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HomeMy WebLinkAbout1975-0976 - Ordinance - 08/14/1975ORDINANCE NO. 976 AN ORDINANCE REGULATING THE BREEDING, SALE, DOMICILARY CARE AND RENTAL OF ANIMALS AND FOWL IN COMMERCE; PRESCRIBING PROCEDURES FOR GRANTING AND REVOKING LICENSES; PROVIDING FOR INSPECTIONS; PRESCRIBING PENALTIES; PROVIDING SEPARABILITY. BE IT ORDAINED by the City Council of the City of College Station, Texas: I. Definition of terms, as used in this ordinance: (a) "Breeder" shall mean any person, firm or corporation breeding for sale, a volume of animals or fowl as set out below. (1) All fowl and those animals having a gestation period of 180 days or less and creating an annual volume of 25 or more such fowl or animals. (2) All animals having a gestation period in excess of 180 days and creating an annual volume of 5 or more such animals. (b) "Retailer" or "wholesaler" shall mean any person, firm or corporation which shall offer for sale or resale any animals or fowl, as defined herein, in a volume of 25 or more such animals or fowl per annum of by product thereof. (c) "Caretaker" shall mean any person, firm or corporation (other than a duly licensed veterinarian in the pursuit of his profession) which shall provide safekeeping, shelter or care of animals or fowl for value received, either for money or services or both, and shall have in his custody 5 or more such animals or fowl at any one time during any one calendar year. (d) "Renter" shall be any person, firm or corporation which shall offer to the public the use or services of any animal or fowl whatsoever. (e) "Animal" shall mean any and all types of animals, both domesticated and wild, male or female, singular and plural, warm or cold blooded. (f) "Fowl" shall mean any and all types of fowl, both domesticated and wild, male or female, singular or plural. II. Any person, firm or corporation falling into one or more of the categories defined in I. (a) thru (d) above shall make application, annually during the month of January or the month in which business was or is to be commenced, for license or relicensing to engage in such endeavor. (a) Said application shall, among other things, call for the name and address of the business and of the owner thereof, the estimated average number of animals or fowl involved, a description, plat and pictures of the structures and facilities to be used for the enclosure of such animals or fowl and method for the disposal of manure and debris incident to their main- tenance and care; the distance to adjacent human occupied structures from the outside boundaries of the structure or enclosure in which such animals or fowl are to be enclosed. OZ592 ORDINANCE NO. 976 Page 2 (b) The application shall be accompanied by a fee in the amount of twenty-five ($25.00) dollars. The funds derived from such application fees shall be used by the City to defray the cost of inspections and other expenses incident to the enforcement of this ordinance. A fee of ten ($10.00) dollars shall be paid for each reinspection required prior to approval. (c) When an application has been filed in due form, the City Secretary shall turn the same over to the City Health Officer who shall inspect the facilities wherein the animals or fowl are to be kept and prepare an opinion as to whether the same are in complaince with the use standards provided by the City Health Officer. (d) The application with the opinion of the City Health Officer attached shall then be submitted to the City Council, which shall then pass on the application. (e) A license shall be valid one year from the date of issuance. The same may be renewed by the filing of a renewal application form with the City Secretary on a form provided by him for that purpose and the payment of a renewal application fee in the amount of twenty-five ($25.00) dollars. (f) The City Health Officer shall periodically or upon written complaint of a police officer or any resident of the City make an inspection to ascertain whether the standards as hereinbefore provided are being observed. If he finds that aforesaid regulations are violated, he shall prepare and file a statement to that effect with the City Secretary. The City Council shall then give ten (10) days notice by publication of a hearing. If after a hearing the City Council finds the aforesaid regulations have been violated, it shall then order the permit cancelled. :err' (g) Youth programs shall be exempt from the $25.00 license fee. III. Any person who violated any provision of this ordinance shall be fined not less than twenty-five ($25.00) dollars nor more than two hundred ($200.00) dollars. Each day that such violation occurs shall constitute a separate offense. IV. If any section of this ordinance is found to be invalid, the same shall not affect the validity of the remaining sections. V. Applicable portions of all city ordinances regarding zoning and care, control, maintenance of facilities, disposal of wastes and all other matters relating to animals or fowl shall also apply to the conduct of such commerce as defined herein. PASSED AND APPROVED this the 14th day of August, 1975. APPROVED Mayor ATTEST i i` City Secret "y ti93