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Ordinance No. 690r ORDINANCE NO. 690 AN ORDINANCE FOR THE PROMOTION OF PUBLIC HEALTH AND GENERAL WELFARE BY PROHIBITING THE OWNING, NAIN- TAINING, USING, KEEPING OR HAVING IN POSSESSION CER- TAIN ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN EXCEPT UNDER CERTAIN CONDITIONS; DEFINING CERTAIN TERMS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY AND THE EFFECTIVE DATE THEREOF, WHEREAS, this Council does now determine that it is necessary in the interest of Public Health and Welfare to regulate the keeping of certain animals within the City Limits of the City of Baytown; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That it is and shall be unlawful for any person, firm or corpora- tion to keep, own, maintain, use or have in his possession certain animals within the corporate limits of the City of Baytown; except, that under certain conditions here- inafter set forth, such animals may be kept as hereinafter provided. This ordinance shall not apply to household pets living in the confines of owners' residence, nor the keeping of dogs as set out in Ordinance No. 338, which ordinance shall remain in full force and effect. Section 2: PractLc_es to be Observe in the Keeping f Certain JAnimals under this Ordinance: Every keeper shall observe the following: (a) Every keeper of any of said animals shall confine the same in an enclosure sufficient to prevent their running at large and such en- closure shall be maintained in a clean and sanitary condition at all times. (b) Every keeper of any animal shall cause all food provided therefor to be stored and kept in a manner so that flies and rats are not attracted to the premises. (c) The premises shall be subject to inspection by the City Sanitarian or any of his subordinates at any reasonable hour of the day. Section 3: This ordinance does not apply to keeping animals in medical labora- tories and/or educational institutions for medical research, or in veterinarian hos- pitals for treatment, they shall be kept under the same conditions prescribed by the City Sanitarian for such limited purposes without the necessity of compliance with-the requirements herein set forth. Section 4: Any of said animals running at large in the City of Baytown shall be taken up by the Humane Officer and impounded in a place provided for that purpose, and if such animal is not called for by the owner within thirty (30) days after the same has been impounded, the same shall be sold at public auction for cash, first giving five days' notice of the time, terms and place of sale, in a newspaper of gen- eral circulation published in this city, describing the animal impounded, and all fees collected under this ordinance shall be remitted to the General Fund of the City of Baytown. Section 5: The owner of any animal impounded as provided for in Section 4 may redeem the same as follows: (1) Before Sold: By paying the following fees, together with costs of adver- tising, if any: (a) Upon the payment of an impound fee of the sum of Ten ($10.00) Dol- lars per animal plus Three ($3.00) Dollars for each day such animal remains in the pound or in the custody of the impounding officer. (2) After Sold: By paying to the purchaser double the amount bid by him for each animal, and his reasonable expenses for keeping same; provided, that the owner redeems such animal within thirty (30) days after the date of the sale, otherwise the animal becomes the absolute property of the purchaser. Section b: If at the time of the sale no purchaser can be found for any of the animals impounded under the provisions of the preceding sections, the City Sani- tarian shall cause such animals to be killed, and shall deposit the carcasses in such place as may be designated for such matter. Section 7: It shall be the duty of the City Sanitarian or his designated re- presentative to enforce all health and sanitary provisions contained in this ordin- ance. Section : Fe ealin Clause: All ordinances or parts of ordinances incon- sistent with or in conflict with the provisions of this ordinance shall be and the same are hereby repealed. Section 4: SaVin s Clause: In the event any section, sub- section, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconsti- tutional, such adjudication shall in no means affect any other section, sub - section, sentence, clause or phrase of this ordinance, but all the rest thereof shall remain in full force and effect as though the section, sub - section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. Section 10: misdemeanor For Violation of Provisions: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than Ten ($10.00) Dollars, nor more than Two Hundred ($200.00) Dollars. Each and every violation of the provisions of this ordinance shall constitute a separate offense, and each and every day shall consti- tute a separate violation. Section 11: Effective Date: This ordinance shall take effect from and after forty -five (45) 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 pub- lished in the official newspaper of the City of Baytown at least twice within two week intervals after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, on this the 11th day of July, 1963. ATTEST- Edna Oliver, City Clerk APPROVED: Georg Chandler, City Attorney C. L. (Lee) Liggett, M.D., Mayor