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Home My WebLink About02223 ORD - 02/17/19480 7M 5S : Aid o2DI:�A.Sc& 2223 DECLt,Rl;7C IT is 1=6AI CE. TO J i;Y '"ORE TI -Llzi TJELVE (12) CHICKENS 1VITHOUT TNF ABILITY TO CROW, TURKEYS, GUIIuz1h,S, G.ESE, DUCKS, PIGEONS, Rt1BMS, IW4 -7S, 'S-.D GUINE.k PIGS ON FuQY oNE LOT IN CORPUS Ci_h?1STI; TO EEL' P SAID F011iLS OR AAI- 1W,S IF AFY STRUCTURE NOT KEPT FREE FROM OLOR3, CI3LI':S ,D DAILY, 1.fIIT3RAS ED SrMI- .-III1N4.LLY r_'TD DISINFECTED J.,IO eTHLY; P1,0VIDIN G FO, M ORDER R - e4UIRING t11BATELL1 T OF SUCH 11UISMI CE dD FOR AN ! PPEl:T, F21M SUCH CRD'rR ANL FOR ABA --'! '!,T OF SUCH HUIS'lU E ZIT THE OFF i.-J31 S COSTS; !?!ZO In1TI SG T,`- ADOVE 7.3NTIONED FOWLS OR $TdI:'.4ALS F'RO., R13"ITING lax LARGE; CONTAIFING A S3V -11.: ;ILITY OR SAVING CLAUSE A.:rD I'RO`rIDIIIC FOIL T: s B.5F1]CTIVJiU2'SS OF THIS ORDI- PIANCE. BE IT ORDAINED BY TIE CITY COUNCIL OF TES CITY OF CORPUS CI-Il "tISTI, S3CTION 1. whenever in this ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section. Uniaproved Area. Any land not platted irto blocks and lots. rerson. Individual, firm or corporation. 3ai:itary. Any condition of good order and cle.:,ailiness which precludes the probability of disease transmission. Litter. Any substance reconmier_ded as litter by the Texas Agri- cultural and Mechanical College. 3attery Brooder. A compartment or series of compartments having a ,'lira floor and dropping pan, with feed and water containers on the outside thereof. SLCTICN 2. ,'`hatever is dangerous to human health, whatever ren- ders the ground, water, air or food a hazard or injury to human health, and the 2ollowi-i- specific acts, conditions a:nd thins, are, each and all of -them declared to constitute nuisances: (a) The keepin, harboring, maintaining or permitting the pre- Bence on any one lot or parcel of laid aaithin the ,i,t�- of Corpus Christi of more than a combined total of twelve (12) head of chickens, without the ability to crow, turkeys, guineas, geese, ducks, pi %eons, rabbits, hares and guinea pigs,iexcept this provision shall not apply to the keepinL of fmvls and /or rabbits, hares and Luinea pigs on unimproved areas within the corporate limits of the City of Corpus Christi, Texas, provided such Q�a3 place where any fowls and /or animals above described are kept is not within fifty (501) feet of any dwelling resided in by any person other than the keeper, except chickens may be kept in a Battery Brocder in excess of twelve (12) in number subject to the terms and conditions as set out in this ordinance. (b) The keeping of any of the hereinabove mentioned fowls and or animals within fifty (50T) feet of any dwelling resided in by anyone other than their keeper. Fowls or animals shall be deemed to be kept within fifty (501) feet of a dwelling whenever any part of the exterior limits of the place or area within which they are confined is less than that distance from any part of the exterior limits of such dwelling. (c) The keeping of the hereinabove mentioned fowls or animals within any structure in the City of Corpus Christi without scraping the floors of such room, coop, box or compartment and thoroughly cleaning the area within which such fowls are kept at least once in every twenty -four hours and so maintaining such a structure and enclosure that no odors are emitted therefrom, or fly breeding permitted therein; provided, however, if litter is used, same shall be cleaned at least once every three (3) months. (d) The keeping of any of the hereinabove mentioned fowls or animals within any structure the interior of which is not whitewashed at least once every six months and without spraying crude oil or some other disinfectant or an approved insecticide on the roosting places at least once in each calendar month to discourage fleas, mites, flies, or other insects. SECTION 3. If any person, within the limits of the City of Corpus Christi shall permit or suffer any of the above described nuisances on premises occupied by him or under his control, any police officer of Corpus Christi or any Sanitarian, shall order the owner or occupant thereof in writing to remove and abate such nuisance at his expense within a time not to exceed twenty -four hours. The said order shall be in writing and shall be delivered to such owner or occupant, or to his representative if such owner or occupant cannot then be found within the City of Corpus Christi. 'It shall be served by a police officer or Sanitarian by delivering a copy thereof to the owner, occupant or agent of such property. If the owner or agent of the property -2- is unknown or absent, with no known representative or agent, upon whom the notice can be served, then the police officer or Sanitarian shall post a written or printed notice upon the property or premises setting forth that unless the nuisance is removed or abated within twenty -four hours, at the expense of the owner or occupant, the nuisance will be abated at the expense of the owner. SECTION 4. If any person to be affected by such order or notice shall be aggrieved thereby such person may have such order reviewed by the Governing Body of this City, acting as a quasi judicial body, by notifying the City Secretary within twenty -four hours of the issuance of such order of his desire to pursue an appeal from such order. Upon receipt of such notice the Cite Secretary shall forthwith notify the City I.1anager who shall set the matter down for immediate hearing to be conducted as quickly as possible before the City Council with a majority or quorum present and shall notify all interested persons, then available, in person or by telephone and at the conclusion of such hearing the City Council Commissioners shall affirm, revoke or modify such order as it may find proper. Such an appeal shall stay the abatement of such alleged nuisance only until the City Council enters its order thereon. SECTION 5- Unless the order is revoked on such an appeal; if the owner, occupant or agent shall fail to timely comply with the require- ments of said notice with such modification, if any, as has been ordered on review then the Sanitarian with the assistance of the Police Department shall proceed to have the nuisance, described in the written notice, re- moved from said lot or parcel of .,round and abated and report the cost thereof to the City Council, who shall assess the sum against the property and the person or persons maintaining the nuisance. SECTICTI 6. All poultry or animals removed to abate a nuisance shall be impounded by the City. (a) If within forty -eight hours after any poultry or animals have been impounded the owner thereof pays the cost of abating such nui- sance and agrees that upon the return of such poultry or animals, as have —3— been removed from his property, he will forthwith dispose of such poultry or animals in a manner which does not violate any ordinance of this City, such poultry or animals shall be released to its owner. (b) If the owner of poultry or animals so impounded shall fail, neglect or refuse to call at the Office of the Public Health Officer within forty -eight hours after the impounding of such poultry or animals or to pay the cost of abating such nuisance and agree to dispose of such poultry or animals in a manner which does not violate any ordinance of this city; the Sanitarian, through the Purchasing ,agent, shall sell the poultry or animals and immediately turn the proceeds over to the City Controller, who will credit the amount against the cost of abating the nuisance and pay over the excess, if any, to the owner of such poultry-or animals. SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. UOTION 8. 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 9. This Ordinance shall take effect and shall be in force from and after the time of its passage and publication as provided by law. The foregoing Ordinance was read the first time and passed to the second reading, on the ._? day of , 1948, by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The foregoing Ordinance was read the second time and passed to the third reading, on the /, day of 1948, by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The foregoing Ordinance was read th third time and passed and ordered approved by the Mayor, on the day of 1948, by the following vote: Wesley B. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson APPROVED this T day of ATTEST: ty S r ry APPROVED AS TO LEGAL FORM: A. D. 1948- L Y R City of Corpus Christi, Texas