HomeMy WebLinkAboutOrdinance 11528ORDINANCE NO. ~ ~~
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL", AND
APPENDIX B, CHAPTER ilA, "DEPARTMENT OF CITY SERVICES",
OF THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED,
BY CHANGING SECTION 6-l, "DEFINITIONS", TO AMEND THE
DEFINITIONS OF "LIVESTOCK" AND "PROHIBITED ANIMAL" AND TO
ADD DEFINITIONS OF "EMU", "OSTRICH" AND "RHEA", AND BY
CHANGING SECTION 11A-18, "STABLES, STALLS, ETC. IN WHICH
MANURE ACCUMULATES" AND SECTION 11A-21, "KEEPING OF
CATTLE, HORSES, SHEEP, GOATS; REGULATIONS" TO INCLUDE
CERTAIN PROVISIONS CONCERNING THE KEEPING OF EMUS,
OSTRICHES, AND RHEAS; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
FINE OF UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT
THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
• That Chapter b, "Animals and Fowl" of the Code of the City of
Fort Worth, Texas (1986), as amended, is hereby amended by changing
the definitions of "Livestock" and "Prohibited Animal" in Section
6-1 to read as follows, and by adding the following definitions of
"Emu", "Ostrich" and "Rhea" to Section 6-1:
"Emu: A fowl of the Order of Casuariiforme.
Livestock: A horse, stallion, mare, gelding, filly, colt,
mule, hinny, jack, jennet, hog, sheep, goat, a head of any
species of cattle, or an emu, ostrich or rhea.
Ostrich: A fowl of the Order of Struthioniforme.
Prohibited Animal:
(1) Any animal not normally born and raised in
captivity, including but not limited to the
following:
a. Class Reptilia: Family Helodermatidae (the
. venomous lizards) and Varanidae (monitor):
Order Ophidia, Family Biodae (boas, pythons,
anacondas); Family Hydrophiidae (marine
. snakes); Family Viperidae (rattlesnakes, pit
vipers and true vipers); Family Elapidae
(coral snakes, cobras and mambas); Family
Columbridae-Dispholidus Typus (boomslang);
Bioga Dendrophilia (mangrove snake) and
Kirklandii (twig snake only); Order Crocodilia
(such as crocodiles and alligators);
b. Class Aves: Order Falconiforms (such as hawks,
eagles, falcons and vultures);
c. Class Mammalia: Order Carnivores, the Family
Felides (such as lions, tigers, bobcats,
jaguars, leopard and cougars), except commonly
domesticated cats; the Family Canidae (such as
wolves, dingos, coyotes, foxes, and jackals),
except commonly domesticated dogs; the Family
Mustelidae (such as weasels, skunks, martins,
ferrets, minks, badgers); Family Procyonidae
(racoon); Family Ursidae (such as bears); and
Order Marsupali (such as kangaroos, opossums,
koala bears, wallabys, bandicoots, and
wombats); Order Chiroperta (bats); Order
Edentata (such as sloths, anteaters, and
armadillo); Order Proboscidea (elephants);
Order Primata (such as monkeys, chimpanzees,
orangutans, and gorillas); Order Rodentia
(such as beaver, porcupines) and Order
Ungulata (such as antelope, deer, bison and
camels);
d. Class Amphibia: Poisonous frogs.
(2) Does not include livestock, fowl or normal
household pets, such as but not limited to dogs,
cats, cockatiels, hamsters, guinea pigs, gerbils,
rabbits, fish or small, nonpoisonous reptiles, or
nonpoisonous snakes of a species which does not
reach a length greater than six (6) feet.
Rhea: A fowl of the Order of Rheiforme."
SECTION 2.
That the Code of the City of Fort Worth, Texas (1986), as
amended, is hereby further amended by changing Section 11A-18
thereof to read as follows:
"Sec. ilA-18. Stables, stalls, etc. in which manure accumulates.
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. It shall be unlawful to keep or permit to be kept any stable,
stall, shed, or apartment, or any yard or appurtenance
thereof, in which any horse, cattle, cow, swine, emu, ostrich,
rhea, or any other animal shall be kept, or any other place
within the city in which manure or liquid discharges of such
animals shall collect or accumulate, in an unclean and
unsanitary condition which allows offensive smells to escape
therefrom; providing that nothing in this section shall be
construed so as to include manure deposits upon any private
property for purposes of cultivating same, when such deposits
are maintained so as to prevent the breeding of flies."
SECTION 3.
That the Code of the City of Fort Worth, Texas (1986), as
amended, is hereby further amended by changing Section 11A-21
thereof to read as follows:
"Sec. ilA-21. Keeping of cattle, horses, sheep, goats, and
certain animals; regulations.
It shall be unlawful to keep, possess or maintain any horse,
mule, donkey, or other animal of the equine family or any cow,
calf, steer, or bull or other member of the bovine family, or
• any sheep, ram, ewe, lamb, or any goat, billy, nanny or kid,
or any emu, ostrich, or rhea on any parcel of land unless such
parcel of land shall have a minimum area of seven thousand
five hundred (7,500) square feet for one (1) such animal, and
seven thousand five hundred (7, 500) additional square feet for
each additional animal. It shall be unlawful to keep, possess
or maintain any horse, mule, donkey, cow, calf, steer, bull,
sheep, ram, ewe, lamb, goat, billy, nanny or kid, or any emu,
ostrich or rhea, within one hundred (100) feet of any
residence or building used from human habitation (other than
that of the keeper 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, such distance of one hundred (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 habitation, restaurant, cafe, other
public eating place, or church, school or hospital.
SECTION 4.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1986),
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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 5.
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 6.
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 7.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
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the ordinances amended in Sections 1, 2 and 3, 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 8.
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 9.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Section 6 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 10.
This ordinance shall be in full force and effect after its
passage and publication as required by law, and it is so ordained.
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date • 3 ~ 3 ~
ADOPTED : 7 ~ S ' 19~~
EFFECTIVE:
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TEXAS
Date File Number Subject Ordinance Regulating the Keeping of
3-30-94 CP- 183 Emus, Ostriches and Rheas in the City of Fort Worth
Proposed by couxciLworsArt City Manager's R%~%_~ew
JEWELL WOODS L~~11~-i1.--\ n St~~ \ Page 1 Of 2
ProAOSal•
It is proposed that the City Council adopt the attached ordinance which would regulate the
keeping of emus, ostriches and rheas in the City of Fort Worth.
Backaround•
Citizens have contacted members of the City Council concerning current ordinances which
prohibited the keeping of emus, ostriches and rheas in the City of Fort Worth. These
citizens have asked the Council to amend the ordinances to permit the keeping of emus,
ostriches and rheas in the City under the same regulations that apply to the keeping of
livestock such as horses, sheep and cattle.
The attached ordinance was prepared by the Department of Law in cooperation with the
Department of Public Health and the Code Enforcement Division.
The ordinance contains the following provisions:
1 The definition of "Livestock" is changed to include emus, ostriches and rheas.
2. The definition of "Prohibited animal" is changed to exclude emus, ostriches and rheas
3 Emus, ostriches and rheas are required to be kept in accordance with the same
regulations as other livestock- i.e., the parcel of land where the birds are kept must
have '~at~~Teast 7 , 500 square feet for each bird and no bird may be kept closer tha!- 100 feet
'from,the nearest place of human habitation (other than that of the keeper or owner of the
birds), restaurant, cafe, other public eating place, church, school or hospital.
4. The areas where the birds are kept must be maintained in clean and sanitary condition
at all times.
5. Violations of the ordinance are punishable by a fine of not more than $2,000 for each
violation
Adoption of the ordinance would permit these birds to be kept in the City under conditional
that would adequately protect the public health, safety and welfare.
^ LEGALITY
^ FISCAL NOTE
^ CITY MANAGER'S COMMENTS
^ CITY POLICIES MANUAL
COUNCIL PROPOSAL
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TEXAS
COUNCIL PROPOSAL
Date File Number Subject Ordinance Regulating the Keeping of
3-30-94 CP- 183 Emus, Ostriches and Rheas in the City of Fort Worth
Proposed by ~ COUNCILWOMAN City Manager's Review~~ fJ
JEWELL WOODS ~/~` ~ Page 2 of 2
Legality:
The City Attorney has- reviewed. this proposal and finds no legal impediments to adoption
of the attached ordinance.
d
Fiscal Note•
This proposal does not require the expenditure of any additional City funds.
City Manager's Comments:
The City Manager has reviewed this proposal and has no objection to adoption of the
attached ordinance.
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^ LEGALITY
^ FISCAL NOTE
~ CITY MANAGER'S COMMENTS
^ CITY POLICIES MANUAL
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