HomeMy WebLinkAbout2021-4266 - Ordinance - 05/27/2021ORDINANCE NO. 2021-4266
AN ORDINANCE AMENDING CHAPTER 6, “ANIMALS,” ARTICLE I, “IN
GENERAL,” SECTION 6-1 “DEFINITIONS” AND SECTION 6-12, “SALE OF
ANIMALS” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO THE SALE OF
ANIMALS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 6, “Animals,” Article 1, “In General,” Section 6-1 “Definitions” and
Section 6-12, “Sale of Animals” of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a
part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2021-4266 Page 2 of 3
PASSED, ADOPTED and APPROVED this 27th day of May, 2021.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2021-4266 Page 3 of 3
EXHIBIT A
That Chapter 6, “Animals,” Article 1, “In General,” Section 6-1 “Definitions” of the Code of
Ordinances of the City of College Station, Texas, is hereby amended by adding and is to read as
follows:
Sec. 6-1 - Definitions
Animal Rescue Organization means a non-profit organization incorporated under the laws of any
state, exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code,
as amended, and whose principal purposes include preventing animal cruelty, rescuing sick,
injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and
adopting animals to responsible persons. This term does not include any organization breeding
animals, located on the site of an animal breeder, has employees working for an animal breeder,
receives other forms of payment that are not monetary, or facilitates the sale of animals obtained
from an animal breeder.
Pet Shop or Store means a brick-and-mortar retail store where animals are kept, sold, or offered
for sale on premises. This term includes any owner, operator, agent, or employee. An animal rescue
organization or animal shelter is not a pet shop or store.
That Chapter 6, “Animals,” Article 1, “In General,” Section 6-12, “Sale of Animals” of the Code
of Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
Sec. 6-12 – Sale of Animals
a. Pet Shop or Store. A pet shop or store shall not sell lease, offer for sale, trade, give away
or otherwise transfer a dog or cat, unless the animal was obtained from a city or county
animal shelter or an animal rescue organization.
1. The pet shop or store must post on the enclosure for each dog or cat offered for sale
the name, address, and contact information of the animal shelter or animal rescue
organization from which the animal was obtained.
2. The pet shop or store must retain for at least three (3) years after a sale of a dog or
cat, documentation stating where the animal was obtained and amount paid for the
animal.
b. Outdoor Sales. Except as may be allowed pursuant to other applicable law, the outdoor
sale of animals is prohibited.