§ 14-8. Certain animals restricted.

(a)

Offense. Under this chapter, it shall be unlawful for any person to intentionally or knowingly keep or maintain the following within the city limits:

(1)

One or more hogs, swine or pigs;

(2)

Livestock, rabbits or fowl within 100 feet of a private residence the person has no right to occupy;

(3)

Livestock or fowl within 300 feet of a church, school, hospital or public place where food is sold or consumed;

(4)

Any animal within a public place where food is sold or consumed, except assistance dogs which are permitted in such places under state law;

(5)

Any wild animal; or

(6)

Bees or beehives within 300 feet of a private residence the person has no right to occupy, a church, school, a day care, a nursing home, a hospital, a park or a public place.

(b)

Defense. It shall be affirmative defense to prosecution under subsection (a)(1) of this section if such hog, swine or pig was possessed for the purpose of sale within 24 hours.

(c)

Exceptions. Subsection (a) shall not apply to:

(1)

An animal or its habitat that is part of an exhibit or project, which is operated or conducted solely for educational purposes and maintained by a governmental entity;

(2)

Zoological parks, performing animal exhibitions, or circuses;

(3)

An injured, infirmed, orphaned or abandoned dangerous wild animal while being rehabilitated, treated or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under V.T.C.A., Parks and Wildlife Code subch. C, ch. 43; or

(4)

Fairgrounds consisting of 15 acres or more, owned by a non-profit corporation, and operated for educational events lasting no more than seven consecutive days.

(Code 1967, § 5-7; Ord. No. 2566, § 2, 10-26-78; Ord. No. 3140, § 2, 4-23-81; Ord. No. 5051, § 1, 7-14-88; Ord. No. 8636, § 1, 7-22-99; Ord. No. 9283, §§ 2, 3, 12-13-01; Ord. No. 13,059 , § 1, 12-10-15)