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Home My WebLink AboutORD 2012-56 - Urban FarmingAN ORDINANCE OF ! OF OF GEORGETOWN,PROVISIONS OF TITLE 7 OF THE CODE OF ORDINANCES RELATING TO REPEALING CONFLICTINGORDINANCES RESOLUTIONS; PROVIDING PROVIDING ! PUBLICATION1. SETTING AN EFFECTIVE DATE WHEREAS, the City Council requested a report on Urban Farming issues for the City of Georgetown; WHEREAS, a report on Urban Farming was presented to the City Council; and WHEREAS, after consideration of the report the City Council determined that hens would be allowed to be kept within general residential areas of the City, subject to Home Owner Association rules and regulations, deed restrictions and other covenants; and WHEREAS, the Council now finds it necessary to make the following amendments to the Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Section 7.01.010 of the Georgetown Code of Ordinances ("Definitions") is hereby amended as follows: See. 7.01.010 Definitions When used in the City of Georgetown Code of Ordinances, Title 7, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: No changes needed to definitions "Animal " through "Breeding Kennel" Add the following definition. - Ordinance Num efinition: • b' `„ 5 U Page I of ` 1 ► n, Ordinance Date "Coop" means a secure small enclosure or cage for poultry. No changes needed to definitions "Dangerous Dog" through "Harboring" Add the following definition: "Hen" means a female domestic chicken and does not include guinea hens. No change needed to definition "Kennel " Add the following definition: "Keeping" means the care and control of the livestock or poultry for a period of longer than five days. No change needed to definitions of "Multiple pet owner" through "Restricted Animals " Add the following definition: "Rooster" means a male domestic chicken. No change needed to definitions of "Running at Large " through "Wildlife " Section 4. Section 7.03.170, Chapter 7.03 of the Georgetown Code of Ordinances ("Other restrictions") is hereby amended as follows: Sec. 7.03.170. - Other restrictions. A. Keeping Hogs Prohibited—Exceptions, I. It is unlawful and constitutes an offense for any person to keep any hog in any house, shed, pen, lot, pasture or other enclosure in the City limits within 200 feet of any dwelling structure, adjacent residential or commercial lot or other public place. 2. This section does not apply to hogs kept temporarily (not to exceed two days) in shipping pens when utilized for the purposes of shipment or to hogs kept temporarily (not to exceed five days) at auction or sales pens or barns for the purpose of sale or show. B. Keeping of Animals Near City Water Supply, 1. It is unlawful and constitutes an offense for any person, whether for himself or as the agent or servant of another or others, to keep or to participate in keeping any animal (animal made to reference any horse, hog, cattle, sheet, Ordinance be2 i Page 2 of 4 Description: Animabain Farming Ordinance 1. i 5 12012 goat, other livestock and/or fowl) in any pen or lot used to confine any such multiple animal operation within 500 feet of any water supply wells from which the City obtains its principal water supply as specified in the official Texas Administrative Code published under authority of the Secretary of State, Title 31, Natural Resources and Conservation, Section 290.41 (c)(1)(C)(13)(F). C. Keeping of Animals and Poultry—Restricted. It is unlawful and constitutes a nuisance to keep any horse, cattle, sheep, goat, rabbit, or other livestock, including poultry, except as otherwise provided in this Section, at any place within the City, when the place where the same are kept is within 200 feet of any private residence or dwelling place or within 500 feet of any building or establishment open to the public, with the exception of park land, or if the animal or poultry in question is kept in a manner and under conditions wherein by reason of the odors emanating therefrom, the noise made by it or from any other cause pertaining to it or pertaining to the manner or to the place at which it is kept is reasonably calculated to annoy, offend or disturb the reasonable sensibilities of inhabitants of a private residence, or person(s) occupying or visiting an establishment open to the public. The distance provisions do not apply to park land; however, other requirements of this section relating to the manner in which animals are kept shall apply. D. Keeping of Animals and Poultry—Proof Constituting Prima Facie Case. Proof that one dozen or more of such poultry or animals as described in subsection C above, or any combination thereof, are being kept at any one time at a place within the City that is within 200 feet of the private residence of another, or within 500 feet of any building or establishment open to the public, shall be sufficient to make out a prima facie case, and unless such prima facie case is overcome by sufficient evidence, it shall warrant a conviction under the provisions of this chapter. E. Hens. No more than eight hens may be kept within residential areas of the City. A coop must be located at least twenty (20) feet of the private residence of another. All hens must be contained within the owner's backyard. The owner shall provide written notice to the Animal Services Director indicating ownership of hens and location of the coop at least twenty (20) feet of the private residence of another. All coops must meet any applicable standards or permit requirements in the Unified Development Code. Impoundment and disposition of hens in violation of this Section shall be pursuant to Sections 7.03.010 and 7.03.020. Section 7.03.170(E) does not apply to roosters. F. The restrictions in Section 7.03.170(A) through (E) do not apply to property zoned as Agricultural (A) and Residential Estate (RE) according to the Zoning Ordinance of the City of Georgetown, or to property properly zoned or used (as in continuing use) as veterinary clinics or facilities or established kennels that are for the purposes of care or boarding animals. H. Dead Animals and Poultry. It is unlawful for any person in the City to cause to be placed or place, or allow to remain in or near his premises or the premises of any other person, or in any of the streets or other public ways any dead animal, either Ordinance Number: Page 3 of 4 Description: Animal—Urban Farming Ordinance Date Approved: , 2012 wild or domesticated, or any dead poultry, either wild or domesticated. Section 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section b. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on theC22 day of 012. PASSED AND APPROVED on Second Reading on the day of 'PIC2012, ATTEST: THE CITY OF GEORGETOWN TI U 9 NUN•