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HomeMy WebLinkAboutORD 265 Limiting the Number of Fowls at Any Residence ]ill1Jj IT [i LJ .4' . " ORDINANCE NO. 261) An ORDINANCE LlltITING TEfF. NU1'::BER OF FO'HLS THAT P;;YY'RESIDENT OF WEST II UI\JlVERSITY PLACE !,;AY Hff'lE OR KSEP 01\T SUCH &~SIDENT' S PROPERTY; DEFI1'ITNG THE TEm~ FOWL; PR"TI:SCRIBING A PENALTY FOR VICIATION OF TIllS ORDIJ\fA1\TCE; PROVIDI1\TG FOR AN EFFECTIVE DATE I-IEREOF; PROVIDING THAT Al'TY PART OF THIS ORDH!ANCE FOUr1D TO BE UNCONSTITDTIO HAL OR IN\[ ftL ID SHALL NOT EFFECT ANY OTHER PART OF TIns ORDINftlWE; PROVIDDm T'"rlAT ft~L ORDDTAI'JCES IN CQ]'{FLICT HEREVlITH BE REPEALED; AND PROVIDING THAT T'"rlE PROVISIONS OF THIS ORDIR4.NCE NOT HrcONSISTEIIT 7HTH ANY'OTHER ORDll\JANCE SHALL Bli:: CmfITJLA TIVE REGARDING AI,L l::ATTERS REGULATED BY THIS ORDINANCE.: V~REAS, the City Commission of the City of West University Place, Texas, has' heard many complaints regarding the raising of fowls within the city limits from the neighbors of the raisers of such foWls and has referred the complaints to the City Health De~3rtment and its Health Officer; and ~~REAS, after careful and thorough investigation, both by the City Comwission and the City Health Department, under the direction of the City Health Officer, it has been determined by the City Commission that a necessity exists for the regulation of fowls within the c~ty limits; a~ . , VffiEREAS, the keeping of more fowls that is provided herein consti- tutes a public nuisance, which nuisance in each instance should be abated and prohibited; THE REF 0 R E, BE IT RESOLVED BY THE CITY COI,lv:rsSIOIJ OF THE CITY OF WEST - UNlVERSITI PLACE, TEXAS: II r That after the effective date of this ordinance, no perls'on or persons shall keep or have in his, her or their possession or on the lot, tract or parcel of land upon Which he, she or they reside, more than seventh-five (75) fowls at any one t~e, provided the lot, tract or Darcel of land upon Which such person or persons r.eside shall co ntain fifteen thousand (15,000) square feet or more of area; and provided fur- ther that if the total area resided upon by any such person or persons shall be less than fifteen thousand (15,000) square feet, then, in that event, such person or Dersons shall not have or keep at any time more than twenty-five (251 fowls for each five thousand (5,000) square feet, or . one (1) fowl to ea ch two hundred. (200) square fee t, of su ch area res,ided upon. II The term 'tFO\VL" as herein used 'means any member of the bird [r--I family. The use of the singular of such word shall include the plural J and the use of the plural thereof shall include the singular. .1 " , 6,5 III Any person or Dersons violating any part or \~rOV1Slon of this ordinance shall be deemed guilty of a misdemeanor, and shall, upon his or her conviction, be fined in any amount of money not exceeding One Hundred Dollars ($lOO.OO); and eacp day of such violation shall constitute a separate offense. IV If any part of this ordinance for any reason shall be uncon- stitutional or ineffective, such unconstitut~onal or ineffective part or parts shall not in any manner effect any other part of this' ordinance; and this ordinance shall be cumulative of all matters herein legislated upon with all ordinances and laws not inconsistent herewith. v All ordinances and yarts of ordinances in conflict herewith, or any part hereof, are hereby reyealed, insofar as such conflict or con- flicts exist only. VI This ordinance shall be effective and in full force and effect on and after the-1-day of October, A. D. 1943. PASSED AIm APPROVED THIS--2.... DAY OF AUGUST, A. D. 1943, by a vote of--i- ayes and-D2-noes. a~~ ~~YOR, City of West University Place ATTEST: ~~ i' : -=-