HomeMy WebLinkAboutORD 880247.005 - Animals and FowlORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5, ANIMALS AND
FOWL, OF THE CODE OF ORDINANCES OF THE CITY
OF GEORGETOWN, BY AMENDING SECTIONS 5-8,
5-9, AND 5-10 WHICH RELATE TO THE
RESTRICTIONS AND REGULATIONS OF THE KEEPING
OF LIVESTOCK, FOWL AND OTHER ANIMALS WITHIN
THE CITY LIMITS OF THE CITY OF GEORGETOWN,
TEXAS; PROVIDING FOR A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A REPEALING CLAUSE; PROVIDING FOR
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown,
Texas finds that the keeping of certain animals, including
fowl, in areas of the City can reasonably present a health
hazard to its citizens; and
WHEREAS, the City Council finds that in addition to the
aforementioned, the keeping of certain livestock in certain
manners is likely to create noxious odors and noise not
suitable or desirable in proximity to dwelling and other
areas of the City; and
WHEREAS, the City Council further finds that the
keeping of certain livestock or fowl near dwelling
residences and other areas of the City may reasonably
constitute a nuisance because of the emission of certain
noxious and unpleasant odors not typically found in such
areas; and
WHEREAS, the City Council finds that limiting the areas
to which the livestock can be located within the City limits
will relieve those conditions that give rise to the ill
effects of keeping same; NOW, THEREFORE,
BE IT
GEORGETOWN,
SECTION I.
ORDAINED BY THE CI'T'Y COUNCIL OF THE CITY OF
TEXAS:
That the City Council finds that the recitals set forth in
the preamble are true and correct and are adopted herein.
SECTION II.
Section 5-8 of Chapter
amended as follows:
5 of the Code of Ordinances is hereby
"Sec. 5-8. Hogs keeping prohibited, exceptions.
It shall
be unlawful and
constitute
an offense for any
person to
keep any hog in any
house, shed,
pen, lot, pasture
or other
enclosure in the
City limits
within two hundred
(200) feet
of any dwelling structure, adjacent
residential
or commercial lot, or public place.
This
section
shall not
apply to hogs
kept
temporarily
(not
to
exceed two (2)
days)
in
shipping pens when
utilized for
the
purposes
of shipments
in keeping any
or to hogs
kept
temporarily (not
to
exceed five
livestock, and/or
(5)
days)
pen,
at
auction or
sales
pens or barns
for
the purpose
of sale
or
show."
feet or
less* of any City
SECTION III.
Section 5-9 of Chapter 5 of the Code of Ordinances is hereby
amended as follows*
"Sec. 5-9. Keeping of animals near City water supply.
supply.
*As specified in the Rules and Regulations for Public Water
Systems published by the Texas Department of Health - No. 25
Texas Administrative Code 337.203 (c)(1)(C), and as the same
may be amended from time to time.
(b) Keeping is defined as the care and control of the
livestock or fowl in question for a period of longer than
five ( 5 ) days."
SECTION IV:
That Section 5-10
(a) It
shall be unlawful and
constitute an
offense for any
person,
whether
for
himself
or as the agent
or servant for
another
or others,
to
keep or
participate
in keeping any
horse,
hog, cattle,
sheep,
goat, other
livestock, and/or
fowl in
any barn,
pen,
or lot
in the City
that is within a
distance
of five
hundred
(500)
feet or
less* of any City
wells from
which
the
City
obtains its
principal water
supply.
*As specified in the Rules and Regulations for Public Water
Systems published by the Texas Department of Health - No. 25
Texas Administrative Code 337.203 (c)(1)(C), and as the same
may be amended from time to time.
(b) Keeping is defined as the care and control of the
livestock or fowl in question for a period of longer than
five ( 5 ) days."
SECTION IV:
That Section 5-10
of Chapter 5
of the Code
of Ordinances is
hereby amended as
follows:
"Sec. 5-10. Restricted keeping
of animals
and fowl.
(a) It shall be
unlawful and
constitute
a nuisance to keep
any horse, cattle,
sheep, goat,
rabbit, or
other livestock
Animal and Fowl Ordinance/Page 2 of 4
including fowl, at any place within the City, when the place
where the same are kept is within two hundred (200) feet of
any private residence or dwelling place or within five
hundred (500) feet of any building or establishment open to
the public, with the exception of park land, if the animal
or fowl 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.
(1)
Distance provisions
shall
not apply
to park land,
however, other
requirements,
relating
to the manner
which
animals are
kept of this section
shall apply.
(b) Proof that one dozen or more of such fowl or animals as
described in subsection (a), or any combination thereof, are
being kept at any one time at a place within the City that
is within two hundred (200) feet of the private residence of
another, or within five hundred (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 hereunder.
(c) The distance restrictions of this particular section 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."
SECTION V.
Any person who commits an offense under these provisions
hereof shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined an amount not to exceed
Two Hundred Dollars ($200.00). Each day an offense occurs
will be deemed to be a separate violation.
SECTION VI.
Any existing ordinance, resolution, policy, that is in
conflict with the provisions of this ordinance, than that
ordinance, resolution, or policy is hereby repealed to the
extent of any conflict.
Animal and Fowl Ordinance/Page 3 of 4
SECTION VII.
In the event any section, paragraph, subdivision, clause,
phrase, provision, sentence or part of this Ordinance or the
application of the
for any reason
unconstitutional by
shall not affect,
of this ordinance
effect.
SECTION VIII.
same to any person or circumstance shall
be adjudged invalid or held to be
a court of competent jurisdiction, it
impair, or invalidate the remainder
which shall be given full force and
Upon final passage the City Secretary shall cause this
ordinance's caption to be published in the newspaper of
general jurisdiction and this ordinance shall become
effective 10 days after its publication.
PASSED AND APPROVED on first reading this
,1988.
PASSED AND
,1988.
Tim Kenn
ATTEST.
APPROVED ON FINAL READING
Mayor
APPROVED:
Diane Call -ander, City Attorney
11 1
60 k day of
this Z6&k day of
Animal and Fowl Ordinance/Page 4 of 4