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Ordinance No. 696ORDINANCE NO. `/ [% AN ORDINANCE FOR THE PROMOTION OF PUBLIC HEALTH AND GENERAL WELFARE BY REGULATING AND PRESCRIBING THE CONDITIONS UNDER WHICH FOWLS MAY BE KEPT WITHIN THE CITY OF BAYTOWN; DEFINING CERTAIN TERMS; PEOHIBITING FOWLS FROM RUNNING AT LARGE; REQUIRING THAT SUCH FOWLS BE KEPT IN A PROPER ENCLOSURE OR PEN; PRESCRIBING THAT SUCH FOWLS BE KEPT UNDER SANITARY CONDITIONS; PRESCRIB- ING THAT FEED AND STOPAGE BINS FOR SUCH FOWLS SHALL BE KEPT IN A SANITARY MANNVER; REPEALING ORDINANCES INCON- SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVID- ING A PENALTY AND TF-fE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown, after careful study and r.onsideration, is of the opinion that it is necessary in the interest of public health and welfare to regulate the keeping of fowls within the City limits of the City of Baytown; and WFER711S, the City Council of the City of Baytown, after hnving heal °d full testimony from the City Health Department to the effect that the raising of fowls within the City has created and is creating an insanitary condition conducive to communicable diseases, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Definition of Terms Used in this Ordinance: a. FOIALS . The term "fowls" as herein used shall include the singular and the use of the singular shall include the plural, and shall mean any member of the bird family, i.e, chickens, turkeys, guineas, geese, ducks, pea -- fowls, pheasants, partridges, etc. or any other bird or fowl, except parakeets, canaries or similar size birds living in the confines of the owners' residence. b. PERSON' : The word "person" as herein used shall include both the singu- lar at,d the plural, and shall mean and include any person, individual, firm., partnership, association, corporation, club, society, co-- operative trust, or political subdivision. Section 2: Rz}nning at Large: It shall be unlawful for any person raising or keeping any fowls to permit any such fowls to run at large upon the public streets, avenues or alleys of the City of Baytown, or to wilfully permit such focal& to run at large upon the premises owned or in possession of or under the control of any other person in the City of Baytown. Section 3: Enclosure Required: It shall be the duty of every person rais- ing, keeping or harboring any fowls, whether owned by such person or under the con- trol of such person, to keep the same in a suitable enclosure, so constructed as to prevent any such fowls from running at large upon the public streets, avenues and alleys of the City of Baytown, or on the premises of any person residing adja- cent to the place or premises where such fowls are being raised or kept. Section d: Sanitary Condition of Enclosure: It shall be the duty of every person raising or harboring any such fowls to keep the enclosure hereinabove re- (erred to in a sanitary condition, so that same shall not at any time become in- sanitary or offensive to adjacent neighbors or to the public. Section 5: Sanitar condition of Feed and Stora a Bins: It shall be the duty of every person raising or keeping any such fowls to cause all food provided therefor to be stored and kept in a sanitary manner. Section b: Sub'ect to Ins ection: The premises and storage facilities of every owner shall be subject to inspection at any reasonable hour of the day by the City Sanitarian or any of his subordinates. Section 7: Repealing 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 B: Savings Clause: In the event any section, sub - section, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or uncon- stitutional, 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 origin- ally a part thereof. Section 9: 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 constitute a separate violation. Section 10: Effective Date: This ordinance shall take effect from and after 4r? 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 at least twice within _,Z C? days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this the�day of 1963. C. L. (Lee) Liggett, M.U. , %,ayor ATTES i Edna Oliver, City Clerk APPROVED: Geode Chandler, City Attorney .___