HomeMy WebLinkAboutORD 2041 Amending Chapter 14 Regardig Fowl and Other AnimalsCity of West University Place
Harris County, Texas
ORDINANCE NO. 2041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 14, ARTICLE I,
OF THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, BY AMENDING SECTIONS 14 -1, 14 -4,
14 -5, 14 -6, 14 -11 AND 14 -16 AND DELETING SECTIONS 14 -8, 14 -10
AND 14 -13 TO CLARIFY THE PROHIBITION CONCERNING THE
KEEPING OF FOWL; CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 14, Article 1 of the Code of Ordinances of the City of West
University Place, Texas is amended by the repeal of the existing Sections 14 -1, 14 -4,
14 -5, 14 -6, 14 -11 and 14 -16 and deleting Sections 14 -8, 14 -10 and 14 -13 to clarify the
prohibition concerning the keeping of fowl; and the adoption of new Sections 14 -1, 14 -4,
14 -5, 14 -6, 14 -11 and 14 -16 to read as set out in Appendix A, attached hereto. All other
portions of Chapter 14 of the Code of Ordinances not specifically amended hereby
remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
t00192080.ducA I
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 4th day
of December '2017.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND
SIGNED, on the 11th day of December , 2017.
4�. Vf vA "- Signed: cn
A City Secretary Mayor
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City
Approved as to legal form:
City Attorney
City of West University Place
Harris County, Texas
Appendix A
(deletions shown by strike -out, additions shown by underline)
Sec. 14 -1. - Definitions.
Unless the context requires a different meaning, the following terms, when used in this
chapter, have the meanings indicated below:
Barnyard Fowl shall mean chickens, turkeys, geese, ducks, swans, roosters,
guinea -fowl or other domestic fowl.
Bird shall mean any animal that is a member of the bird family excluding Barnyard
Fowl.
Cat shall mean a domestic feline of either sex, including one neutered or sterilized.
Dog shall have the same meaning given to that term by V.T.C.A., Health & Safety
Code § 822.041.
Domestic animal shall include all species of animals commonly and universally
accepted as being domesticated.
Fowl means
Harbor shall mean to keep and care for an animal or to provide premises to which
the animal returns for food, shelter or care for a period of seven days or more.
Owner shall mean any person who has right of property in an animal or who
harbors an animal or allows an animal to remain about the person's premises for a
period of seven days.
Pet animal shall include dogs, cats, rabbits, rodents, birds, reptiles, and any other
species of animal which is sold or retained as a household pet but shall not include
skunks, nonhuman primates and any other species of wild, exotic or carnivorous
animal that may be restricted in this chapter.
Sec. 14 -2. - Enforcement.
The police chief, other police officers, the animal control officer, and other
employees of the city designated by the city manager shall have the power and
authority to enforce the provisions of this chapter. Actions of city officers and employees
under this chapter ( e.g., granting or denying registrations or permits) and applications
for interpretations or variances, are subject to the authority of the buildings and
standards commission in the same manner as analogous building - related actions and
applications under chapter 18.
Sec. 14 -3. - General regulations; care, keeping etc.
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Every owner, caretaker or user of any animal within the city shall observe the
following provisions in connection with care, keeping and using of such animal, and any
person violating any provisions hereof shall be deemed guilty of a misdemeanor:
(1) All stables or other enclosures in which an animal is kept and the ground upon
which the same is situated shall be kept and maintained in a clean and sanitary
condition, and all stables and fences surrounding the lot where the animal is
kept and the feed troughs and water troughs, from which the animal is fed or
watered, shall be free from any projection or thing that could injure the animal.
(2) All animals shall be fed with a quantity of good, wholesome food sufficient to
keep them in a good, well- nourished condition, and such food shall be served to
such animals in a clean, sanitary manner.
(3) No animal shall be used or worked where there are any sores upon the
animal's body, legs, head or shoulders.
(4) All harnesses used on any work animal shall be fitted to such animal and be
free from any wire, rivets, break, tear or anything else that will irritate or make
sores on such animal.
(5) All animals shall be provided with plenty of pure, clean water in sufficient
quantities at all times.
Sec. 14 -4. - Cleanliness of enclosures.
Pens, hutches, houses or any enclosure in which any animals orfewt- birds are kept
shall be clean and disinfected daily and must be kept in a clean and sanitary condition
at all times. Litter and droppings from the animals must be collected daily and stored in
a fly -tight container and hauled away at intervals not to exceed five days. Measures
shall be taken so that no odors shall disturb the peace and tranquility of persons of
ordinary sensibilities who reside in proximity to such premises.
Sec. 14 -5. - Livestock not to be kept.
(a) Within the city, it shall be unlawful for any person to keep any livestock, barnyard
animal barn -yard fowl or domestic animal, except common pets. This prohibition
applies to all of the following, regardless of size:
(1) Bovines (examples: cattle, oxen);
(2) All equines (example: horses, mules, donkeys, apses, jacks, jennets);
(3) All opines (examples: sheep, goats);
(4) All swine (examples: hogs and pigs, including potbellied pigs);
(5) All ratites (examples: ostriches, emus, moas, kiwis);
(6) All camels (examples: dromedaries, Bactrian camels);
(7) All barnyard fowl (examples: chickens, turkeys, geese, ducks, swans,
roosters, guinea- fowl); and
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(8) All other livestock and barnyard animals.
(b) It is an affirmative defense to prosecution under this section that:
(1) The animals in question are brought into the city for a party, carnival or
theatrical production and only for a temporary period, not exceeding 72 hours;
and
(2) Notice of the arrival of the animals and their departure date is given to the
animal control officer at least 24 hours in advance.
Sec. 14 -6. - Livestock not to run at large.
It shall be unlawful for any person to allow and permit any cows, horses, mules,
jacks, jennet, goats, sheep, swine barn -yard fowl or any other livestock of any character
to run at large upon any street area, public park, public property or any vacant property
within the city.
Sec. 14 -7. - Disposal of dead animals.
The carcass of any animal dead of disease or other cause not slaughtered for food
shall be removed and /or disposed of by the owner if known and, if not known, the owner
of the premises where such animal is found, at his own expense within 24 hours after
such death, according to such method as may be approved of by the animal control
officer.
Sec. 14 -8. - . Reserved.
Sec. 14 -9. - Keeping pigeons prohibited.
It shall be unlawful for any person to keep or maintain any pigeon house or place to
keep pigeons, or to keep or maintain pigeons for breeding or other purposes within the
city.
Sec. 14 -11. - Wild animals.
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(a) Keeping restricted . It shall be unlawful for any person to possess or keep any wild
animal within any building used as a residence or within 300 feet of any such
building.
(b) Definition. In this section, "wild animal' means any mammal, amphibian, arachnid,
reptile or fewl bird of a species which, due to size, vicious nature or other
characteristic, is dangerous to human beings, including but not limited to, lions,
tigers, leopards, cougars, ocelots, jaguars, bobcats, panthers, coyotes, lesser
pandas, zebras, wild horses, marsupials (e.g., opossums, kangaroos, etc.), deer,
(all varieties), bats (all varieties), peiseneus venomous arachnids (e.g., scorpions,
spiders), bears, wolves and wolf hybrids, raccoons, skunks (whether deodorized or
not), apes, gorillas, monkeys of a species whose average
peUnds erraere, foxes, elephants, rhinoceroses, alligators, crocodiles, peisoneus
venomous reptiles (all forms), constrictors and all indigenous wildlife (except as to
any indigenous wildlife for which the person in possession is licensed as a wildlife
rehabilitation by the state or federal government). The term "wild animal' shall not
include ferrets, domestic rats, gerbils, hamsters, mice or rabbits.
Sec. 14 -12. - Maintenance of bird houses and yards.
All bird houses and yards within the city must be kept in a clean sanitary manner.
This section is an additional restriction, not an exception, to other prohibitions in this
chapter.
Sec. 14 -13. - Fev.4 not te Fun at large. Reserved.
Sec. 14 -14. - Shooting or catching wild birds.
It shall be unlawful for any person to shoot or kill, or attempt to shoot or kill, with any
air rifle, bow and arrow, slingshot or any firearm (or by other means), or to ensnare or
catch by any means, any wild bird, old or young, within the city.
Sec. 14 -15. - Keeping noisy animals.
It shall be unlawful for any person to keep any animal within the city, which causes
frequent (or long- continued) excessive or unusual noise, which disturbs the comfort or
repose of persons of ordinary temper, sensibility or disposition. This section does not
apply to barking dogs; see section 14 -82.
Sec. 14 -16. - Prohibited on parks and playgrounds, etc.
(a) Prohibition . It shall be unlawful for any person to cause or allow any animal to
enter (or to remain within) any of the following areas:
(1) The area within the perimeter fencing at Judson Park;
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(2) The area within the perimeter fencing at Weir Park;
(3) The area within the perimeter fencing at Whitt Johnson Park;
(4) The area within the inside edge of the perimeter pathway at Colonial Park
(such pathway being formed by the sidewalk along Byron, West Point and Case
Streets and the concrete track segments parallel to Byron, Academy and Case
Streets);
(5) The HISD Licensed Area, as defined in section 58 -1;
(6) The area within the perimeter fencing at the West University Recreation
Center (formerly the YMCA property);
(7) The area within the perimeter sidewalk along Milton Street and College
Avenue at Huffington Park; or
(8) The area within the perimeter sidewalk along Rice Avenue and Auden Street
at F+Ge P9sket Friends Park;
(9) The area within the perimeter fencing at Jennie Elizabeth Hughes Park; or
(10) The area designated as Liberty Hill Park at the intersection of College Avenue
and Bissonnet Street.
This section applies to any animal the person owns, possesses, controls, directs,
harbors or accompanies, and it applies to all parts of the above - described areas,
including any street areas, park areas and other areas within such above - described
areas.
(b) Certain defenses. It shall be an affirmative defense in any proceeding to enforce
this section that, at the time of the offense, the animal was a service animal (such
as, for example, a seeing -eye dog), identified as such (for example, by an orange
leash) and assisting a person who is disabled.
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