Municipal- Annex, One Butler Circle, Allen, Texas, to consider a re- quest, for rezoning_ from MF -1; to PD (Planned Development)i and, . Site Plan Approval, as re- quested by PAWA Winkelman, represen- tative for Future One Development Corpora- tion. The request is - to rezone 13.8 acres of land ,out of the David Wetsel Survey, AbstractNo. 977, located east of Jupiter Road, and north and west -of the Hillside Village Subdivision, from the present zoning ofI Multi -Family -1 to Plann- ed Development for Multi -Family 'use and Site Plan Approval. Anyone wishing to speak either. -for or against this requbst is in- vited"7 b;.4.aiteind'-this -public 1'i8aring and voice their opinion.. { If -further intormation is needed,.call the Allen, Municipal --Annex, Department. of Com- munity Development, at 727-9171 or <424-7518 (Metro) and refer to Zon= ing Case No. Z10=7-83-45. Marty Hendrix City Secretary (Published 'in • the Allen American on Monday, Feb. 13, 1984.) t AFFIDAVIT AND PROOF OF PUBLICATION E STATE OF TEXAS UNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared X)AKWWX) who having been me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a new published in Collin County, Texas, not less fre- iently than once a week, having a general circulation in said county, and having been published regularly and con mously for more than twelve months prior to publishing Ordinance #495-3-84 497-3-84 j which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on /19/ 4 d which was issued on March 19, 1984 , by City o f Collin County, Texas. A printed copy of said publication is attached heret D AND SWORN to before me this Publisher's Fee $ 02 6 • 'SSD xa t;CITY OF ALLEN 0' PUBLIC NOTICE Notice is hereby given that theJ61lowing or- dinances,were adopted by the.Allen City Council in their regular session held'on Thursday, -March 15;,,1984,,,.,(TitleS ,and Penalty Clause§ Only). - 0 r d I ria n c 9 nly).—Ordinance No. 495.3.84: An Ordinance of the City .of Allen, Col. lin County, Amending Comprehensive +Zoning Ordiaance No. 366.10-81, as Previously, Amended, so'' as to Change the Following -Described Tract -,of Lane, from "MF -1" (Multi=Farriily) Classification' -to -"PD" (Planned' Development) No. 19, Said Tract of Land Being Described as Follows: Approximately 13.6 Acres of Land Lying in the David Wetsel Survey,oAbstract No. 977, Collin County, Texas; Providing for a Site Plan Providing'for a Penalty of Fine Not to Exceed the Sum of r;Two Hundred Dollars ('($200.00) for Each Offense; Providing for a Severability Clause; . and Providing for the-Ef-, fective Date of Said Or- dinance. ' That any person, firm or corporation •violating any of the provisions or terms of this ordinance shall be subject to the same. penalty as provid- ed for in Comprehensive Zoning- ,Ordinance No. 366-10-81, as previously amended, and upon con= viction shall be punished by a fine not to exceed the 'sum of Two Hundred Dollars ($200.00) for,each offense. Ordinance No. 497.3.84: An Ordinance of the City of Allen, Col- lin ,County, Texas, Repealing Ordinance No., 78; Providing for Rabies Control;: Reporting of Animal ,Bites; Providing for Quarantine; Restraint of Animals +Running at Large -;Restraint of Vicious Animals; Im- poundment .of 'Animals; Providingifor Fees; Pro- hibition,: of � Certain Species of Animals and Fowl; and Describing Penalties for Violating It shall be unlawful for any person, organiza- tion, association orcor- pofation`to'violate any of the provisions of this Or, dinance.,..•Any.- person, organization,, associa- tion' or"coporation violating the -provisions of this Ordinance shall, upon conviction„be fin- ed not less "than Ten Dollars ($10.00)• nor more than- OnwjTho"usand Dollars ($1,000.00). Copies of theseior- dinances are available for review or,purchase in the Office of the City Secretary, One Butler Circle, Allen, Texas, Marty Hendrix City Secretary (Published In the Allen American on Monday, rMarch 19, 1984 and Thursday, March 22, 1984.) - of April , A.D. 19 84 Notary Public in and for Collin County'' Dianne Kerr Commission Expires 10/14/87 CITY OF ALLEN PUBLIC NOTICE Notice Is hereby given that 4the ' following;'or-' dinancesiwere adopted by the'Atlen City Council in their fr(i ularesslon held oniThursday, March 15, 1984 (Title6'Tarid Penalty Clauses Only). Ordinance No. 495.3.84: ,An Ordinance of the City of Allen, Col- lin County, Amending Comprehensive Zoning Ordinance No. 366-10.81, as Previously 'Amended, so as to Change the Following -Described Tract of . Lane from "MF -1” (Multi-Famlly) Classification -.to "PD" (PlannedDevelopment) No. -19, ._Said`Tract of Land Being Described as Follows- Approximately 13.6 Acres of Land Lying in the David Wetsel. Survey', Abstract No. 977, Collin County, Texas; Providing fora Site Plan;' Providing fora Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.001 for Each Offense; 1-,,,..�ing; for a Severability Clause; and Providing for the Ef- fective Date of -Said Or- dinance. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to .the same penalty as provid- ed for in Comprehensive Zoning Ordinance. No. 366-10-81, as previously amended, and upon con- viction shall be punished by a fine not- to exceed the sum of Two Hundred Dollars ($200.00) for each offense. Ordinance No. 497.384:' Ari Ordinance of the.City of Allen, Col- lin County, Texas, .Repealing Ordinance No.' 78; Providing for Rabies Control; Reporting of Animal Bites; Providing -For Quarantine; Restraint of Animals Running at Large; Restraint► of Viciou0Animals; lm- pountlment of V Animals; Providing' forlFee7flPro- 'hibitlon� 60kCert'ain Species,,off Apimalstand FoWI:1.*and*DagcrihIn0 any - __person, ;.: organiza. tion, association or cor- poration totviolate any of the provisions of this Or - Any .person, organization, associa- tion or , corporation violating the provisions of this Ordinance shall, upon convictidn, be fin-' ed not less than Ten Dollars ($10.00) nor more than One "'Thousand Dollars ($1,000.00). Copies of these or- dinances are available for review'or purchase in the Office of- the City Secretary, One Butler ,Circle, Allen, Texas. ;'Marty Hendrix yCitj.Sedret&y (Published In the Allen American on . Monday, March w,19,. 1984 "and, Thursday, -'March 22, 1984.1