Within the meaning of this article, livestock and fowl include but are not limited to cattle, horses, sheep, rabbits, chickens, ducks, guinea fowl, geese and exotic animals. Not included within the definition hereof are dogs, cats, caged songbirds, and other small domestic animals commonly kept as household pets and not raised for food or commercial purposes. No swine shall be permitted unless exempt under section 2.02.012 or 2.02.013.
(1999 Code, sec. 2.110)
Any person, firm, or corporation violating the provisions of this article shall be guilty of a class C misdemeanor and for each day of violation fined as provided for in the general penalty provision found in section 1.01.009 of this code, or the city may bring a civil action for the enforcement of this article as provided by the Local Government Code, chapter 54, subchapter B, and seek a civil penalty not to exceed one thousand dollars ($1,000.00) per day.
(Ordinance 2623, sec. I (2.111),
adopted 3/10/14)
(a)
No
person or other entity shall raise, keep, breed or maintain any livestock
and/or fowl within the city without first having complied with this
article.
(1)
Minimum tract size required.
No person or other entity
shall raise, keep, breed or maintain any livestock and/or fowl within
the city on a tract of land smaller than one (1) acre.
(2)
Restricted to personal noncommercial use.
No person
or other entity shall raise, keep, breed or maintain any livestock
and/or fowl on a tract of land within the city except for personal
noncommercial use.
(3)
Number of livestock or fowl and containment.
The number
of livestock or fowl that will be permitted on each one (1) acre tract
are: two horses, or two cows, or two goats or two sheep, or 25 rabbits,
or 25 chickens or other fowl. All rabbits, chickens and other fowl
shall be maintained in closed pens and shall not be allowed to wander
about the premises. Horses, cows or sheep shall be contained within
a fenced area. Such fence shall be of sufficient strength and design
to hold such animals.
(4)
Swine not allowed.
No person or other entity shall raise,
keep, breed or maintain swine within the city unless they qualify
for an exemption as hereinafter provided.
(b)
A
property that is in compliance with the requirements of this article
does not become out of compliance because of the subsequent location
or relocation of a residence or commercial business establishment
on adjacent property or the change in use of adjacent property.
(Ordinance 2623, sec. I (2.101),
adopted 3/10/14)
No stable, barn, pen, or other area or shelter where livestock
or fowl are kept shall be closer than one hundred feet (100’)
to any residence or commercial business establishment unless such
residence or commercial business establishment is located on the real
estate where such stable, barn, [or] pen, is located or the area where
livestock or fowl are kept. Landowners wishing to maintain livestock
or fowl within one hundred feet (100’) of a residence or commercial
business establishment that is not owned by the livestock owner may
do so upon presentation of a waiver signed by all landowners within
100 feet of the pen, barn, stable or other area where such livestock
or fowl will be maintained and such other information necessary to
obtain a permit.
(Ordinance 2623, sec. I (2.105),
adopted 3/10/14)
All stables, barns, pens, or other areas where livestock or
fowl are kept shall be maintained in a clean and sanitary condition
so as to prevent obnoxious odors, the attraction and breeding of flies
and/or rodents or the creation of any health hazard or accumulation
of fecal matter or decaying organic matter. Fecal matter or decaying
organic matter shall be prevented from being carried into road ditches,
adjoining property and public streets by rainwater runoff. Any stable,
barn, pen or other area or shelter where livestock or fowl are kept
must have attached a permanent water supply.
(1999 Code, sec. 2.106)
The landowner and/or owner of the livestock and/or fowl shall
maintain all livestock and fowl so that animal sounds and noises shall
not disturb residents on adjoining or nearby tracts of land. The landowner
and/or owner of the livestock and/or fowl shall maintain any animal
or fowl with a natural propensity for nocturnal noises within a closed
barn or building between the hours of 6 o'clock p.m. and 6 o'clock
a.m.
(1999 Code, sec. 2.107)
Complaints regarding the keeping of livestock and/or fowl will
be referred to and investigated by the appropriate officer or department,
i.e., humane officer, health department, police department, public
works department. If such conditions as health and sanitation, rainwater
runoff or noise violations or nuisance violations, as hereafter set
out, are found, the officer or department head inspecting the premises
shall serve written notice of nuisance, itemizing those matters found
in violation of this code, on the landowner and owner of the livestock
and/or fowl if not the same as the owner, and shall post notice at
the site. Thereafter, the landowner and/or owner of the livestock
and/or fowl shall have ten (10) days to correct the violation and
remove the nuisance. If not corrected, the owner shall be subject
to any fine levied hereunder in addition to revocation of the animal
permit.
(1999 Code, sec. 2.108)
(a)
Any
stable, barn, pen or other area where livestock or fowl are kept which
produces any obnoxious odor, or where flies or rodents may be found
or may be breeding, or where unreasonable accumulations of fecal material
or decaying organic matter are found, or which may be a health hazard
or injurious to the welfare of the citizens of the city, is declared
a public nuisance.
(b)
Any
livestock or fowl which creates unreasonable noise or other activity
which disturbs the repose or comfort or peace and quiet of adjoining
or nearby residents are declared a public nuisance.
(c)
The
flow of rainwater carrying fecal matter or decaying organic matter
from any property into a road ditch, onto any public road or onto
any adjoining property is declared a public nuisance.
(d)
Livestock
or fowl found outside their designated pen, stable or barn and roaming
on adjoining property or any public property on more than one occurrence
are declared a public nuisance.
(1999 Code, sec. 2.109)
It shall be unlawful for any person owning, having control over
or having custody of any livestock or fowl to allow such livestock
or fowl to run at large outside their designated pen, barn or stable
or to be at large on any public property, roadway, alley, square,
park, sidewalk or any other property.
(1999 Code, sec. 2.112)
It shall be the duty of the animal control officer or deputy
to impound all livestock and fowl found running at large on any public
property, roadway, alley, square, park, sidewalk or any other property
not belonging to the person owning the animals or who may otherwise
be in control of the animals or fowl.
(1999 Code, sec. 2.113)
The owner or person in control of impounded livestock or fowl may redeem the livestock or fowl by the payment of an impoundment fee in the amount established in appendix A to this code per head of livestock or fowl plus a per day impoundment fee for each head of livestock and fowl redeemed in the amount established in appendix A to this code. Livestock and fowl not redeemed after seven (7) days shall be deemed abandoned. Abandoned livestock or fowl may be sold at public auction after publishing notice of sale at least twice in the local newspaper. Such notice shall contain a description of the livestock or fowl being auctioned. If after publishing notice the owner seeks to redeem the livestock or fowl, the owner, in addition to paying the impoundment fee and per diem fee, must also reimburse the city for the cost of publishing notice.
(1999 Code, sec. 2.114; Ordinance
adopting Code)
Members of a chapter of the Future Farmers of America (FFA) or the 4-H located within the city limits wishing to maintain livestock or fowl under the direction of the FFA or 4-H on a tract smaller than one (1) acre may do so upon presentation of a waiver signed by all landowners within 100 feet of the pen, barn, stable or other area where such livestock or fowl will be maintained and such other information necessary to obtain a permit. The fee requirements of section 2.02.041(b) are waived for such project. The permit shall be renewable annually. Livestock or fowl maintained under this provision shall be maintained at the residence of the member. For the purposes of this article the prohibition against swine is waived.
(Ordinance 2623, sec. I (2.115),
adopted 3/10/14)
The provisions of this article do not apply to any agricultural
related activity sponsored by and located on property owned by a public
school district.
(Ordinance 2623, sec. I (2.116),
adopted 3/10/14)
(a)
Any
person or other entity raising, keeping, and maintaining livestock
and/or fowl on a tract of land larger than one (1) acre shall obtain
an annual permit from the city (animal permit), except that no permit
is required for single tracts of land larger than five (5) acres.
(b)
After
the original permit is issued, renewal permits must be obtained on
or before the expiration date of the permit by completing a new application
and paying a renewal fee as provided in the fee schedule found in
the appendix of this code.
(c)
Applications
for animal permits shall be obtained from the city secretary's office.
(d)
Applications
for animal permits and renewals shall contain the following: name,
address, telephone number of the persons, firm, or corporation raising,
keeping, and maintaining livestock and/or fowl; mailing and street
address of the owner of the property on which the livestock or fowl
are to be kept; description of the property on which the livestock
or fowl are to be kept; description and number of animals or fowl
which will be kept; drawing showing location of premises where any
stable, barn, pen, or other area where livestock or fowl are to be
located and showing the location of and distance to neighboring residences
or commercial buildings. With each application, applicants shall a
pay nonrefundable fee as provided in the fee schedule found in the
appendix of this code.
(Ordinance 2623, sec. I (2.102),
adopted 3/10/14)
Permits issued under this article are revocable by the city
council. Permits may be revoked on the grounds of violation of this
article, noise, or other circumstance the city council determines
creates a nuisance, and changed conditions. The city council shall
serve notice of its intention to revoke ten (10) days prior to the
meeting at which such revocation will be considered. Any person holding
a permit having received such revocation notice shall be allowed to
appear and be heard by the city council. The revocation provided herein
shall be a remedy in addition to the criminal penalties provided herein
for violation of this article.
(1999 Code, sec. 2.103)
Prior to issuance of a permit, original or renewal, the animal
control officer or designee shall make an inspection of the site.
If such site is denied approval, the animal control officer shall
file a written report identifying the basis for denial with the city
administrator with a copy furnished to the applicant.
(Ordinance 2623, sec. I (2.104),
adopted 3/10/14)
Any unexpired permit issued under any prior ordinance for the
maintaining of animals or fowl shall remain in full force and effect
under the ordinances in existence at the time of the issuance of such
permit. No permit issued under a prior ordinance shall be renewed
unless it complies with the provisions of this article. All ordinances
in conflict with this article are hereby revoked as of the effective
date of this article.
(1999 Code, sec. 2.117)
