HomeMy WebLinkAboutOrd 450-2009 Amending Part II Article IV Animals.pdfCITY OF ANNA, TEXAS
ORDINANCE NO.450-2009
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 11, ARTICLE IV, ANIMALS,
SECTION 1.01 DEFINITIONS, SECTION 6 REQUIREMENTS OF LIVESTOCK, AND
SECTION 7 REQUIREMENTS OF CERTAIN FOWL; PROVIDING FOR A PENALTY
FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing the harboring of livestock within the city limits; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part 11, Article IV, Animals, Section 1.01 Definitions, Section 6
Requirements of Livestock, and Section 7 Requirements of Certain Fowl of The Anna
City Code of Ordinances ("Anna Code");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
2.01 PART 11, ARTICLE IV, ANIMALS, SECTION 1.01 DEFINITIONS, SECTION 6
REQUIREMENTS OF LIVESTOCK, AND SECTION 7 REQUIREMENTS OF
CERTAIN FOWL.
In accordance with Part 11, Article I, Section 9 of the Anna Code, the following
amendments are made to Part 11, Article IV, Animals, Section 1.01 Definitions, Section 6
Requirements of Livestock, and Section 7 Requirements of Certain Fowl.
Ord. 4W2009 Amending Part 11, Article IV Animals.doe 1 06-23-09
Section 1. Animals — Generally
1.01 Definitions
Domestic Fowl means birds raised commercially or domestically for meat, eggs, and
feathers including chickens, ducks, tudLeys, geese, guineas, squabs, and other
domestic fowl of the same approximate size and weight.
Small Livestock means all types of domesticated swine (in e*Gesr, of 125 peuRds),
sheep, lambs, goats, and other Animals of the same approximate size and weight.
Section 6. Requirements e# Restrictions on Livestock and Domestic Fowl
6.01 Swine
It shall be unlawful for any Person, firm or corporation to keep Harbor any swine,
including pot-bellied pigs, within the Anna city limit —, unless reFtified for Fnediral,
biolegir.al, eduGational OF otheF SGieAtifiG Feseamh OF S".
6.02 Livestock or Domestic Fowl Restricted
It shall be unlawful for anv Person to Harbor anv Livestock or Domestic Fowl on anv lot
premises, or tract within the City except for a lot, premises, or tract that is at least two
acres in size and zoned Agricultural, Single Family Estate, or Planned Development and
only to the extent that the zoning specifically applicable to such lot, premises, or tract
permits Harboring of Livestock or Domestic Foul.
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(a) On any lot, premises, or tract that is at least two acres in size, it shall be
unlawful within the Anna city limits for any Person to Harbor more than:
1. a single Large Livestock animal Der one acre and its young up to nine
months of age:
2. a single Small Livestock animal per one-half acre, and
3. a single Domestic Fowl animal per one -eighth acre of such premises or
tract.
(b) It shall be unlawful for any Person to Harbor more than an aggregate of 12
Domestic Fowl in One Enclosure. Additionally, not more than one -quarter of
the number of Domesticated Fowl in One Enclosure may be of the male
Ord. 450-2009 Amending Part 11, Arfide IV Animals.doc 2 06-23-09
species.
(c) Agricultural zoned properties are exempt under this section, as long as the
Person does not Harbor more than can be cared for under sanitary conditions
and/or create a nuisance.
(d) The Person in lawful possession of a lot, premises, or tract, as the owner
thereof or the owner's tenant, may Harbor thereon cattle, horses, calves, o
foals belonging to others but must still comply with all Provisions of this
section and abide by its restrictions.
(e) Any Agricultural zoned premises shall not be operated as a commercial
business in violation of any City ordinance.
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(a) Small LivestoGk aAd LaFge Livestock and Domestic Fowl must be kept within an
enclosure, pen, corral, or restrictive area to prevent exit by the Animal(s). The fence
posts must not sway more than six inches when tested by an Animal Control Officer.
(b) A gate for a small -Livestock ivestock enclosure shall be mounted on hinges to a solid wall or
fence post. Such a gate must connect with another fence post or wall in a manner that
Small Livestock cannot pass through it, and the gate itself must be constructed so that
there is not an opening that will allow the Animal(s) to escape the enclosed area. The
gate must have a latch or chain attached capable of keeping it closed when tested by
an Animal Control Officer.
6-.04 6.05 Proximity of Lilveeto& Areas -to Human Living Quarters
f@1 It shall be unlawful for any OwneF Person to beep -Harbor on premises within
the Anna city limits under his/her control, any Small -Livestock ivestock or LaFge
I=ivesWGk ' Domestic Fowl in such a manner that any of same the Liveste ill
be quartered closer than 100 feet from any human living quarters measured
in a straight line from any direction, whether occupied or unoccupied.
Ord. 450-2009 Amending Part 11, Arfide IV Animals.doc 3 06-23-09
Notwithstanding the foregoing, if the human living quarters are the Wing
quarters of the QWA8F OF keepej:-_HadLorer, then the wall Livestock or LaFge .
WyeeAqrak * Domestic Fowl must not be quartered closer than 20 feet thereto
measured in a straight line from any direction.
No Livestock or Domestic Fowl shall be permitted to graze, forage o
otherwise roam within 100 feet of any neighboring dwelling, residence, or
structure used for human occupancy, other than that of the Harborer.
6.06 .06 Confinement of Male Horses
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6.07 Agricultural Education Pro -grams
Properties that are owned by Anna Independent School District and used for agricultural
education programs are exempt from the requirements in Sections 6.01, 6.02 and 6.03.
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Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
Ord. 450-2009 Amending Part 11, Arfide IV Animals.doc 4 06-23-09
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
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PASSED by the City Council of the City of Anna, Texas, this 23"d day of June 2009.
ATTESTED:
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Citj Se6retary, Natha Wilkison
OF
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Ord. -2009 Amending Part 11, Arficle IV Animals.doc 5 06-22-461,