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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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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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10/25/2023 3:10:09 PM
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6/21/2023 9:49:08 AM
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Approving
Number
2022-96
Date
3/21/2023
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Animal dealer means any person, partnership or corporation engaging in the business of buying,selling or <br /> trading animals to others; including, but not limited to,sales of any animal at a roadside stand, booth,flea market, <br /> or other temporary site.This definition does not include nonprofit animal shelters, rescue groups,or government <br /> operated animal shelters. <br /> Animal establishment means any facility or business that has custody or control of animals including, but not <br /> limited to, pet shops, pet grooming facilities, or commercial kennels.This term does not include veterinary or <br /> medical facilities, research or other facilities licensed by governmental agencies. <br /> Animal exhibition means any exhibition or act featuring performing animals, including circuses,temporary <br /> animal exhibits, petting zoos and private zoos.Such exhibitions shall not include resident or nonresident dog and <br /> cat shows,and other animal shows sponsored or sanctioned by Hays County held at the Hays County Exhibition <br /> Center. <br /> At large means an animal(excluding sterilized cats)that meets one of the following criteria: <br /> (1) On premises of owner:Any animal not confined to the premises of the owner by some physical means <br /> of sufficient height,strength, length,or manner of construction to preclude the animal from leaving <br /> the premises of the owner.Any animal being contained by a fence that, because of the fence's lack of <br /> height or general disrepair,cannot properly restrict the animal,shall be considered at large. <br /> (2) Off premises of owner:Any animal which is not physically and continually restrained by some person <br /> by means of a leash or chain of proper strength and length that precludes the animal from making <br /> unsolicited contact with any person,their clothing,their property,or their premises. <br /> (3) The term shall not include dogs that are within the boundary of any city owned or sanctioned dog park <br /> with the owner or caretaker present. <br /> Animal welfare organization means a duly incorporated nonprofit organization that has tax-exempt status <br /> under section 501(c)(3) of the United States Internal Revenue Code whose mission is in whole or significant part <br /> devoted to the welfare, care and adoption of stray, abandoned or surrendered animals and which does not breed <br /> animals. A person shall not be considered an animal welfare organization if the person obtains animals from a <br /> breeder or broker in exchange for payment or compensation or resells animals obtained from a breeder or broker <br /> and provides payment or compensation to such breeder or broker. A person shall not be considered an animal <br /> welfare organization if the person auctions, barters, displays for sale, offers for sale, gives away or sells animals; <br /> however, an animal welfare organization may accept an adoption fee that does not exceed the cost of boarding, <br /> feeding and care of the animal being adopted. <br /> Auction means any place or facility where animals are regularly bought,sold or traded,except for the <br /> facilities otherwise defined in this chapter or state law.This term does not apply to individual sales of animals by <br /> private owners. <br /> Bite means any puncturing or tearing of the skin by an animal's teeth that could result in the exchange of <br /> blood and saliva. <br /> Breeder means a person who sells,exchanges or otherwise transfers only animals that were bred or raised,or <br /> both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction. <br /> Cat means any cat(Felin Catus). <br /> Cats and related terms are defined as follows: <br /> Ear tipping means a technique for painless removal of a quarter-inch off the top of a cat's left ear by a <br /> licensed veterinarian,while the cat is anesthetized for sterilization,for the purpose of permanently identifying a <br /> cat as sterilized. <br /> Feral cat means any cat which is too poorly socialized to be handled(and therefore must be trapped and <br /> sedated for examination)and cannot be placed into a typical pet home. <br /> Created: 2022-03-03 11:27:11 [EST] <br /> (Supp.No.34,Update 4) <br /> Page 2 of 40 <br />
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