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Sec. 6.076. Estray.
<br /> It shall be unlawful for any person,firm, or corporation to allow an estray(s)to be unattended upon any
<br /> public street, alley,thoroughfare or upon the property of another in the corporate city limits of San Marcos.The
<br /> person,firm, or corporation having ownership or light to immediate control of such estray(s)shall have the burden
<br /> to keep such estray(s)off the public streets, alleys,and thoroughfares or the property of another in the city.
<br /> (Ord. No.2008-62, §3, 12-18-08;Ord. No. 2009-19, §3, 3-31-09)
<br /> Sec. 6.077. Placement and baiting of animal traps.
<br /> (a) At shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting
<br /> of any trap designed for trapping animals in any highway,street, alley or other public place within the
<br /> corporate limits of the city unless specific permission by animal services has been granted. However, nothing
<br /> in this chapter shall prohibit a city enforcement agent from placing such traps on public or private property
<br /> as may be necessary to capture animals running at large.
<br /> (b) It shall be unlawful for any person to remove, alter, damage or otherwise tamper with a trap or equipment
<br /> belonging to,or set out by animal services.
<br /> (c) Residents of San Marcos wishing to trap unwanted animals on personal private property may do so with the
<br /> use of humane cage traps.Traps may be obtained from animal services.Any trapping program must have
<br /> prior written approval of the land manager or owner and notification of activities to the animal services
<br /> manager, or his designee.
<br /> (d) Any traps mentioned in this article found upon public property are hereby declared to be abandoned traps
<br /> and any city enforcement officer is hereby authorized and directed to impound any such trap and process
<br /> the same as abandoned property in accordance with the applicable provisions of this Code.
<br /> (e) It shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting of
<br /> any steel jawed trap (commonly known as a "bear trap," "wolf trap," "leg hold trap,"or"coyote trap")within
<br /> the corporate limits of the city.
<br /> (f) No person shall place any substance or article that has in any manner been treated with any poisonous
<br /> substance in any place accessible to human being, birds,dogs,cats, or other animals with the intent to kill or
<br /> harm animals.This shall include anti-freeze purposely left exposed to poison animals.This section, however,
<br /> does not preclude the use of commercially sold poisons when applied in accordance with the manufacturer's
<br /> directions for such use in that person's residence,accessory structure, or commercial establishment,
<br /> provided that such use does not violate any other section of this chapter, or any other applicable federal or
<br /> state law.
<br /> (Ord. No. 2008-62, §3, 12-18-08;Ord. No. 2009-19, §3,3-31-09)
<br /> Sec. 6.078. Display of commercial permits required.
<br /> (a) All commercial establishments, as defined in this chapter,shall at all times prominently display, in a public
<br /> area, a copy of their current permit(s).
<br /> (b) It shall be a violation for any person who owns, harbors, or possesses an animal that requires a permit, or for
<br /> any holder of a special use permit,to refuse, upon request by the department,to make his/her animal(s),
<br /> premises,facilities, equipment,and any necessary registration(s)or permit(s)available for inspection for the
<br /> purpose of ascertaining compliance with the provisions of this chapter.
<br /> (Supp. No.34,Update 4) Created: 2022-03-03 11:27:12 [EST]
<br /> Page 39 of 40
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