Loading...
HomeMy WebLinkAbout06576 ORD - 07/18/1962IMS:JKH:7 -17 -62 . • r,v 1 AN ORDINANCE 6576 C� %7- AMENDING THE CORPUS CHRISTI CITY CODE, 1955, BY ADOPTING NEW ORDINANCE REGULATING THE KEEPING OF ANIMALS, FOWLS AND PETS BY AMENDING ARTICLE II, CHAPTER 5 OF SAID CODE, BY ADOPTING NEW PROVISIONS, AMENDING PROVISIONS AND RENUMBER- ING PROVISIONS OF SAID ARTICLE II SO THAT SECTIONS 5 -16 THROUGH 5 -30, INCLUSIVE, SHALL HEREAFTER READ AS HEREIN PROVIDED; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CORPUS CHRISTI CITY CODE, 1955, BE, AND THE SAME IS HEREBY, AMENDED BY AMENDING ARTICLE 11, CHAPTER 5, ENTITLED "LIVE- ` STOCK AND FOWL ",,BY ADOPTING NEW PROVISIONS, AMENDING PROVISIONS AND RE- NUMBERING PROVISIONS OF SAID ARTICLE 11 SO THAT SECTIONS 5 -16 THROUGH 5 -30 OF SAID CODE SHALL HEREAFTER READ AS FOLLOWS: "ARTICLE 11. LIVESTOCK AND FOWL. "SECTION 5 -16. DEFINITIONS. "AS USED IN THIS ARTICLE, THE FOLLOWING WORDS SHALL HAVE THE MEANING HEREIN ASCRIBED TO THEM: "FOWL. THE WORD 'FOWL' SHALL INCLUDE CHICKENS, TURKEYS, PHEASANT, QUAIL, GUINEAS, GEESE, DUCKS AND PIGEONS, OR OTHER FEATHERED ANIMALS REGARD- LESS OF AGE OR SEX, EXCEPT THOSE SPECIFICALLY INCLUDED IN THE DEFINITION OF 'PETS'. "LIVESTOCK. THE WORD 'LIVESTOCK' SHALL INCLUDE HORSES, SHETLAND PONIES, MULES, DONKEYS, CATTLE, GOATS, SHEEP AND SWINE, REGARDLESS OF AGE, SEX OR BREED. "RUNNING AT LARGE. THE TERM 'RUNNING AT LARGE' SHALL MEAN PER- MITTING THE ANIMAL, FOWL OR PET TO RUN OR BE OUTSIDE OF THE FENCE, CAGE OR i _ OTHER FACILITY FOR WHICH A PERMIT HAS BEEN ISSUED UNDER THE PROVISIONS OF THIS ORDINANCE. "PETS. THE WORD 'PETS' SHALL MEAN AND INCLUDE CANARIES, PARROTS, PARAKEETS, AND BIRDS AND ANIMALS OF ALL DESCRIPTIONS, OTHER THAN LIVESTOCK ` AND /OR FOWL. "FACILITIES FOR KEEPING. BY THE TERM 'FACILITIES FOR KEEPING' IS MEANT THE PENS, STALLS, STABLES, CORRALS, FEEDING TROUGH AREA, SHEDS AND FACILITIES OF EVERY KIND WHERE THE FOWL, LIVESTOCK OR PETS ARE PENNED, FED t 7 -17 -62 AND/OR PROTECTED FROM THE WEATHER, AND IS NOT INTERPRETED TO INCLUDE GRAZING AREA. "WILD ANIMAL. THE WORDS 'WILD ANIMAL' INCLUDES ALL ANIMALS OF A DANGEROUS OR FEROCIOUS NATURE AS WELL AS ANIMALS INCLINED TO DO SERIOUS BODILY HARM TO HUMANS OR OTHER ANIMALS OR FOWLS. "RATPROOF. THE WORD 'RATPROOF' SHALL MEAN A STATE OF BEING SO CONSTRUCTED AS TO EFFECTIVELY PREVENT THE ENTRANCE OF RATS. "SANITARY. THE WORD 'SANITARY' SHALL MEAN ANY CONDITION OF GOOD ORDER AND CLEANLINESS WHICH PRECLUDES THE PROBABILITY OF DISEASE TRANSMISSION. "SECTION 5 -17. RIGHT TO KEEP GENERALLY DEPENDENT ON COMPLIANCE. "IT SHALL BE UNLAWFUL FOR ANY PERSON TO KEEP, OWN, MAINTAIN, USE, HAVE IN HIS POSSESSION OR ON PREMISES UNDER HIS CONTROL WITHIN THE CITY ANY LIVESTOCK, OR ANY FOWL OR PETS EXCEPT IN COMPLIANCE WITH THE PROVISIONS OF THIS ORDINANCE. - "SECTION 5 -18. FACILITIES SHALL MEET STANDARDS SET BY THIS ORDINANCE. "ANY PERSON DESIRING TO KEEP LIVESTOCK, FOWL OR PETS SHALL HAVE FACILITIES FOR KEEPING SUCH LIVESTOCK, FOWL AND PETS IN QUARTERS MEETING THE STANDARDS SET BY THE HEALTH OFFICER AND BY THIS ARTICLE. "SECTION 5 -19. KEEPING OF PIGEONS, SWINE OR WILD ANIMALS FORBIDDEN. , "NO PERSON SHALL KEEP, OWNS MAINTAIN, USE OR HAVE IN HIS POSSESSION OR ON PREMISES UNDER HIS CONTROLS WITHIN THE CITY, ANY OF THE FOLLOWING: (1) PIGEONS OTHER THAN HOMING PIGEONS, AND HOMING PIGEONS ONLY WHEN BANDED, AND RAISED FOR OTHER THAN COMMERCIAL PURPOSES AND ONLY WHEN CON- FINED TO CLOSED LOFTS, EXCEPT FOR OWNER SUPERVISED TRAINING OR EXERCISE FLIGHTS; (2) SWINE. WILD ANIMALS. "SECTION 5 -20. HEALTH OFFICER MAY REQUIRE KEEPING TERMINATED. "WHENEVER ANY PREMISES WHERE ANY LIVESTOCK, FOWL OR PETS ARE KEPT ARE IN AN UNSANITARY CONDITION OR THE FACILITIES ARE NOT IN KEEPING WITH THE PRO- VISONS OF THIS ARTICLE OR ANY OTHER REGULATIONS HEREIN OR OF ANY HEALTH ORDINANCE -2- .OR LAW BE NOT OBSERVED, THE HEALTH OFFICER MAY BY WRITTEN NOTICE TO THE PERSON RESPONSIBLE FOR THE CONDITION OF THE PREMISES OR THE KEEPING OF THE LIVESTOCK, FOWL OR PET, ORDER THE ABATEMENT OF THE CONDITIONS WHICH ARE NOT IN ACCORDANCE WITH THIS ARTICLE OR CONDITIONS WHICH CONSTITUTE A NUISANCE. FAILURE TO COMPLY WITH SAID ORDER SHALL IN ADDITION TO ANY CRIMINAL PROCEEDINGS, BE GROUNDS FOR AND ENTITLE THE CITY TO OBTAIN RELIEF BY INJUNCTION. "SECTION 5 -21. KEEPING WITHIN 100 FEET OF RESIDENCE OF ANOTHER PROHIBITED. "THE KEEPING ON ANY PREMISES IN THE CITY OF ANY FOWL OR ANY LIVESTOCK OR ANY PETS EXCEEDING 6 IN AGGREGATE, UNLESS THE PENS, STALLS OR OTHER FACILITIES FOR KEEPING THE SAME SHALL BE SO LOCATED THAT THE LIVESTOCK, FOWL OR PETS CANNOT COME WITHIN 100 FEET OF ANY DWELLING OR BUSINESS BUILDING OWNED, USED OR MAINTAINED BY OTHER THAN THE KEEPER. SECTION 5 -22. MAXIMUM NUMBER PERMITTED. "THE KEEPING UPON ANY PREMISES IN THE CITY A COMBINED TOTAL OF MORE THAN FOURTEEN (14) LIVESTOCK, FOWLS OR PETS IS HEREBY FORBIDDEN UNLESS THE PEN, STALL OR OTHER FACILITY USED FOR THE KEEPING OF THE SAME SHALL CON- FINE THE SAME AS NOT TO PERMIT THE SAME TO COME WITHIN 500 FEET OF THE EXTERIOR LIMITS OF ANY BUILDING,USED FOR HUMAN HABITATION OR USED FOR THE BUSINESS OF ANY PERSON OTHER THAN THE KEEPER, UNLESS THE KEEPER IS WITHIN ONE OR MORE EXCEPTIONS SET FORTH IN SECTION 5 -30 HEREOF. "SECTION 5 -23. STANDARDS OF SANITATION FOR KEEPING TO BE ESTABLISHED BY HEALTH OFFICER. "EVERY PERSON KEEPING ANY LIVESTOCK, FOWL OR PET AS AUTHORIZED IN THIS ARTICLE SHALL COMPLY WITH THE STANDARDS OF SANITATION ESTABLISHED THERE- FOR BY THE HEALTH OFFICER. "SECTION 5 -24. ENCLOSURES GENERALLY. "EVERY KEEPER OF ANY LIVESTOCK, FOWL OR PETS SHALL CONFINE THE SAME IN AN ENCLOSURE SUFFICIENT TO PREVENT THEIR RUNNING AT LARGE AND SUCH ENCLOSURE SHALL BE MAINTAINED IN A CLEAN AND SANITARY CONDITION AT ALL TIMES AND AN APPROVED IN- SECTICIDE SHALL BE USED AS OFTEN AS NECESSARY TO MAINTAIN SANITARY CONDITIONS. -3- "SECTION 5 -25. KEEPERS NOT EXEMPTED FROM OTHER ORDINANCES. TITHE KEEPING OF ANY LIVESTOCK, FOWL OR PETS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE FOR THE KEEPING OF THE SAME SHALL NOT BE CONSTRUED TO AUTHORIZE THE KEEPING OF THE SAME IN VIOLATION OF THE ZONING ORDINANCE OR ANY OTHER ORDINANCE OF THE CITY. "SECTION 5 -26. DISPOSITION OF LITTER AND DROPPINGS. "EVERY KEEPER OF ANY LIVESTOCK OR FOWL OR PET SHALL CAUSE THE LITTER AND DROPPINGS THEREFROM TO BE COLLECTED DAILY IN A CONTAINER OR RECEPTACLE OF SUCH A TYPE THAT, WHEN CLOSED, IT IS RATPROOF AND FLYTIGHT AND AFTER EACH COLLECTION, SHALL CAUSE SUCH CONTAINER OR RECEPTACLE TO BE KEPT CLOSED. AT LEAST ONCE EACH WEEK, EACH SUCH KEEPER SHALL CAUSE ALL LITTER AND DROPPINGS $O COLLECTED TO BE DISPOSED OF IN SUCH A WAY AS NOT TO PERMIT FLY BREEDING. \ "SECTION 5 -27. STORAGE OF FEED. "ALL FEED PROVIDED FOR LIVESTOCK OR FOWL OR PETS SHALL BE STORED AND KEPT IN A RATPROOF, FLYTIGHT BUILDING, BOX, CONTAINER OR RECEPTACLE. -� "SECTION 5 -28. INSPECTION OF PREMISES WHERE KEPT. "PREMISES WHEREON LIVESTOCK OR FOWL OR PETS ARE KEPT OR MAIN- TAINED SHALL BE SUBJECT TO INSPECTION BY THE HEALTH OFFICER OR ANY OF HIS SUBORDINATES AT ANY REASONABLE HOUR OF THE DAY. "SECTION 5 -29. SALE OR DISPLAY OF ARTIFICIALLY - COLORED CHICKS, RABBITS, ETC. "IT SHALL BE UNLAWFUL FOR ANY PERSON PTO SELL, OFFER FOR SALE, BARTER OR DISPLAY ANY LIVING BABY CHICKS) BABY RABBITS, DUCKLINGS OR ANY OTHER BABY FOWL OR ANIMALS WHICH HAVE BEEN DYED, COLORED OR OTHER- WISE TREATED SO AS TO IMPART TO THEM AN ARTIFICIAL COLOR. "SECTION 5 -30. EXCEPTIONS TO ARTICLE. "(A) EXEMPTIONS FOR LABORATORIES AND VETERINARIANS AND OTHERS LISTED. WHERE THE KEEPING OF LIVESTORK OR FOWL OR PETS IN MEDICAL LABORATORIES OR EDUCATIONAL INSTITUTIONS FOR MEDICAL RESEARCH OR IN VETERINARIAN HOSPITALS FOR TREATMENT, OR ON THE PREMISES OF A HUMANE SOCIETY RECOGNIZED BY THE S.P.C.A., SUCH LIVESTOCK OR FOWL OR PET SHALL BE KEPT UNDER CONDITIONS PRE- SCRIBED BY THE HEALTH OFFICER FOR SUCH LIMITED PURPOSES, WITHOUT i THE NECESSITY OF COMPLIANCE WITH THE DISTANCE, LIMITATIONS ON NUMBER KEPT, AND STRUCTURAL REQUIREMENTS PRESCRIBED IN THIS ARTICLE. '.(B) EXCEPTIONS FOR PET SHOPS AND SALES ON SPECIAL OCCASIONS ONLY OF PETS, FOWLS AND SMALL ANIMALS. THE HEALTH OFFICER SHALL ESTABLISH IN WRITING AND KEEP THE SAME ON FILE IN HIS OFFICE, AND ON FILE IN THE OFFICE OF THE CITY SECRETARY, REGULATIONS CONCERNING THE NATURE OF THE FACILITIES FOR KEEPING AND THE REGULATIONS CONCERNING THE STANDARD OF SANITATION TO BE MAINTAINED BY PET SHOPS AND PERSONS WHO KEEP AS A HOME OCCUPATION (OR AS A HOBBY) PETS, INCLUDING PARAKEETS, PARROTS, CANARIES, GUINEA PIGS, RABBITS, HAMSTERS, MICE, RATS, SKUNKS, RACCOONS, MONKEYS AND /OR FISH AND THE KEEPING OF THE SAME SHALL BE PERMITTED ONLY UPON COMPLIANCE AND IN ACCORDANCE WITH SAID REGULATIONS. SAID REGULATIONS SHALL BE ADMINISTERED UNIFORMLY THROUGHOUT THE CITY AND SHALL SAFEGUARD THE HEALTH OF ALL PERSONS IN THE CITY AND PREVENT THE KEEPING OF ANY OF SAID FOWLS, ANIMALS OR PETS FROM BECOMING OBNOXIOUS TO PERSONS OTHER THAN THE KEEPER. "(C) EXtMPTION FOR HATCHERIES, WHERE, AT THE TIME OF THE PASSAGE OF THIS ORDINANCE, THE APPLICANT IS OPERATING A HATCHERY AND /OR OTHER ESTABLISHED BUSINESS ENGAGED IN SUPPLYING FARMERS WITH FOWL OR POULTY IN KEEPING WITH THE FOLLOWING REGULATIONS APPLICABLE THERETO, THE SAME SHALL BE PERMITTED TO CONTINUE OPERATION. THE HEALTH OFFICER SHALL ESTABLISH SANITATION REGULATIONS FOR THE OPERATION OF A HATCHERY OR THE OPERATION OF ANY BUSINESS -5- INVOLVING THE EXISTENCE ON THE PREMISES, SALE, DELIVERY OR KEEPING OF ANY FOWLS, WHETHER OR NOT HATCHED ON THE PREMISES OR HATCHED ELSEWHERE AND BROUGHT TO THE PREMISES, AND A COPY' OF SUCH REGULATIONS SHALL BE KEPT IN THE OFFICE OF THE HEALTH OFFICER AND A COPY ON FILE WITH THE CITY SECRETARY, IDENTI- FIED BY THE SIGNATURE OF THE HEALTH OFFICER, WHICH REGULATIONS SHALL SET RULES AND STANDARDS FOR THE FACILITIES FOR THE KEEPING AND THE HANDLING AND KEEPING OF EGGS FOR HATCHING, THE HATCHING OF EGGS, THE HANDLING OF HATCHED FOWLS, AND NO PERSON SHALL PERMIT OR ENGAGE IN THE OPERATION OF A HATCHERY OR OTHER PREMISES UPON WHICH FOWLS ARE PERMITTED TO EXIST, HATCH, BE SOLD OR KEPT UNLESS SAID PREMISES ARE IN STRICT ACCORDANCE WITH SUCH RULES AND REGULATIONS, BOTH AS TO FACILITIES AND METHOD OF OPERATION. THE KEEPING OF ANY FOWLS OR THE OPERATION OF ANY HATCHERY WHICH WILL PERMIT ANY OF THE HATCHING FACILITIES OR FACILITIES WITHIN WHICH THE FOWLS ARE KEPT OR ANY OF THE FOWLS TO BE OR COME WITHIN 100 FEET OF THE EXTERIOR LIMITS OF ANY BUILDING USED FOR HUMAN HABITATION OR BUSINESS OF ANY PERSON OTHER THAN THE KEEPER IS HEREBY FORBIDDEN UNLESS THE SAME IS WITHIN THE TERMS OF EXEMPTION (E) BELOW. "(D' EXEMPTION FOR SLAUGHTER HOUSES. WHERE, AT THE TIME OF THE PASSAGE OF THIS ORDINANCE, THE ANIMAL OR FOWL KEEPER IS OPERATING AN ANIMAL AND /OR FOWL SLAUGHTER HOUSE AND THE KEEPING OF ANIMALS OR FOWLS INCIDENTAL TO THE SLAUGHTERING OF THE SAME IS FOR A TEMPORARY PERIOD OF NOT EXCEEDING SEVEN (7) DAYS, THE PROVISIONS LIMITING THE NUMBER AND REGULATING THE DISTANCE FROM THE PREMISES OF OTHER BUILDINGS SHALL NOT APPLY. "(E) EXEMPTION WHERE KEEPER AND PREMISES ARE IN A NEWLY ANNEXED AREA. • WHERE ANY LIVESTOCK, FOWLS OR PETS ARE BEING KEPT AT A LOCATION OUTSIDE OF THE CITY LIMITS AND BY ANNEXATION PROCEED- INGS THE AREA BECOMES A PART OF AND WITHIN THE BOUNDARIES OF �6� 7 -'7 -62 THE INCORPORATED AREA OF THE CITY, THE PROVISIONS LIMITING THE NUMBER AND REGULATING THE DISTANCE FROM PREMISES OF OTHER PERSONS SHALL NOT APPLY FOR A PERIOD OF FIVE (5) YEARS FROM AND AFTER THE DATE OF ANNEXATION, UNLESS OTHERWISE EXEMPTED UNDER THIS ARTICLE. EXTENSIONS OF THIS EXEMPTION MAY BE OBTAINED FOR SUCCESSIVE ONE -YEAR PERIODS BY APPLYING FOR AND OBTAINING A CERTIFICATE FROM THE HEALTH OFFICER CERTIFYING TO THE EXISTENCE OF SANITARY CONDITIONS OF THE PREMISES BUT SUCH EXEMPTION UNDER THIS PROVISION SHALL NOT IN ANY EVENT EXTEND BEYOND TEN (10) YEARS FROM THE DATE OF THE ADOPTION OF THE ANNEXATION ORDINANCE. °(F) EXEMPTION FOR RIDING STABLES AND RODEO ARENAS. WHERE AT THE TIME OF THE PASSAGE OF THIS ORDINANCE THERE IS IN EXISTENCE ANY RIDING STABLE OR RODEO ARENA, THE PROVISIONS OF THIS ORDINANCE LIMITING THE NUMBER OF LIVESTOCK AND REGULATING THE DISTANCE FOR THE KEEPING OF THE SAME FROM PREMISES OF OTHERS THAN THE KEEPER OF SUCH STABLE OR ARENA SHALL NOT APPLY." SECTION 2. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION. SECTION 3. ANY PERSON, FIRM OR CORPORATION VIOLATING THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL BE FINED, UPON CONVICTION, IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 5. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE AND RECITING THE PENALTY FOR VIOLATION OF THE ORDINANCE. THAT THE FOREGOING ORDINANCE WAS AD FOR THE QST ME AND PASS D TO ITS SECOND READING ON THIS THE DAY OF 19, BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THAT THE FOREGOING ORDINANCE WAS #AD F( PAS ED TO ITS THIRD READING ON THIS THE DA1 19-0 BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THAT THE FOR G ING ORDINAN AS EAD FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF 19l �ZBY THE FOLLOWING VOTE: — ,Jn BEN F. MCDONALD �C G(iV�a? Ar--z— TOM R. SWANTNER / DR. JAMES L. BARNARD / JOSE R. DELEON M. P. MALDONADO ✓ W. J. ROBERTS JAMES H. YOUNG ✓ PASSED AND APPROVED, THIS THE DAY OF 19., ATTES R� TY SE RE RY APPROVED A TO LEGAL F M THIS 3 DAY OF j� „Q� 9 196 a G MAYOR Pro•iem THE CITY OF CORPUS CHRISTI, TEXAS. Q SSA 1 Y ATTORNEY � i