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Ordinance No. 8,636990 /ZZ -1 ORDINANCE:.'NO. 8636 ® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN GENERAL," SECTION 14 -8 "CERTAIN ANIMALS RESTRICTED" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 14 "Animals," Article I "In General," Section 14 -8 "Certain animals restricted" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 14. ANIMALS ARTICLE I. IN GENERAL Sec. 14 -8. Certain animals restricted. (a) Offense. Under this chapter, it shall be unlawful for any person to intentionally or knowingly keep or maintain the following within the city limits: (1) One or more hogs, swine or pigs; (2) Livestock, rabbits or fowl within 100 feet of a private residence the person has no right to occupy; (3) Livestock or fowl within. 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, except assistance dogs which are permitted in such places under state law; (5) Any wild animal, as defined by section 14 -1, within 500 feet of a church, school, hospital or any residence or public place; or (6) Bees or beehives within 300 feet of a private residence the person has no right to occupy, a church, school, a day care, a nursing home, a hospital, a park or a public place. (b) Defense. It shall be affirmative defense to prosecution under subsection (a)(1) of this section if such hog, swine or pig was possessed for the purpose of sale within 24 hours. (c) Exception. It shall be an exception to subsection (a) if the animal or its habitat is part of an exhibit or project, which is operated or conducted solely for educational purposes and maintained by a governmental entity. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to ® the extent of such inconsistency and in all other respects this ordinance shall be E 990722 -1a ® 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 the 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 22nd day of July, 1999. ',& c �-- PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk 0 c:k1h180 \CityCouncil \Ordinances\ Beehive& OtherExceptionOrdinance4EducationalPurposes 2 �11