21-010S:\Legal\Our Documents\Ordinances\21\Nunc Pro Tune Ordinance With Exhibit A.Docx
ORDINANCE NO.21-010
AN ORDINANCE OF THE CITY OF DENTON, NUNC PRO TUNC , CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 20-2235; PROVIDING FOR A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, November 10, 2020, the City Council adopted Ordinance No. 20-2235,
amending the provisions of Section 6-8 of the Code of Ordinances regarding restraining animals
and tethering animals; and
WHEREAS, City Staff discovered an inadvertent mistake in the signed pdf version of
Ordinance 20-2235 because page two of an earlier draft of the ordinance was included rather than
the correct version of page two, which resulted in an ordinance that did not accurately reflect what
the City Council intended to approve; and
WHEREAS, City Staff requests that the inadvertent mistake be revised to correctly reflect
the intention of the City Council in Ordinance No. 20-2235 on November 10, 2020;
WHEREAS, Ordinance No. 20-2235 with the correct version of page two is attached
as Exhibit A and it reflects the intention of the City Council; and
WHEREAS, the City Council has the inherent power to retroactively correct such
mistakes to accurately reflect is official actions; and
WHEREAS, the City Council finds that said corrections are in the best interest of
the citizens of the City of Denton and should be adopted as stated herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and found to be true.
SECTION 2. Ordinance No. 20-2235 is hereby amended to incorporate the correct
version of page two of the ordinance.
SECTION 3. All other provisions of Ordinance No. 20-2235 not specifically amended
or deleted herein shall continue in full force and effect from the date of original passage on
November 10, 2020.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
seconderJy%&Ps: :dinance was m qe\Nthe following vote L - A :
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Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED thi, th, 6 Th d,y ,f Tc'ooKcq , 2021.
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ATTEST:
ROSA RIOS, CITY SECRETARY n\\III II IIII/
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111111\APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
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(d) it shall be unlawfUI for any person who is in control, custody, or caring for any
animal to leave the animal restrained by a leash, attended or unattended, in any manner
that allows the animal to enter the private property of another without the effective
consent of the owner.
(e) Subsections (a) through (d) do not apply to police canines
(f) it shall be unlawfUI to attach a collar or harness to a domestic animal that chokes,
pinches or harms the animal.
(g) it shall be unlawful for any animal to be attached to a chain or tether that weighs
ten percent or more of the animal’s body weight.
(h) it shall be unlawfUI to tether any animal in the open bed of a pickup style vehicle
that is open to the elements, unless the vehicle is a livestock trailer designed for the
purpose of transporting livestock.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof
by the preceding text shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect
and such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a misdemeanor and fined a sum of not more than five hundred dollars ($500.00)
for each violation. Each day that a provision of this Ordinance is violated shall constitute a separate
and distinct offense.