Ordinance No. 3,889ry
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ORDINWE NO. 3889
AN ORDINANCE AMENDING CHAPTER 5, - ANIIWILS,' TO PROVIDE
FOR AN AFFIRMATIVE DEFENSE TO THE REQUIREMENTS Fiat A
KENNEL LICENSE; REPEALING INCONSISTENT ORDDLVACES;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ®AYTOIN 4
TEXAS:
Section 1: That the Code of Ordinances, City of Baytown, Texas, is hereby
amended by adding a section, to be numbered Sec. 5 -20.1, which Section reads as
follows:
Sec. 5-20.1. Affirmative Defense.
Its an affirmative defense to the prosecution of any violation of
any requirement or regulation of this chapter relating to kennels if:
1) all of the dogs kept or maintained at a kennel are owned by
the person owning such kennel and have been owned continuously
by the kennel owner since a date prior to January 12, 1984; and
2) the kennel owner resides at the location of the kennel and
has continuously resided at such location since a date prior to
January 12, 1984, and
3) none of the animals are being kept for purposes of sale to
another party.
Section 2: 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of this ordinance are hereby repealed, provided however, that such repeal shall be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 3: 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 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 4: This ordinance shall take effect immediately from. and after its
passage by the City Council of the City of Baytown.
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INIKODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 28th day of Jule, 9984.
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NIPROVED:
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