(a)
No
person shall own or harbor any of the following categories of animals
that require a permit, without first obtaining the necessary permit
in compliance with this article.
(b)
Persons
seeking a permit and permit holders are required to meet all applicable
general permit requirements as set out in this chapter, as well as
any additional requirements for each specific permit.
(c)
The
annual fee for these permits shall be set by the health district and
approved by the city council. The fee schedule will be posted at the
ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
A fowl
permit shall be required for any person owning, possessing, or harboring
any fowl within the city limits. An annual permit fee shall be set
by the health district and approved by the city council. The fee schedule
will be posted at the ASC.
(b)
Permit
holders:
(1)
Must ensure a 75-foot setback for any coop, pen, or housing utilized
for fowl from any residence excluding the residence of the owner or
harborer of the fowl.
(2)
Must maintain a minimum of 12 square feet of floor or ground area
for each fowl.
(3)
Must maintain any structure housing fowl by thoroughly cleaning
the area at least weekly to ensure there are no noxious and unpleasant
odors emitted from the structure.
(4)
Must ensure any structure used to house fowl is treated with an approved
disinfectant at least once every six (6) months to discourage insects,
flies, ticks, mites, mosquitoes, and flies.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
A livestock
permit shall be required for any person keeping livestock within the
city limits as allowed by this chapter. The annual fee for the permit
shall be set by the health district and approved by the city council.
The fee schedule will be posted at the ASC.
(b)
All
livestock permits shall be renewed on an annual basis. The annual
fee for the permit shall be set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(c)
No
person shall keep any livestock within the city who does not possess
a valid permit from the ASC.
(d)
It
shall be unlawful for any person owning or having control over any
livestock to keep livestock, regardless of whether livestock is kept
for personal use or for commercial purposes unless a livestock permit
has been obtained from the ASC.
(e)
Setback required; minimum space required. No livestock shall be kept or maintained at a distance closer than 200 feet from any residence located on property owned by another person. All such livestock shall be maintained on a properly fenced parcel of land, providing a minimum of 600 square feet of area for each head of livestock. Livestock shall have shelter and shade of reasonable size for the number of livestock to be protected as provided in section 14-452(1)(b).
(f)
Odor,
vector, and pest control required. Property housing livestock shall
be kept free of offensive odor, flies, rodents, and other pests.
(g)
Manure
container required. Each and every enclosure in or on which any livestock
are kept shall have a suitable manure container into which all manure
shall be placed at least weekly or more often as necessary. Each container
shall be securely screened or otherwise protected from flies, rodents,
and other vermin and shall be cleaned out and disinfected at least
weekly. Manure from containers shall not be left in open stacks but
shall be removed or buried in a manner so as not to create a public
health nuisance.
(h)
It
shall be unlawful for any person owning or having control over livestock
to allow livestock to be at-large on public property, the property
of another, or on harborer’s own property with no physical means
of confinement.
(i)
Livestock
permits may be denied or revoked for the following reasons:
(1)
Health or safety violations.
(2)
Animal cruelty or neglect as defined in section 42.09 Texas Penal
Code.
(3)
More than one citation for livestock-at-large within a permit year.
(4)
Failure to obtain a livestock permit within ten (10) business days
of placing livestock on property within the city limits.
(j)
If
a livestock permit is denied or revoked, the applicant or permit holder
will have ten (10) calendar days from the date of denial, suspension,
or revocation to remove all livestock from the city limits before
the livestock is subject to impoundment. Failure to renew the permit
in accordance with this chapter shall presumptively be considered
a revocation.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
Livestock production areas shall be exempt from the following
requirements of this section: setback; minimum space requirements;
odor, vector, and pest control; and manure container requirements.
All other requirements of the ordinance shall be met.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
Any property issued a nonconforming use permit in operation
on July 4, 1999, shall be allowed to renew their permit annually only
as long as the following conditions are met:
(1)
The
nonconforming use is not expanded by increasing the number and/or
types of animals.
(2)
The
property does not change owners.
(3)
The
nonconforming use is continuous and not stopped for a period in excess
of six (6) months.
(4)
Existing
structures are not extensively modified, changed, or relocated unless
there is a need to provide for the health and safety of the animals
and/or the public, and remain in sound condition except for routine
maintenance and repair.
(5)
Local
and state cleanliness and sanitation requirements are perpetually
in compliance.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
A pet
fancier permit shall be required for any person owning or harboring
five or more animals unless the animals are covered by another permit
under this chapter.
(b)
All
animals must be spayed/neutered, current on rabies vaccination, licensed,
and microchipped.
(1)
An animal may be exempt from spay and neuter requirements upon proof
of current proof of registration with a recognized national show organization.
(c)
The
annual fee for the permit shall be set by the health district and
approved by the city council. The fee schedule will be posted at the
ASC.
(d)
A pet
fancier permit may be denied for the following reasons:
(1)
If the director or his or her designee makes a determination that
the prospective pet fancier does not have adequate property or facilities
to ensure the animals do not disturb any neighbors.
(2)
Sanitation for the number of animals permitted is not appropriately
and safely addressed.
(3)
The owner has received two or more documented violations in the past
twelve (12) months.
(4)
The number of animals allowed will be based on adequate housing space
as determined by the size of animals being housed.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
School-age
children enrolled in a public, private or home school program, who
are involved in a school program or 4-H where they are allowed to
raise project animals, livestock, or fowl for show or profit purposes
may apply for a permit to keep certain prohibited animals, livestock,
or fowl for the qualified program, such as FFA or 4-H. The permit
may be issued even though the property may not be fully in compliance
with the setback requirements of this article. Those students are
required to:
(1)
Apply for an annual project animal permit. Permits will expire one
year from date of issuance.
(2)
Pay the annual permit fee.
(3)
Show proof of enrollment in one of the listed school programs.
(4)
Agree to comply with cleanliness and sanitation requirements of this
article and the state health and safety code.
(5)
Obtain the approval, in writing, of all property owners located within
200 feet of the property.
(6)
Allow inspection of the animal, livestock, or fowl, as well as pens,
facilities, and property before issuance of the permit by ASC staff.
(b)
Failure
to comply with any of the requirements of this section will result
in denial of the necessary permit. Permits are nontransferable and
are revoked upon either the student’s graduation from high school,
dropping out of the class or qualified program, or nonattendance by
the student.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22; Ordinance 65-2022 adopted 12/20/2022)
(a)
A rabbit
permit shall be required for any person owning, possessing, or harboring
any rabbit kept outside within the city limits.
(b)
Permit
holders:
(1)
Must ensure a 50-foot setback for any cage or enclosure utilized
for housing rabbits from any residence excluding the residence of
the owner or harborer of the rabbit.
(2)
Must maintain cages and enclosures by cleaning weekly to ensure the
area is free of waste matter, insects, and odor.
(3)
Must collect droppings at least weekly as necessary to prevent a
public nuisance.
(4)
Must ensure droppings are stored in an airtight container for disposal
at least every seven (7) days.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
Definition.
For the purposes of this section, the term “potbellied
pig” shall mean a Vietnamese potbellied pig. Under no circumstances
shall any swine be considered a potbellied pig if its weight exceeds
125 pounds. The owner must provide proof of weight obtained at a licensed
veterinary clinic and provide paperwork during any inspection.
(b)
Restrictions.
It shall be unlawful for any person to keep swine, pigs, potbellied
pigs, or hogs in the corporate city limits.
(1)
Grandfather clause.
Any person holding a valid swine
permit on November 15, 2019, may continue to own/harbor a potbellied
pig until which time the animal either dies or ownership is transferred
out of the city limits. They must continue to meet all the requirements
as set out in this chapter.
(2)
The following conditions must be met for any permit holder having
a valid permit as of November 15, 2019:
a.
It shall be unlawful for any person to keep, harbor, or raise more
than two potbellied pigs in any one location within the city limits.
b.
All potbellied pigs shall be kept indoors at all times, other than
times for evacuation of waste material or during exercise periods.
During the time the pig is permitted outdoors, it shall be confined
within the property limits of the owner, and the owner shall be physically
present outside with the pig.
c.
All potbellied pigs shall be spayed or neutered on or before the
age of 12 weeks. No adult potbellied pig may be kept within the corporate
city limits unless its tusks have been surgically removed and the
pig has been spayed or neutered.
d.
All potbellied pigs shall receive annual vaccinations for erysipelas.
It shall be the responsibility of the owner of the pig or the property
owner to provide proof of vaccination at the initial permit inspection
and then annually at each permit inspection. The vaccination certificate
must be from a licensed veterinarian and include the following information:
(3)
The annual permit fee shall be set by the health district and approved
by the city council. The fee schedule will be posted at the ASC.
(4)
Landlord permission, as evidenced by a signed and notarized statement
of the property owner, must be obtained annually prior to the inspection
in order to receive a permit for a potbellied pig.
(c)
Exceptions
to this section shall be as follows:
(1)
Veterinary facilities.
Veterinary hospitals, clinics,
and related practices of veterinary medicine shall be exempt from
this section.
(2)
Other facilities.
Stock shows; livestock auctions; slaughterhouses;
public zoos; governmental agencies including public schools, laboratories,
certain school project animals, and research facilities approved by
the director of health may be exempt from this section.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
