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Home My WebLink About76-1947 ordORDINANCE NO. 76- 1947 AN' ORDINANCE PROHIBITING THE KEEPING OF Mcr POISONOUS SNAKE, POISONOUS REPTILE, OR WILD ANIMAL WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW, UNLESS A PERMIT FOR THE KEEPING OF SAID ANIMAL IS OBTAIneD,FROM THE DIRECTOR OF PUBLIC SAFETY OF THE CITY OF t?LAI~IVIEW; DESCRIBING THE MANNER AND METHOD OF OBTAINING SUCH PERMIT AND ~{E REQUIREMENTS FOR OBTAINING SUCH PERMIT; PROVIDING FOR CANCELLATION OF SAID PERMIT; PROVIDING FOR APPEAL OF SUCH DECISION; PROVIDING FOR THE SEIZURE OR DESTRUCTION OF POISONOUS SNAKE, POISONOUS REPTILE AND WILD ANI}fALS KEPT WITHIN THE CITY LIMITS OF THE CITY OF PLAINVIEW IN VIOLATION OF THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, it has been brought to the attention of the City Council of the City of Plainview, that poisonous snakes, to-wit, rattlesnakes are being kept within the City Limits of the City of Plainview; that one of such snakes has not been Pound and is at large somewhere within the City of Plainview, creating a danger to the inhabitants thereof; and, WHEREAS, there is not an ordinance of the City of Plainview at this time prohibiting the keeping of said poisonous snakes, nor is there an ordinance prohibiting the keeping; of wild animals which could cause a danger to the inhabitants of the City of Plainview in the event of their accidental escape; and, WHEREAS, the keeping of such dangerous snakes and animals causes an uneasiness on the part of those living in the vicinity of such animals and other inhabitants who know that such are being kept and that they could escape; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU~CIL OF THE CITY OF PLAIN-VIEW: SECTION 1: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the singular shall include the plural, and the masculine includes the feminine. (1) The word "shall" as used herein is alway mandatory and not merely directory. (2) wild animal - any live monkey, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can be found in the wild state, and non-poisonous snakes and non- poisonous reptiles. (3) poisonous snake, poisonous reptile - any snake or reptile th. at is poisonous, including~rattlesnakes, water moccasins, coral snakes, and any other snake or reptile that is known to be poisonous. SECTION 2: It shall be unlawful for any person, association or cc, rporation to keep, harbor, or maintain within the city limits of the City of Plainview, any poisonous snake, poisonous reptile, or wild animal (as defined herein). Provided, h~ever, that if a permit is first had and obtained as provided herein, said poisonous snake, pc, isonous reptile, or wild animal may be kept for scientific or educa- tional purposes. SECTION 3: Any person, corporation, or association wishing to keep any poisonous snake, poisonous reptile or wild animal for scientific or educational purposes shall first obtain a permit to be issued by the Public Safety Director of the City of Plainview after due application has been made as provided herein. SECTION 4: Before any person, corporation, or association shall be issued a permit to keep any wild animal, poisonous snake, or poisonous reptile within the city limits of the City of Plainview, he shall first make application to the Director of Public Safety of the City of Plainview on a form to be furnished hy the~Director of Public Safety of the City of Plainview, giving the information required by this ordinance and such other information as may be required by said Safety Director as necessary to make a determination of whether or not the permit should be issued. SECTION 5: The application to keep said poisonous snake, poisonous reptile or wild animal shall be filed with the Director of Public Safety of the City of Plainview. Said Director of Public Safety shall not approve the issuance of said permit and shall not issue it or cause it to be issued unless he finds and determines that: (1) the keeping of said poisonous snake, poisonous reptile, or wild animal will be maintained within a cage or other enclosure that will prevent -2- the escape of said poisonous snake, poisonous reptile, or wild animal even in the event of a tornado or other such calamity; (2) the keeping of said poisonous snake, poisonous reptile, or wild animal is for scientific or educational purposes; (3) all adequate precautions pertaining to the keeping of said poisonous snake, poisonous reptile, or wild animal will be maintained to prevent its or their escape; (4) the keeping of said poisonous snake, poisonous reptile or wild animal in the vicinity where kept will not cause undue concern to inhabitants of the City of Plainview or to persons of ordinary sensibilities~ (5) the poisonous snake, poisonous reptile, or wild animal will not be kept in any part of -a residential section of the City of Plainview; SECTION 6: Any permit so issued by the Public Safety Director shall be cancelled by him at any time that he finds: (1) that any person, association or corporation to which said permit (as hereinabove provided) has been issued, is maintaining said poisonous snake, poisonous reptile or wild animal within a cage or other enclosure that will not prevent the escape of said poisonous snake, poisonous reptile, or wild animal in the event of a tornado or other calamity which would cause destruction of the property or the cage or enclosure in which the same are kept; (2) that keeping of any poisonous snake, poisonous reptile, or wild animal is not solely for a scientific or educational purpose; (3) that the keeping of said poisonous snake, poisonous reptile, or wild animal is for the pleasure, satisfaction, enjoyment or profit (or any one of said reasons) of the person, association, or corporation keeping or maintaining said poisonous snake, poisonous reptile, or wild animal; (4) that adequate precautions are not being maintained to prevent the escape of said poisonous snake, poisonous reptile or wild animal; -3- (5) that said poisonous snake, poisonous reptile or wild animal is being kept in a vicinity of the City of Plainview where the keeping of same will cause undue concern to inhabitants of the City of Plainview or to persons of ordinary sensibilities; (6) that said poisonous snake, poisonoBs reptile, or wild animal is being kept in a residential section of the City of Plainview. SECTION 7: Any person, association or corporation may appeal any decision of the Director of Public Safety to the City Council of tile City of Plainview. SECTION 8: If any person not having a permit to do so keeps, harbors, or .maintains any poisonous snake, poisonous reptile, or wild animal, within the city limits of the City of Plainview, including rattlesnakes, water moccasins, copperhead snakes, coral snakes or any other poisonous snake or reptile, or wild animal, then the Safety Director of the City of. Plainview may su~narily seize and take possession of' said poisonous snake, poisonous reptile or wild animal, if he can do so with safety, and if he cannot do so in safety, he shall cause the said poisonous snake, poisonous reptile, or wild animal to be summarily destroyed. SECTION 9: Any person who shall violate any provision of this ordinance shall upon conviction thereof be fined in a sum of not more than Two Hundred Dollars ($200.00). SECTION 10: The fact it has been brought to the attention of the City Council that rattlesnakes are being kept within a residential section of the City of Plainview, and that they have on one occasion escaped and that one of such snakes has not been recaptured, all of which creates a danger to the inhabitants of the City of Plainview and consternation to the residents of the neighborhood in which such snakes are being kept and in the vicinity in whic:h said rattlesnake escaped and has not been found, and the fact that the keeping of said snakes and their probability of escape creates a danger and a serious danger to the inhabitants of the City of Plainview, and the fact that the City of Plainview does non have an ordinance dealing with this situation creates an urgent public emergency and necessi, ty that any and all requirements for the reading ~f said ordinance at more than one session of the City Council be waived, and it is therefore ordered that this -4- ordinance shall take effect immediately after its enactment and approval by the Mayor of the City of Plainview. PASSED and APPROVED this the day of .. , A. D. 1976. City Clerk