HomeMy WebLinkAboutOrdinance 14115ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT IN PART OF
APPENDIX B, ARTICLE II, "CODE ENFORCEMENT," DIVISION 3
"NUISANCES" SECTION 11A-21 AND SECTION 11A-22 PROVIDING
FOR THE KEEPING OF CATTLE, HORSES, SHEEP, GOATS, EMUS,
OSTRICHES, RHEAS, CHICKENS, FOWL, RABBITS, GUINEA PIGS
AND PIGEONS, AND PROVIDING A PROCEDURE FOR THE
APPLICATION FOR A CONTINUANCE PERMIT, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth finds that the
keeping of certain animals within the city limits of Fort Worth requires
additional consideration as to living space and health and sanitation, and
the failure to recognize these needs endangers the health and safety of
the citizens of Fort Worth, and
_ 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, Texas (1986), as amended, is amended by
the amendment in part of Appendix B, Article II "Code Enforcement", Division 3
"Nuisances", Section 11A-21 and Section 11A-22, so that thereafter said Section shall
read as follows
ARTICLE II CODE COMPLIANCE DIVISION
DIVISION 3 NUISANCES
Section 11A-21. Keeping of Cattle, Horses, Sheep, Goats, Emus,
Ostriches, and Rheas
(a) In this section, "regulated animal" means an equine animal including, but
not limited to, a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack,
jennet, any species of the bovine family; including but no# limited to any
cow, calf, steer or bull, any sheep, ram, ewe, Iamb, any goat, billy, nanny,
or kid, or an emu, ostrich, or rhea
(b) A person commits an offense if the person knowingly keeps or maintains
any regulated animal within one hundred (100) feet of a regulated
structure as defined in subsection (c) on any parcel of land unless such
parcel has a minimum area of ten thousand (10,000) square feet of
pasture for each regulated animal
(c) For purposes of this section a regulated structure shall be
(1) any residence, structure, or building used for human habitation,
other than the person's habitation,
(2) restaurant, cafe, or eating establishment; or
(3) church, school, hospital, convalescent home, or nursing home
(d) If a regulated animal is kept in or confined by any building or structure,
such as a stable, barn, shed, pen, or fence, the distances required by
subsection (b) shall be measured in a straight line from the nearest point
of such building or structure to the nearest point of such residence,
structure or building used for human habitation, restaurant, cafe, or other
eating establishment; or church, school, hospital, convalescent home,
nursing home or residential premises property line
(e) If a use legal on the effective date of this ordinance is made illegal by the
provisions of this ordinance, the occupant of the affected property. may
apply for a continuance permit.
(f) An application for a continuance permit shall be submitted to the Code
Compliance Superintendent on a form provided by the Code Compliance
Department within 120 days of the effective date of the ordinance The
registration application shall include
(1) The name and address of the applicant.
(2) The number and type of animal(s) currently being kept.
(3) A site map indicating the size of the lot, size and location of pens or
structures where animal(s) are being kept, and distances to
residential dwelling structures on adjoining lots
(4) A statement signed by the applicant that the animal(s) are not and
will not be used for commercial or illegal purposes in violation of the
City of Fort Worth's Zoning Ordinance, or the laws of the State of
Texas
(g) Upon review and verification of the application, the Code Compliance
Superintendent shall issue a continuance permit for an open ended period
of time to the applicant to allow the continuance of the uses as shown and
approved on the application The Superintendent may deny the
application if•
(1) within the preceding. twenty-four (24) months the .applicant :has
been cited with violations involving the use or keeping of the
regulated animals,
(2) the use or keeping of the regulated animals was found in violation
of the existing nuisance Ordinance, the current provisions of the
Zoning Ordinance, or the laws of the State of Texas,
(3) if the Superintendent finds that the applicant will not properly be
able to care for the number of regulated animals the applicant
wants to keep at the address without the regulated animal creating
noise or odor nuisances, or otherwise being detrimental to the
public health and the welfare of the neighborhood
(h) A continuance permit is valid only for the original permittee and for those
conditions designated and approved The permit shall be automatically
revoked upon a change in the status of the permitted property or upon
cessation of the uses as stated in the permit for a period of thirty (30)
days
(i) The Code Compliance Superintendent may suspend or revoke the
continuance permit if the applicant fails to comply with conditions set forth
in the permit or if the applicant maintains the regulated animals or pen
areas in such a manner as to create a nuisance
Q) This process shall exhaust all administrative remedies of the
applicant/permitee
(k) Whenever any deadline specified in this section falls upon a Saturday,
Sunday, or acity-recognized holiday, the deadline shall be the next
regular city business day
(I) These provisions shall not apply to
(1) Any facility related to public safety;
(2) Legally operating agricultural activities,
(3) Legally operating commercial enterprises where the keeping or
maintaining of regulated animals is in compliance as either a use by
right or an accessory to a use by right;
(m) The requirement of termination of all non-conforming use of property
regarding regulated animals under this Section shall occur no later than
one hundred twenty (120) days after the effective date of this ordinance
Section 11A-22a. Keeping of Rabbits, Guinea Pigs, Pigeons, and Fowl
(a) In this section, "regulated animal" means any rabbit, guinea pig, pigeon
and fowl used for food or sport, including but not limited to turkeys, geese,
ducks, pea-fowls, chickens, roosters and peacocks For the purposes of
this section fowl shall not include pigeons
(b) A person commits an offense if the person knowingly keeps or maintains
any number of rabbits, guinea pigs, pigeons and/or fowl within fifty (50)
feet of any regulated structures as defined in section (f)
(c) A person commits an offense if the person knowingly keeps or maintains
more than fifty fowl on one acre or more and if the fowl is not contained
within a coop or pen For purposes of this section a pen or coop shall
include any fully enclosed structure specifically designed and constructed
to constrain animals or birds within its confines
(d) A person commits an offense if the person knowingly keeps or maintains
more than twelve fowl on one half acre or less and if the fowl is not
contained within a coop or pen
(e) A person commits an offense if the person knowingly keeps or maintains
more than twenty-five fowl on more than one half acre but less than one
acre and if the fowl is not contained within a pen or coop
(f) If a regulated animal is kept in or confined by any building or structure,
such as a stable, barn, shed, pen, or fence, the distances required by
subsection (b) shall be measured in a straight line from the nearest point
of such building or structure to the nearest point of a residential structure
or building used for human habitation, restaurant, cafe, or other eating
establishment; or church, school, hospital, convalescent home, nursing
home or residential treatment facility property line
(g) A person keeping or maintaining any regulated animals commits an
offense if the person fails to
(1) collect the animals' wastes daily in a rat-proof and fly-tight container
or receptacle,
(2) store wastes collected pursuant to subsection (g)(1) in a closed fly-
proof and rat-proof container, and in a manner that prevents the
escape of odors from the container; and
(3) dispose of wastes collected pursuant to subsection (g)(1) at least
once each week in a manner that prevents the breeding of flies
(h) If a use legal on the effective date of this ordinance is made illegal by the
provisions of this ordinance, the occupant of the affected property may
apply for a continuance permit.
(i) An application for a continuance permit shall be submitted to the Code
Compliance Superintendent on a form provided by the Code Compliance
Department within 120 days of the effective date of the ordinance The
registration application shall include
(1) The name and address of the applicant.
(2) The number and type of animal(s) currently being kept.
(3) A site map indicating the size of the lot, size and location of pens or
structures where animal(s) are being kept, and distances to
residential dwelling structures on adjoining lots
(4) A statement signed by the applicant that the animal(s) are not and
will not be used for commercial or illegal purposes in violation of the
City of Fort Worth's Zoning Ordinance, or the laws of the State of
Texas
(j) Upon review and verification of the application, the Code Compliance
Superintendent shall issue a continuance permit for an open ended period
of time to the applicant to allow the continuance of the uses as shown and
approved on the application The Superintendent may deny the
application if•
(1) within the preceding twenty-four (24) months the applicant has
been cited with violations involving the use or keeping of the
regulated animals,
(2) the use or keeping of the regulated animals was found in violation
of the existing nuisance Ordinance, the current provisions of the
Zoning Ordinance, or the laws of the State of Texas,
(3) if the Superintendent finds that the applicant will not properly be
able to care for the number of regulated animals the applicant
wants to keep at the address without the regulated animal creating
noise or odor nuisances, or otherwise being detrimental to the
public health and the welfare of the neighborhood
(k) A continuance permit is valid only for the original permittee and for those
conditions designated and approved The permit shall be automatically
revoked upon a change in the status of the permitted property or upon
cessation of the uses as stated in the permit for a period of thirty (30)
days
(I) The Code Compliance Superintendent may suspend or revoke the
continuance permit if the applicant fails to comply with conditions set forth
in the permit or if the applicant maintains the regulated animals or pen
areas in such a manner as to create a nuisance
(m) This process shall exhaust. -all administrative remedies of .the ~-- --_-
applicant/permitee
(n) Whenever any deadline specified in this section falls upon a Saturday,
Sunday, or acity-recognized holiday, the deadline shall be the next
regular city business day
(o) These provisions shall not apply to
(1) Any facility related to public safety;
(2) Legally operating agricultural activities,
(3) Legally operating commercial enterprises where the keeping or
maintaining of regulated animals is in compliance as either a use by
right or an accessory to a use by right;
(p) The requirement of termination of all non-conforming use of property
regarding regulated animals under this Section shall occur no later than
one hundred twenty (120) days after the effective date of this ordinance
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
AP RO E T FO D LEGALITY.
A TAN~,gCI A TORNE
DATE: III I D~
ADOPTED off-! c~-q I n0
EFFECTIVE. ~.I~G ~ 00
4 =%~'.
City of Tort Worth, Texas
M,~A~o~ and Cauncil C,omn~un~cAtian
DATE REFERENCE NUMBER LOG NAME PAGE
2/22/00 (~-12$26 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
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Charles Boswell 8511 TY COUNCIL
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Tom Davis 6300 (from) E9 29 ?~t1t)
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Additional Information Contact: ~ l`~a~•-r/
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Tom Davis 6300 ~
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