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2005-291 S:\Qur Documents\Ordinances\05\Chapter 6 Amended Animal Livestock Ord.doc ORDINANCE NO. Z DO 5 - 2 q I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 6 RELATING TO ANIMALS BY AMENDING SECTIONS 6-27 REGARDING THE KEEPING OF LIVESTOCK; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 6 of the Code of Ordinances of the City ("Animals") is hereby amended by amending Section 6-27, which shall read as follows: SECTION 6 - ANIMALS ARTICLE I. IN GENERAL Sec. 6-27. Livestock; sanitary conditions and registration requirements. (a) It shall be unlawful for any person to keep or harbor any livestock within the corporate limits ofthe city if the person does not have a parcel ofland at least one acre in size. (b) It shall be unlawful for any person to keep or harbor more than two head of livestock within the corporate limits of the city if the person has a parcel of land less than three acres in sizc. ( c) For every parcel of land greater than three acres, a person may have one additional head of livestock for every acre over three acres. (d) In addition to the requirements in subsections (a) through (c), it shall be unlawful for any person to feed or keep any species of swine in any lot, pen,' building, stable, or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is nearer than one-thousand (1,000) feet to any building. If a person is in compliance with this subsection, future changes to adjacent property owned by another will be a defense to prosecution under this ordinance. (e) It shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city, where there is less than ten thousand (lO,OQO) square feet for each head of cattle or horse and three thousand (3,000) square feet for all other types of livestock. S:\Our Documcnts\Ordinanccs\05\Chaptcr 6 Amended Animal Livestock Ord.doc (f) It shall be unlawful for any owner or person in control of any livestock to maintain yards, pens, stables, sheds, or other enclosures in which such animals 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. (g) Manure and droppings shall be removed from pens, stables, yards, coops and other enclosures weekly and handled or disposed of in such a manner as to keep the premises free of any nuisance. (h) Mound storage of droppings of manure between such removals shall be permitted, only under such conditions as to protect against the breeding of flies, rodents, and to prevent the migration of fly larvae (maggots) into the surrounding soil. (i) The feeding of vegetables, meat scraps or garbage to livestock shall be done only in impervious containers or on an impervious platform. (j) Watering troughs or tanks shall be provided, which shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes or other insects. (k) No putrescible material shall be allowed to accumulate on the premises; and all such material used to feed, which is unconsumed, shall be removed and disposed of by burial or other sanitary means. (I) Registration requirements. Persons maintaining livestock within the city limits shall annually rcgister with the City of Denton Animal Services Department. The registration shall include a designation by the owner of the use of the property for livestock, proof of the acreage of the parcel ofland, the distance requirements for swine if applicable, and the number and type of livestock kept on the parceL There shall be no fee for this registration. It shall be unlawful for a person to add additional heads of livestock without amending the registration within thirty days of acquiring the additional livestock SECTION 2. 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 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any pcrson or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would have enacted such remaining portions despite any such invalidity. . Page 2 of3 S:\Our Documents\Ordinances\05\Chapter 6 Amended Animal Livestock Ord,doc SECTION 4. Save and except as amended hereby, all the provlslOns, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect 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 6J;Ot;b day ode,,~..;n/;f'V ,2005. c~dvclL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: CfM; ~(1j"udJ.JJ11~1 !1JIt: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 of3