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<br />ARTICLE 1. IN GENERAL <br /> <br />Page 4 of8 <br /> <br />Premises; <br /> <br />Cross references: Penalty exception, 91-1-5(d). <br /> <br />(5) Herding of Animals along or upon any Public Right-of-way, except by any officer, <br />agent or employee of the federal, State or local government or agency thereof, if such <br />herding is done in the performance of his official duties; <br /> <br />(6) The maintenance of a Kennel in violation of Chapter 4-10. <br /> <br />(b) It shall be a nuisance and unlawful for any person to keep swine within the limits of the City, <br />except for the keeping of swine under direct supervision by and upon the premises of public and <br />private schools, fairs, or livestock shows and with the exception of Miniature pigs, in which case <br />no more than two (2) Miniature pigs (no litters) may be kept as pets in anyone (1) household. <br />Miniature pigs shall be spayed or neutered on or before the age of three (3) months. No adult <br />male Miniature pig may be kept under this provision unless his tusks have been surgically <br />removed. <br /> <br />(c) All Domestic Animals authorized to be kept shall be confined to the Premises of the Owner <br />or custodian of such Domestic Animal, and it shall be unlawful for any person to allow such <br />Domestic Animal to run or fly at large, or go upon the Premises of another person, or to allow <br />any shelter or cage for any animal to be located in violation of applicable Building Setback <br />Lines, as set forth in the Zoning Ordinance. No Domestic Animal, other than a dog or cat, shall <br />be kept within a Front Yard in a one-family ortwo-family Dwelling District as these terms are <br />defined in the Zoning Ordinance. <br /> <br />(d) It shall be a nuisance and unlawful for the Owner or custodian of any Animal which has <br />been killed or died, and which is not intended as food for human consumption, to permit or <br />suffer any such dead Animal to remain upon any Premises. <br /> <br />(e) It shall be a nuisance and unlawful to keep any Livestock within the city limits unless such <br />Animal is kept in a horse lot lot (private or commercial), or other use as authorized in the Zoning <br />Ordinance. For purposes of this subsection, the term "livestock" shall include horses, donkeys, <br />mules, goats, sheep and other Animals of the ox kind or bovine species. <br /> <br />(f) It shall be unlawful to keep more than twelve (12) fowl or poultry, in an area of one-half acre <br />or less, within or adjacent to a location zoned for residential use. <br /> <br />(Code 1960, S 4-2; Ord. No. 5585, S 2, 4-8-86; Ord. No. 5990, S 3,12-15-92; Ord. No. 6591, S 1,4-16- <br />2002) <br /> <br />Sec. 8-2-6. Inhumane treatment. <br /> <br />It is unlawful and a violation of this article to cruelly treat an animal, as defined in Texas Penal <br />Code S 42.09. Upon discovering or being notified by any person that an Animal is or may be cruelly <br />treated as prescribed by Texas Penal Code S 42.09, or successor statute, an Animal Control Officer <br />shall investigate such charges. If probable cause is found for an allegation of cruelty to an animal, then <br />the Animal Control Officer may issue a citation for violation of this ordinance, or refer the matter to the <br />county attorney for prosecution in county court, or seize the animal pursuant to Texas Health and <br />Safety Code chapter 821, or a combination of these. The Animal Control Officer shall follow Texas <br />Health and Safety Code chapter 821 or successor statute, as it relates to hearings, seizure and <br />disposition of such allegedly cruelly treated Animal. The remedies for inhumane or cruel treatment of <br />animals under this ordinance. Texas Penal Code S 42.09, or Texas Health and Safety Code chapter <br />821, are cumulativeand the use of one does not preclude use of another in a given case. <br /> <br />(Code 1960, S 4-3; Ord. No. 5585, S 2, 4-8-86; Ord. No. 6406, S 1, 3-23-99; Ord. No. 6591, S 1, 4-16- <br />2002) <br /> <br />http://library4.municode.com/mcc/Doc ViewI11818/1I113/1151116 <br /> <br />7/28/2006 <br /> <br />r' <br />