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175 ORDINANCE NO. 1979-32 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING DIVISION I, ENTITLED "GENERALLY" OF ARTICLE II, ENTITLED "DOGS" AND SECTION 3-46, ENTITLED "FEES", OF ARTICLE III, ENTITLED "IMPOUNDMENT OF ANIMALS", OF CHAPTER 3 ENTITLED "ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF SAN MARCOS, TEXAS, BY DEFINING "DOG" AND "OWNER"; BY EXPANDING THE DEFINITION OF "AT LARGE"; BY SPECIFYING WHEN A DOG MUST BE PHYSICALLY RESTRAINED FROM LEAVING THE PREMISES OF THE OWNER OR HANDLER; BY SPECIFYING WHEN DOGS MAY BE IMPOUNDED AND BY WHOM; BY ESTABLISHING NEW FEES FOR IMPOUNDED DOGS AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Division I, entitled "Generally", of Article II, entitled "Dogs", of Chapter 3, entitled "Animals and Fowl", of the Code of Ordinances of the City of San Marcos, Texas, be, and is hereby, amended to include Section 3-16 which shall be entitled "Definitions" and shall read as follows: Section 3-16. Definitions. I For the purposes of this division the follow- ing words and phrases shall have the meanings respectfully ascribed to them by this section: ta) At Large. Off the premises of the owner and not under the control of the owner or a member of his immediate family either by leash, cord, chain or otherwise; and the wearing of a muzzle by a dog shall not be regarded as control under this definition. (0) Dog. Both male and female dogs tc) Owner. Any person owning, keeping or harboring a dog. SECTION 2. That Section 3-18, entitled "Female dogs in heat prohibited", of Division 1, entitled "Generally", of Article II, entitled "Dogs" of Chapter 3, entitled "Animals and Fowl" of the Code of Ordinances of the City of San Marcos, Texas, be and is hereby, repealed. I SECTION 3. That a new Section 3-18, with the same title, be, and is hereby, substituted in place of said repealed section, to read as follows: Section 3-18. Female dogs in heat prohibited. It shall be unlawful for any female dog, whether licensed or not, to run at large on the streets of the city while in heat. Any such dog that shall be found running at large while in heat shall be placed in the dog pound by the poundmaster or the duly authorized representative of the poundmaster; provided, however, that the owner or keeper of such dog may reclaim the same at any time by paying an impound- ing fee of five dollars ($5.00) and an additional fee based on the existing kennel fee charged in this area for each day or