Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

Home Browse Search

(9) Humanely euthanize an animal when an owner no longer wishes responsibility for an animal or believes the animal to be in an ill or injured condition upon the owner signing a waiver,supplied by the animal shelter,allowing the animal to be immediately euthanized if appropriate; (10) Humanely euthanize an animal if it is determined, after the applicable stray hold period,that it cannot be safely rehabilitated and placed back in the community. (g) In any complaint, action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception,excuse, proviso,or exemption contained in this chapter;and the burden of proof of any such exception,excuse, proviso, or exemption shall be on the owner or defendant as an affirmative defense. (h) The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled to under the authority of federal,state,or local law. (i) No person shall interfere in any manner or give false information to the local rabies control authority, local health director,the animal control officers,and other authorized employees of the city in the performance of their duties. (Ord. No. 2008-62, §2, 12-18-08) Sec. 6.004. Use of poisons. No person shall use or otherwise cause to expose any poisonous substance,whether mixed with food or not, so that the substance is liable to be eaten by any animal.This prohibition does not apply on a person's own property to legally available rat poison mixed only with vegetable substances. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.005. Duty of person striking animal. Any person who,as the operator of a motor vehicle,strikes any animal on a public roadway shall,as soon as practicable report the occurrence to animal services or the police department. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.006. Relation to land development code. The keeping of any animal in accordance with this chapter shall not be construed to authorize the keeping of the animal in violation of any zoning rules or restrictions set forth in the city's land development code. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.007. Bird sanctuary. (a) It is unlawful for a person to intentionally trap, hunt, or shoot any wild bird or fowl,or to intentionally destroy the eggs or nests of any wild bird or fowl in the city. (b) It is an exception to the application of this section that the destruction of eggs or a nest occurs as an unintended consequence of an otherwise lawful activity,such as the trimming or clearing of trees or shrubbery. Created: 2022-03-03 11:27:11 [EST] (Supp.No.34,Update 4) Page 10 of 40