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HomeMy WebLinkAbout03089 ORD - 07/17/19517 l'751(8) AN ORDINANCE FOR THE PROMOTION OF PUBLIC HEALTH AND GENERAL WELFARE PROHIBITING THE OWNING, MAINTAINING, USING, KEEPING, OR HAVING IN POSSESSION ANY RABBITS, HARES, GUINEA PIGS, HORSES, MULES, DONKEYS, CATTLE, GOATS, SHEEP, OR SWINE, CHICKEN, TURKEYS, GUINEAS, GEESE, DUCKS, PIGEONS, WITHIN THE CITY 1,11=S OF THE CITY OF CORPUS CHRISTI, EXCEPT THAT RABBITS HARES, GUINEA PIGS, HORSES, MULES, DONKEYS, CATTLE, CHICKENS, TURKEYS, GUINEAS, GEESE, DUCKS, AND HOMING PIGEONS IN LIMITED NUMBERS MAY BE KEPT BY OBTAINING SPECIAL PEM41T FROM THE CITY HEALTH OFFICE; PRESCRIBING PROCEDURE FOR OBTAINING PERMIT; REGULATING THE KEEPING OF SUCH ANIMALS AND POULTRY UNDER SUCH PERMITS; PROVIDING FOR REVOCATION OF PERMITS; DEFINING CERTAIN TE B; PRE - SCRIBING PENALTY OF NOT TO EXCEED A FINE OF YORE THAN TWO HUNDRED DOLLARS ($200) FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING MANNER OF PUBLICATION AND EFFECTIVE DATE OF ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERZWTTE, ESPECIALLY ORDINANCES NO. 2223 AND No. 2256, AND EXEMPTING DOGS FROM THIS ORDI- NANCE AND SPECIFYING ORDINANCE NO. 2079 NOT REREAL.Rn; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, This Council does now determine that it is neces- sary to the interest of Public Health and Welfare to prohibit the ` keeping of certain animals and to regulate the keeping of certain other animals and poultry within the City Limits of the City of Corpus Christi, Texas; - NOW, THEREOFHE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That it is and shall be unlawful for any person, firm, :r corporation to keep, own, maintain, use or have in their possession any rabbits, hares, guinea pigs, horses, mules, donkeys, cattle, goats, sheep, swine, chicken, turkeys, guineas, geese, ducks, or pigeons, within the corporate limits of the City of Corpus christi; except that rabbits, hares, guinea pigs, horses, mules, donkeys, guineas, turkeys, chickens, geese, ducks and homing pigeons may be kept under the conditions hereinafter set forth provided a permit be first ob- tained as hereinafter provided. This ordinance shall not apply to the keeping of dogs as set out in Ordinance No. 2079, which ordinance shall remain in full corce and effect. SECTION 2. Permits as hereinafter referred to, required to be had as a prerequisite to the keeping, owning, maintaining, using, or having in their possession any rabbits, hares, guinea pigs, horses, �0 ?6 mules, donkeys, chickens., turkeys, guineas, geese, and ducks may be obtained by written application and compliance with the sanitary requirements as set forth by the City Health Officer, by filing a written application with the City Health Officer, which application shall affirmatively show that the applicant has facilities for keep- ing such animals or poultry in quarters meeting the standards set by the City Health Officer, which will confine said animals or poultry within limits not closer than one hundred (1000 feet to the exterior limits of any dwelling resided in by any one other than the applicant. No permit shall be issued or be valid if issued for the permitting/or keeping within the City of Corpus Christi upon any premises or within any area within the City of Corpus Christi a c ombined total of more than twelve (12) of the following: rabbits, hares, guinea pigs, , chickens, turkeys, guineas, geese, and ducks; or a combined total of more than two (2) of the following: horses, mules, donkeys, and cattle. Each such permit, unless sooner revoked, shall be valid and effective for not more then twelve (12) months from date of issu- ance thereof. SECTION 3. Before any such permit shall be issued the ap- plicant shell have installed in satisfactory working order a concrete feeding slab connected with a drain to the sanitary sewer system of the City of Corpus Christi; said slab, if to be used in connection with the feeding of any horse, mules, donkey, or cattle, shall be at least ten foot square; and, if for the use of one or more rabbit, hare, guinea pig, chickens, turkeys, guineas, geese, and ducks shall be at least four foot square. All concrete slabs should be kept in a clean and sanitary condition, and washed down at least once each twenty -Four (24) hours. SECTION Q. Permits may be' obtained for the keeping of Antwerp Messenger Pigeons, commonly called carrier or homing pigeons, by fil- ing written application showing the following: - (a) That such pigeons will be confined to closed lofts, and released therefrom only for training and exercise flights, and not allowed to fly at will. (b) That no other breed of pigeons will be kept in the same -2- loft. (c) That said pigeons shall not be raised for any com- mercial or business purpose. (d) Only pigeons banded with seamless identification bands of the type approved by a National Organized Pigeon Association shall be permitted to be kept under any such permit and the number kept in any one loft shall not exceed in number the standard recommended by the Nationsl Pigeon Association. (e) The standards of sanitation for the keeping of pigeons as established by the City Health Officer shall be followed. SECTION 5• Practices to be observed in the keeping of such animals or poultry under this ordinance: Upon the obtaining of such permit from the City Health Officer provided in the preced- ing sections, every keeper shall observe the following practices: (a) The distance between the exterior limits of the place where such animal or poultry are kept and the exterior limits of the nearest dwelling occupied by any person other than the appli- cant, owner, or permit holder, shall be not less than one hundred (1001) feet. (b) The failure of any keeper of any of said animals or _ poultry to comply with the provisions of this ordinance or the sanitation standards and requirements established by the City Health Officer shall be cause for the City Health Officer to refuse to grant a permit for the keeping of such animals or poultry, or, if the per- mit shall have been previously granted to such keeper, shall be cause for the revocation of same. (c) Every keeper of any of said animals or poultry shall con- fine 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 insecticide shall be used as often as deemed necessary by the City Health Officer. (d) Every keeper of any of said animals or poultry shall cause the litter and droppings therefrom to be collected daily in a contain@ er or receptacle of such a type that when closed it is ratproof and fly - tight and after each such collection shall cuuse such container or receptacle to be kept closed. At least once each week, each such keeper sbnll cause all litter and droppings so collected to be disposed of -3- in such a way as not to permit fly breeding. (e) Every keeper of any of said animals shall cause all feed provided therefor to be stored and kept in a rat - proof, fly - tight building, box, container, or receptacle. (f) The premises shall be subject to inspection by the City Health Officer or any of his subordinate at any reasonable hour of the day. SECTION 6. Where the application is for the keeping of animals or Fpultry within the limited number herein set forth, in medical laboratories, and /or educational institutions for medical research, or in veterinarian hospitals for treatment, they shall be kept under the same conditions prescribed by the City Health Officer for such limited purposes without the necessity of compli- ance with the distance and structural requirements herein other- wise set forth. SECTION 7. Wherever in this ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section: Animals or poultry as specifically named herein, by whatever other name they might be called, includes every age and sex of each of the herein named species of enimel or poultry. Keeper or person refers to any person, firm, or corporation owning, and /or actually keeping, having, using, or maintaining any of the animals or poultry herein referred to. Person includes any individual, firm, or corporation. - Permit is any permit granted by the City Health Officer pursuant to power granted to him in this ordinance. Ratproof is state of being constructed so as to effectively prevent entry of rats. Sanitary is any condition of good order and cleanliness which precludes the probability of disease transmission. SECTION 8. Violation of any provisions of this Ordinance by any person, firm or corporation shall constitute a misdemeanor upon conviction of which in the Corporation Court of the City of -4- Christi a fine of not less than Five ($5) Dollara nor more than Two Hundred ($200) Dollars shall be imposed, and each day that such violation continues shall be a separate offense. In case a corpora- tion is the operator of any quipment used in violation of any provi- sions of this ordinance, the president, vice - president, secretary, treasurer, manager, and /or agent or employee operating such equip- ment shall be severally liable for the penalties herein prescribed. SECTION 9. If for any reason any section, paragraph, sub- division, 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 10. All ordinances or parts of ordinances in con- flict herewith shell be and are hereby repealed, and especially re- pealed hereby are the following described ordinances and amendments thereto: (a) Ordinance No. 2223, passed and approved by the City Council on the 17th day of February, 1948, and recorded in Vol. 16, Page 145 of the Ordinance- Resolution Records of the City, (b) Ordi- nance No. 2256 passed and approved by the City Council of the City on the 13th day of April, 1948, and recorded in Vol. 16, page 278 of the Ordinance- Resolution Records of the City. SECTION 11. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the Ordinance and penalty for violation thereof. SECTION 12. The necessity for improving health conditio6s in the City of Corpus Christi including the stricter regulation of the keeping of animals and poultry creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally -5- on the date of its introduction and that such ordinance or resolu- tion shall be read at three several meetings of the City Council and the Mayor, having declared such emergency and necessity to exist , having requested the suspension of said 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, IT IS ACCORDINGLY PASSED AIM APPROVED This the e� isy of July, A.D. 1951. MAWR CITY OF CORPUS CERISTI, 'TEXAS City Secretary VED AS TO LEGAL FDRM: Ci y torney Corpus Christi, Texas TO THE HERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen= For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension 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, I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, JMYCR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack ➢eForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following votes Leslie Yfasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowmaa /L�o -5a 89 7