HomeMy WebLinkAboutORD 07-014 ORDINANCE NO. 07-014
ENTITLED AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I,
SECTIONS 5-2.1, SUBSECTIONS 5-4(a) and (c)(5)(a), (b) and (c),
SECTION 5-8, SUBSECTION 5-13(b), SECTION 5-16, AND
ARTICLE II, SUBSECTIONS 5-19.3(a)(3) and SECTION 5-19.4 OF
THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 5, Article I, Section 5-2.1, be and the same is hereby
amended to read as follows:
Sec. 5-2.1. Selling of animals; private animal sales.
It shall be unlawful for any person to offer, sell, trade, barter, lease, rent,
give away, or display for commercial purpose any live animal, on any roadside,
public right-of-way, commercial parking lot, or any flea market within the city.
This provision does not prohibit the sale or purchase of animals from a person's
private residence.
Section 2.
That Chapter 5, Article I, Subsections 5-4(a) and 5-4(c)(5)(a)(b) and (c),
be and the same are hereby amended to read as follows:
Sec. 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.
(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:
(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 may be 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 1/2 animal unit
Each cow or other large animal One animal unit
Offspring of equine animals may be kept for a period of
eighteen (18) months and offspring of other livestock may be
kept for a period of twelve (12) months, after birth, before
being assigned any animal unit values.
Section 3.
That Chapter 5, Article I, Section 5-8, be and the same is hereby amended
to read as follows:
Sec. 5-8. Unclean animal pens, etc.--Generally.
It shall be unlawful and constitute the creation and maintenance of a
public nuisance, for any person owning or having charge of any stable, stall,
shed, or yard or appurtenance thereto, in which any horse, cow, or other animal
shall be kept, or any place within the city in which manure or liquid discharge of
such animal shall collect and accumulate, to allow such stable, stall, shed, or
yard or appurtenance thereto to be kept in other than a clean and sanitary
condition, or allow the same to remain in a condition which would constitute a
breeding place for flies, provided, nothing in this section shall be so construed as
to include manure deposits upon private property for the purpose of cultivation or
to be used as fertilizer.
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 Chapter 5, Article I, Subsections 5-13(b), be and the same is hereby
amended to read as follows:
Sec. 5-13. Same--Confinement of fowl or other bird; impounding.
(b) It shall be the duty of the local health authority to take up any domestic fowl
or other bird found at large and confine such domestic fowl or bird in the city
shelter for seventy-two (72) hours. If the owner of a domestic fowl impounded
fails to claim such fowl within seventy-two (72) hours, it shall be the duty of
the local health authority to humanely destroy the confined fowl or bird, as
authorized by Texas Health & Safety Code.
Section 5.
That Chapter 5, Article I, Section 5-16 be and the same is hereby
amended to read as follows:
Sec. 5-16. Dead animals—Disposal; leaving carcass exposed is nuisance.
No person shall place or deposit the exposed carcass of any animal or
fowl on any street, alley, highway or public place or upon private property or
permit to stand any truck or other vehicle containing such carcass on any street,
alley, highway or public place or on private property within the city. The term
"exposed" as used in this section means the exposure of the carcass of an
animal so that putrefying odors may escape and contaminate the air.
Such person or persons shall cause the carcass of such animal or fowl to
be disposed of as follows:
a) Putting the carcass in tied, double plastic bags and placing at the edge
of the driveway, close to but not on the roadway;
b) Phoning Animal Control in a timely manner to pick-up and dispose of
the bagged, dead animal* before such time that the carcass begins to
putrefy, decay and/or become infested with maggots.
*Any animal weighing 80 lbs. or more must be disposed of by the owner or
persons in possession of said dead animal.
Section 6.
That Chapter 5, Article II, Subsection 5-19.3(a)(3), be and the same is
hereby amended to read as follows:
Sec. 5-19.3. Reporting significant events.
(a) The owner of an animal declared dangerous under the provisions of this
article shall report any of the following events within five (5) days to the
animal control officer:
(3) The birth of any offspring of the animal, including the number,
markings, color and sex.
Section 7.
That Chapter 5, Article II, Section 5-19.4, be and the same are hereby
amended to read as follows:
Sec. 5-19.4. Penalties for violation.
The owner of an animal declared to be dangerous herein shall also be
subject to a fine of not less than one hundred dollars ($100.00) but not more
than five hundred dollars ($500.00) for each violation of subsection 5-19.2 or 5-
19.3 of this chapter or for interference with enforcement of this chapter. This
penal provision is in addition to any administrative determination by the animal
control officer or the director of the city health department.
Section 8.
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 9.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 10.
That any person who violates any provision of this ordinance shall, upon
h
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
13th day of February, 2007.
- Mayor Pro Tem Nancy Beaulieu -