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<br /> 128 <br /> ORDINANCE 1991 - 11 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS, AMENDING SECTION 3-4Ø OF CHAPTER 3, <br /> ANIMALS .AND FOWL OF THE SAN MARCOS CODE OF <br /> ORDINANCES, TO INCLUDE "HANDLER" IN SUBSECTIONS (B) <br /> AND (C) ~ PROVIDING FOR SEVERABILITY~ REPEALING ALL <br /> CONFLICTING ORDINANCES~ PROVIDING A PENALTY~ <br /> PROVIDING FOR PUBLICATION~ AND DECLARING AN <br /> EFFECTIVE DATE. <br /> WHEREAS, the City Council of the City of San Marcos <br /> adopted Ordinance 199Ø-87 amending Chapter 3, Animals and <br /> Fowl, of the San Marcos Code of Ordinances on November 26, <br /> 199Ø~ and, <br /> WHEREAS, the Police Department has requested that <br /> Section 3-4Ø be amended to include "handlers" of animals in <br /> regulations pertaining to the required restraint of animals~ <br /> now, therefore, <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br /> SAN MARCOS, TEXAS: <br /> SECTION 1. That subsections (b) and (c) of <br /> Section 3-4Ø of Chapter 3, Animals and Fowl of the San <br /> Marcos Code of Ordinances are amended to read as follows: <br /> Sec. 3-4Ø. Restraint of dogs: public nuisance animals. <br /> (b) No owner or handler of an animal shall fail to <br /> exercise control over such an imal to prevent it from becoming <br /> a public nuisance. <br /> (c) No owner or handler of a dog or cat in heat <br /> shall fail to confine the animal in a building or secure <br /> enclosure that prevents any contact between the animal and <br /> any other animal except for planned breeding. <br /> SECTION 2. That if any ,.¡ord, phrase, clause, <br /> sentence, or paragraph of this ordinance is held to be <br /> unconstitutional or invalid by a court of competent <br /> jurisdiction, the remaining provisions of this ordinance <br /> shall remain in effect as if the unconstitutional or invalid <br /> portion had not been adopted. <br /> SECTION 3. That all ordinances and resolutions or <br /> parts of ordinances or resolutions in conflict herewith are <br /> hereby repealed. <br /> SECTION 4. That any person violating any provision <br /> of this ordinance shall be deemed guilty of a misdemeanor and <br /> upon conviction shall be subj ect to the penalty provided in <br /> Section 1-5 of the San Marcos Code of Ordinances. <br /> SECTION 5. That this ordinance shall be in full <br /> force and effect ten (lØ) days from and after its passage, <br /> and it shall be published in a newspaper of general <br /> circulation in the area as required by the Charter of the <br /> City of San Marcos, Texas. <br /> PASSED AND APPROVED on first reading February 25, 1991. <br /> PASSED AND APPROVED on second reading March 11, 1991. <br /> PASSED, APPW~D ~ AOOPTED~ arch 25. 1991. <br /> Kat Mor'r~ <br /> Mayor <br /> 1:~.ø::ff~ ~'~ <br /> f). <br /> anis K. 0 a' Mark B. Taylor <br /> City Secretary City Attorney <br /> PUBLISHED IN THE SAN MARCOS DAILY RECORD, THURSDAY, MARCH 28, 1991. <br />