HomeMy WebLinkAboutOrdinance 12541ORDINANCE NO. ~°2`-~ 1 /
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS
AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 1,
BY AMENDING THE DEFINITION OF "KENNEL"; AND AMENDING
SECTION 13, SUBSECTION A.23, ADDING DISTANCE REQUIREMENTS
FOR DOG KENNELS FROM HABITATIONS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILTTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A FINE OF
UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Zoning Ordinance of the City of
Fort Worth currently defines "kennel" to include residences at
which four or more dogs or cats are housed;
WHEREAS, the Comprehensive Zoning Ordinance currently does not
address the distance of dog kennels from habitations on another
person's property; and
WHEREAS, it is advisable to amend the Comprehensive Zoning
Ordinance to address these issues;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
Section 1, "Definitions", of Ordinance No. 3011, the Compre-
hensive Zoning Ordinance of the City of Fort Worth, as amended, is
hereby amended by amending definition of "kennel" so that it does
not apply to residential premises at which the occupant is keeping
his/her own animals, as follows:
"Kennel. shall mean:
(1) any building, lot or premises where four ( 4 ) or more dogs
or cats (at least eight (8) weeks of age) are kept. This
shall not include residentially zoned premises or
premises which are used for residential purposes, at
which the occupant is keeping his or her own dogs or
cats; or
(2) any building, lot, or premises where dogs or cats
are kept or housed, for which remuneration is
received.
SECTION 2.
Section 13, "I", "Light Industrial District", Subsection
(A)(23), of Ordinance No. 3011, the Comprehensive Zoning Ordinance
of the City of Fort Worth, as amended, is hereby amended, by adding
a distance requirement for dog kennels from habitations on another
person's property, as follows:
"(23)(a) Dog and cat hospitals and kennels, when not
less than one hundred (100) feet from residen-
tially zoned premises or premises used for
residential purposes. For the purpose of this
subsection, measurement of the one hundred
(100) foot distance shall be made in a
straight line, without regard to intervening
structures or objects, from the nearest por-
tion of the property line of a residentially
zoned property or premises used for residen-
tial purposes, to the nearest portion of the
kennel or hospital.
(b) Dog kennels, when not less than three hundred
(300) feet from a structure which is designed
or used as a habitation and which is located
on another person's property. For the purpose
of this subsection, measurement of the three
hundred (300) foot distance shall be made in a
straight line, without regard to intervening
structures or objects, from the nearest por-
tion of an existing habitation to the nearest
portion of the kennel."
SECTION 3.
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
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Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 4.
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 unconsti-
tutional 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 5.
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 6.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. 3011 or any other ordinances affecting zoning 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
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ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof, as
provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
SECTION $.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption, penalty clause and effective date
of this ordinance for two ( 2 ) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by Section 52.013, Texas
Local Government Code.
SECTION 9.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
EFFECTIVE: