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• ORDINANCE 2010-10 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING PROVISIONS OF THE <br />THE ANIMAL CONTROL ORDINANCE PERTAINING TO THE <br />REDEMPTION OF IMPOUNDED ANIMALS AND PRIVATE <br />ANIMAL SALES; INCLUDING PROCEDURAL PROVISIONS; <br />AND PROVIDING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The following sections of Chapter 6, Animals, of the San Marcos Code of <br />Ordinances are amended as follows (underlining indicates added text; stfilir indicates <br />deleted text): <br />Section 6.030 Impoundment and Redemption <br />(d) Redemption of impounded animals: <br />(5) °e? If an animal is impounded for the second time by an Animal Control <br />Officer for violating this chapter and the animal has no other form of identification on it and the <br />owner cannot prove that the animal has been previously microchipped, then the owner must <br />purchase a microchip at the city's cost before the animal may be released from the Animal <br />Services Facility. The identification number provided by the microchip, shall be maintained on <br />file at the Animal Services Center or with a nationally recognized registry, for future <br />identification purposes <br />Section 6.064. Private Animal Sales. <br />It shall be a violation for any person to offer, sell, trade, barter, lease, rent, give away, or display <br />any live animal, on any roadside, public right-of--way, commercial parking lot, or any flea <br />market. This provision does not prohibit the sale or purchase of animals from a person's private <br />residence. <br />SECTION 2: If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 3: All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br />SECTION 4: This ordinance shall become effective upon adoption on second reading. <br />9