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

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(e) It is a defense to prosecution under this section that: (1) At the time of the offense the dog or cat was being fostered by the resident,and has a microchip that is registered to the organization responsible for the animal; (2) The dog or cat owner is a nonresident of this city and is keeping the animal in the city for fewer than 30 days; (3) The dog or cat owner has been a resident of this city for fewer than 30 days;or (4) The dog or cat had been abandoned or lost and the temporary custodian has had the animal for fewer than 30 days. (f) Nothing in this section shall be construed as permitting microchipped dogs to run at large. Secs. 6.051-6.059. Reserved. ARTICLE 4. ANIMAL ESTABLISHMENTS Sec. 6.060. Standards for animal establishments. All animal establishments within the city shall be constructed and operate in conformance to the General Design Standards,Specifications,and Operating Procedures for Animal Establishments promulgated by the City of San Marcos Department of Environmental Health,which rules are adopted hereby and made a part of this chapter by reference.A copy of such rules shall be placed on file with the city secretary and a copy shall be maintained by the city health department,which copies shall be made available for inspection by members of the public during the normal business hours of the offices in which they are maintained. In the event of a conflict between such rules and an ordinance of the City of San Marcos or state law then the ordinance or state law shall prevail over the rules. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.061. Animal exhibitions. (a) All animal exhibitions,except those held at the county exhibition facilities,shall, in addition to other requirements of this chapter,comply with the minimum standards of this chapter.All of the exhibition facilities shall be subject to inspection by the animal service manager, or his designee, upon his request during reasonable hours. Exhibitions held at the county exhibition facilities shall,at a minimum,abide by all existing county rules and regulations.All animal control officers shall have the authority to enforce all applicable rules and regulations as such apply to the county exhibition facilities. (b) The presenter of an animal exhibition must contact San Marcos Animal Services at least seven days before the performance or display and provide dates,times, and exact location of each performance or display. (c) It shall be a violation for any person who owns, manages,or represents an animal exhibition that requires a permit or registration to refuse, upon request by the department,to make his/her animal(s), premises, facilities, equipment,and any necessary registration(s)or permit(s)available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.All animal exhibitions must be compliance with all applicable state and federal regulations. Created: 2022-03-03 11:27:11 (EST] (Supp. No.34, Update 4) Page 24 of 40