Ord 1979-032 - Laserfiche WebLink

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fraction thereof that such dog is kept in the dog pound; providing, further, that in the event such dog shall not be claimed and the above fees paid, such dog shall be disposed of as provided in this Chapter. SECTION 4. That Section 3-20, entitled "Running At Large", of 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"Dogs" of Chapter 3, entitled "Animals and Fowl" of the Code of Ordinances of the City of San Marcos, Texas, hereby repealed. SECTION 5. That a new section 3-20, be, and is hereby, substituted for said repealed section, to read as follows: I: Section 3-20. To Be Kept Under Physical Restraint. Except when a dog is under the immediate personal supervision and command of its owner or handler, every dog shall be kept physically restrained from leaving the premises of the owner or handler of such dog. Under either of the following cir- cumstances, employees of the city as designated by the city manager are hereby authorized and empowered to enter upon any land or premises and to take up and impound any dog which is not then and there under the immediate personal supervision and command of its owner or handler, and which is not then and there being kept physically restrained from leaving the premises of its owner or handler: (a) when the safety of any human or the safety of other animals is being jeopardized by such dogs; or I (b) when such dog is being pursued by employees of the city as designated by the city manager who began such pursuit when such dog was not under the immediate personal supervision and command of the owner or handler of such dog and was not being kept physically restrained from leaving the premises of its owner or handler; or (c) when a sworn complaint has been filed in any court of competent jurisdiction charging the owner or handler has not kept such dog physically restrained from leaving the premises of such owner or handler when such dog was not under the immediate supervision and control of its owner or handler; provided, that this subsection shall not be construed as requiring such a complaint in order to enforce the other provisions of this section. 1 SECTION 6. That 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Chapter 3, entitled "Animals and Fowl" of the Code of Ordinances of the City of San Marcos, Texas, be, and is hereby, repealed.