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1286 ORD REGULATING KEEPING AND HARBORING OF LIVESTOCK, ETC WITHIN LIMITS OF COPa As • • ORDINANCE N0. -21 C9 (P . AN ORDINANCE REGULATING THE KEEPING AND HARBORING OF LIVESTOCK, HaGS, FOWLS, GUINEA PIGS AND RABBITS WITHIN THE LIMITS OF THE CITY OF PARIS; PRESCRIBING SANITARY CONDITIONS AND REGULATING ZHE LJCATION OF PENS AND ENCLOSURES FOR LIVESTOCK, HOGS, FOWLS, GUINEA PIGS AND RABBITS: PROVIDING FOR THE IMPOUNDING AND SALE OF LIVESTOCK RllNNING AT LARGE; PROVIDING A PENALTY; REPEALING ALL LAWS AND PARTS OF LAWS IN OONFLICT HEf3E6'VITH. BE IT ORDAINED BY "!NE CITY COUNCIL OF THE CITY OF PARIS: ARTICLE I - LIVESTOCK Section 1. It shall be unlawful for the owner, keeper, or person in charge of any horse, mule, jack, jenney, cow, cattle, sheep, goat or similar animal to allow or permit the same to run at large within the limits of the City of Paris. SECTION 2. IMPOUNDING. The Chief of Police shall take up or cause to be taken up any such animals foeand running at large within the limits of the City of Paris, and shall impound any such animals in a suitable place, and he shall within three (3) days after such animal has been impounded post three notices, one at the County Courthouse, one at the City Hall and one at the place where such animals shall be impounded, giving therein a full description of such animals so taken up and impounded and stating a day and place of sale of such animals, which date shall not be less than five (5) days from the date of the posting of such notice, and any such animals shall be sold at public auction to the highest bidder for cash. Upon the consummation of any such sale, the Chief of Police shall pay over such monies to the City Clerk, from the proceeds of which the City of Paris shall collect a fee of one dollar and fifty cents ($1.50) per head for taking up and impounding each such animal and fifty cents ($.50) per day for feeding and taking care of each such animal, and one dollar ($1.00) per head for selling each such animal. After deducting the fees and charges for impoundingo keeping and selling each such animal, the City of Paris shall pay over the balance of the proceeds of such sale, if any, to the owner thereof upon request from said owner at any time within six (6) months after the date of any such sale. The owner of any animal impounded may reclaim the same from the city at any time before sale by paying all fees and expenses of taking up and keeping such animal. In the event that there are no bidders or buyers of and for any such animal at any public auction held in accordance with and pursuant to the foregoing provisions, the Chief of Police shall have the authority and right to order and direct the immediate destruction of any such animal by any humane process and to make the necessary arrangements for the destruction of the dead carcass by any means. SECT~„ION~3. STAKING AND GRAZING. It shall be unlawfut for any person to stake aiy Iive animal for the-purp"e u#--grazing upon or +4t-hi:n reach of any pub3tc ,S. s't,r~t.,, _6JSewa1k or park within the limfts of the Cit~+ of Paris. , n~ . . _ . , SECTION 4. From and after the effective da'te o~ this ordinance, it shall be unlawful for any person$ firm, corporation or association of persons to main- tain, own or control any premises within the city limits of the City of Paris where more than an aggregate of two head of the animals mentioned in Section 1, above, are kept or harbored in one enclosure. "One Enclosure", as that term is used herein, shall be held to mean any and all connected buildings, whether under one roof or otherwise, and buildings and sheds which may have entrances to the same or adjoining lot or lots, and lots, adjoining lots, or lots with a gateway or other opening between them. Provided, however, that in cases where any "One Enclosure", as that term is herein used and defined, embraces an aggregate of more than one-half acre of land, for each one-half acre embraced in such enclosure in excess of one-half acre one additional head of the animals mentioned in Section 1, abovet may be kept or harbored in such enclosure. _7 .vA t,c311p,v.L0iy }iciiuu5 UT zime, f10L ZO exceea ~It]ays9 awaizing their use in connection with the operation and maintenance of such packing house or similar institution or their sale at such auction or commission sale barn; . _ , at such auction or commission sale barn; nor shall the same be construed to prohibit any person,., firm or corporation from keeping more than two such animals at such place of business or institutiong for a temporary period of `time, not to exceed a maximum of thirty (30) days, for experimental, demonstra- tion or exhibition purposes only; provided, however that any such persong firm or corporation keeping or harboring such animals for such temporary periods of time for the purposes mentioned in this section shall and must strictly comply with the provisions of Section 6, below. SECrJQN 6. Every horse, mule, jack, jenney, cow, cattle, sheep, goat or similar lanimal shall be kept within a suitable pen or enclosure, every part of which shall be situated not less than Fifty (50) feet from any inhabited dwelling; ;provided, that this distance requirement shall not apply to the dwelling of the owner of any such animal or animals. All pens, barnsg lots or enclosures 'wherein such animal or animals are kept shall be maintained and keptin such a manner as not to become unsanitary, offensive or disagreeable to persons residing in the vicinity thereof, nor shall they be so maintained or kept as to breed flies or in any manner cause any injury to the health of the public or any person residing in the vicinity of said pen or enclosure. ART,~CLE ~I HOGS 'CT ON It shall be unlawful for any person$ firm, corporation or aseocia- tion of persons to keep, raise or harbor hogs or swine within the corporate limits of the City of Paris. „5g,,,llON 2. The provisions of this ordinance shall not be construed to pxohibit- ing any persons firm, corporation, or association of persons engaged in operating ony packing house, auction or commission sale barn, or other similar institutions, aocated within a"C.ommercial District" or an "Unrestricted District". as ;designated and defined by the zoning ordinances and zoning map of the City of ;Paris, from keeping hogs or swine at such place of business for a temporary period of time, not to exceed a maximum of seven (1) days, awaitin9 their use in connection with the operation and maintenance of such packing house or auction or commission sale barn, or similar institution, or their sale at such auction or commissionsale barn; nor shall the same be construed to prohibit any persong firm, corporation or association of persons from keeping hogs for a temporary period of time in a pen or other enclosure located upon property and premises +within a"Commercial District", or an "Unrestricted District" as designated by the zoning ordinances and zoning map of the City of Paris, for experimental, demonstration or exhibition purposes only; provided, however, that any such person, firmt corporation, or association of persons keeping hogs or swine for a temporary period of time for the purposes mentioned in this section shall and 'must strictly comply withall the requirements and provisions of Section 3, below.. CT~, All pens and enclosures wherein hogs or swine are kept in a "Commercial District" or an "Unrestricted District" for one of the purposes mentioned in Section 2 aboveg shall be maintained and kept in such a manner as not to become unsanitary, offensive or disagreeable to persons engaged in busi- ness or residing in the vicinity thereof, nor shall be so maintained as to breed flies or in any manner cause any injury to the health of the public or any person doing business or residing in the vicinity of said pen or enclosure. ARTICLE II,L - FOW1S RUNNING AT LARGE. It shall be unlawful for any person raising or ' eeping chickens, turkeysv geese, guineas, ducks, pigeons or other fowl to 'permit or allow the same to run at large or be at large within the limits of ithe City of Paris. SECTLON Z. It shall be the duty of every person raising or keeping chickenst turkeys, geese, guineasv ducksg pigeons or other fowlg to keep them in a pen, coop or enclosure, everypart of which shall be sitated not less than fifty (59) feet fromm any inhabited dwelling; provided, that this distaWrequirement Shail not be applied to the dwelling of the owner of ang,:such fowls. Any stich pe:p„ coop, or other enclosure shall and must at all times be kept in a sanitary conditiont and shall also be kept in such manner as will be reasonably calcu- lated not to be or become offensive to an adjacent property owner or to the public. • • • • ARTICLE IV - GUINEA PI(3S AND RABBITS It shall be unlawful for any person, firm or corporation, raising or keeping any guinea pigs or rabbits on any property within the corporate limits of the City of Paris, to keep or harbor any such guinea pigs or rabbits in any pen, coop, lot, or other enclosure, any part of which is located within fifty (50) feet of any inhabited dwelling; provided, that this distance requirement not be applied to the dwelling or residence of the keeper or owner of any such rabbits or guinea pigs. Any such pen, coop, lot or other enclosure, shall and must at all times be kept in a sanitary condition, and the same shall also be kept in such manner as will be reasonably calculated not to be or become offensive to any adjacent property owner, resident, or to the public. 0 • • • ART E V- GENERAL PROVISIONS .SECTIO_N 1. The term "person". as used herein shall be construed to include ';both singular and plural and shall mean and embrace any individual, corporation, ''associationt partnership or society, and their agents, servants and employees. &Cj,ION 2_ It shall be the duty of the City Health Officer to enforce all health and sanitary measures contained in this Ordinance. ; F~GTION 3. Suckling calves, colts and other suckling animals under six months ~W age kept in enclosures with its or their natural mother shall not be included ;in any count of the number of animals which may be harbored orkept within any !pen, barng lot or enclosure, r ~ under the terms and ;provisions of this ordinance. CTION 4. A11 ordinances or parts of ordinances in conflict wn th the provi- ?sions of this ordinance are hereby repealed. ;§ECTI~ON5. In case any Section, clause, sentencet paragraph or part of this `brdinance shall for any reason be adjudged bynany Court of competent ox final ,jurisdiction to be invalid such judgment shallnot affect, impair or invalidate any of the reraainder of this ordinance, but shall be confined in its operation to the Sectiong clausev sentence, paragraph orpart thereof directly he2d to be 4nvalid and to the particular facts upan which such holding is madeo ECTION 6. PENALTY. Any person, firm, corporation or association of persons ~violating any provision of this ordinance shall be deemed guilty of a misde- ';jneanorl9and upon conviction shall be fined in any sum not exceeding TWO HUNDRED ~)OLLARS ($200.00). Each day's violation of this ordiance shall constitute a 'peparate offense. ' ECTION 7. This Ordinance shall become effective on the 15th day of JUNE A. D.t 1953. iPASSED AA1D APPROVED this 25th day of MAY ~ A. Do, 1953. 1~6r of the City of Paris, Texas. tim ~TTESTz City Clerk. ~