Ordinance No. 1,640ORDINANCE NO.1640
AN ORDINANCE AMENDING THECODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS,BY THE AMENDMENT OF CHAPTER 5,"ANIMALS,"BY AMENDING SECTIONS
5-1,5-2,5-3,AND 5-4 TO PROVIDE A DEFINITION FOR AN ANIMAL RUNNING
AT LARGE;PRESCRIBING A MINIMUM PENALTY OF TWENTY-FIVE AND NO/100
($25.00)DOLLARS FORAN ANIMAL RUNNING AT LARGE;AND PROVIDING FOR
ADDITIONAL POUNDAGE AND BOARDING FEES;REPEALING ORDINANCES INCON
SISTENT HEREWITH;PROVIDING A SAVINGSCLAUSE;AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the Code of Ordinances of the City of Baytown,Texas,
is hereby amended by amending Chapter 5,"Animals,"by repealing the provisions
of the definition "At large"in Section 5-1 as presently constituted and sub
stituting in its place the provisions of a new definition "Run at large"which
shall read as follows,towit:
Section 5-1.Definitions.
Run at large.Whenever an animal is outof the immediate control of the
personhaving charge of it,so as not to be restrained by a leash,chain,
rope or other lead,or not otherwise contained within a pen,fence,or
other structure with sufficient strength,size,and structure to control
such animal.
Section 2:That the Code of Ordinances of the City ofBaytown,Texas,
is hereby amended by amending Chapter 5,"Animals,"by repealing the provisions
of Section 5-2 as presently constituted and substituting in its place thepro
visions of a new Section 5-2 which shall read as follows,to wit:
Section 5-2.Running at large prohibited.
(a)A person commits an offense ifhe allows or permits an animal owned
or possessed by him,other than a cat,to run at large.
(b)A culpable mental state is not required asan element of this offense,
(c)It is an affirmative defense to prosecution if the animal was running
at large due to the act of some person other than the owner of theanimal or
an occupant of the premises where such animal is possessed or due to some
factor not reasonably foreseeable by the owner or person having possession
of said animal.
(d)An offense under this section is punishable by a fine not less than
Twenty-Five ($25.00)Dollars andnot to exceedTwo Hundred ($200.00)Dollars.
Each day theanimal runs at large shall constitute a separate offense.
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Section 3:That the Code of Ordinances of the City of Baytown,Texas,
is hereby amended by amending Chapter 5,"Animals,"by amendment ofSection 5-3
thereof,which shall read as follows,to wit:
Section 5-3.Poundage and boarding fees.
The following shallbe the fees charged as poundage and boarding for the
impoundment of animals as hereinprovided:
(1)For taking up and impounding per head $20.00
(2)For the boarding of animals,per head,per day:
a.Household pets,such as dogs,cats and
other small animals $3.00
b.L i vestoek $5.00
Section 4:That the Code ofOrdinancesof the City of Baytown,Texas,
is hereby amended by amending Chapter 5,"Animals,"by repealing the provisions
of the first paragraph of Section 5-4 as presently constituted and substituting
in its place the provisions of a new paragraph which shall read as follow,towit:
Section 5-4.Redemption.
The owner of any animal impounded under the provisions of this chapter
may redeem such animal by paying the poundage and boarding fees,together
with the cost of advertising,if any.
Section 5:Repealing Clause: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 bythis ordinance.
Section 6:Savings Clause:If any provision,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 ofthis 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.
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Section 7:Effective Date: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 at leasttwice
within ten days after the passage of this ordinance.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the City of Baytown,Texas,this 22nd day of August ,1974.
TOM GENTRY,MayoY
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL RLCHARDSON,City Attorney
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