Animals

Note: For state law relating to animals and fowl generally, see VACS arts. 180 to 192-3.
As regard strays, see VACS arts. 6911 et. seq. For state law relating to cruelty to animals, see VAPC § 42.11.

 

Article. 1 Animals: Licensing; Regulation

 

Section 9-1. Definitions.

(a) Animal shall mean any living vertebrate creature or invertebrate creature including but not limited to mammals, reptiles, fish and fowl, but specifically excluding human beings.

(b) Wild Animal shall mean any poisonous or dangerous reptile, or any other animal which can normally be found in the wild state, not normally capable of being domesticated, including, but not limited to: skunks, foxes, raccoons, leopards, panthers, cougars, tigers, lions, lynx, ferrets, and opossums, unless certified for medical, biological, herpetological, or other scientific research or study.

(c) Vicious Animal shall mean any individual animal of any species that has on two (2) previous occasions, without provocation, attacked or bitten any person or other animal; or any individual animal which the Supervisor of Animal Control has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.

(d) Animal Control Officer shall mean any person designated by the City Council to enforce the provisions of this code.

(e) Small Livestock shall mean all types of domesticated swine, sheep and goats.

(f) Large Livestock shall mean any member of the domesticated equine family, including horses, ponies, mules, donkeys and burros, and all members of the domesticated bovine family, including but not limited to bulls, cows and steers.

(g) Owner shall mean any person or group of persons living in the same household, firm or corporation having title to or custody of any animal, or any person who has, harbors, keeps, or causes or permits to be harbored or kept an animal in his care or custody, or any person who feeds an animal for seven (7) days, or who allows an animal to remain on or about his premises for ten (10) days.

(h) Supervisor of Animal Control shall mean the person designated by the Mayor to supervise all aspects of animal control.

(i) Running at Large shall mean not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is on a secured leash or chain not more than twenty (20) feet in length, or held in the hands of the owner or keeper, or under the direct supervision of the owner or keeper within the limits of the owner’s private property.

(j) Animal Control shall mean the animal control section of the City of White Deer.

(k) Commercial Stable shall mean any facility where a fee is charged to house, pasture or rent horses or other livestock.

(l) Kennel shall mean any authorized commercial establishment where three (3) or more dogs over the age of four (4) months or eleven (11) or more dogs under the

age of four (4) months are kept for breeding or boarding purposes, except Veterinary facilities.

(m) Cattery shall mean any authorized commercial establishment where three (3) or more cats over four (4) months of age or eleven (11) or more cats under four (4) months of age are kept for boarding or breeding purposes, except Veterinary facilities.

(n) Restraint, an animal shall be deemed restrained when it is:

  1. Confined on the premises of the owner within a building, walled or fenced enclosure, or,
  2. Under the control of a person by a leash, or
  3. On or within a vehicle being driven or parked, or
  4. At heel beside a competent person and obedient to that person’s command. Minors shall not be considered competent persons.

(a) Residence shall mean a building or portion thereof designed and used exclusively for residential occupancy, including one-family dwelling, two family dwelling, and multiple-family dwelling, but not including hotels, motels or lodging houses.

  1. Dwelling, Single-Family: A “single-family dwelling” is a residential structure containing only one dwelling unit and/or occupied by only one family.
  2. Dwelling, Two-Family: A “two-family dwelling” is a residential structure containing two dwelling units and/or occupied by two families.
  3. Dwelling, Multiple-Family: A “multiple-family dwelling” is a residential structure or portion thereof constructed for and/or occupied by three or more families and containing three or more dwelling units.

(a) Business shall mean a building, structure, or portion thereof designed, adapted, or used to engage in commerce, whether for profit or not, if the place of business is or could be open to the general public in the normal conduct of the commercial activity.

Section 9-2. Enforcement of Code; authority to issue citation; interference with animal control officers.

(a) Enforcement of this Code shall be the responsibility of the supervisor of Animal Control and/or any Animal Control Officer.

(b) Any Animal Control Officer or peace officer of the city shall have the authority to issue citations for any violation of this Code.

(c) It shall be unlawful for any person to interfere with any Animal Control Officer or peace officer of the city in the performance of his duties.

 

Section 9-3. Running at large prohibited; number of animals permitted; special restraint required; authority to impound.

(a) It shall be unlawful for any dog, cat or other animal possessed, kept or harbored to run at large.

(b) No owner shall possess, harbor or keep more than a total of four (4) dogs and cats over the age of four (4) months except for a Kennel, Cattery or Veterinary Facility. The limitation of this paragraph as to the number of dogs and cats shall not apply when the premises on which such animals are possessed, harbored or kept is located within a district zoned Agriculture by the City of White Deer Zoning Code.

(c) Fierce, Dangerous or Vicious Dogs. The owner shall confine within a building or secure enclosure, every fierce, dangerous or vicious dog, and. not take such dog out of such secure enclosure unless dog is securely muzzled.

(d) Every female dog or cat in season shall be confined in a building or a secure enclosure or a veterinary hospital or boarding facility, in such a manner that another dog or cat cannot come in contact with it except for controlled breeding purposes.

(e) The Supervisor of Animal Control and Animal Control Officers acting under his direction are authorized to impound such animals running at large, other than a cat and may impound a cat under conditions specified in Section 9-5 (a)2,(b) of this Code.

 

Section 9-4. Animal registration and vaccination required.

(a) Vaccination of dogs and cats required; metal and paper certificates thereof. All dogs and cats over the age of four (4) months must be vaccinated annually or bi-annually as per the pharmaceutical dosing instructions and as mandated by state law for rabies with an anti-rabies vaccine approved by the State Health Department and administered by a veterinarian licensed by the State of Texas. A metal certificate of vaccination with the year of vaccination, a certificate number and the name, address and phone number of the vaccinating veterinarian or veterinary clinic must be securely attached to a collar or harness that must be worn by the dog or cat at all times. In addition to the metal certificate, a paper certificate must be issued stating the name of owner, address of the owner, telephone number of the owner, a description of the animal, the date of vaccination, number of the metal certificate, kind of vaccine used and signed by the administering veterinarian.

(b) Registration procedures and requirements. No owner shall have within the City of White Deer any dog or cat over four (4) months of age unless such dog or cat is currently registered with Animal Control. A current metal registration certificate, issued by Animal Control, must be affixed to the collar or harness and must be worn by the dog or cat at all times. No dog or cat shall be registered until it has a current rabies vaccination. Application for initial issuance or renewal of each registration must be made by the owner, in writing or in person, and must be accompanied by the paper vaccination certificate, and a fee listed on the official fee schedule unless the animal has been surgically sterilized, and proof of such sterilization is provided. The license fee for such surgically sterilized animals shall be listed on the official fee schedule. If the original current registration certificate is lost or destroyed, the owner may obtain a duplicate for a fee listed on the official fee schedule from Animal Control. If there is a change of ownership in a dog or cat currently registered with Animal Control, transfer of registration shall be made upon request of the owner, and there shall be no charge of such transfer.

  1. Fee-exempt registrations may be issued for the following:
  2. Police or Sheriff’s Department dogs (not privately owned)
  3. Dogs trained to assist those with impaired hearing or vision. Eligibility for fee-exempt registration does not relieve the owner of his responsibility under the provisions of this Code.

(c) Denial of registration. The Supervisor of Animal Control may refuse to register a dog or cat or may revoke a registration issued to any person who has been convicted in a court of in the State of Texas, of any of the following:

  1. Cruelty to Animals as defined in the Texas Penal Code Article 42.11, inhumane treatment, or negligence to an animal; and,
  2. Four (4) or more separate and distinct violations of an Animal Control Code of a municipality in the State of Texas within a twelve (12) month period. Any person denied such a registration might appeal the refusal to the Municipal Judge of the City of White Deer. The Municipal Judge shall uphold or overturn the Supervisor of Animal Control’s refusal of registration.

(d) Guard Dogs, special provision. Every person having care or custody of a dog, which has received guard training, must register such dog with the Animal Control Officer. It shall be unlawful for any person having ownership, occupancy or control of any property in the City of White Deer to permit or hire a guard dog to guard such property without such dog having first been registered with the Animal Control Officer pursuant to this paragraph. Any dog, which has received guard dog training, may be destroyed, if necessary, when such dog is running at large. The owner, keeper or person in charge of a guard dog shall be subject to the other provisions of this Code and Section. Registration tags identifying the animal as a guard dog must be worn by such animal at all times, and the animal must be securely muzzled and leashed when not in covered confinement, or fenced, while in actual performance of duties.

 

Section 9-5. Impoundment.

(a) Animals subject to impoundment. The following animals are subject to impoundment.

  1. Cats or Dogs not exhibiting evidence of being vaccinated or registered, as described in Section 4.
  2. Any animal running at large, other than a cat. Provided, however, a cat may be impounded under the conditions specified in paragraph (b) of this Section.
  3. Any animal treated in a manner determined by an Animal Control Officer to be cruel or inhumane.
  4. Any animal that has bitten, scratched or viciously attacked a person, or needs to be placed under observation for rabies, as determined by an Animal Control Officer and as required by the State Health Department.
  5. Any animal in violation of any provision of this Code.

(b) Right of property owner to confine, notification of Animal Control. If any animal named in this Code is found on the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he can notify Animal Control to impound the animal. When so notified, it shall be the duty of an Animal Control Officer to have such animal impounded as herein provided.

(c) Notification of Animal Owner by Animal Control. Reasonable effort shall be made by Animal Control to contact the owner of any animal impounded, which is

wearing current registration and/or vaccination certificates; however, final responsibility for location of an impounded animal is that of the animal owner.

(d) Reclaiming of impounded animals, generally. The owner may resume possession of any animal impounded upon payment of impoundment fees, handling fees, and any veterinary expenses incurred by Animal Control for the welfare of the animal, and upon compliance with vaccination and registration provisions of this Code, except where prohibited in paragraphs e. and f. of this Section 5.

(e) Reclaiming animals impounded on the grounds of suspicion of cruelty or inhumane treatment. Disposition of animals impounded on the grounds of suspicion of cruel or inhumane treatment shall be by the court of jurisdiction.

(f) Reclaiming animals under rabies quarantine: If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from such quarantine.

(g) Designation of place of impoundment. The Mayor shall select and establish a place for impounding all animals impounded under any provision of the Code.

(h) Disposition of unclaimed animals, generally. Any animal except vicious, wild, or unvaccinated bite case animals, not reclaimed by the owners, will be transferred to an appropriate animal facility where the animal may be humanely destroyed by that animal facility, after being held seventy-two (72) hours, except that any animal wearing current registration or vaccination metal certificates shall be held six (6) days prior to disposition.

(i) Disposition of impounded vicious or wild animals. Any vicious animal impounded, unless there is reason to believe such animal has an owner, may be immediately disposed of as deemed appropriate by the Supervisor of Animal Control. Any impounded wild animal, unless such animal is a protected species, may be immediately disposed of in a manner deemed appropriate by the Supervisor of Animal Control. Wild animals that are considered a protected species will be immediately reported to and turned over to the Texas Department of Parks and Wildlife for disposition.

(j) Disposition of nursing baby animals. Any nursing baby animal impounded without the mother, or where the mother cannot or will not provide nutritious milk, may be transferred to the City of Pampa, where it may be immediately euthanized to prevent further suffering of such baby animals.

(k) Adoption of impounded dogs and cats authorized. Any impounded dog or cat not wearing current registration or vaccination certificates may be given up for adoption after seventy-two (72) hours, except those under quarantine. Any impounded dog or cat current registration or vaccination certificate may be given up for adoption after being held six (6) days. If the rightful owner of the animal appears within thirty(30) days off adoption, he may redeem the animal by paying the adoptee all documented expenses incurred, and reasonable board for the animal.

(l) Disposition of animal upon direction of owner. An owner who no longer wants responsibility for an animal, or who believes an animal to be ill or injured, may sign a written waiver, supplied by Animal Control, allowing the animal to be euthanized in a humane manner; provided that such warm blooded animal has not bitten any human. Such animal that has bitten shall be held for ten (10) day quarantine except where laboratory examination is provided for.

(m) Disposition of injured or ill animals. Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a non-profit humane organization for the purpose of veterinary medical care, as determined by the Supervisor of Animal Control.

 

Section 9-6. Impounded Fees: adoption procedure for dogs and cats.

Impoundment fees generally. Impoundment fees for each impoundment within a twelve-month period shall be rates listed on the official fee schedule.

(a) If proof of surgical sterilization is provided within fifteen (15) days from the date an animal is released, the difference in impoundment fees between altered and unaltered animals shall be refunded. Dogs and cats under the age of six (6) months shall be charged the same impoundment fee as sterilized animals. Animals may be exempted from sterilization upon written recommendation from a veterinarian licensed to practice in the State of Texas that such sterilization would be harmful or dangerous to the animal; owners of such animals will be subject to the lower impoundment fee.

(b) Animals not listed hereinabove shall be disposed of at the discretion of Animal Control. Any animal impounded more than four (4) times in a twelve (12) month period will not be released to the owner without written approval of the Supervisor of Animal Control. Impoundment for such animal will be double the highest listed fee on the official fee schedule.

(c) Daily handling fee. A daily handling fee shall be charged for every day or fraction of a day that an animal is held at the Animal Control Facility.

(d) Quarantine Fee. The owner of any animal held in quarantine for observation purpose, shall be charged a fee listed on the official fee schedule for every day or fraction of a day the animal is held at the facility; this fee is in addition to any impoundment fee.

(e) Adoption procedures:

  1. An individual may adopt an animal (dog and cats only) from the city animal shelter under the following conditions:
  2. The Supervisor of Animal Control has classified the animal as adoptable.
  3. The prospective adopter has proper facilities to care for the animal.
  4. The prospective adopter obtains all necessary vaccination and registration, and,
  5. The adopter shall pay an adoption fee of ten ($10.00) dollars.
  6. The purchaser of any dog or cat must have it vaccinated, and obtain a city license within thirty days after purchase.
  7. The supervisor of Animal Control may refuse to allow a person to adopt an animal whom he has reason to believe:
  8. Would not be able to obtain a registration certificate under the restrictions of this Code;
  9. Would not provide that the adopted animal is spayed or neutered within 30 days of adoption.
  10. Would not have proper facilities to contain or care for the animal as required by this Code;
  11. Wants the animal for resale or purpose other than pet ownership.

 

Section 9-7. Animal Quarantine.

(a) Authority to Quarantine. The Supervisor of Animal Control shall have the authority to order quarantine of animals responsible for biting incidents, or suspected of having any zoonotic disease considered to be a hazard to the human or animal population.

(b) Animals subject to quarantine; conduct of quarantine. Every animal that bites a human or attacks another animal in an unnatural manner, or has rabies or any other zoonotic disease, or is under suspicion of having rabies or any other zoonotic disease, shall be immediately confined by the owner, who shall promptly notify Animal Control or an Animal Control Officer of the place where such animal is confined and the reason there for. The owner shall not permit such animal to come in contact with any other person or animal. The owner shall surrender possession of such animal to Animal Control on demand for supervised quarantine. Supervised quarantine shall be at the Animal Shelter, or a veterinary hospital, or by any other method of adequate confinement approved by the Supervisor of Animal Control. The quarantine shall be not less than ten (10) days and shall be under the supervision of a licensed veterinarian, who shall submit to Animal Control reports on the quarantined animal’s physical condition on the first, fifth and tenth days immediately following the date of bite incidents, or any of the other above enumerated purposed for quarantine. A release from quarantine may be issued if no signs of rabies or other diseases have been observed during the quarantine period. Any animal quarantined other than at the Animal Shelter shall be observed by the same veterinarian throughout the entire quarantine period in the manner as outlined above, and the owner and veterinarian shall immediately notify Animal Control as to the veterinarian and location of quarantine. If the Supervisor of Animal control orders quarantine other than in the Animal Shelter or a veterinary hospital, the owner shall be responsible for confining the animal. He shall also be required to obtain the same veterinary supervision of the animal and release from quarantine as would be required in a veterinary hospital or at the Animal Shelter.

(c) Violation of Quarantine, cause for seizure and impoundment. The violation of Quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by Animal Control. It shall be unlawful for any person to interrupt the observation period of any animal for any reason.

(d) Investigation of animal bite reports; killing of biting animals prohibited. Animal Control shall investigate all animal bite reports. Without the permission of the Supervisor of Animal Control, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten any person or other animal, or that has been placed under quarantine, except when it is necessary to protect the life of any person or other animal.

(e) Authority to direct disposition of suspected rabid animals. The Supervisor of Animal Control shall direct the disposition of any animal suspected of being rabid or of having any zoonotic disease considered to be a hazard to any other animal or human being.

(f) Surrender of carcasses of dead animals suspected of having rabies or zoonotic disease. The carcass of any dead animal exposed to rabies or zoonotic disease or
suspected of having been rabid shall, upon demand, be surrendered to Animal Control.

(g) Manner of disposing of animals exposed to rabies or zoonotic disease. The owner, who shall promptly notify Animal Control of the place where such animal is confined and the reason, shall immediately confine every animal, exposed to rabies or zoonotic disease, thereof. The owner shall not permit such animal to come in contact with any person or animal. Any animal exposed to rabies or zoonotic disease shall be handled in one of the following manners;

  1. Humane destruction, with notification to, or under the supervision of Animal Control.
  2. If not currently vaccinated, quarantine under veterinary supervision for at least twelve (12) months immediately following exposure; or
  3. If currently vaccinated, immediate re-vaccination and quarantine under veterinary supervision for at least ninety (90) days immediately following exposure.

(h) Refusal to surrender animal, on demand, for rabies or zoonotic disease control purposes. No person shall fail to or refuse to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies or zoonotic disease control, when the demand there of is made by the Supervisor of Animal Control, or Officers acting under his discretion.

(i) Notification to Animal Control upon escape, sickness, or death of quarantined animals. Any person having possession of, or responsibility for, any quarantined animal shall immediately notify Animal Control if such animal escapes, or becomes or appears sick, or dies, and in the case of death of the animal while under quarantine, shall immediately surrender the dead animal to Animal Control for diagnostic purposes.

 

Section 9-8. Sale or Giving Away; Changing Color of Certain Animals, Keeping Wild Animals; Permitting Wild or Vicious Animals to Run at Large.

(a) It shall be unlawful for any person to sell, offer for sale or barter, or give away as toys, premiums or novelties, baby chickens or ducklings or other fowl under three (3) weeks old or rabbits under two (2) months old, unless the manner or method of display is first approved by the Supervisor of Animal Control.

(b) It shall be unlawful to color, dye, stain, or otherwise change the natural color of any chickens, ducklings, other fowl, or rabbits, or to possess, for the purpose of sale or to be given away any of the above mentioned animals which have been so colored.

(c) It shall be unlawful to keep any wild animal inside the corporate city limits of White Deer, Texas.

(d) It shall be unlawful to release or to allow to run at large, any wild or vicious animal, or any animal that has known vicious tendencies.

 

Section 9-9. Vicious Animals

(a) Authority to destroy if found at large. Any vicious animal found running at large may be destroyed by any Peace Officer or Animal Control Officer in the interest of public safety.

(b) Authority to require removal from City; appeals from orders to remove. The Supervisor of Animal Control may order any owner or person having care, control, or custody of any vicious animal to remove such animal permanently from the City. This animal must be removed immediately following receipt of such order, even if any appeal is initiated. This order may be appealed in writing within ten (10) days to the Municipal Judge of the City of White Deer. The Municipal Judge may uphold, reverse, or modify the order given by the Supervisor of Animal Control, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the City. If the Municipal Judge upholds the order as given by the Supervisor of Animal Control, the owner or person having care, control or custody shall not bring the animal back inside the City limits.

(c) Failure to remove, ground of impoundment or destruction. If the person having care, custody or control of a vicious animal fails to remove such animal, as provided for herein, such animal may be impounded and/or destroyed.

(d) Owner to report disposition and relocation. The owner or person having care, custody or control of a vicious animal, must report the disposition and relocation of such animal to the Supervisor of Animal Control, in writing, within then (10) days after the expiration date for removal of such animal from the City. Each day thereafter, such information is not provided shall constitute a separate offense.

(e) Search and Seizure Warrants Authorized. The Supervisor of Animal Control shall be authorized to obtain a search and seizure warrant, if there is reason to believe that an animal ordered removed from the City for being vicious has not been as removed. Such warrant may also be obtained if the owner of such animal that has been involved in a bite incident or is suspected of having rabies or any other zoonotic disease, fails to surrender such animal for quarantine purposes or for humane destruction.

 

Section 9-10. Livestock Regulations.

(a) It shall be unlawful for a person to keep swine within the incorporated city limits of the City of White Deer.

(b) In cases involving a scientific or educational program, a non-profit organization show, exhibition, or humane activity or animals owned by the City, the Supervisor of Animal Control may waive certain requirements of this Section.

(c) Any enclosure, pasture, pen, corral or other restrictive area for large or small livestock shall be of sufficient strength and construction so as to keep such livestock confined.

(d) All gates must be of sufficient strength and construction so as to keep livestock confined.

(e) When small and large livestock are kept together, the standards for small livestock must be met.

(f) It shall be unlawful for any person, firm or corporation to keep on the premises under his or its control, within the City limits, any small or large livestock in such a manner that the livestock are sheltered or lodged within a pen or corral closer than one hundred-fifty feet (150’) from any residence, church, school or business other than that of the owner’s or keeper’s living quarters.

(g) The number of livestock permitted shall not exceed one adult per one-third (1/3) acre for the first two acres, and two adults per acre for each additional acre over two acres of a single tract of land. For purposes of this section, any foal or colt six months of age or older shall be considered to be an adult in determining the number of livestock permitted in a given area. The person in lawful possession of the premises, as owner or tenant, may keep thereon livestock belonging to others; but the limitation as to number of livestock on the premises and the area and distance requirements of this section shall still apply, and keeping of livestock for others shall not be done as a business in violation of the zoning code.

(h) Male equines (horses) and male bovines (cattle) capable of breeding will be confined in such a manner that said animal will not be dangerous to human beings, and all breeding will be done under the control of the owner, handler or a licensed veterinarian.

 

Section 9-11. Keeping of Fowl and Rabbits Regulated.

(a) Fowl and rabbits shall be kept in a secure pen or enclosure that is at least thirty (30) feet from any adjoining property line.

 

Section 9-12. Sanitary Conditions Required, Specified.

(a) The owner or person in possession of animals shall keep yards, pens and enclosures, in which such animals are confined, in such a manner so as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects or in any manner to endanger the public health or safety, or create a public nuisance.

 

Section 9-13. Pet and Animal Care Guidelines.

The following are established as guidelines for pet and animal care and are not intended to contravene the provisions for animal cruelty contained in the Texas Penal Code.

(a) Provision for food, shelter and care, generally: No owner shall fail to provide his animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

(b) Abuse of animals, animal fighting: No person shall beat cruelly, ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.

(c) Abandonment, no owner shall abandon any animal. Any animal left without proper food, water, or shelter for more than seven (7) days shall be considered abandoned. Animal Control shall take any abandoned animal into protective custody until owners of such animals can be located and/or prosecuted.

(d) Striking with a vehicle: Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and shall immediately report such injury or death to the animal’s owner. In the event that the owner cannot be ascertained or located, such operator shall at once report the accident to the appropriate law enforcement agency.

(e) Fastened or picketed by a lead or chain is prohibited.

 

Section 9-14. Violation.

(a) Any person who shall violate any provision of this code shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed the maximum limit as established by State law. Each day of violation shall constitute a separate offense.

 

Section 9-15. Non-Conforming Uses.

(a) Any legal use of property existing at the time of the passage of this Code, or subsequent amendments thereto, which does not conform to the regulations set forth in this Code, shall be deemed a nonconforming use.

(b) The lawful use of land existing at the time of the passage of this Code, although such use does not conform to the provisions of this Code, may be continued; however, if such non-conforming use is discontinued for a period of six (6) consecutive months, any future use of the premises shall conform to the provisions of this Code.

(c) In the event that a non-conforming use of any building or land is discontinued for a period of six (6) consecutive months, any subsequent use of the building or land shall conform to the use permitted in the district in which it is located. (Ordinance 229, 12, 3-17-77)

 

Section 9-16. Reserved for later use.

 

Section 9-17.

(a) In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Code or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Code as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of White Deer, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. (Ordinance Of 14-16A-B, 2001 and amended by this code)