Ordinance No. 13,059ORDINANCE NO. 13, 059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN GENERAL," SECTION 14-
8 "CERTAIN ANIMALS RESTRICTED" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO PERMIT SWINE WITHIN THE CORPORATE LIMITS OF
THE CITY UNDER LIMITED CONDITIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 14 "Animals," Article I "In General," Section 14 -8 "Certain
animals restricted" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 14. ANIMALS
ARTICLE I. IN GENERAL
Sec. 14 -8. - Certain animals restricted.
(a) Offense. Under this chapter, it shall be unlawful for any person to intentionally or knowingly
keep or maintain the following within the city limits:
(b)
(1) One or more hogs, swine or pigs;
(2) Livestock, rabbits or fowl within 100 feet of a private residence the person has no right
to occupy;
(3) Livestock or fowl within 300 feet of a church, school, hospital or public place where
food is sold or consumed;
(4) Any animal within a public place where food is sold or consumed, except assistance
dogs which are permitted in such places under state law;
(5) Any wild animal; or
(6) Bees or beehives within 300 feet of a private residence the person has no right to
occupy, a church, school, a day care, a nursing home, a hospital, a park or a public
place.
Defense. It shall be affirmative defense to prosecution under subsection (a)(1) of this section if
such hog, swine or pig was possessed for the purpose of sale within 24 hours.
(c) Exceptions. Subsection (a) shall not apply to:
(1) An animal or its habitat that is part of an exhibit or project, which is operated or
conducted solely for educational purposes and maintained by a governmental entity;
(2) Zoological parks, performing animal exhibitions, or circuses;
(3) An injured, infirmed, orphaned or abandoned dangerous wild animal while being
rehabilitated, treated or cared for by a licensed veterinarian, an incorporated humane
society or animal shelter, or a person who holds a rehabilitation permit issued under
V.T.C.A., Parks and Wildlife Code subch. C, ch. 43; or
(4) Fairgrounds consisting of fifteen (15) acres or more, owned by a non - profit
corporation, and operated for educational events lasting no more than seven (7)
consecutive days.
Section 2: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 4: If any provisions, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown east twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote t e City Council of the City of
Baytown, this the 10`" day of December, 2015. \, /J
APPROVED AS TO FORM:
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'9NACIO RAMIREZ, SR., Ci tomey
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