(a) Keeping livestock.
(1) Enclosure required.
It shall be unlawful for any person
owning or having care, custody or control over livestock to keep or
harbor any livestock within the city unless said livestock is kept
in a pen, fence, corral or other enclosure.
(2) Distance of enclosure from residences.
It shall be unlawful
for any person owning or having care, custody or control over livestock
to keep or harbor any livestock within the city in a pen, fence, corral
or other enclosure situated at any point closer than 25 feet to any
residence, excluding the residence of the person keeping or harboring
the livestock.
(3) Securing of livestock at night.
It shall be unlawful
for any person owning or having care, custody or control over livestock
to allow livestock to be or remain during the nighttime secured by
a stake, or secured in any manner other than by enclosing such animal
in a fence, pen, corral or barn sufficient and adequate to restrain
such livestock.
(4) Allowing tethered livestock on street or other public property.
It shall be unlawful for any person owning or having care, custody
or control over livestock to tether, chain or fasten livestock in
such a manner as to permit it to be upon any sidewalk, alley, park
or street.
(5) Pasturing or herding livestock on street or other public property.
It shall be unlawful for any person owning or having care, custody
or control over livestock to pasture or herd livestock on any sidewalk
or in any street, alley, park or other public place.
(6) Staking or pasturing livestock on property of another; trespassing
on private property.
It shall be unlawful for any person
owning or having care, custody or control over livestock to stake
or pasture or permit the tying, staking or pasturing of livestock
upon any private property within the city without the consent of the
owner or occupant of such property, or in such a way as to permit
any livestock to trespass upon any private property.
(7) Unlawful tethering of livestock.
It shall be unlawful
for any person owning or having care, custody or control over livestock
to tether, chain or fasten livestock in such a manner as to cause
it injury or pain or not permit it to reach shelter, food and water.
(8) More than one livestock. It shall be unlawful
for any person owning or having care, custody or control over livestock
to have more than one livestock animal, as defined below, per contiguous
acre of property owned by such person or entity.
(b) Keeping fowl.
No person or other entity shall raise,
keep, breed or maintain any fowl within the city without first having
complied with this section.
(1) Restricted to personal noncommercial use.
No person
or other entity shall raise, keep, breed or maintain any fowl on a
tract of land within the city except for personal noncommercial use.
(2) Number of fowl and containment.
The number of fowl that
will be permitted on a tract of land within the city is ten (10) chickens
or other fowl. All chickens and other fowl shall be maintained in
closed pens and shall not be allowed to wander about the premises.
(c) Definitions.
Fowl
within the meaning of this chapter shall include all birds,
e.g., chickens, turkeys, pheasants, quail, guineas, geese, ducks,
peafowl and other domestic feathered creatures and nondomestic feathered
creatures, regardless of age or sex. Not included within the definition
hereof are caged songbirds.
Livestock
within the meaning of this chapter shall include, regardless
of age, sex or breed, horses and all equine species, including mules,
donkeys and jackasses: cows and all bovine species; sheep and all
ovine species; llamas; goats and all caprine species; and pigs and
all swine species.
(d) Future Farmers of America and 4-H projects.
Members
of a chapter of the Future Farmers of America (FFA) or the 4H located
within the city limits wishing to maintain livestock or fowl under
the direction of the FFA or 4-H city [sic] may do so upon presentation
of a waiver signed by all landowners within 200 feet of the pen, barn,
stable or other area where such livestock or fowl will be maintained.
(e) Public school district property.
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.
(f) Agricultural tax exempt land.
The regulations contained
in this article do not apply to land that qualified for and received
an agricultural tax exemption under the provisions of Texas Tax Code
chapter 23, subchapter C or D, prior to its annexation into the city,
until the land no longer qualifies for the agricultural tax exemption.
(g) Areas zoned agricultural residential “AR”.
The regulations contained in this chapter do not apply to property
located within the city that is zoned agricultural/residential “AR.”
(Ordinance 20-108, sec. 2.19, adopted 6/15/2020; Ordinance
22-116 adopted 9/19/2022)