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HomeMy WebLinkAboutOrdinance 14114~ + ~~ ORDINANCE AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT IN PART OF SECTION 6 "ANIMAL AND FOWL" ARTICLE I "IN GENERAL" SECTION 6-12 "NUISANCES DECLARED" PROVIDING FOR DECLARING A NUISANCE OF ANIMAL NOISE THAT DISTURBS THE PEACE. WHEREAS, the City Council of the City of Fort Worth finds that the keeping of animals that make noise to the extent that the peace is disturbed is a nuisance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1 The Code of the City of Fort Worth (1986), as amended, is amended by the amendment in part of Section 6 "Animal and Fowl", Article I "IN GENERAL' Section 6-12 "NUISANCES DECLARED', so that thereafter said Section shall read as follows SECTION 6. ANIMAL AND FOWL ARTICLE I IN GENERAL Section 6-12. Nuisances Declared. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity is declared a nuisance in violation of this section Whatever the city health officer determines to be dangerous to human life or health, or that is offensive to 1 the senses, or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance and shall be unlawful, and the specific acts, conditions and things set forth in this chapter are, among others, declared to be nuisances and prohibited and made unlawful SECTION 2 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are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, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality 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 without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section :` SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not. be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 6 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas, and by Section 52 013, Texas Local Government Code SECTION 7 This ordinance shall be in full force and effect after its passage and publication, as required by law i. 'h APP~O,~EQ AS TO F~OR~N~S/LEGALITY TTORNEY DATE: ~-I ~ ~ U v ADOPTED• ~ I ~~ I ~ D EFFECTIVE: q OCR ~`~<: ,.0. w,. ~ City of Fort Worth, Texas M,~A~o~ Aged C,aunci! C.ommun~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 2/22/00 G-12826 21 FOWL 1 of 1 SUBJECT ORDINANCES AMENDING THE CODE OF THE CITY OF FORT WORTH, SECTION 6 "ANIMAL AND FOWL" ARTICLE I, "IN GENERAL," SECTION 6-12 "NUISANCES DECLARED" AND APPENDIX B, ARTICLE II, "CODE ENFORCEMENT," DIVISION 3 "NUISANCES," SECTION 11A-21 AND SECTION 11A-22 RECOMMENDATION It is recommended that the City Council adopt the attached ordinances revising Section 6 "Animal and Fowl" Article I, "In General," Section 6-12 "Nuisances Declared" and Appendix B, Article II, "Code Enforcement," Division 3, "Nuisances," Section 11A-21 and Section 11A-22 DISCUSSION Section 6-12 "Nuisance Declared" adds frequent or prolonged noise from kept animals or fowl to other conditions that are considered to be offensive, dangerous, or nuisances Sections 11A-21 and 11A-22 of the Code of the City of Fort Worth (Code) provide for the keeping of livestock and fowl within the Fort Worth city limits. The proposed amendments to the Code increase minimum areas and distances from adjacent properties and residential dwellings for keeping livestock and fowl The amendments provide for a hearing process for a permit to keep or maintain livestock or fowl in variance of the ordinance The amendments also provide aone-year period for termination of non-conforming use for livestock and asix-month period for termination of non-conforming use for fowl ~,A waiver of the $50 application fee to obtain a permit is provided for all applications made within six ~ months of the effective date of the ordinance The proposed amendments were reviewed by the Safety and Community Development Committee and the City Council as a whole during its Pre-Council meeting on February 15, 2000 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. CB k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~ov~ ,~ Charles Boswell 8511 i i i D H d O CITY COUNCIL r g nat ng epartment ea : ,~ ,A,MF.1VLt:1.~ Tom Davis 6300 (from) DEB 2g 20l)Q )) yy Additional Information Contact: ~ l'~ie,,,.~„~ City S¢cretarf od t!-e Tom Davis 6300 City o1 Fa~rt'~4-~, ?asx,~~ i~UUtile(l U(C~itl8ft~8 IyO.j`-f'I u„kt' Adopted Ordinance N~, ~,~'