21 Public Health1.)ate:
02/OZ/2009
Council Date:
02/09/2009
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
4riginating Departtnent- Presented By: Agenda Item
Police I Interim Chief Hundley 121.
RECOMMENDED MOTION:
First Reading - not an action item
o.:
PoLicY IssuE(s):
Public Health
IiAC;KGROUND:
The Code Enforcement Task Farce reviewed and revised the large animal ordinance. This ordinance
concerns keeping of livestock in the City, particularly the number of large animals that can be kept in
relation to the size and location of the lot the animals inhabit and distanees from other inhabited
residences. The ordinance does not apply to areas of the City that are zoned agricultural. During the
review process, 123 properties were identified as having large animals.
The changes in the ordinance affect the ratio of animals to area, primarily limiting the number of large
animals to 1 for a minimum of a%2 acre and an additional 2 acres for every 1 head added after the first.
Far example, 2 horses being kept in the city would require a lot the size of 2'/z acres, 3 horses would
require 4'/2 acres, and so on. The ordinance had required that animals had to be kept 50 feet from any
inhabited residence with the exception of the owners. That exception has been removed.
The proposed ordinance also provides for a 1 year compliance period for those persons who are in
violation of the ordinance at passage.
BOARD/COMMISSION RECOMMENDATION:
PASS AS PRESENTED
r. XHIBITS:
Ordinance
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UDGET INFO:
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Financial Report ❑
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epariment Report ❑
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Resolution
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Acct Name
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t-ISCAL NOTES:
REVIEWED AND APPROVED BY:
ED Administration [D City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities
Cih, of Paris
Revised 2/04/08
DRAFT
attorney\ordwork\current\Amend Sec. 5-7 Livestock Ord 2009
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 5-7, LIMITATIONS ON KEEPING LIVESTOCK--
GENERALLY, OF CHAPTER 5, ANIMALS AND FOWLS, OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS; CHANGING THE RATIO OF
ANIMALS TO AREA; PROVIDING FOR A ONE YEAR COMPLIANCE PERIOD;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBjECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Paris, Texas created a Code Enforcement
Task Force made up of three (3) City Council members and fourteen (14) interested
citizens from the City of Paris to review and study various issues affecting the cleanliness
and appearance of the City of Paris; and
WHEREAS, at regular meetings of the Code Enforcement Task Force on April 8, July
1, and August 19, 2008, the Task Force reviewed, discussed, and developed proposed
regulations addressing the number of large animals allowed in an area and has
recommended that these amended regulations be adopted by the City Council; and,
WHEREAS, the City Council having reviewed the recommendations of the Task
Force for amending Section 5-7, of the City Code of Ordinances hereby finds and
determines that the changes recommended below are in the best interest of the City of
Paris and its citizens and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 5-7, of Chapter S Animals and Fowls of the Code of
Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as
follows:
"Sec. 5-7. Limitations on keeping livestock--Generally.
(a) It shall be unlawful for any person to harbor, keep, or maintain, livestock
on less than one-half acre inside the city limits; no more than one head of
livestock shall be allowed in an enclosure less than two (2) acres in size
exclusive of any residential structure and front yard area. Additional livestock
can be kept in an enclosure in the ratio of one (1) head of livestock for every
additional two (2) acres. This section shall apply to all property located within
the corporate city limits of the City of Paris, except those areas zoned
Agricultural.
(b) Every head of livestock shall be kept within a suitable pen or enclosure,
every part of which shall be situated not less than fifty (50) feet from any
inhabited dwelling.
(c) An enclosure, as that term is used in this section, shall mean a securely
fenced in or enclosed area, building, barn, pen, corral, whether covered by a
roof or otherwise.
(d) The provisions of this section shall not be construed to prohibit any
person engaged in operating any packinghouse, auction or commission sale
barn, or other similar institution, located within a properly zoned area as
designated and defined by the zoning ordinance and zoning map of the City,
from keeping, on the premises of such place of business or other institution,
any number of livestock for temporary periods of time, not to exceed seven (7)
days, awaiting their use in connection with the operation and maintenance of
such packinghouse or similar institution or their sale at such auction or
commission sale barn; nor shall such provisions be construed to prohibit any
person from keeping more than two (2) head of livestock at such place of
business or institution, for a temporary period of time, not to exceed a
maximum of thirty (30) days, for experimental, demonstration or exhibition
purposes only; provided, however, that, any such person keeping or harboring
such livestock for such temporary periads of time for the purposes mentioned
in this subsection shall and must strictly comply with the provisions of
paragraph (b) of this section.
(e) Persons not in compliance with the requirements of this Section, shall
have twelve (12) months from the effective date of this Ordinance, February
23, 2009, to become compliant. "
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
rlftf)
.
Section 6. That any person violating any provision of this ordinance shall be guilty of
a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute
and be deemed a separate offense.
Section 7. Introduced and read on first reading on February 9, 2009, at a regular meeting
of the City Council of the City of Paris and read and passed on second reading on February 23, 2009,
at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular
meetings of the City Council of the City of Paris.
1or]
Section 7. That by a supermajority vote of ayes and nays, the City Council
voted to suspend the rule requiring two readings before adoption of this ordinance.
Section B. That this ordinance shall become effective from and after its passage of the
second[first] reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 23rd day of February, 2009.
Section 7. That this ordinance shall become effective immediately upon its passage
and publication as required by law.
PASSED AND ADOPTED this 23rd day of February, 2009.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, Ciry Attorney
Jesse James Freelen, Mayor
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