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HomeMy WebLinkAbout10363 ORD - 07/21/1971BJW:7/20/71 AN ORDINANCE FINDING AN EMERGENCY EXISTS WITH REGARD TO VENZUELAN EQUINE ENCEPHALOMYELITIS; AND FINDING VACCINATIONS REQUIRED IN CERTAIN EQUINES; FINDING A DANGER TO HUMANS; DECLARING UNVACCINATED EQUINES IN THE CITY LIMITS AND WITHIN 5,000 FEET OF THE CITY LIMITS A NUISANCE; REQUIRING THE VACCINATION OF CERTAIN EQUINES; REQUIRING A VACCINATION CERTIFICATE; PRO- VIDING FOR PUBLICATION OF THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS FINDS THAT THERE IS AN EMERGENCY TO THE PUBLIC HEALTH OF THE CITIZENS OF THIS CITY CREATED BY THE WIDE SPREAD INCIDENCE OF VENZUEL AN EQUINE ENCEPHALOMYELITIS (HEREINAFTER CALLED VEE), SUCH DISEASE EVIDENCING A MORTALITY RATE AMONG AFFECTED ANIMALS OF MORE THAN 70 %; AND WHEREAS, THE CITY OF CORPUS CHRISTI FINDS THAT THIS EMERGENCY REQUIRES THE IMMEDIATE VACCINATION OF ALL EQUINES WITHIN THE CITY LIMITS AND WITHIN 5,000 FEET OF THE CITY LIMITS TO IMMUNIZE EQUINES AGAINST VEE WITH ^ TC -83° ; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS FINDS THAT THOSE EQUINES WITHIN THE CITY LIMITS AND WITHIN 5,000 FEET OF THE CITY LIMITS NOT VACCI- NATED AGAINST VEE CONSTITUTE AN IMMEDIATE AND SUBSTANTIAL HEALTH HAZARD TO THE CITIZENS OF THE CITY OF CORPUS CHRISTI, TEXAS AND CONSTITUTE A NUISANCE; AND WHEREAS, RECENTLY THERE HAVE BEEN SEVERAL REPORTED CASES OF VEE IN HUMAN BEINGS ALONG THE GULF COAST AND UNLESS THIS DISEASE IS BROUGHT UNDER CONTROL IMMEDIATELY, A FAR GREATER NUMBER OF HUMANS WILL BE INFECTED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. IT IS HEREBY DECLARED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT THE KEEPING, OWNING, MAINTAINING, USING OR , HAVING POSSESSION BY ANY PERSON, FIRM, PARTNERSHIP OR CORPORATION OF ANY HORSE, MULE, BURRO, JENNET, JACK OR OTHER EQUINE NOT VACCINATED AGAINST VEE WITH "TC -83° WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS,OR WITHIN 5,000 FEET OF THE CITY LIMITS CONSTITUTES A NUISANCE. j()363 SECTION 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KEEPS OWNS MAINTAINS USE, HAVE IN HIS POSSESSION OR ON PREMISES UNDER HIS CONTROL WITHIN THE CITY LIMITS OR WITHIN 5,000 FEET OF THE CITY LIMITS ANY HORSE, MULE, BURRO, JENNET, JACK OR OTHER EQUINE UNLESS SUCH HORSE, MULES BURRO, JENNETj JACK OR OTHER EQUINE IS IMMUNIZED AGAINST VEE (VENEZUELAN EQUINE ENCEPHALOMYELITIS WITH "TC -83" BY A REGISTERED GRADUATE VETERINARIAN, UNDER THE DIRECTIONS OF THE HEALTH OFFICER OF THE CITY. SECTION 3. EVERY PERSON OWNING OR KEEPING ANY HORSE, MULES BURRO, JACK, JENNET OR OTHER EQUINE IMMUNIZED AGAINST VEE AS PROVIDED IN THE PRE- CEDING SECTION SHALL PROCURE A CERTIFICATE SHOWING VACCINATION FOR VEE WITH "TC -83" VACCINE AND THE DATE THEREOF. SECTION 4. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, BY PUBLISHING THE CAPTION OF THIS ORDINANCE STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 5. ANY PERSONS FIRM OR CORPORATION VIOLATING ANY SECTION OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND BE FINED NOT TO EXCEED $200. SECTION 6. IF ANY SECTIONS CLAUSE, PHRASE OR WORD OF THIS ORDI- NANCE IS HELD TO BE INVALID, UNCONSTITUTIONAL OR UNENFORCEABLE SUCH HOLDING SHALL NOT INVALIDATE THE REMAINING PORTION OF THIS ORDINANCE AND IT IS HERE- BY DECLARED THE INTENT OF THIS CITY COUNCIL THAT IT WOULD HAVE PASSED THE REMAINING VALID PORTIONS OF THIS ORDINANCE WITHOUT THE INVALID PORTION. SECTION 7. THE EMERGENCY AND DANGER TO THE PUBLIC HEALTH OF THE CURRENT PREVALENCE OF VEE AND THE NUISANCE CREATED BY THE PRESENCE OF UN- VACCINATED EQUINES IN CORPUS CHRISTI AND WITHIN 5,000 FEET OF THE CORPORATE LIMITS AND THE URGENT NECESSITY TO VACCINATE ALL EQUINES WITHIN THE AREA FROM THIS DREAD DISEASE AND TO PREVENT THE SPREAD OF THIS DISEASE BY SUCH VACCINATION CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY -2- • • COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLI- CATION, IT IS ACCORDINGLY 50 ORDAINED, THIS THE Allat DAY of JULY, 1971. ATTEST: CI Y SECRETI �APPROVED: !�® DAY OF JULY, 1971: & &4� 14/� 1 _54 - CITY ATTORNEY 0 O MAYOR THE CITY OF C S CHRISTI, TEXAS 0 • CORPUS CHRISTI, TEXAS Q14 DAY OF 19 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, t MAYOR THE CITY OF C CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK PUBLISHER'S AFFIDAVIT -- - -- STATE OF TEXAS, les: County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came ........ _ Leland_ G. " Barnes who being first duly sworn, according to law, says that he is the Classified Manager ............... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of with regard to Venezuelan equine encephalomyelitis - -- of which the annexed is a true copy, was published in _T4 . on the -23X:4 day of ........ ..... ---- .....19- 71:,andan each....._..------ - -• - -- hereafter for ... _ ......... . ..... _ .gym- -..._ ....... Times. Barnes 1. Adv. Mgr. Subscribed and sworn to before me this-..211:1 ....d y of .............Yi. -IL Jul y._._. - ----- _--- 19 7-1-- _...._ .._._._...�_._._-.___..___ _. Louise Vick tart' Public, Nuecea County, Texds 4, I DANGER TOt HUMANSNGDA CLARING UNVACCINATED EQUINES IN THE CITY LIMITS AND WITHIN 5,00➢ FEET OF THE CITY LIMIT NUIS- ANCE; REq NIRING THE VAC- CINATION OF CERTAIN EQUINES: REQUIRING A VAC - IC I NA TI O N C E R TIFI C A T E; P ROVI D I NG FOR p.."CATI ON - OF THIS ORDINANCE; PROVID- ING A PENALTY; PROVIDING A SEVERABIIN CLAUSE; AND DECLARING -AN EMER- GENCY, 1 Al PASSED AND APPROVED bye the C, Calmcll o the City o Ca pu CTrisll, durin➢ the Re➢u I., Council' Meeting heltl July 21, 19]1. at 2110. p.m., aotl provltles that It shall iok. ceeEln➢ Tw,Z hpgtlretl ($'LOp.00) rOol -i. ISSUED UNDER /,1't HAND AND SEAL W N Cily eF Camus Chri;71, T—S, ihls ie PCP! doy W July, 1971. (sl T. Ray K—g Ciiy 0 Carpus Ch rl e-tT os IS_EA L) _ _...