Loading...
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