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07-B Adding Sec 5-20 for limitation on number of dogs and/or cats DRAFT F:ATTORNEY\ORDWORKICURRENTI Dog & Cat Restriction Ord October 3, 2006 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING SECTION 5-20 TO CHAPTER 5, ANIMALS AND FOWLS, PROVIDING FOR A LIMITATION ON THE NUMBER OF DOGS AND/OR CATS PER HOUSEHOLD WITHIN THE CITY LIMITS OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has been made aware of complaints and problems associated with owning, possessing, or keeping a large number of dogs and/or cats within the city limits of the City of Paris which have resulted in noise, foul and offensive odors, or unsanitary conditions, which have adversely affected the health and safety of both citizens of the City of Paris and of the dogs and cats; and, WHEREAS, these complaints and problems involve noise, excessive, loud, or continuous barking, odors, unsanitary conditions and the health of the dogs and/or cats; and, WHEREAS, the above complaints and problems associated with owning, possessing, or keeping a large number of dogs and/or cats affect neighbors, people living in the vicinity of such dogs and/or cats, and the citizens of the City of Paris, and as a result of said complaints animal control officers and police officers of the City of Paris have been called to and have responded to said complaints; and, WHEREAS, in order to maintain and protect the health, safety, and welfare of the citizens of the City of Paris, the City Council of the City of Paris desires to limit the number of dogs or cats that a person may own, possess, or keep within the city limits of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby amended by adding Section 5-20 to read as follows: "Sec. 5-20. Limitation on the number of Dogs and Cats. (a) Limitation on number. It shall be unlawful for any household to own, possess, keep, harbor, shelter, or maintain more than eight (8) dogs or eight (8) cats or any combination of eight (8) dogs or cats within the city limits of the City of Paris, Texas. (b) Exceptions. This ordinance shall not apply to a veterinary clinic, animal hospital, commercial kennel, a pet shop, legitimate animal breeder or hobbyist that is registered with the American Kennel Club or other similarly recognized kennel club, a research institution or qualified researcher, performing animal exhibition, the City of Paris Animal Control facilities, or to a litter of more than eight (8) dogs or cats who are under six (6) months of age. (c) Permit to exceed number. Any household, not excepted under the previous paragraph, who desires to own, possess, keep, harbor, shelter, or maintain more than eight (8) dogs or eight (8) cats or any combination of more than eight (8) dogs or cats, shall apply to the Animal Control Division of the Paris Police Department for a permit. Upon receiving an application for a permit, an inspection team consisting of a City of Paris Animal Control Officer, a Lamar County/City of Paris Health Department Inspector, and a member of the Lamar County Humane Society shall inspect the premises and facilities involved to determine that the premises and facilities consist of sufficient size for each animal and for all of the animals, that adequate food and water exists, that the premises and facilities are free from foul and offensive odors, and that sanitary conditions exist. A permit shall be issued by the Chief of Police of the City of Paris if the inspection reveals that the conditions are sufficient to ensure that the premises, facilities, and animals will not result in a nuisance. The premises and facilities shall be subject to inspection during normal business hours or upon a complaint. The Chief of Police of the City of Paris shall have the authority to revoke any permit issued under this section, upon sufficient inspection and investigation that a nuisance exists." Section 3. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction shall be punished as provided in Section 1-6 of the Code of Ordinances ofthe City of Paris, Texas, and each and every day's continuation of any violation of this ordinance shall constitute and be deemed a separate offense. Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. That this ordinance shall be effective January 1,2007. T