Ordinance No. 9,283Published in the Baytown
Sun on December 19, 2001
ORDINANCE NO. 9283 -and December 20, 2001
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN GENERAL,"
SECTION 14 -1 "DEFINITIONS" "WILD ANIMAL" TO DEFINE THE
TERM "WILD ANIMAL "; AMENDING CHAPTER 14 "ANIMALS,"
ARTICLE I "IN GENERAL," SECTION 14 -8 "CERTAIN ANIMALS
RESTRICTED," SUBSECTIONS (A)(5) AND (C) TO PROHIBIT WILD
ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF
BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND 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 -1
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended, in part, to
read as follows:
CHAPTER 14. ANIMALS
ARTICLE I. IN GENERAL
Sec. 14 -1. Definitions
The following words, terms and phrases when used in this chapter shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Wild animal means any live animal, other than a common domestic species,
regardless of the state or duration of captivity which can be normally found in the wild
state, or may pose a potential physical or disease threat to the public or that is protected
by international, federal, or state regulations, including but not limited to the following:
Class Reptillia. Family Heldermatidea (venomous lizards); Family
Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and
true vipers); Family Elapidae (coral snakes, cobras, mambas, and other
elapids); the following listed species of Family Colubridae Dispholidus
typus (boomslang), Hydrodynastes gigas (water cobra), Bioga (mangrove
snake), and Thelotornis (African twig snake) only; Order Phidia, Family
Boidae (racers, boas, water snakes, and pythons); and Order Crocadilla
(crocodiles, alligators, caimans, and gavials);
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Class Aves. Order Falconiforms (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and
Order Strigiforms (such as owls);
Class Mammalia. Order Carnivora, Family Felidae (such as ocelots,
margays, tigers, jaguars, leopards, lions, cheetah, bobcat, lynx, serval,
caracal and cougars), except commonly accepted domesticated cats;
Family Hyaenidae (such as hyena); Family Canidae (such as wolves, wolf -
dog, hybrids, dingos, coyotes, and jackals), except domesticated dogs;
Family Mustelidae (such as weasels, skunks, martins, minks, and badgers)
except domestic ferrets (Mustela putorius furo); Family Procyonidae
(raccoon); Family Ursidae (such as bears) Order Marsupialia (such as
kangaroos, wallabies and common opossums); Order Edentata (such as
sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order
Primata (such as monke s, chimpanzees, baboon, orangutan and gorillas);
Order Rodentia (such as porcupines); and Order Ungulata (such as
antelope, deer, bison, and camels), unless the Order Ungalata are located
on premises which meet the definition of the farm/ranch; or any hybrid of
an animal listed in this subdivision.
Animals not listed. The director of health may declare any species of
animal not listed in this subsection as "prohibited" if the confinement of
the animal within the city can be shown to constitute a threat to public
health and safety; and does not mean any bird kept in a cage or aviary that
is not regulated by international, federal, or state law, or a gerbil, hamster,
guinea pig, or laboratory mouse or rat.
Section 2: That Chapter 14 "Animals," Article I "In General," Section 14 -8
"Certain animals restricted," subsection (a)(5) of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
14. ANIMALS
I. IN GENERAL.
See. 14 -8. Certain animals
(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:
(5) Any wild animal;
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Section 3.: That Chapter 14, "Animals," Article I, "In General," Section 1478,
"Certain animals restricted," subsection (c) of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows:
CHAPTER 14. ANIMALS
ARTICLE I. IN GENERAL
Section. 14 -8. Certain animals restricted
(c) Exceptions.
(1) 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.
(2) Subsection (b) shall not be construed to apply to:
a. zoological parks, performing animal exhibitions, or circuses; or
b. an injured, infirmed, orphaned or abandoned dangerous wild animal
while being rehabilitated, treated or cared for by a licensed
veterinarian, an incorporated humane society or animal shelter, or a
person who holds a rehabilitation permit issued under Subchapter C,
Chapter 43, Parks and Wildlife Code.
Section 4: Any person who fails to comply with any provision of this
ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a
fine not exceeding FIVE HUNDRED AND NO /100 DOLLARS ($500:00). Each act of
violation and each day upon which any such violation shall, occur shall constitute a
separate offense. In addition to the penalty prescribed, above, the city may pursue other
remedies such as abatement of nuisances, injunctive relief, administrative adjudication
and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of
this ordinance are hereby repealed; provided, however, that such repeal shall 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 6: If any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of the 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 effect the validity of the remaining provisions of this ordinance or
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their application to other persons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
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 causing the caption of this ordinance 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 Baytown, this the 13th day of December, 2001.
PETE C. ALFARO, Mayor
ATTEST:
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,SMITH, City Clerk
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APPROVED AS TO FORM:
ACIO RAMIREZ, SR. 'ty Attorney
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