ARTICLE 2.05 LIVESTOCK AND OTHER NON-PET ANIMALS

Large livestock typically need one-thousand (1,000) square feet for each animal. Adult animals with offspring less than six months of age shall be counted as a single animal to determine the total number of animals kept per lot. The person in lawful control of the premises, as owner or tenant, may keep large livestock belonging to others, but the limitation as to the number of animals and the area and distance requirements shall apply.

It shall be unlawful for any person to keep on premises under his control within the city limits any large or small livestock, or pen or enclosure in which livestock are kept or maintained, within 100 feet of any building used for residential purpose, other than the living quarters of the owner or keeper. Such animals, pens or enclosures shall not be located within 100 feet of any public eating establishment or place, or any church, school or hospital.

Small livestock typically need three-hundred (300) square feet for each animal. Adult animals with offspring less than six months of age shall be counted as a single animal to determine the total number of animals kept per lot. Small livestock shall be kept in pens, coops, hutches or other enclosures no smaller than the minimum size recommended by FFA, 4-H or the local extension service agent.

Any person keeping or harboring any animal other than livestock, including but not limited to fowl, rabbits, and guinea pigs, shall locate any pen, coop, hutch or other housing at least 50 feet from any residence, excluding the residence of the person keeping or harboring the animals. This section does not apply to dogs or cats kept as pets below the maximum number allowed without a special permit, or animals kept inside of a residence as pets.

Such distances shall be measured in a straight line from the nearest point of the shed, stable, barn, pen or fenced enclosure to the nearest point of the building used for human habitation for the purposes listed above.

The above provisions shall prohibit neither the temporary keeping of animals for slaughter, sale, treatment by veterinarians, or exhibition at fairs, shows, and rodeo events, nor the temporary or permanent keeping of animals for teaching or research purposes at a medical school, a veterinary school, or a high school agricultural facility, provided that the person in charge of the animals complies with all of the other applicable restrictions of this code, including those related to sanitary conditions, nuisances and noise.

It shall be a defense to prosecution regarding the number of livestock, fowl, guinea pigs or rabbits being kept that the same number of livestock or miscellaneous animals, and no more than the number and kinds of animals in question, were being kept on the same premises, by the same owner, prior to the adoption of this article. Notwithstanding the foregoing, at such time as the livestock on the property dies, is sold or is removed from the property for a period of time exceeding fourteen (14) days, it may not be replaced until such time as the livestock and the premises meet the requirements set forth herein, and then may only be replaced to the extent such number and kind is in conformance with this article. Notwithstanding the foregoing, should, at any time, the conditions in which the animals or premises are kept violate provisions of this article or the nuisance ordinance of the city, the use of the premises for livestock shall be ceased, and the livestock may only be replaced until such time as the premises and the livestock meet all provisions of this article, including the requirements for number, area and distance.

It shall be unlawful for any person to stake, tie, or hobble any animal whatsoever on any lot of which he is not the owner or person in control of the property. It shall be unlawful for any animal to be staked or tied on any open or unfenced lot or land within the city so that the animal so tied or staked could get on, across or within eight feet of any street, park, public land, sidewalk, public walkway or building. Such animal so tied or staked shall be considered a public nuisance, and may be impounded as any other animal found running at-large.

It shall be unlawful to tether, chain or fasten an animal in such a way as to cause the animal in such a manner as to cause it pain or injury or to not permit it to reach food water or shelter.

Fences or barriers may be constructed of wood, wire, steel pipe, chainlink, or other suitable materials. Fences and barriers may not include trash or junk (including but not limited to doors, bedsprings, rusty miscellaneous metal pieces, etc.). Fences must comply with the general requirements in the city's adopted building and zoning codes. Gates must be operable and securable and suitable to the purpose of accessing the area for care of the animals and controlled movement of animals in and out of the area.

It shall be unlawful for a person to keep any livestock on premises owned or controlled by him without providing adequate fences or barriers to prevent such livestock from escaping and/or damaging elements or features of adjacent property. It shall be a rebuttable presumption that such fences and barriers are inadequate for the design purpose if livestock escapes from the premises. The presumption is rebuttable and shall have the consequences and effects set forth in V.T.C.A., Texas Penal Code Section 2.05, as amended from time to time.

All barns, stables and other animal facilities constructed after the date of this article shall meet the requirements of the city building code and zoning ordinances as applicable thereto.

It shall be unlawful for any person to maintain any pen, enclosure, hutch, run, pound or area for any animal in an unsanitary condition. The keeper of any such enclosure or area shall be responsible for the pickup and disposal of animal feces or other decaying or offensive matter often enough so that there is no odor detectible outside the extent of his property, or fly attraction to the enclosure or area which would disturb a person of normal sensibilities or constitute a health hazard to humans.

Any person owning or leasing any stable or other building where any livestock is kept shall maintain a substantial and sufficient receptacle for manure which must be so constructed and kept so as to protect the contents from rain and so screened as to prevent access by flies, and all manure must be placed in such receptacle at reasonable intervals to prevent a nuisance as described in subsection (d) above. The stored manure must be removed from the premises at least once a week or often enough to prevent the accumulation of manure from becoming a nuisance.

All feed provided for animals, other than hay, shall be kept in an enclosed building or container except when being used to feed an animal.

Regardless of the number of animals allowed for a given area, if a person receives three (3) notices of violation of this section within a period of a year, a show cause hearing may be required to determine whether the owner shall be allowed to continue the use of the property for keeping of animals.

Notwithstanding compliance with the provisions of this article, there is no exception for compliance with any and all other city ordinances. Compliance with the provisions of this article is no defense to violation of any and all other codes and ordinances of the city and the laws of the state.

Any species of wild or exotic animal(s), not considered to be domesticated according to generally accepted animal control or veterinary practices, or that poses a serious threat to public health safety or welfare, or is protected by international, federal, or state regulation, or any other wild animal, including birds of prey, capable of or inclined to do serious bodily harm to humans or domestic animals, shall not be kept within the city limits.

The provisions in subsection (a) above do not apply to the keeping of wild or exotic animals if the owner or possessor;

The following wild or exotic animals may be kept within the city, provided that certain requirements are met:

Any pen, corral, cage or area in which these animals are kept shall be constructed so as to prevent their escape. Pens, corrals, cages or other areas of confinement shall not be located closer than 50 feet from any residence, public eating place, church, or school, excluding the residence of the owner of such animals.

The owner of such animal shall obtain and maintain any and all necessary international, federal, state licenses and/or permits, if required.

The animal control officer may seize and/or order the immediate impoundment or quarantine, at the owner's expense, of any wild or exotic animal found in the city where there is a potentially serious threat to public health, safety, or welfare, or if any violation of any provision of this article exists. The animal control officer may seek a warrant of seizure from the municipal court of record, which court upon probable cause may issue a warrant authorizing a seizure. A hearing shall be conducted on the disposition of the animal within fourteen (14) days of the seizure. The owner or keeper of the animal, to the extent that the same is known or can be determined through reasonable due diligence, shall receive written notice of the hearing, by personal service, and/or certified mail, return receipt requested, as soon as practicable, but not later than five (5) days before the hearing.