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2009-005-ORD AMENDING LIMITATIONS ON KEEPING LIVESTOCKORDINANCE NO. _200 -nns 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, SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING LAN 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 I. 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 5 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. Cc) 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 periods 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. 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. Section 8. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. 2009. PASSED AND ADOPTED on second and final reading this 23rd day of February, ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, C' ttorney Freelen, Mayor