Loading...
HomeMy WebLinkAboutORD 01-080 ORDINANCE NO. 01-080 ENTITLED AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES TO AMEND AREA, DISTANCE,AND CREATING REGULATIONS CONCERNING THE KEEPING OF LIVESTOCK IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 5, Section 5-4 of the Code of Ordinances of the City of Beaumont be deleted and the same is hereby amended to read as follows: Section 5.4; Livestock Permitted, Number (a) Definition: For purposes of this article the term "livestock" shall mean any horse, mule, cattle, hog, sheep, goat, guinea pig, hamster, rabbit or similar animal classified as livestock. (b) It shall be unlawful, except as provided in Section 5.4 (c) of this Chapter for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the City limits. (c) Area limitations and maintenance requirements for the keeping of livestock and poultry. The provisions of section 5.4 (b) shall not apply to the following situations: 1. Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses 2. Bona fide public or private school projects, when conducted upon school property and under faculty supervision. 3. Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine. 4. Guinea pigs, hamsters, rabbits, chickens ducks or other animals or fowl of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowl. 5. Livestock (other than hogs or pigs) which are kept in compliance with the following requirements: (a) Horses or other equine animals, as a private stable (not for commercial purposes) and other livestock and poultry may be kept on tracts of land with not less than twenty thousand (20,000) square feet. (b) Bovine animals maybe kept for personal use(not for commercial purposes) on tracts of land with not less than forty thousand (40,000) square feet. (c) Livestock which are kept as pets for non-commercial purposes only, shall be provided not less than twenty thousand (20,000) square feet of land area in the tract for each animal unit. The following animal units values are to be assigned to livestock, except for small animals described in subsection (c)4 above, in determining the number of animals which may be kept on a tract of land: Each Iamb or sheep 1/5 animal unit Each goat 1/6 animal unit Each horse or other equine animal '/ animal unit Each cow or other large animal 1 animal unit Offspring of equine animals may be kept for a period of eighteen (18) months and other livestock for a period of twelve (12) months, after birth before being assigned any animal unit values. (d) In connection with all of the above described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this Section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Also, any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the Beaumont Public Health Department. Section 2. That Chapter 5, Section 5-5 of the Code of Ordinances of the City of Beaumont be deleted and the same is hereby amended to read as follows: Sec. 5-5; Minimum distance from dwellings, etc. The keeping on any premises in the city of any livestock not prohibited by section 5.4 (b), is prohibited unless the pens, stalls, or other facilities for keeping the same shall be so located that the livestock cannot come within one hundred fifty (150) feet of any dwelling, church, school, hospital or business building owned, used or maintained by any person other than the keeper of the livestock, or within five hundred (500)feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. A variance in the one hundred fifty (150) feet distance requirement may be granted by the Health Director if all property owners who have a dwelling, church, school, hospital or business within one hundred-fifty(150)feet of the area within which livestock are kept give their written consent for such a variance. Such variance shall specify the minimum distance requirement approved and shall not be less than seventy five (75) feet. This provision shall not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. Section 3. That Chapter 5, Section 5-8 is hereby amended to add a new subsection to read as follows: Sec. 5.8; Unclean animal pens, etc.--Generally The maintaining or keeping of all animals within the City shall be allowed only if the presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2001. r� - Mayor -