2012-257s:\legal\our documents\ordinances112\urbanchickensanimalamendments2.doc
oxDIIVaNCE No. 2012-257
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 6 BY AMENDING SECTION 6-26 TO ADD PROVISIONS TO ALLOW THE
KEEPING OF CHICKENS WITHIN THE CITY LIMITS OF DENTON WITH CERTAIN
RESTRICTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. Chapter 6"Animals" of the Code of Ordinances of Denton, Texas is
hereby amended by amending Section 6-26 to add subsections (a) through (e) and to re-designate
the original subsections as subsections (� and (g). Section 6-26 shall read as follows:
Sec. 6-26. - Keeping of fowl.
(a) It shall be unlawful for any owner of any chicicen to maintain more than eight (8)
hens on any single parcel of property in a residential neighborhood.
(b) It shall be unlawful for any person to lceep or harbor any chicicen within the corporate
limits of the city in any pen, shed, coop, enclosed structure, or fenced yard, if any part
of such enclosure, structure, or yard is within fifty (50) feet of any residence, business
or commercial establishment oi� office, school, hospital or nursing home.
(c) It shall be unlawful for any person to lceep or harbor a rooster within the corporate
limits of the city in any pen, shed, coop, enclosed structure, or fenced yard, if any part
of such enclosure, structure, or yard is within one hundred fifty (150) feet of any
residence, business or commercial establishment or office, school, hospital or nursing
home.
(d) It shall be unlawful for any person to l<eep or harbor any chicken that is not
maintained within an enclosed structure or fenced yard that prevents the animal from
straying off of the owner's property.
(e) It shall be unlawful for any person to lceep or harbor any chicicen within the corporate
limits of the city unless the person possess a current and valid permit from the city.
( fl It shall be unlawful for any person to keep or harbor any fowl (other than chickens)
within the corporate limits of the city in any pen, shed, coop, enclosed structure, or
fenced yard, if any part of such enclosure, structure, or yard is within one hundred
fifty (150) feet of any residence, business or commercial establishment or office,
S:1Legall0ur pocuments\Ordinances\12\UrbanChickensAnimalAmendments2.doc
school, hospital or nursing home. This section shall not apply to pet birds kept within
residential or commercial structures, nor shall it apply to birdhouses for the keeping
of migrating or wild birds.
(g) It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops,
or other enclosures in which such fowl are confined in such a manner as to give off
odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed
or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to
endanger the public health, safety or welfare, or to create a public nuisance.
SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 3. Save and except as amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the Z�day of �j"t/, 2012
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By: ,-�.
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S:�L,egal\Our pocumentsl0rdinances\121UrbanChickensAnimalAmendments2.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
C �'
By:
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