It shall be unlawful for any person to keep or permit the keeping
of livestock on premises owned by him or under his control, except
in compliance with the following regulations:
(1) Livestock
shall not be kept on lots and tracts of land less than one (1) acre
in area;
(2) On
lots and tracts of land between one (1) acre and two (2) acres in
area, inclusive, no more than five (5) livestock shall be kept; and
(3) On lots and tracts of land greater than two (2) acres in area, there shall be no limit to the number of livestock that may be kept provided that adequate fences, barriers and other facilities are provided as required in sections
2.09.002 and
2.09.003 herein and, provided further, that a public nuisance as defined in section
2.01.001 herein is not created.
(4) The provisions of article
2.02 herein, relative to animal care in general, shall specifically apply to the keeping of livestock.
(5) It
shall be a defense to prosecution regarding the number of livestock
being kept, that the same livestock and no more than the number and
kinds of livestock in question were being kept on the same premises,
by the same owner, prior to the adoption of this chapter. (March 5,
2001) Notwithstanding the foregoing, at such times as the livestock
on the property dies or is otherwise disposed of by the owner, it
may not be replaced until such time as the livestock meets the requirements
set forth herein and then may only be replaced to the extent such
number and kind is in conformance with this section.
(6) Notwithstanding
anything herein to the contrary, it shall be unlawful for any person,
other than a veterinarian, to keep any live swine within the city,
except in areas zoned or designated for rural or agricultural purposes
by the city zoning ordinance. This section shall not prohibit the
keeping of not more than two (2) purebred Vietnamese potbellied pigs
with appropriate documentation as to breeding. Such documentation
shall be kept available for inspection by a city enforcement agent
upon demand. These potbellied pigs shall be no more than forty (40)
inches from nose to tail, no higher than twenty (20) inches at the
shoulder and no heavier than ninety-five (95) pounds.
(7) Livestock shall not be kept in designated front yard areas as defined in article
VIII, section 5, VIII.5.1, of the city Unified Development Code.
Editor’s note–The Unified Development Code was repealed by Ords. O-10-08 and O-11-08. The current zoning regulations of the city are included herein as chapter 14, exhibit A.
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(8) It
shall be unlawful for any person to keep on premises under his or
her control, within the city limits, any small or large livestock
in such a manner that the livestock will be quartered closer than
150 feet to any human living quarters, other than the living quarters
of the owner or keeper.
(9) Notwithstanding
the foregoing, should another provision of the Code of Ordinances,
such as the zoning ordinance, govern the setback requirement for a
specific structure, or relate to the keeping of livestock, said other
provision controls. Further, any structure that is in existence on
the date of adoption of this chapter, (March 5, 2001) shall constitute
a nonconforming structure, which shall be grandfathered until such
time as the same is removed with the intent to abandon or relocate
the structure or is otherwise deemed to be a nuisance.
(Ordinance 695-01 adopted 3/5/01)
It shall be unlawful for any person to keep on his or her premises
any livestock without providing adequate fences or barriers that will
prevent such livestock from escaping and/or damaging neighboring flowers,
trees, shrubbery and/or other property located on adjacent property.
It shall be a rebuttable presumption that such fences or barriers
are inadequate for the designated purpose, if livestock escapes from
the premises. This presumption is rebuttable and shall have the effects
and consequences set forth in section 2.05 of the Texas Penal Code.
A fence or barrier may include but is not limited to electronic barriers,
whether underground, electrified wiring, or the erection of any structure
of wood or wire, wood and wire, masonry or any other material, whether
it encloses land on all sides or only on one or more sides, which
is intended to prevent the passage of livestock. Such a fence or barrier
is the means by which the land is enclosed so as to prevent the ingress
and egress of livestock, and to make a complete enclosure that is
sufficient, in unusual circumstances, to turn livestock of ordinary
habits and disposition.
(Ordinance 695-01 adopted 3/5/01)
All barns, stables, and other animal facilities constructed
after the date of adoption of this chapter (March 5, 2001) shall meet
the requirements of the city building code and zoning ordinances,
as applicable thereto.
(Ordinance 695-01 adopted 3/5/01)
It shall be unlawful for any person to ride or allow any type
of livestock upon any public school ground, public park or municipal
grounds within the city other than public rights-of-way or areas designated
for such purpose; provided, however, the provisions of this section
shall not apply to the riding or showing of horses or other livestock
in conjunction with authorized parades, carnivals or other school
or civic sponsored programs or events.
(Ordinance 695-01 adopted 3/5/01)