Loading...
2003-309S:\Our Docum~nts\Ordinanees\03~EQUESTfian l~v¢lopmcnt. DOC O ANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 6-27(b) OF CHAPTER 6 ANIMALS, PROVIDING AN EXCEPTION FOR EQUESTRIAN DEVELOPMENTS; PROVIDING A PENALTY NOT TO EXCEED $500.00; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas adopted the Denton Development Code on February 20, 2002; and WHEREAS, the Denton Development Code encourages Equestrian Developments in the Rural and Neighborhood Residential Districts; and WHEREAS, Chapter 6, Animals, of the Code of Ordinances of the City of Denton, Texas does not allow horses to be kept 200' from an adjacent property's residence; and WHEREAS, this provision conflicts with the intent of the City Council of the City of Denton, Texas to encourage and provide for Equestrian Developments within the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas desires the amend Chapter 6, Animals, of the Code of Ordinances of the City of Denton, Texas to provide for Equestrian Developments. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the findings in the preamble of this ordinance are incorporated by reference, herein. SECTION 2: That Section 6-2. Defmitions is hereby amended to add a definition for Equestrian Developments as follows: "Equestrian Developments" are residential developments which are designed to accommodate equestrian activities and which provide such facilities as community stables, riding rings, pastures, and riding trails. In addition, private stables may be located on individual residential lots. SECTION 2: That Section 6-27Co). Livestock; sanitary conditions is hereby amended to add an exception for Equestrian Developments as follows: It shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city in any pen, stable, shed or other enclosure at a distance of less than two-hundred (200) feet from any residence, business, commercial establishment, office, school, hospital or nursing home. This does not apply to the livestock owner's residence, business, commercial establishment or office. This does not apply to Equestrian Developments as determined by the Director of Planning and Development pursuant to the provisions of the Denton Development Code. SECTION 3: That any person violating any provision of this ordinance, shall upon conviction, be fined a stun not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4: That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person 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, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5: That save and except as amended hereby, all the sections, sentences, and clauses of Chapter 6 Animals of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION 6: That this ordinance 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/~¢ day°f ~~ EULINE BROCK, MAYOR ,2003 ATTEST: JENNIFER WALTERS, CITY SECRETARY AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY