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HomeMy WebLinkAboutOrdinance 6410 , L ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE FORT WORTH CITY CODE (1964) WHICH CHAPTER REGULATES HEALTH AND SANITATION IN THE CITY OF FORT WORTH BY DEFINING TERMS; PROHIBITING THE KEEPING OF SWINE IN THE CITY EXCEPT IN CONNECTION WITH THE IAWF(J!, OPERATION OF' SLAUGHTER HOUSES AND AGRIC'i ::T. i-;+L EXFOSITIONS; PROHIBITING DOG KENNELS W.111-11N 300 FEET OF Ar- RESIDENCE;_ REGULAT.IAI G THE NEEEPING OF CATTLE, HORSES, SHEEP, GOATS AND FOWL IN THE CITY; REGULATING THE DISPOSAL OF LITTER AND DROPPINGS FROM FOWLS AND ANIMALS_: MAKING THIS ORDINANCE CU- MULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH /CITY CODE IN CONFLICT HEREWITH,. PROVIDING A SEVERAFILITY CLAUSE; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDA.TNED by THE. CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section-" 19-372 of Chapter 19 of the Fort Worth City Code (1964) as amended is hereby further amended and, after having been so further amended, shall hereafter read as follows: "Sec, 19---372. Definitions. "The following words, when used in this chapter, except where otherwise provided, shall have the meanings respectively ascribed to them in this section: "Animal. The word 'animal" shall include all domesticated living creatures except man. "Mistreat. The word 'mistreat' shall in- clude every act or omission whereby unjusti- fiable pain, suffering or death is caused or permitted, "The phrase ' filthy ash heaps' shall mean cinders, coal and everything that usually re- mains after fires that has been mixgd Witk+ gar- bage or filth of any kind. r "The word 'garbage' shall. mear: kitchen refuse, ordinarily including only food stuffs or related material, "The word 'rubbish' shall mean all loose and decayed material and dirt like substances that attend use, or decay or which accumulate from buildings storing or cleaning. "The le-Di: 1 ' refuse' shall. mean all wastes, resulting from domestic, commercial or indus- trial opera Lions incident to urban life, ex- cept sewage, but including garbage, brush and trash. "The word 'trash' shall mean all refuse other than garbage, brush, large appliances and trees and shall include household trash (discarded growth; toys, paper, etc.) and yard trash (grass clippings, small shrub and tree trimmin(Ts, leaves, etc,) " SECTION 2e That Section 19-375 of Chapter 19 of the Fort Worth City Code (1964) as amended is hereby further amended and, after having been further amended, shall hereafter read as follows: "Sec. 19-375, Pig pens, lots, stables, etc. "Any pig pen, lot, stable, yard, shed, sty or other place in which swine are kept within the city which causes material distress, dis- comfort or injury to persons of ordinary sen- sibilities in the .immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. ".Any pig pen, lot, stable, yard, shed, sty or other place in which swine are kept within the city which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby de- clared to be a nuisance and is hereby prohibited. "It shall be unlawful to keep or permit to be kept any swine or allow swine to remain in any ut+r,. tot. ,stable yard, shed, sty, or any other PlCiCe VJitilill LnC ':1LY; PLUViullicy, i1QWCVCi, LhaL this section shall not prohibit the lawful opera- tion of slaughter houses or the keeping of swine - 2 - for processing by slaughter houses in the city, nor prohibit the exhibition of swine for a period not to exceed 21 days in connection with agri- cultural expositions or fairs, " SECTION 3, That Section 19-376 of Chapter 19 of the Fort Worth City Code (1964) as amended is hereby further amended and, after having been so further amended, shall hereafter read as follows: "Section 19-376, Dog Kennels within 300 feet of residences, "Any dog kennel within 300 feet of any residence in the city is hereby declared to be a nuisance and is hereby prohibited, "As used herein, the term 'dog kennel' shall mean - 1. Any building, lot, yard, shed or other place on or in which four or more dogs more than eight weeks old are kept; or 2. Any building, lot, yard, shed or other place on or in which one or more dogs are housed or boarded for pay, " SECTION 4, That Section 19-377 of Chapter 19 of the Fort Worth City Code (1964) as amended is hereby further amended and, after having been so further amended, shall hereafter read as follows: "Sec, 19-377. Keeping of cattle, horses, sheep, goats; regulations: "It shall be unlawful to keep, possess or maintain any horse, mule, donkey, or other an- imal of the equine family or any cow, calf, steer or bull or other member of the bovine family or any sheep, ram, eue, lamb, or any goat, billy, nannie or kid on any parcel of land unless such parcel of land shall have a minimum area of 7,500 square feet for one such animal, and 7,500 additional square feet for each addi- tional animal. It shall be unlawful to keep, possess or maintain any horse, mule or donkey, cow, calf, steer or bull, sheep or goat within 100 feet of any residence or building used for human habitation (other than that of the keeper - 3 - or owner of such animal! , any restaurant, cafe, or other public eating place, or any church, school or hospital, If such animal is kept in or confined by any building or structure, such as a stable, barn, shed, pen or fence, the said distance of 100 feet shall be measured in a straight line from the nearest point of such building or structure to the nearest point of such residence or building used for human habi- tation, restaurant cafe, other public eating place, or church, school or hospital," SECTION 5, That Section 19-378 of Chapter 19 of the Fort Worth City Code (1964) as amended is hereby further amended and, after having been so further amended, shall hereafter read as follows: "Sec. 19-378, Keeping chickens, fowl or other animals within 50 feet of a residence, etc,, : "It shall be unlawful for any person to keep, possess or maintain within the corporate limits of the city any rabbit, guinea pig, pigeon, chicken, turkey, goose, duck, pea-fowl, or other fowl in any pen, enclosure, or other structure, within 50 feet of any private residence, church, school, hospital, convales- cent home or nursing home, other than the residence of the keeper, possessor or owner of such fowl, such distance of 50 feet to be measured in a straight line from the nearest point of any pen, enclosure or other structure in which such fowl or animal is kept to the nearest point of such residence, church, school, convalescent home or nursing home, 4 IS "Every keeper of any livestock, fowl or pets shall cause the 1,itter and drcl.pings there- from to be collected daily in a container or receptacle of such type that, whey closed, it is ratproof and flytight and after each collec- tion, shall cause sucn container or receptacle to be kept closed with a ratproof and flytight lid, and such keeper shall maintain such con- tainer or tece,.Lacle in such condition as to prevent the escape of odor from sucl- litter or droppings, AL ieasL once each week, each such keeper shai.t cause all litter anC droppings so collected Lj iie disposed of in such a way as not to permit fly breeding." That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Coe in conflict herewith but only insofar a, the por-ion of such prior ordinance or provision shall be i'-- CC-flllict, and a , to all other ordinances or provisions of the ',,c)rLL worth City Code not in direct con- flict herewith, this ordinance shall be and is hereby made cumulative. SECTION 7. It is here-by declired to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragrap: or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such uncon- stitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City council ,,74t"bnut the incorporation in this ordinance of any such un- constitutional phrase, clause, sentence, paragraph or section. 5 SECTION B. That the violation of any provision of this ordinance or of the Fort Worth City Code relating to animals and fowl in the City shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200) , and each violation thereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION 9. That this ordinance shall be in full force and effect from and after 1970, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council 6 _ IWO City of Fort Worth, Texas LINE Mayor and Council Communication Ak4110 . GRAHAM DATE REFERENCE SUBJECT: Ordinances Amending Chapters PAGE 9 BE NUMR 7 and 19 of the Fort Worth BUILDING 12/21/70 G-1677 CityCode 1 of 2 PRADSHAV On November 30, 1970, proposed ordinances amending Chapters 7 and 19 of the Fort Worth City Code were submitted to the City Council. The proposed amendments to Chapter 7 concerned the regulation of animals and fowl in the Fort Worth city limits and recommended adjustments in pound fees at the Animal Control Center. Proposed amendments to Chapter 19 concerned health and sanitation regulations in connection with the keeping of dogs, swine, cattle, horses, sheep, goats, fowl and other animals in the city limits. During the City Council meeting on November 30, several citizens and re- presentatives of organizations questioned some of the provisions of the ordinance amending Chapter 19. As a result of the objections expressed, the staff was instructed to meet with the concerned citizens to see if amendments could be agreed upon and to revise the proposed ordinance accordingly. A meeting was held on December 11 twith' City staff members, representatives of the Sheriff's Posse and Riding Club, the Fort Worth Bantam Club and the Tarrant County Racing Pigeon Combine, and several individuals who were present at the City Council meeting on November 30. A general agree- ment was reached at the meeting concerning those provisions which had been previously questioned, and the proposed ordinance was revised accordingly. Copies of the ordinances, including the revised version of the ordinance amending Chapter .19, are attached for the City Council's consideration. Revisions made in the ordinance originally submitted to the Council on November 30 include the following: 1) The provision establishing' a-maximum number of rabbits, guinea pigs, pigeons, chickens, turkeys, geese, ducks, pea-fowl, or other fowl that can be kept within the corporate limits of the City has been deleted from the proposed ordinance amending Chapter 19. 2) The provision requiring a minimum distance of 100 feet from such fowl or animals ,to the nearest building, and a minimum_distance of 200 feet to the nearest building if more than 30 such fowl or animals are kept, has been deleted from the proposed ordinance amending Chapter 19. The requirement that such animals be kept at least 50 feet from the nearest building other than that of the keeper, possessor or owner of the animals, is retained as it now exists in the City Code. DATE REFERENCE SUBJECT: Ordinances Amending Chapters PAGE NUMBER 12/21/'70 NUMBER 7 and 19 of the Fort .Worth 2 of 2 City Code 3) The minimum area required7-for keeping horses, cattle, mules, donkeys, goats or sheep has been reduced from 10,000 square feet per animal as originally proposed to 7,500 square feet per animal. Recommendation It is recommended that the City Council adopt the attached ordinances amending Chapters 7 and 19 of the Fort Worth City Code. HDM:ms Attachments SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY PPROVED /❑ T R (DESCRIBE) dopt*d Ordiamee No. 6 4=" Chapter CITY SECRETARY l DATE CITY MANAGER r