(a)
Definitions.
(1)
Fowl.
Birds, chickens, turkeys, pheasant, quail, geese,
ducks, ostriches, emus, pigeons, or similar feathered animals regardless
of age, sex or breed.
(2)
Livestock.
Any horse, mule, cattle, hog, pig, sheep,
goat, or similar animal classified as livestock. For the purposes
of this article, micro or mini pigs shall not be classified as livestock.
(b)
General prohibition.
It shall be unlawful, except as provided in subsection (c) of this section, for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the city limits.
(c)
Area limitations and maintenance requirements for the keeping of
livestock.
The provisions of subsection (b) of this section shall not apply to the following situations:
(1)
Bona fide zoos, stock shows, fairs, animal judging and shows, and
circuses.
(2)
Bona fide public or private school projects, when conducted upon
school property and under faculty supervision.
(3)
Facilities owned and used by a licensed veterinarian in connection
with his practice of veterinary medicine.
(4)
Guinea pigs, hamsters, rabbits, chickens, ducks or other animals
or fowl of similar size which are kept entirely within an enclosed
building, which building is of such design and material as to retain
any noises or odors caused by such animals or fowl.
(5)
Livestock which are kept in compliance with the following requirements:
(A)
Horses or other equine animals, as a private stable (not for commercial
purposes), and other livestock may be kept on tracts of land of not
less than one (1) acre.
(B)
Bovine animals may be kept for personal use (not for commercial purposes)
on tracts of land of not less than one-half (1/2) acre.
(C)
All other livestock (except those listed in section (5)(A)) which
are kept as pets for noncommercial purposes, may be kept on tracts
of land of not less than one-half (1/2) acre.
(E)
In connection with all of the above-described exceptions, the premises
and facilities used for the keeping of animals and fowls authorized
to be kept under any of the provisions of this section must be, kept
in a manner as to prevent the emission of odor or noise offensive
to persons of ordinary sensibilities in the residing vicinity or the
existence of any nuisance dangerous to the public health. Any premises
and facilities used for the keeping of animals or fowls authorized
to be kept under any provision of this section must be approved for
such purposes by the animal care manager.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 1, adopted 10/16/01; 1978
Code, sec. 5-4; Ordinance 07-014, sec. 2, adopted 2/13/07; Ordinance 17-007, secs. 40–42, adopted 1/31/17; Ordinance 19-016, secs. 1–2,
adopted 3/26/19)
(a)
The keeping on any premises in the city of any livestock not prohibited by section 4.06.001(b) is prohibited unless the pens, stalls, or other facilities for keeping the same shall be so located that the livestock cannot come within one hundred fifty (150) feet of any dwelling, church, school, hospital or business building owned, used or maintained by any person other than the keeper of the livestock, or within five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. A variance in the one hundred fifty (150) feet distance requirement may be granted by the animal care advisory committee if all property owners who have a dwelling, church, school, hospital or business within one hundred fifty (150) feet of the area within which livestock are kept give their written consent for such a variance. Such variance shall specify the minimum distance requirement approved and shall not be less than seventy-five (75) feet.
(b)
This
provision shall not apply to fowl which are kept in completely enclosed
facilities.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 2, adopted 10/16/01; 1978
Code, sec. 5-5; Ordinance 17-007, sec. 43, adopted 1/31/17)
It shall be unlawful and constitute the creation and maintenance
of a public nuisance for any person to stable or keep any animal or
fowl in the city in such manner that such animal or fowl, by stamping
or kicking, braying, bleating, barking, yelping, neighing, crowing
or making any other utterance or disturbance, creates such a noise
which disturbs those living in the vicinity.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-6; Ordinance 17-007, sec. 44, adopted 1/31/17)
It shall be unlawful and constitute the creation and maintenance
of a public nuisance for the owner, operator, agent, or driver of
any truck, trailer or other vehicle that has been used for the hauling
of any livestock, animals or fowl, and when same has been parked in
or on any highway, street, alley, vacant lots, or tract of land, either
public or private, or in any service station or garage within the
city, to fail to move such truck, trailer or other vehicle containing
manure or excreta or liquid discharge to a location which will not
disturb the inhabitants of the city by reason of the odor, gases or
fumes caused by the contents of such truck, trailer or other vehicle.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-7; Ordinance 17-007, sec. 45, adopted 1/31/17)
(a)
It
shall be unlawful and constitute the creation and maintenance of a
public nuisance for any person owning or having charge of any stable,
stall, shed, or yard or appurtenance thereto, in which any horse,
cow, or other animal shall be kept, or any place within the city in
which manure or liquid discharge of such animal shall collect and
accumulate, to allow such stable, stall, shed, or yard or appurtenance
thereto to be kept in other than a clean and sanitary condition, or
allow the same to remain in a condition which would constitute a breeding
place for flies; provided nothing in this section shall be so construed
as to include manure deposits upon private property for the purpose
of cultivation or to be used as fertilizer.
(b)
The
maintaining or keeping of all animals within the city shall be allowed
only if the presence of noise, flies, mosquitoes, insects, vermin,
rodent harborage, odors, dust, ponded water, accumulation of manure,
garbage, refuse or other obnoxious or putrescible material or any
other objectionable matter or effect does not cause, create, contribute
to or become a health nuisance.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 3, adopted 10/16/01; 1978
Code, sec. 5-8; Ordinance 07-014, sec. 3, adopted 2/13/07; Ordinance 17-007, sec. 46, adopted 1/31/17)
No distiller, butcher, stock dealer, or other person shall collect
or keep any cows in a pen, or otherwise confine any cows in the city,
so as to create a stench or so as to become a nuisance.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-9; Ordinance 17-007, sec. 47, adopted 1/31/17)
It shall be unlawful and constitute the creation and maintenance
of a public nuisance for any person to keep or cause to be kept any
chickens, geese, ducks, guineas, pigeons, or rabbits or other rodents
in pens or enclosed areas in an unclean condition or in such a manner
as to become offensive, producing odors capable of annoying persons
living in the vicinity.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-10; Ordinance 17-007, sec. 48, adopted 1/31/17)
It shall be unlawful for the owner or other person in charge
of any livestock to permit the same to run at-large or to be found
unattended in the city.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-12; Ordinance 17-007, sec. 49, adopted 1/31/17)
(a)
It
shall be required of every person owning or having control of any
domestic fowl or any other bird to keep the same confined within his
own premises, and it shall be unlawful for any person within the city
to suffer, permit or allow any domestic fowl or any other bird which
he may own or have the charge of to go or be found upon any street
or other public place of the city or upon the premises of another
without the consent of the owner or the person in charge of the premises
upon which such domestic fowl or other bird may be found.
(b)
It
shall be the duty of the animal care manager to take up any domestic
fowl or other bird found at-large and confine such domestic fowl or
bird in the city animal care facility for seventy-two (72) hours.
If the owner of a domestic fowl impounded fails to claim such fowl
within seventy-two (72) hours, it shall be the duty of the animal
care manager, at his discretion, to euthanize or to find an appropriate
adopter to adopt the confined fowl or bird, as authorized by the Texas
Health & Safety Code.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-13; Ordinance 07-014, sec. 4, adopted 2/13/07; Ordinance 17-007, sec. 50, adopted 1/31/17)
The city shall collect from the owner or other person to whom impounded domestic fowl or other bird or birds are delivered an impounding fee as provided in section 4.10.001 for the period of time the domesticated fowl or other bird or birds remains in the possession and custody of the animal care division.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-14; Ordinance 17-007, sec. 51, adopted 1/31/17)
(a)
For
the purposes of this article, the term “wild animal” shall
mean any nondomesticated or dangerous wild animal, including wolf,
lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx,
serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee,
orangutan, gorilla, or any hybrid of these listed.
(b)
No
wild animals may be kept within the city; provided, however, wild
animals may be kept for exhibition purposes by circuses, zoos and
educational institutions in accordance with all laws and regulations.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-11; Ordinance 17-007, sec. 52, adopted 1/31/17)
