Ordinance No. 3,751Published: The Baytown Sun - 40112 -3'
Mon. Jan. 16. 1g84 —
Tues. Jan. 17, 1984
ORDINANCE NO. 3151
AN ORDINANM /WEWING CHAPTER 5, - ANIW&S- OF TI-E CODE OF
ORDINANCES TO PROVIDE FOR THE REGULATION OF KENNELS, pf-%..
VIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
ESTABLISHING A MA)(IILJM PENALTY OF $IADOjA AND RWVK)M FOR
THE EFFECTIVE DATE HEREOF.
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• 3E IT ORDAMD BY THE CITY COLWAL CF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 5 -1 of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by adding a new definition to read as follows:
Sec. 5-1 Definitions
Kennel. Any lot, enclosure, premises, structure or building
ww ere four (4) or more dogs over the age of six (6) months
are kept or maintained for any purpose.
Section 2: That Sectia^ s -15 is hereby repealed.
Section 3: That Chapter 5 of the Code of Ordinances of the City of
3aytown, Texas is hereby amended by adding new Sections 5 -15 through 5 -23 as
follows:
Sec. 5-15. Kennel License
(A) Any person that desires to obtain a kennel license shall
apply to the Animal Control Division for a such license.
(B) Such person desiring a kennel license must submit the
following information on its application:
(1) The name and address of the owner.
(2) Amount of space available for the keeping of
dogs.
(3) The local address and property description of the
premises to be used for the purposes of a kennel.
(4) The number of dogs proposed to be kept by the
applicant.
(5) Proof that the applicant has a structure suitable
for the humane actual physical restraint of the dogs
therein kept. Such structure shall meet the following
minimum requirements:
(a) Enclosures must be provided which shall allow
adequate protection against weather extrc nes.
Floors of buildings, runs and walls shall be of an
impervious material to permit p: oper cleaning and
disinfectii py.
(b) Building temperature shall be maintained at a
comfortable level. Adequate ventilation shall be
maintained. *
(c) Each animal shall have sufficient space to
stand up, lie down and turn around in a natural
position without touching the sides or top of
cages.
4!3112 -3a
(d) Cages are to be of material and construction
that permits cleaning and sanitizing.
(e) Cage floors of concrete, unless radiantly
heated, shall have a resting board or some type
of bedding.
(f) Runs shall provide an adequate exercise area
and protection from the weather. Runs shall have
• an impervious surface.
(g) All animal quarters and runs are to be kept
clean, dry and in a sanitary condition.
(h) The food shall be free from contamination,
wholesome, palatable and of sufficient quantity
and nutritive value to meet the normal daily re-
quirements for the condition and size of the
animal.
(i) Ail animals shall have fresh water available
at ail times. Water vessels shall be mounted or
secure in a manner that prevents tipping and be
of the removable type.
(6) Proof Vat ail city taxes have been paid.
(7) Proof that an inspection has been performed by the
Animal Control Division or Health Department for
compliance with all requirements of this Chapter on
kerinr ..
(B) ~roof that the kennel is not within one hundred
(100) feet of a private residence that the owner or
keeper of the kennel has no right to occupy, or within
three hundred (300) feet of any church, school, hospital
or public place where food is sold or consumed.
(C) Upon submission of the above information, approval by the
Animal Control Division and Health Department, and payment
of the annual kennel license fee, such license shall be issued
to the applicant.
(D) The annual kennel license fee shell be submitted with the
application. The annual kennel license fee shall be determined
as followa, to wit:
(1) Fewer than fifteen (15) dogs, fifteen (615.00)
dollars,
(2) Fifteen (15) or more dogs, twenty -five ($25.00)
dollars.
(E) The kennel license shall expire on December 31 each
year. A renewal kennel license shall be issued upon payment
of the appropriate annual license fee and after inspection of
the premises by the Animal Control Division or Health
Department. There shall be no proration of fees hereund r.
(F) The restrictions as to distance from a private residence
which the owner has no right to occupy and from a church,
a-hnni, hnspital or public place where food is sold or consumed
shall not apply to any applicant for a kennel license if (1) the
structure being used meets all other minimum requirements
set forth hereinabove for the issuance of a kennel license and
(2) the structure being used was being used as a kennel (as
defined in this chapter) at the time this ordinance was passed.
Sec. 5-16. Failure to obtain a Kennel L.icarm.
It shall be an offense for a person, intentionally or
knowingly, to operate or maintain or al!ow or permit another
to operate or maintain on ones property, a kennel unless a
license therefor has been applied for and obtained.
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Sec. 547. Kernel License to be posted.
It shell be an offense for the owner of a kennel to
intentionally or knowingly fail to post the kennel license in
a prominent place in the kennel at all times.
Sec. 5-18. Kemal Kept in SuAtary Conditiion,
It shall be sr. offense for the owner of a kennel to fail to
keep such kennel and the surrounding premises in a sanitary
manner. Such premises shall be kept reasonably free front
sources of insects, vermin and rodent breeding, harborage and
i infestation. Where insect, rodent, or vermin breeding areas,
harborage or infestation exist, such areas, harborage, or
infestation &hail be eliminated. Such kennels shall be kept
free of animal waste :..+d shall be reasonably free of noxious
odors eminating therefrom.
Sec. 5-14. Locations Excluded.
It shall be an offense for a person to intentionally or
knowingly operate or maintain a kennel located within one
hundred (100) feet of a private residence that the owner or
keeper of the kennel has no right to occupy, or within three
hundred (300) feet of any church, school, hospital or public
place where food is sold or consumed.
Sec. 5-20. ExchAion of Certain Organizations:
It is an affirmative defense to the prosecution of any
violation of any requirement or regulation of this chapter
relating to kennels if the owner or operator of the kennel is
a governmental agency.
Sac. 5-21. 5twpertsian of Kemal License. '
A Kennel License may be suspended by the Chief of Police
for any of the following reasons:
(a) Violation of any of the laws of the state,
federal or city government, or commission of on
offense as defined by this chanter:
(b) Failure to post the kennel license in a
prominent place on the premises of the kennel;
(c) Failure to keep the premises in a safe and
sanitary condition.
Sec. 5-22. Appeal of Administrative Decision
(a) Any person shall have the right to
appeal the decision to deny issuance or
renewal of a kennel license of the Animal
Control Division to the City Council by
Is making written request to the City Manager.
Such request must be filed with the City
Clerk wi.nin fifteen (15) days after such
person has been notified of the decision or
the Animal Control Division.
(b) No person shall have any right to appeal
for relief to any court in regard to any
matter covered by this chapter until after
such person has exhausted the appeal pro-
cedure provided for in this chapter.
Sec. 5-23. Penalty
Any person violating any of the provisions of this
Chapter that relates to kennels shall be deemed guilty of
a misdemeanor, and shall be deemed guilty of a separate
offense for each and every day or portion thereof, during
which any violation of the provisions of this Chapter
40112 -3c
relating to kennels is committed, continued or permitted,
and upon conviction of any such violation such person
shall be punished by a fine of not more than One
Thousand ($1,000,00) dollars.
Any person violating any of the other provisions of
this Chapter shall be deemed quilty of a misdemeanor,
and shall be deemed guilty of a separate offense for
each and every day or portion thereof, during which any
violation of the provisions of this Chapter (other than
those relating to kennels) 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 4: 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 S: if any provision, section, exception, subsection, paragraph,
sentence, c1p_use or phrase of this ordinance or the applications 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 provision4t of
this ordinance or their application to other persons or sets of circumstances and to
this and all provisions of this ordinance are declared to be severable.
Section b: Any person who shell violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of rwd mnra than One Thousand and No /100 (S1.000.00) Dollars.
Section 7: 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 - .:using the caption of this ordinance to be pubiished 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 Citv of Baytown, this the 12th day of January, 1984.
AT ST:
LILLEM P. L, icy Jerk