Ordinance No. 2,5667 8
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ORDINANCE NO. 2566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 5, "ANIMALS," AS PRESENTLY
CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER
5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION
THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFEC-
TIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the Code of Ordinances of the City of
Baytown is hereby amended by repealing the provisions of
Chapter 5, "Animals," as they presently exist and the same
shall cease to have force and effect from and after the
effective date of this ordinance.
Section 2: That the Code of Ordinances of the City of
Baytown is hereby amended by the addition of a new Chapter
5, "Animals," which shall read as follows, to wit:
Chapter 5
ANIMALS
Sec. 5 -1. Definitions.
The following terms shall have the meaning as set out
below when used in this chapter:
Animal. Any living creature other than man.
Fowl. Any bird, domestic or wild.
Livestock. Any grazing animal including, but not limited
to, cattle, horses, mules, asses, burros, sheep, and goats.
Run at large. Whenever an animal is not under actual
physical restraint by means of a pen, fence or other struc-
ture or a leash, chain, rope or other lead.
Subject to capture. Any animal, except cats, observed
running at large, or any animal reasonably believed to have
bitten, clawed or scratched some person.
Sec. 5 -2. Running at large prohibited.
(a) A person commits an offense if he allows or permits an
animal owned or possessed by him, other than a cat, to run
at large.
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(b) A culpable mental state is not required as an 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 the animal 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 and not to exceed
two hundred ($200.00) dollars. Each day the animal runs at
large shall constitute a separate offense.
Sec. 5 -3. Preventing capture.
A person commits an offense if he intentionally or knowingly:
(a) refuses to surrender any animal subject to capture
owned or possessed by him upon demand of an officer of the
Humane Department or Police Department; or
(b) interferes with an officer of the Humane Department
or Police Department attempting to capture or who has cap-
tured any animal subject to capture and such interference
permits the animal to escape capture; or
(c) refuses to deliver an animal subject to capture
owned or possessed by him to a license veterinarian for
observation or treatment upon demand of an officer of the
Humane Department or Police Department.
Sec. 5 -4. Rabies protection.
(a) A person commits an offense if he intentionally or
knowingly owns or possesses an animal that has not been
immunized with an antirabies vaccine in the preceding twelve
(12) months.
(b) In any prosecution authorized by this section where
proof is presented that the animal was not wearing a tag
indicating rabies immunization within the preceding twelve
(12) months, such animal shall be presumed not to have been
immunized within the preceding twelve (12) months with an
antirabies vaccine.
(c) It shall be defense to any prosecution under this
section, if the person accused of the offense presents a
certificate of vaccination issued by the person adminis-
tering the antirabies vaccine on a date not more than twelve
(12) months prior to such date of the offense.
(d) It shall be an affirmative defense to any prosecution
under this section if: (1) the animal was less than six (6)
months old on the date of the offense; or (2) the animal is
of a species not susceptible to rabies.
Sec. 5 -5. Quarantine procedure.
Any animal reasonably believed to have bitten, clawed or
scratched a person shall be quarantined for the subsequent
ten (10) days at the discretion of the City Health Officer.
The owner of such animal shall immediately notify the City
Humane Department and fully cooperate with all reasonable
precautionary procedures. The animal shall be quarantined
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by a license doctor of veterinary medicine of the owner's
choice or by the Humane Department. The expense of such
quarantine shall be borne by the owner if the animal was
running at large, otherwise the expense shall be borne by
the victim.
Sec. 5 -6. Unreasonable noise prohibited.
(a) A person commits an offense if he intentionally or
knowingly owns or possesses an animal which causes unrea-
sonable noise in a public place or in or near a private
residence that the person has no right to occupy.
(b) In any prosecution authorized by
proof is presented that the person was
noise more than twenty -four (24) hours
by an officer of the Humane Department
such person shall be presumed to have
knowingly committed the offense.
Sec. 5 -7. Certain animals restricted.
this section where
warned concerning the
preceding the offense
or Police Department,
intentionally and
(a) A person commits an offense if he intentionally or
knowingly keeps or maintains within the city limits:
(1) one or more hogs, swine or pigs;
(2) livestock or chickens within one hundred (100)
feet of a private residence the person has no
right to occupy;
(3) livestock or fowl within three hundred (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.
(b) It shall be affirmative defense to prosecution under
subsection 1(a) above, if such animal was possessed for the
purpose of sale within twenty -four (24) hours.
Sec. 5 -8. Poundage and boarding fees.
The following shall be the fees charged as poundage and
boarding for the impoundment of animals as herein provided:
(1) For taking up and impounding per head $20.00
(2) For the boarding of animals, per head, per day:
(a) Household pets,
animals
(b) Livestock
Sec. 5 -9. Redemption.
such as dogs, cats and other small
$ 3.00
$ 5.00
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.
All animals bearing tags or other evidence indicating
current vaccination shall be held by the city for six (6)
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days after their capture and impoundment. All other animals
shall be held for four (4) days. After the respective
periods of time above indicated, all such animals shall
become subject to sale or destruction under the terms of
this chapter.
Sec. 5 -10. Proof of vaccination required following redemption.
(a) A person commits an offense if he fails to present
proof of current vaccination to the Humane Department within
one hundred and twenty (120) hours after redemption of any
animal of a species susceptible to rabies.
(b) A culpable mental state is not required as an element
of this offense.
Sec. 5 -11. Sale or destruction of impounded animals.
Any animal impounded under the provisions of this chapter
not redeemed by the owner thereof within the time required
by this chapter, shall be and is hereby declared to be a
public nuisance. After such period of redemption, the city
reserves the right to sell or destroy all such animals. The
sale of such animals shall be upon such provisions as may be
approved from time to time by the city council. The destruc-
tion of such animals shall be carried out in a humane manner,
according to procedures approved from time to time by the
city council.
Sec. 5 -12. Public records.
Immediately after impounding any animal hereunder, it
shall be the duty of the humane officer to enter upon the
records of his office in a book to be kept by him for such
purposes, the date of impounding, a description of the
animal impounded, and a record of vaccination tags and /or
other means of identification. Such records shall also
reflect whether each impounded animal is thereafter redeemed,
sold or destroyed.
Sec. 5 -13. Penalty for violation of chapter provisions.
Any person violating any of the provisions of this chapter
that do not provide for a penalty shall be deemed guilty of
" a misdemeanor, and each such person shall be deemed guilty
of a separate offense for each and every day, or portion
thereof, during which any violation of any of the provisions
of this chapter is committed, continued, or permitted, and
upon conviction of any such violation such person shall be
punished by a fine of not more than two hundred ($200.00)
dollars.
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 provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this
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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 valid-
ity 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: A person adjudged guilty of an offense as
defined in this chapter shall be punished by a fine not to
exceed Two Hundred and No /100 ($200.00) Dollars. Each day
an offense is committed shall constitute a separate offense.
Section 6: 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 least twice
within ten (10) days after the passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown, this the 26th
day of October , 1978.
ATTEST:
I P /
EILEEN P. HALL, City Clerk
APPROVED:
T BOUNDS, City Attorney
EMMETT 0. HUTTO, Mayor
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