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.
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