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ORD 1985-28 - Regulate BeekeepingORDINANCE NO. 85 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 4, ANIMALS AND FOWL, TO REGULATE THE KEEPING OF BEES; TO PROHIBIT KEEPING OF CERTAIN WILD ANIMALS, MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 4, Animals and Fowl, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new section 4 -3 that shall read as follows: Section 4 -3. Keeping of Bees. (a) A person commits an offense if he establishes or maintains any hive, stand, or box where bees are kept. (b) It is a defense to prosecution if: (1) the bees are kept over fifty feet from any exterior boundary of the property on which the hive, stand or box is located; or (2) a solid fence or other barrier at least six feet high is installed and maintained along the exterior boundary of the property. (c) Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located and kept within a school or university building for the purpose of study or observation. Section 2: Chapter 4, Animals and Fowl, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of subsection 4 -1(g), as it presently exists, and by the adoption of a new subsection 4 -1(g) that reads as follows: (g) Wild animals: An animal of a species not customarily used as a domesticated pet, but one which would ordinarily be confined to a zoo, a circus, or which would ordinarily be found in the wilderness of this or any other county, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Section 3: Any person, firm or corporation who shall violate any of the provisions of this Chapter, or who shall fail to comply with same shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding two hundred dollars ($200.00). Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: If any provision or part of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to the end all provisions of this ordinance are declared to be severable. Section 6: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this /sr day of uth DeS aw, ity Secretary APPROVED AS TO FORM: Scott Bbu d , ity Attorney OC°�o8.ER , 1985. THE CITY OF HUNTSVILLE By 1 Jan; "`onday, ayor