Ordinance No. 3,140i
l 10423 -15
ORDINANCE NO. 3140
AN ORDINANCE AMENDING CHAPTER 5, "ANIMALS ", OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN, BY THE ADOPTION
OF A NEW SECTION 5 -1 TO PROVIDE FOR A DEFINITION OF
WILD ANIMALS; AND THE ADOPTION OF A NEW SECTION 5 -7(5)
TO PROHIBIT THE KEEPING OF WILD ANIMALS WITHIN THE CITY
LIMITS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF
$200.00; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
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 the addition to Chapter 5
"Animals ", Section 5 -1 Definitions, a new subsection which
shall read as follows:
Section 5 -1 Definitions
Wild Animal. Any mammal, amphibian, reptile or fowl
which is of a species which is wild by nature, and of a
species which due to size, vicious nature or other
characteristic is dangerous to human beings. Such
animals shall include, but not be limited to lions,
tigers, leopards, panthers, bears, wolves, raccoons,
skunks (whether deodorized or not), apes, gorillas,
monkeys of a species whose average adult weight is (20)
lbs. or more, foxes, elephants, rhinoceroses, crocodiles,
all forms of poisonous reptiles, and snakes of a con-
stricting type. The term "wild animal" as used in this
article shall not include gerbils, hamsters, guinea
pigs, mice or rabbits.
Section 2: That the Code of Ordinances of the City of
Baytown is hereby amended by the addition to Section 5 -7(5)
which shall read as follows:
Section 5 -7 Certain animals restricted.
(5) Any wild animals as defined by Sec. 5 -1 within 500
feet of a church, school, hospital, residence, or
public place.
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repealed; provided, however, that such repeal shall be only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
10423 -15a
this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this
ordinance.
Section 4: If any provision, section, subsection,
exception, 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: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation
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 passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this the 23rd day of April ,
1981.
LEMMETT HU T0, Mayor
ATTEST:
EILEEN P. HALL, City Cler
APPROVED:
RANDALL B. STRONG, City orney
L