Res 094-2023 Approving Health Official's Report HB 1750 08/15/2023 Resolution No. 94-2023
Resolution accepting the Health Official's Report regarding the need
for local governmental requirements pertaining to agricultural
operations, as required by House Bill 1750, to retain and enforce
Chapter 14, Animals, and related ordinances of Wichita Falls
WHEREAS, the Texas Legislature has passed House Bill 1750, which is effective
on September 01 , 2023; and,
WHEREAS, House Bill 1750 prohibits a city from imposing a governmental
requirement that applies to agricultural operations located in the corporate boundaries of
the city unless certain conditions are met including a Health Official report; and
WHEREAS, a Health Official's Report regarding the need for local governmental
requirements pertaining to agricultural operations has been reviewed; and
WHEREAS, said report identifies evidence of health hazards related to agricultural
operations and determines the necessity of the City regulations and the manner of
regulation related to agricultural operations; and,
WHEREAS, Chapter 14, Animals, and related ordinances should be retained and
enforced to protect the health and safety of citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls City Council has reviewed the report, attached hereto as
Exhibit A, and finds that clear and convincing evidence exists, and Chapter 14, Animals,
and related ordinances are necessary to the public health, and protect persons who
reside in the immediate vicinity or persons on public property in the immediate vicinity of
the agricultural operation from the imminent danger and hereby adopts the report.
PASSED AND APPROVED this the 15th day of August 2023.
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MAYOR
ATTEST:
City Clerk
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ANIMAL SERVICES
A Report Regarding the Need for Local Governmental Requirements
Pertaining to Agricultural Operations
from the Wichita Falls—Wichita County Public Health District
Local Health Official and Local Health Authority
Overview of H.B.1750
During the 88th Legislative Session, House Bill (H.B.) 1750 was passed by both the House and Senate and
subsequently signed into law by Governor Abbott on 06/02/23,with an effective date of 09/01/23. Briefly,
the bill does the following:
• Expands the definition of"Agricultural operation" to include the following: growing vegetation
for human food, animal feed, livestock forage for wildlife management, etc. The definition
already included(h) raising or keeping livestock or poultry
• Defined"Governmental requirement"as any rule, regulation,ordinance,zoning, license or permit
requirement, or other requirement or restriction enacted or promulgated by a county, city, or
other municipal corporation that has the power to enact or promulgate the requirement or
restriction.
• Amends Section 251.005(c)of the Agriculture Code to read as follows:(2)applies to an agricultural
operation located in the corporate boundaries of the city only if the governmental requirement
complies with section 251.0055,which reads as follows:
Limitations on city governmental requirements applicable within corporate boundaries.
(a) A city may not impose a governmental requirement that applies to agricultural operations
located in the corporate boundaries of the city unless:
(1) there is clear and convincing evidence that the purposes of the requirement cannot
be addressed through less restrictive means and that the requirement is necessary to
protect persons who reside in the immediate vicinity or persons on public property in
the immediate vicinity of the agricultural operation from the imminent danger of:(A)
explosion; (B)flooding; (C) an infestation of vermin or insects; (D) physical injury; (E)
the spread of an identified contagious disease that is directly attributable to the
agricultural operation; (F) the removal of lateral or subjacent support; (G) an
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identified source of contamination of water supplies; (H) radiation; (I) improper
storage of toxic materials.
(2) the governing body of the city makes a finding by resolution, based on a report by
subsection(b),that the requirement is necessary to protect public health;and
(3) the requirement is not otherwise prohibited by this section.
(b) Before making a finding described by Subsection (a)(2), the governing body of the city must
obtain and review a report prepared by the city health officer or a consultant that:
(1) identifies evidence of the health hazards related to agricultural operations;
(2) determines the necessity of regulation and the manner in which agricultural operation
should be regulated;
(3) states whether each manner of regulation under Subdivision (2) will restrict or prohibit a
generally accepted agricultural practice listed in the manual prepared under Section 251.007;
and
(4) if applicable,includes an explanation why the report recommends a manner of regulation
that will restrict the use of a generally accepted agricultural practice that the manual indicates
does not pose a threat to public health.
(c)A city may not impose a governmental requirement that directly or indirectly:
(1)prohibits the use of a generally accepted agricultural practice listed in the manual prepared
under Section 251.007,except as provided by Subsections(a)and (b);
(2) prohibits or restricts the growing or harvesting of vegetation for animal feed, livestock
forage,or forage for wildlife management,except as provided by Subsection(d);
(3) prohibits the use of pesticides or other measures to control vermin or disease-bearing
insects to the extent necessary to prevent an infestation;or
(4) requires an agricultural operation be designated for:
(A)agricultural use under Section 1-d,Article VIII,Texas Constitution;or
(B) farm, ranch, wildlife management, or timber production use under Section 1-d-1,
Article VIII,Texas Constitution.
• Directs Texas A&M AgriLife Extension Service to develop a manual as soon as practicable after the
effective date of the Act. The manual is to include generally accepted agricultural practices and
indicate which of those practices do not pose a threat to public health.
Purpose of this Report
The purpose of this report, as required in H.B. 1750, is to provide clear and convincing evidence that
retaining a governmental requirement regarding agricultural operations located in the corporate
boundaries of the City of Wichita Falls is necessary to protect the health and safety of the residents and
animals as allowed by H.B. 1750.The dangers regarding lack of such requirements are specific to sections
(C)an infestation of vermin or insects;(D)physical injury;(E)the spread of an identified contagious disease
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that is directly attributable to the agricultural operation;and (G)an identified source of contamination of
water supplies identified in H.B. 1750 as 251.006.This report focuses on the raising or keeping of livestock
or poultry, as referenced in aforementioned definition of Agricultural operation (251.005(c)) within the
corporate limits of the City of Wichita Falls and the inherent issues with maintaining those animals.
This is a preliminary report that reviews the current requirements for the management of animals by the
City of Wichita Falls and discusses potential consequences and dangers associated with less restrictive
means for the ownership of livestock and poultry.The Texas Agriculture Code does contain laws regarding
livestock, to include enforcement actions being the responsibility of the Wichita County Sheriff's Office.
Further review and discussion regarding state law and responsibilities are warranted. These
recommendations can be reviewed again upon the issuance of the report to be completed by Texas A&M
Agrilife Extension Service,per H.B. 1750.
City of Wichita Falls Code of Ordinances,Chapter 14
Chapter 14, Animals, of the City of Wichita Falls Code of Ordinances, sets forth rules regarding animals
within the city limits of Wichita Falls. It also assigns the Wichita Falls—Wichita County Public Health District
the responsibility to protect the health and safety of residents through the management and control of
animals within the jurisdiction. Sections of the Code include permits, animal control, rabies control,
cruelty to animals,and control of animals.
The current ordinance generally prohibits livestock and poultry unless specific provisions are met allowing
a resident to procure a Livestock Permit. Issuance of such a permit requires certain things regarding
setbacks and the amount of land necessary for the number and types of animals. It also prohibits owning
exotic livestock,swine,and roosters within the city limits. However,state law and local ordinances differ
in terms but not meaning.The following outlines the terms as defined by state law and the City of Wichita
Falls ordinance counterpart.
Definitions of Livestock&Poultry
Texas Agriculture Code and Texas Administrative Code
According to the Texas Agriculture Code,the term "Livestock" means cattle, horses, mules,asses,sheep,
goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise defined. TEX. AGRIC. CODE § 1.003
(LExisNExis 2023).
According to the Texas Administrative Code, "Exotic livestock" means grass-eating or plant-eating,single-
hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates,
including animals from the swine, horse, tapir, camel, llama, rhinoceros, elephant, deer, and antelope
families.TEX.ADMIN.CODE,TITLE 4,PART 2, §51.1(13)(LExisNExis 2023).
Poultry is defined as chickens, turkeys, game birds of all ages, and other domestic fowl, except baby
poultry (Any newly hatched poultry that has not been fed or watered.) TEX. ADMIN CODE,TITLE 4, PART 2,
§57.10(10)(LExIsNExls 2023).
Wichita Falls Code of Ordinances, Chapter 14
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Livestock is defined as a domestic animal generally used or raised on a farm for profit or use, including
but not limited to, bovine,equine (includes horses &donkeys),sheep,goats, swine,or any other animal
defined as livestock by the state agriculture code,whether commonly domesticated or not. Wichita Falls,
Tex.,Code of Ordinances Chapter 14,art. I, §14-1(2022).
Livestock Production Areas are defined as any parcel of land within the city limits in excess of 25 acres
that is used to raise livestock, are exempt from setback, minimum space, odor,vector, pest control and
manure container requirements.Id.
Fowl includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl, and other domestic
feathered creatures regardless of age or sex,except parakeets,canaries,or similar small-size birds,or any
exotic birds,such as parrots, provided they are continuously confined within the residence or business of
the owner/harborer. Id.
For purposes of this report and later enforcement of City of Wichita Falls code of ordinances, the City of
Wichita Falls definition shall control where in conflict.
Chapter 14 Permitting Requirements to Own Livestock&Poultry
Livestock
A livestock permit is required within the city limits. Wichita Falls, Tex., Code of Ordinances Chapter 14,
art. III, §14-198 (2022). A resident must submit an application within 10 days of acquiring livestock and
submit a renewal application annually. Id. An Animal Care Officer (ACO) must annually inspect the
property to ensure all requirements are met.An annual fee is required for the permit. Id.
To have livestock,there is a 200-foot setback requirement from another residence with a minimum of 600
square feet per head of livestock required on the property. Id. Shelter and shade of reasonable size for
the number of livestock are required.Id.;Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. VI, §14-
452(1)(b) (2022).
Property housing livestock shall be kept free of offensive odor, flies, rodents, and other pests. Wichita
Falls,Tex.,Code of Ordinances Chapter 14,art. III, §14-198 (2022). A manure container that is protected
from flies, rodents and other vermin must be on the property, and must be cleaned and disinfected
weekly. Id.
Livestock may not be at-large or on property without confinement. Id.
Revocation of the permit may occur for the following: health & safety violations, cruelty or neglect as
defined by the Texas Penal Code,or have two or more citations for livestock-at-large within a year. Id.
Fowl(a broader class, including poultry)
A fowl permit is required (14-197) for any person owning, possessing, or harboring any fowl within the
city limits. Wichita Falls,Tex., Code of Ordinances Chapter 14, art. III, §14-197 (2022). A resident must
submit an application and submit a renewal application annually and an Animal Care Officer (ACO) will
annually inspect the property to ensure all requirements are met. Id.
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To have fowl, there must be a 75-foot setback for any coop, pen, or housing utilized for fowl from any
residence excluding the residence of the owner or harborer of the fowl. Id.There must be a minimum of
12 square feet of floor or ground area for each fowl. Id.
Any structure housing fowl must be cleaned thoroughly at least weekly to ensure there are no noxious
and unpleasant odors emitted from the structure. Id. Any structure used to house fowl must be treated
with an approved disinfectant at least once every six (6) months to discourage insects,flies, ticks, mites,
mosquitoes,and flies. Id.
Residents may not own,possess,or harbor guineas, peafowl,or roosters. Id.
Swine
Swine, pigs,potbellied pigs,or hogs are not permitted within the corporate city limits.Wichita Falls,Tex.,
Code of Ordinances Chapter 14,art. III, §14-204(2022).
Danger Regarding Lack of Requirements,Specific to(C)an Infestation of Vermin or Insects
There are a number of concerns regarding the potential for infestation of vermin or insects with
unfettered ownership of livestock or poultry within the city limits. According to an Assistant Professor and
Extension Entomologist with the Texas A&M System, AgriLife Extension, in her publication entitled
Managing External Parasites of Texas Cattle, external parasites (ectoparasites) can be costly, harm
animals,and transmit disease(Swiger 2012). Cultural control,biological control and chemical control are
necessary components of efficient pest management. Pests specific to livestock include the following:
horn fly,house fly,stable fly,screwworm fly, blow fly, heel fly(cattle grub), horse fly,deer fly, mosquito,
black fly,lice,mites,and ticks. These pests can spread fungal,protozoan,viral and bacterial pathogens.
As detailed in the aforementioned report, the control of horse and deer flies is difficult. Management
recommendations include moving livestock from infested areas or having shelter or barriers to protect
animals from these type of biting flies (Swiger 2012). Stable flies breed in mixtures of decaying litter,
urine, and manure; they live near confined animals, and larvae (maggots) develop in wet hay, manure
accumulations, and straw bedding. The University of Florida Entomology and Nematology Department
states the following(Kaufman et al. 2015):
"In the U.S. stable flies feed mainly on large ungulates such as cattle and horses. However,
they are known to feed on goats, sheep, swine, donkeys, cats, dogs and humans. On large
animals, such as cattle and horses, the flies congregate on the legs, moving to other areas
such as the belly and lower sides when populations are large (>25 flies per leg). On smaller
animals,such as dogs,they feed around the ears due to the superficial blood vessels,and on
the head and legs. Humans usually get bitten on the legs, behind the knees, and on the
elbows.
Stable flies have great capacity for flight and can fly at speeds of 5 mph without wind.Studies
have demonstrated their ability to disperse locally, particularly on farms or between farms,
from their breeding sites to feeding sites and vice versa. A study of flies collected on equine
facilities in Florida found that only 24.3% of the flies captured on horse farms had fed on
horses;64.6%had fed on cattle,9.5%had fed on humans and 1.6%had fed on dogs.The flies
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that had fed on cattle had travelled between 0.8 and 1.5 km after feeding on cattle to the
equine facility."
There are concerns regarding stable flies, in particular, being a vector of blood-borne zoonotic diseases
such as anthrax,equine infectious anemia(EIA),and anaplasmosis(Kaufman et al.2015). E.coli and other
pathogens can be spread when house flies infest cattle wounds with maggots(Swiger 2012).
Health District vector control staff work to reduce the mosquito population within the city limits to control
the spread of disease. Having an increased number of livestock and poultry may increase the mosquito
population due to standing water for feeding. The type of mosquito, Culex quinquefasciatus, that are a
primary vector for West Nile Virus(WNV) (Rochlin et al. 2019) are present in the Wichita Falls area,with
two pools of mosquitos testing positive for WNV in 2023 (DSHS 2023). WNV is of concern as
manifestations of infection in humans range from asymptomatic to neuroinvasive disease leading to
flaccid paralysis and death(Jani et al. 2022).
Insect reproduction is encouraged when poor sanitary conditions exist in and around agricultural
operations;those who are responsible for livestock should take necessary measures to minimize breeding
conditions,including:quick removal of carcasses,disposal of manure and spilled feed,removal of hay that
has urine or feces,and wounds on cattle should be cleaned and dressed quickly(Swiger 2012).
Chapter 14 has requirements specific to sanitation,odor,vector control and cage sizes.Animal waste must
be disposed of on a daily basis,and the premises must be kept clean and free from noxious and unpleasant
odors.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. III, §14-197,§14-198 (2022).Some form of
chemical control must be used at reasonable intervals to keep the premises free from flies, mosquitoes,
ticks,fleas,and other vectors.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art.VII, §14-487(2022).
Owners are also required to keep all premises, pens, or enclosures in such a manner as not to give off
offensive odors or as to breed or attract flies and other insects Wichita Falls,Tex., Code of Ordinances
Chapter 14,art. III, §14-109 (2022). Permit holders are required to keep all feed provided for animals in
a rat-proof, fly-proof container. Wichita Falls, Tex., Code of Ordinances Chapter 14, art. VII, §14-488
(2022).
The permitting process, including inspection of the property,ensures that the above conditions are met.
The potential for permit revocation provides a method to ensure compliance to protect the health and
safety of the community. Based on my training and experience as a health official, a clean livestock
environment, as required by the cited ordinance above, has a direct impact on human health. Poorly
managed animal waste and unsanitary conditions can contaminate air,soil,and water sources,creating a
breeding ground for harmful bacteria, viruses, and other pathogens. These contaminants can enter the
food chain, posing serious health risks to consumers. By ensuring cleanliness in livestock environments,
we can prevent the spread of zoonotic diseases and reduce the likelihood of foodborne illnesses within
the City of Wichita Falls.
Danger Regarding Lack of Requirements,Specific to(D)Physical Injury
There are substantial concerns regarding safety if livestock and poultry are allowed within the city limits
without the permitting process,as required by Chapter 14.These concerns include large farm animals and
safety of owners,as well as aggressive breeds of livestock and exotic livestock.
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Texas is an open-range state,where livestock owners are not required to fence in their livestock to prevent
them from roaming at large, made clear a century ago when Texas Supreme Court stated the following,
"It is the right of every owner of domestic animals in this state...to allow them to run large." Clarendon
Land,Investment&Agency Co. v.McClelland,23 S.W.576(1893).Wichita County isa closed-range county;
however,enforcement of these rules is limited by the number of available personnel in the Wichita County
Sheriff's Office (WCSO). The Agriculture Code (Title 6 Chapter 142; Section 142.009) designates that the
WCSO will impound an estray and hold it for disposition if: the owner is unknown,the owner cannot be
notified; the estray is dangerous to the public; the estray is located on public property and is not
immediately removed by the owner; or the estray is located on public or private property and is not
redeemed within 5 days after notification. If the number of livestock increased within the city limits,the
burden would be with the WCSO to handle estray animals. Without the permitting process included in
Chapter 14, information regarding livestock within the city will be reduced significantly. WCSO will not
have a database of owner information, to include the number and types of animals and how to contact
the owner.This could delay removing the animal(s)from public property.
An increase in the number of livestock and poultry within the city limits increases the potential for those
animals to be in the public thoroughfare.This may lead to an increase in vehicle crashes,animal bites,and
other injuries. According to the Insurance Institute for Highway Safety, Highway Loss Data Institute,
Fatality Facts 2021, collisions with fixed objects and animals, "Over the past 10 years, Texas had the
highest numbers of deaths from collisions with animals. The numbers reflect the size of the driving
population,the size of the animal population and the percentage of rural roads. Among animal-involved
crash deaths in 2021,63 percent occurred in crashes in which the most harmful event was a collision with
an animal. Rollover and collisions with fixed objects were the next most common most harmful events,
accounting for 16 and 9 percent of deaths,respectively"(IIHS 2021). Potential increases to the number of
at-large animals on roadways has the potential to increase motor vehicle crashes.
Additionally, housing livestock that is loose becomes the responsibility of the WCSO. The City of Wichita
Falls Animal Services Center (ASC) was only designed to handle a limited number of livestock (typically
one at a time) to include one species at a time being housed in the livestock pin. As such,the ASC would
not be able to assist the WCSO with storage of these animals. The ASC would be responsible for at-large
poultry. Staff and facility resources are at maximum capacity without the addition of other types of fowl
that are currently not allowed under Chapter 14, to include roosters,game birds, and pea fowl.There is
only one exotics room within the ASC and it is typically occupied by animals that are seized,at-large, or
surrendered by their owner; in the first six months of 2023,animals included a chinchilla,ferret, rabbits,
chickens, roosters, ducks, guinea pigs, and goats.The ASC is at or exceeding capacity with the current
number of animals within the city. Lessening restrictions would increase the number and potentially put
the staff and animals at risk with supplemental crates in hallways,staff handling animals with which they
are unfamiliar,and the ratio of animals to humans.
As such, maintaining ordinances to protect persons from physical injury is paramount to the goals of
Chapter 14.
Chapter 14 requirements regarding at-large
Chapter 14 sets requirements regarding containment of animals and also provides for Animal Services
staff to enforce such provisions. Keeping these animals contained and fenced is imperative to maintaining
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safety of our citizens, encompassing the well-being of the animals, ensuring their safety, protecting
surrounding ecosystems,and promoting efficient and sustainable agricultural practices.
Regarding at-large of animals, including fowl or livestock,within the city is prohibited. Wichita Falls,Tex.,
Code of Ordinances Chapter 14,art. IV, §14-297,§14-377(2022). All animals, including fowl or livestock,
must be restrained by some physical means.Id.The Animal Services Center may impound any animal that
is at-large.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. IV, §14-377,§14-378(2022). Livestock
will be held for five (5)working days past the date of impoundment at which time they will be available
for adoption or transfer to an appropriate rescue group. Wichita Falls,Tex.,Code of Ordinances Chapter
14, art. IV, §14-377, §14-378 (2022). The owner of livestock impounded may reclaim the livestock by
providing proof of ownership and paying all expenses, including any fee associated with the capture of
the animal,boarding fee,impound fee,and any other expenses incurred by the ASC.Id. Livestock at-large
with no known owner will be considered estray and be the responsibility of the WCSO as required by state
law.Id.
Regarding at-large fowl, §14-378 sets forth that chickens, turkeys, or other fowl may not run at-large
within the city limits and may be impounded by the ASC. Wichita Falls,Tex.,Code of Ordinances Chapter
14,art. IV, §14-378(2022).The owner of any fowl impounded may redeem such by paying any applicable
impound and boarding fees incurred during the impoundment period. Id.
Animals must be in an enclosure sufficient to prevent its running at-large. Wichita Falls, Tex., Code of
Ordinances Chapter 14,art. VII, §14-487(2022). Such enclosure shall be of sufficient size to maintain the
animal comfortably and in good health.The animal must be able to stand,turn around,sit,and lie down
in a natural position.
As previously stated, the enclosure requirements are aimed at maintaining the safety of the citizens of
Wichita Falls while still maintaining spacing for the animals to move freely. Based on my training and
experience as a health official, fencing is vital for the welfare and safety of livestock. Fencing provides a
designated area where animals can graze, roam,and engage in natural behaviors while being protected
from external dangers. It prevents them from wandering onto roads,getting lost,or coming into contact
with potential hazards, such as vehicles or individuals. Furthermore, fencing is crucial for preserving the
integrity of surrounding ecosystems. Livestock, if left uncontained, can have a detrimental impact on
natural habitats, water sources, and native plant species. Uncontrolled grazing can lead to overgrazing,
soil erosion,and degradation of vegetation,compromising biodiversity and ecological balance. Moreover,
fencing plays a pivotal role in biosecurity and disease prevention. It helps to establish a physical barrier
that restricts contact between domesticated animals,wildlife,and humans,minimizing the risk of disease
transmission. This is especially important in regions where wildlife populations may carry diseases that
can be harmful or fatal to livestock.
Cattle Egrets&Aviation—Sheppard Air Force Base
A concern of great significance for the City of Wichita Falls is the safety of Airmen flying at Sheppard Air
Force Base as well as citizens flying to and from the Regional Airport and Kickapoo Downtown Airport. On
May 09, 2023, the City of Wichita Falls issued a press release regarding a cattle egret roost that had
established itself in the southeast portion of Wichita Falls, and increased the threat to general,
commercial,and military aviation safety. The impact of birds on aircraft can cause extensive damage to
8
an aircraft,with the potential for crashes and loss of life.A Notice to Airmen(NOTAM)was issued to advise
pilots in the local area that there is an increased bird strike threat due to this roost. The last cattle egret
strike known to have occurred in Wichita Falls was in July 2013,resulting in the ejection of two Sheppard
AFB pilots and the complete loss of a T-38 aircraft,valued at$8M.
Based on my training and experience as a health official, without restrictions detailed in Chapter 14
regarding the ownership of cattle, it can be presumed that the number of cattle, horses, and other
livestock will increase within the city limits. This increase has the potential to increase the number of
cattle egrets in the area.This has the potential consequence of raising the risk for aviation and the safety
of the community.
Zoning
Zoning refers to the division of land into specific zones or districts with predetermined regulations and
restrictions governing the types of land use and development allowed within each designated area. It is a
planning tool used by local governments and municipalities to guide and control the use of land in a
systematic and organized manner. Zoning regulations often incorporate provisions to safeguard public
health and safety.These may include requirements for setbacks from roads,water bodies,or hazardous
areas,as well as provisions for fire safety,parking,and infrastructure standards.
The City of Wichita Falls maintains zoning regulations concerning agriculture uses.Wichita Falls,Tex.,Code
of Ordinances Appendix B. §2030 (2022). Based on my training and experience, the zoning regulations
help protect individuals from physical injury, maintaining sufficient distance from animals by limiting
disease,and reducing infestation of vermin and insects.
Danger Regarding Lack of Requirements, Specific to (E)the Spread of an Identified Contagious Disease
that is Directly Attributable to the Agricultural Operation
There are a multitude of concerns regarding contagious disease that is directly attributable to agricultural
operations. Information presented in this report is not intended to be comprehensive, rather provide an
overview of concerns specific to livestock and poultry.There are many infectious diseases associated with
animals to include those that are enteric(intestinal),internal parasites,in the saliva and/or mouth,in the
skin and external parasites. Enteric bacteria and parasites pose the highest risk for human disease from
animals in public settings (LeJeune & Davis 2004). Studying disease transmission in this type of setting is
important when considering limited oversight and requirements in municipal settings. Single family
dwellings can often be close together, have limited barriers between properties, and be occupied by
residents who welcome guests to their property or have unwelcomed guests. According to a study
published in 2012 by a group of investigators studying the burden of enteric illness attributable to animal
contact in the United States (Hale et al. 2012). The following pathogens were included in the study:
Campylobacter spp., Cryptosporidium spp., nontyphoidal Salmonella enterica, STEC O157:H7, non-0157
STEC strains, Listeria monocytogens, and Yersinia enterocolitica. Investigators reported an estimated
445,213 illnesses, 4,933 hospitalizations, and 76 deaths attributable to these pathogens as a result of
animal contact in both public and private settings(Hale et al. 2012).The top disease-causing organisms in
this case study were as follows: Campylobacter spp (17%), Cryptosporidium spp (16%), nontyphoidal S
enterica(11%),non-0157 STEC strains(8%),and STEC O157:H7(6%).
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Transmission of enteric pathogens most often occurs via fecal-oral route. Fecal organisms can be harbored
on animal fur, hair, feathers, scales, skin, and saliva (Keen & Elder 2002). Additionally, transmission can
occur when people pet,feed,touch,or are licked by animals (JAVMA 2017). Transmission of pathogens
has also been documented with exposure to contaminated materials including animal bedding, clothing,
shoes,and environmental surfaces that were exposed to fluid and excreta of animals(Sayers et al. 1996;
Friedman et al. 1998; Durso et al. 2005; CDC 2009). Some enteric pathogens can persist in contaminated
environments for extended periods of time; as an example, E.coli O157:H7 can survive in soil for months
(Durso et al. 2005; Keen et al. 2006;Varma et al. 2003).
The increases of agriculture operations within cities and human-modified urban and peri-urban socio-
ecosystems are of great concern due to animals living in close contact to dense human populations
(Dobigny & Morand 2022). Concerns regarding potential new infectious threats arise when living
organisms, including reservoirs, vectors and pathogens, undergo strong selective pressures leading to
zoonotic emergence attributable to spillover from animals to humans from increased interactions
(Dobigny & Morand 2022). The integration of agricultural operations into cities may provide novel
opportunities for pathogens to shift causes new and additional disease (Santiago-Alarcon & MacGregor-
Fors 2020). It has been noted that large cities surrounded by agricultural land-uses have higher
probabilities for human emergent infectious diseases(Allen et al. 2017).
According to the American Veterinary Medical Association (AVMA), the number of backyard poultry
owners climbed 23% in five years, with 1.1% of all households in the United States owning backyard
poultry in 2016(AVMA 2017). A review of zoonotic diseases specific to non-traditional pets(NTPs),which
include backyard livestock and poultry, found that contact with NTPs increases the risk of exposure to
zoonotic pathogens, which spread between people and animals (Varela et al. 2022). Regarding exotic
livestock, which may be imported from around the globe, the risk for emerging or reemerging zoonotic
disease to people and animals increases(Smith et al. 2012).Agricultural operations without oversight and
management may increase the number of NTPs in households within the city limits. Zoonotic pathogens
can be transmitted by direct or indirect animal contact. Transmission of such pathogens can be through
direct or indirect contact with a surface or environment contaminated with an animal's body fluids,
including urine, feces, blood, saliva, and nasal secretions (Varela et al. 2022). Additional concerns
regarding spread of disease via infectious droplets or aerosols are also warranted (Daly et al. 2017).
Influenza viruses and other pathogens can spread from people to animals in some situations, especially
close contact (Influenza in Animals, 2018). There is a potential for new strains of pathogens to emerge
based on mutation or reassortment; new strains may be capable of adapting to new hosts or ecological
environments(Ghai et al. 2021).
In a literature review conducted by the Centers for Disease Control and Prevention (CDC) covering the
period of 1996 to 2017, studying outbreaks and case reports associated with NTP species in the United
States, four primary pathogens were identified: Salmonella bacteria (Behravesh et al. 2014; Hale et al.
2012), lymphocytic choriomeningitis virus (LCMV), Streptobacillus moniliformis bacteria (rat bite fever),
and Seoul virus (a member of the hantavirus family) (Varela et al. 2022). Using the Animal Contact
Outbreak Surveillance System (ACOSS) (ACOSS 2020), reported through the National Outbreak Reporting
System (NORS) (NORS 2019),243 outbreaks and case reports were reviewed,which include 9,875 human
illnesses attributable to the aforementioned four pathogens. Of those,15%occurred in children younger
than five years old. Eighteen percent of the illnesses required hospitalizations, and there were 0.3% of
10
deaths in the studied cohort. Other pathogens identified during the review include Campylobacter
species,monkeypox virus,and Francisella tularensis(Tularemia) (Varela et al. 2022).
Backyard poultry most commonly includes domestic land fowl(chickens,turkeys),game birds(pheasants),
and domestic water fowl (ducks, geese). Concerns with disease transmission to people from these types
of animals include Salmonella and Campylobacter. There are concerns that practices regarding care and
keeping of poultry increase risk factors for the spread of disease.These practices include allowing poultry
to enter the home, kissing or snuggling birds, cleaning poultry supplies inside the home, and wearing
shoes outside while caring for animals and cleaning and then tracking materials inside(Basler et al. 2016;
Varela et al. 2022).
Distribution and purchase systems for poultry include operations that range from commercial production
systems to backyard flocks, with birds from each of these systems having the opportunity to encounter
each other at certain points in the supply chain. These encounters may increase the risk of transmitting
pathogens, with salmonella being the most common (Varela et al. 2022). In a study of outbreaks of
Salmonella,a link to backyard poultry was determined that indicates that individuals who were ill mostly
purchased baby poultry through agricultural retail stores. Most of those retail store usually source the
birds from a variety of mail-order hatcheries around the United States (Habing et al. 2013; "Hatcheries
work with CDC" 2018; Nichols et al. 2018).
Feeder animals are also a concern;these include rats,mice,rabbits or chicks that are fed to other animals.
These animals can carry zoonotic pathogens and have been implicated in multiple multistate disease
outbreaks,including Salmonella(Basler et al.2016).They may also carry pathogens such as Streptobacillus
moniliformis(the cause of rate bite fever), LCMV and other disease risks(Basler et al,2016;Cartwright et
al.2016;Goupil et al,2012;"Notes from the Field: Infections with Salmonella,"2012;CDC Pet Food Safety,
2022; "Salmonella Typhimurium Infections,"2014).
Excreta
The waste produced by livestock and poultry can significantly contribute to the spread of diseases if not
managed properly. Animal waste, such as manure and feces, can harbor various pathogens including
bacteria, viruses, parasites, and fungi, which have the potential to infect both animals and humans.
Animals carrying human enteric pathogens can shed the organisms in feces while symptomatic and
asymptomatic(Keen et al. 2006).
Chapter 14 addresses waste produced by animals providing every owner, possessor, or harborer of
animals, fowl, and livestock, shall dispose of animal excreta at least weekly or more often as needed to
prevent a public health nuisance. Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. II, §14-109
Additionally, Chapter 14 requires that the owner, caretaker, harborer, or possessor of every animal be
responsible to immediately and properly dispose of excreta deposited by the animal on public walks,
recreation areas, public, or private property. Wichita Falls, Tex., Code of Ordinances Chapter 14, art. I,
§14-12 (2022). This includes assigning responsibility to the owner or their appropriate representative of
any multifamily living complex to enforce or remove waste deposited by any animal being
housed/harbored on such property. Id. It defines the rules for committing an offense for not upholding
the assigned responsibilities and ties excessive excreta to the nuisance regulations. Id.
11
Based on my training and experience as a health official,the presence of excreta on properties permitted
to have livestock and poultry increases the probability of potential disease and disease spread to owners
and neighbors. Dried or aerosolized particles from livestock waste can become airborne, carrying
pathogens with them.These pathogens can be inhaled by both animals and humans, potentially causing
respiratory diseases and infections. Further, accumulated waste serves as a breeding ground for flies,
mosquitoes, and other pests. These insects can carry disease-causing organisms on their bodies and
transmit them to both livestock and humans,increasing the risk of vector-borne diseases.
Death and Disposal
The proper disposal of livestock and fowl is a critical aspect of responsible animal management. When
animals are not disposed of in a timely fashion, the potential for vermin or insects to increase is
substantial. Moreover, based on my training and experience as a health official, animals that have died
due to disease or other health issues can harbor pathogens that may be harmful to humans. Improper
disposal methods,such as leaving carcasses exposed or allowing them to contaminate water sources,can
increase the risk of disease transmission. Further,contagious diseases can rapidly spread among animals
within a farm or even across different farms if infected carcasses are not properly disposed of. Carcasses
left exposed or disposed of inappropriately can contaminate soil,water,and air,leading to pollution and
ecological damage. The owner or operator of a property, farm,or facility is responsible for disposal in a
timely and sanitary manner.4 TAC Section 59.12 requires that animals that die from a disease recognized
as communicable by the veterinary profession must be disposed of within 24 hours by burial or burning.
Animals dying from anthrax or ornithosis must be killed,then burned on-site within 24 hours(TCEQ 2021).
Persons residing in traditional single-family homes within the corporate boundaries of Wichita Falls will
have significant challenges meeting these requirements.
Without oversight through the permitting process, tracking of such animals, to include where deceased
animals are buried would be impossible. Assurances regarding containment of disease would be lost.
Chapter 14 requires that for one to retain a permit for livestock or foul,owners are required to dispose of
deceased animals and livestock lawfully within 24 hours of discovery by or notification of the responsible
party.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art. I, §14-09(2022).
The following sections cover some of the top concerns regarding the potential for the spread of disease
associated with agricultural operations:
E.coli
Cattle are asymptomatic carriers of E.coli 0157:H7,and are the primary reservoirs of the bacterium (Zhao
et al. 1995).Cattle shed bacteria in their feces sporadically(Bach et al.2002). E.coli populations can reach
10s colony-forming units (CFU)/g of feces and survive for weeks under natural conditions (Wang et al.
1996). A study published in the Journal of Medical Entomology, regarding the persistence of Escherichia
coli (E. coli) in the larval growth of the house fly and stable fly,documented the observations that house
fly larvae use E. coli as a food source for growth and maturation and survival (Rochon et al. 2004).
Additional serogroups of public health concern include 026 and 0103(Patterson et al. 2022).
Direct or indirect exposure to cattle are important potential sources of infection(Wilson et al.1997).Shiga
toxin-producing E. coli (STEC) infection can cause a variety of illnesses, including watery diarrhea,bloody
diarrhea and the hemolytic uremic syndrome, a potentially fatal condition involving acute renal failure
12
(Griffin & Tauxe 1991). Studies using spatial regression analysis demonstrated a strong association
between human STEC infection and cattle density(Valcour 2002). There are multiple causes for outbreaks
of STEC infection, to include direct contact with cattle (Renwick et al. 1993) and consumption of water
from shallow wells. Endemic STEC infection and exposure to agricultural environments has also been
found (Wilson et al. 1996). Past studies have also indicated goats and sheep as reservoirs for STEC(Parry
et al. 1998). Environmental exposures resulting in STEC was also studied using spatial association between
STEC 0157 human infections and exposure to livestock in the Netherlands over a nine-year period of time.
Authors of that study reported that human exposure to small ruminants was associated with an increase
of the incidence rate of human STEC 0157 infections (Mulder et al. 2020). STEC can spread to humans
directly through contact with livestock or via contaminated food,such as fresh produce,or water(Ongeng
et al. 2014; Doyle& Erickson 2006; Mughini-Gras et al. 2018). Foodborne outbreaks in the United States
can be caused by enteric pathogens,and STEC is one of the main types (CDC 2014&Conrad et al. 2016).
In a study of 16 farms across four regions of California,positive STEC samples were detected in all sampled
livestock species; testing included cattle, goats and swine. E. coli O157:H7 was only found in cattle
(Patterson et al. 2022).
Salmonella
Healthy poultry can carry Salmonella,which can be transmitted to people via handling raw poultry as well
as contact with infected poultry and their environment(Basler et al. 2016;Gaffga et al. 2012; Loharikar et
al.2012). This is a public health concern as asymptomatic poultry can shed the bacteria in their droppings
and contaminate any surface where birds live and roam,to include their feathers, body and feet(Basler
et al. 2016). The number of reported outbreaks of Salmonella infections in adults and children has
increased as the popularity of backyard flock ownership has increased(Behravesh et al.2014). The highest
number of backyard poultry-associated outbreaks with Salmonella infections and outbreak-associated
illnesses in a one-year period on record for the United States was documented in 2020 through the
national laboratory network for enteric disease surveillance (Varela et al. 2022). Of the 1,722 outbreak-
associated Salmonella illnesses that were linked to contact with privately-owned poultry during 2020,
there were 12 Salmonella subtypes identified (Nichols et al. 2018).
Campylobacter
Healthy poultry can also carry Campylobacter bacteria in their intestinal tract and be asymptomatic. The
majority of human cases reported in the United States occur from eating raw or undercooked poultry or
coming in contact with surfaces that had raw or undercooked poultry(CDC 2021). Butchering poultry and
contact with contaminated eggs is the next most commonly associated cause. A study conducted on
Campylobacter infections in Minnesota residents during 2012-2106 who reported an animal agriculture
exposure prior to their illness found that,of the 934,54% had contact with poultry or their environment
(Klumb et al. 2020). People with Campylobacter infection usually have diarrhea (often bloody),fever,and
stomach cramps. Nausea and vomiting may accompany the diarrhea.These symptoms usually start 2 to
5 days after the person ingests Campylobacter and last about one week. Infections may cause
complications, such as irritable bowel syndrome,temporary paralysis, and arthritis. In people with
weakened immune systems, such as those with a blood disorders, with AIDS, or receiving
chemotherapy,Campylobacter occasionally spreads to the bloodstream and causes a life-threatening
infection (CDC 2023).
13
Cryptosporidium
One of the most common parasitic pathogens causing enteric disease in humans is the intracellular
protozoan parasite Cryptosporidium (Chalmers 2014); it is also documented in a broad range of animals
worldwide. The intracellular protozoan parasite is a leading cause of waterborne diarrhea) disease
outbreaks throughout the world. Transmission of the parasite occurs via the fecal-oral route by ingestion
of infective oocysts, which are highly stable in the environment and resistant to almost all conventional
disinfection methods and water treatments (Khan & Witola 2023). Contact with animals, manure or
contaminated water and food has been found to lead to infections in humans(Xiao et al. 2004). Infected
animals excrete the parasite; contamination of the environment serves as a source of infection for
susceptible human and animal hosts. Oocysts are highly stable in the environment and resistant to almost
all water treatments and conventional disinfection methods (Fayer et al. 2000). Also recognized as an
important foodborne pathogen, Cryptosporidium has been linked to more than 40 foodborne outbreaks
and more than 8 million cases of foodborne illnesses annually(Zahedia & Ryan 2020).
There are at least four main Cryptosporidium species that infect cattle (Lindsay et al. 2000; Santin et al.
2007, Fayer et al., 2005; Fayer et al., 2008), and are a significant cause of diarrhea in neonatal farm
ruminants,including calves(Khan&Witola 2023). Sheep and goats also carry this parasite,as well as pigs
(Zahedi &Ryan 2020).
There are limited treatment options available for Cryptosporidium infections due to limitations on genetic
tractability,absence of conventional drug targets,and unique intracellular location within the host(Khan
&Witola 2023).Additionally,there are no effective therapeutic drugs available for the treatment of these
infections in young children, immunodeficient patients and neonatal livestock.
Avian Influenza
The infection of birds with influenza type A viruses is referred to as avian influenza (Al);the natural hosts
for these viruses include many species of wild waterfowl and domestic water and land birds(Influenza in
Animals 2018).AlVs are classified as highly pathogenic or low pathogenic based on the ability of the virus
to cause disease in chickens in the laboratory and/or genetic markers of pathogenicity(Varela et al.2022).
Highly pathogenic avian influenza A (HPAI) and low pathogenic avian influenza A (LPAI) have been
reported in recent years in the United States. Poultry flocks can experience a range of illness,to include
death; flocks may also be asymptomatic. Infected birds have virus in their saliva,feces and mucous(CDC
2023).
A severe outbreak of infections with HPAI in 2014-2015 affected 211 commercial and 21 backyard flocks,
with a total of 50 million birds lost or eliminated to stop the spread of disease(Final report for the 2014-
2015 Outbreak of Highly Pathogenic Avian Influenza (HPAI) in the United States, 2016). The transmission
of AIV from birds to people can occur via direct contact with infected birds as well as indirect contact with
surfaces that have been contaminated with the virus(CDC 2023).AIV can also be transmitted through the
inhalation of virus in the air via droplets or dust(Avian Influenza A Virus Infections in Humans 2022). It is
imperative to monitor poultry for outbreaks to limit the possibility that AlVs could change through
reassortment or mutation and gain the ability to spread easily between people(Varela et al. 2022).
14
Virulent Newcastle Disease
Newcastle Disease is caused by avian paramyxovirus that can cause a range of illness in birds, including
asymptomatic presentation to 100% mortality, depending on the strain. While Newcastle rarely infects
people,symptoms include flu-like illness.Virulent Newcastle Disease(vND)is the most severe form of the
disease in poultry, with domestic poultry being particularly susceptible, with large outbreaks of vND
occurring periodically in commercial poultry. One outbreak in the western United States was primarily
associated with backyard exhibition chickens raised or smuggled illegally for fighting. Due to the
movement of exposed and infected birds,hundreds of premises have been affected,including homes with
backyard flocks in other states(USDA APHIS vND 2021).
Q Fever
An area studied in The Netherlands experienced an outbreak of Q fever between 2007-2010, resulting in
more than 4,000 cases. Studies of that outbreak linked infection through inhalation of air contaminated
with Coxiella burnetii, the bacterium causing Q fever, by aerosols and dust emitted from infected dairy
goat farms, and some sheep farms (Dijkstra 2012). Goats, sheep and cattle are the most frequently
implicated animal sources of human infection with Cburnetiid bacterium in the United States (Smith et
al. 2011). Cases of Q fever have been linked to viewing of animal births (Whelan et al. 2009) due to the
aerosolization during birthing and inhalation of aerosolized organisms can lead to infection in people
(JAVMA 2017). Symptoms in humans can range from an acute influenza-like illness to life-threatening
endocarditis, premature birth,stillbirth,and miscarriage in pregnant women (Anderson et al. 2013).
Vancomycin-Resistant Enterococcus spp. (VRE)
A substantial increase in the incidence of Vancomycin-resistant Enterococcus spp. (VRE) nosocomial
infections in intensive care units was noted in the late 90s (NNINS 1999). A bacterium that develops
resistance to treatment is of significant clinical and public health concern. Additional concerns focus on
VRE contamination of groundwater and recreational water(Harwood et al.2001).VRE that are intrinsically
resistant to low levels of vancomycin have been isolated from bird feces (Sellin 2000) as well as certain
types being isolated from chickens and farm lagoons (Coque 1996). The horizontal transmission of VRE
from animals to humans has been demonstrated in epidemiological studies in Europe(Bates 1997; Bates
et al. 1993;Stobberingh 1999).
Community-Acquired Pneumonia (CAP)&Other Respiratory Illness
A study of electronic health records of general practitioners in a livestock-dense area in The Netherlands
examined potential risk sources and disease outcomes in the population. An association between
proximity to goat farms and increased risk for pneumonia in data from 2009-2013 was found, with 5.4%
of community-acquired pneumonia (CAP) cases in the population being attributable to the proximity to
goat farms (Kalkowska et al. 2018). This study expanded upon prior studies that found associations
between CAP in humans and living close to poultry and goat farms(Maassen et al. 2016; Hagenaars et al.
2017). These findings are similar to a study of >90,000 patients in Denmark, where an increased
occurrence of pneumonia was found in individuals living within 1 kilometer of at least one poultry farm
(Smith et al. 2012). Data analysis regarding proximity to goat farms also indicated an association between
proximity and CAP(Fried) 2017).
15
In a study following approximately 4 million individuals residing in The Netherlands for respiratory
mortality, including respiratory system diseases, pneumonia and chronic lower respiratory diseases,
evidence was found that living within 2000 meters of pig farms was associated with respiratory mortality
(Simoes et al. 2022). Authors indicated limited availability of studies regarding physical, chemical, and
biological exposures leading to respiratory mortality and morbidity.
Danger Regarding Lack of Requirements,Specific to(G)an Identified Source of Contamination of Water
Supplies
The two primary concerns regarding the contamination of water supplies with agricultural operations are
from waste and pesticides.The runoff from agricultural land that has been treated with manure has the
potential to contaminate wells that supply water for human consumption and local surface water(Great
Lakes Commission 1996).
A scoping review of 151 articles published between 1988 and 2019 dealing with the assessment of
residential exposure to agricultural pesticides found that pesticide exposure appears to be largely
correlated with the spatial organization of agriculture activities in a territory (Teysseire et al. 2020). The
meta analysis reviewed epidemiological studies investigating possible links between the onset of adverse
health effects,such as cancer,and pesticide exposure. Pesticides are used to influence the life processes
of plants and conserve plant products by protecting crops against undesirable organisms or diseases
(European Parliament 2009). Application methods of pesticides differ and can affect the compound
mobility and persistence in the environment. Contamination of soils, water or air can occur. Pesticides
can also be transferred into ground water (Brown et al. 2008). Spray drift during application and
volatilization of pesticides after their applications are possible; dermal exposure or ingestion via food or
hand can occur (European Food Safety Authority 2014). Transference of chemical in carpets was also
identified as a good proxy for indirect residential long-term exposure(Deziel 2015). Numerous studies of
those reviewed indicated a significant association between an increased risk to adverse health effects and
residential exposure (Teysseire et al. 2020).
As previously documented,the presence of Cryptosporidium in a variety of animals is present in excreta.
This bacterium caused the largest documented drinking water outbreak in United States history, which
affected an estimated 403,000 people in Milwaukee, Wisconsin, and resulted in over $96 million in
combined healthcare costs and productivity losses(MacKenzie et al. 1994; Hoxie et al. 1997; Corso et al.
2003). The majority of the global protozoal water outbreaks that occurred from 2004 to 2010 have been
attributed to Cryptosporidium (Karanis 2018)and pose the biggest pathogen threat to the water industry
(Chalmers 2014).
The waste of livestock contains nitrogen in both inorganic and organic compounds (Sahoo et al. 2016).
Nitrate and nitrite are both converted from ammonia, which is produced from microbial action in the
decomposition of waste containing organic nitrogen (Sahoo et al. 2016). Nitrate is predominant in
decomposed waste (Lokesh 2013). Improper management of waste produced by livestock can pose
serious thread to groundwater. This can occur from surface water runoff, improper discharge, and
excessive land application of wastes(Sloan et al. 1999; Gerber et al. 2006).
Nitrate contamination of groundwater can cause adverse effects on human health via drinking water
(Sugimoto&Hirata 2006; Roy et al. 2007; Kim et al.2009;Wongsanit 2015).These harmful effects include
16
methemoglobinemia, hypertension, stomach cancer, thyroid disorder, cytogenetic defects and birth
defects (Horing 2004). Studies regarding a contamination of Walkerton, Ontario, Canada's municipal
water system with E. coli O157:H7 and Campylobacter with manure runoff from a nearby farm that
entered via a shallow well (Bruce-Grey Owen Sound Health Unit 2000).
Sanitation, odor, and vector control concerns are addressed within Chapter 14. Whereby every owner,
possessor, or harborer of animals, fowl, and livestock, shall dispose of animal excreta at least weekly or
more often as needed to prevent a public health nuisance. (§14-109)
Additionally, Chapter 14 requires that the owner, caretaker, harborer, or possessor of every animal be
responsible to immediately and properly dispose of excreta deposited by the animal on public walks,
recreation areas, public, or private property. This includes assigning responsibility to the owner or their
appropriate representative of any multifamily living complex to enforce or remove waste deposited by
any animal being housed/harbored on such property. It defines the rules for committing and offense for
not upholding the assigned responsibilities and ties excessive excreta to the nuisance regulations (§14-
12)
Public Nuisance,as defined by Chapter 14
Public nuisance is defined in Chapter 14 as any action or condition that has the potential to affect the
health, safety,or welfare of the public, including any animal, fowl, or livestock that: repeatedly at-large
(two or more times in a 36-month period),defiles public property,chases or attacks other animals,"barks,
whines, howls, crows, or makes other noise in an excessive or continuous fashion." Wichita Falls, Tex.,
Code of Ordinances Chapter 14,art. IV, §14-298 (2022). The definition also includes the following: fecal
matter,garbage,or other organic wastes deposited,stored,discharged,or exposed in such a way as to be
a potential instrument or medium in disease transmission;a condition or place that is a breeding ground
for flies and/or rats; a place or condition harboring rats; a collection of water in which mosquitoes are
breeding;an object,place,or condition that is a potential medium of disease transmission to humans;any
animal, fowl, or livestock which damages, soils, defiles, urinates,or defecates on private property other
than the owners; a place or condition that has the potential to produce obnoxious or foul odors. Id.
In addition to the concerns previously detailed regarding ownership of livestock and poultry within the
city limits,there is a significant concern regarding noise disturbances. Individuals residing within city limits
generally have the expectation that their residential neighborhoods are free from unreasonable
disturbances to the peace. Allowing for additional livestock and poultry without regulation would disturb
the peace. Based on my training and experience as a health official,loud noises from livestock and poultry
can cause sleep disturbances.There are both psychological and physical effects of noise exposure. Over a
extended duration, noise can cause fatigue, irritability, and communication problems. Noise can cause
constriction of small arteries in the fingers,toes,skin,and abdominal organs.The heart pumps less blood
with every beat in noisy environments;subsequently,the natural resistance to disease can be weakened
(Oskam & Mitchell 2023).
This type of regulation is necessary and expected by the residents within the city limits. Allowing for
livestock and poultry will also allow for their noises,to include crowing, mooing, bellowing,snorting and
bleating. Staff would be unable to enforce the noise component of Chapter 14 relating to livestock and
poultry.An excessive number of these types of animals has the potential to create noise pollution. Limited
information could be found regarding agricultural operations within a city and the noise produced from
17
livestock and poultry. It is well documented that noise-induced hearing loss (NIHL) is a common and
preventable injury for farmers. Farmers rank among the top three occupations and industries with the
highest risk for hearing loss (Ehlers&Graydon 2011).
Care of Animals
There are current requirements in Chapter 14 specific to the care of animals. Wichita Falls,Tex.,Code of
Ordinances Chapter 14,art.VI, §14-452 (2022).These include rules specific to owners providing animals
sufficient, good, and wholesome food and water; adequate shelter, shade, and protection from the
weather; adequate space; humane care and treatment; and reasonable veterinary care as needed to
prevent suffering. Id. Shelter includes construction for animals to remain dry and protected from the
elements. Id. Specific to livestock, they must be provided access to shelter to allow them to remain dry
during rain and snow and protected from severe weather. Id.The shelter must have three solid sides and
a roof and be structurally sound and in good repair to protect the livestock from injury. Id. Such a shelter
will provide a minimum amount of space sufficient to accommodate all livestock confined within the
shelter, as provided in section 14-198(e). Either natural or artificial shade shall be provided to protect
livestock from direct sunlight.Wichita Falls,Tex.,Code of Ordinances Chapter 14,art.VI, §14-452(2022).
If shade is provided by the enclosure,allowance shall be made for adequate ventilation.A suitable method
shall be provided to eliminate excess water from the shelter area.
It is also unlawful to keep livestock on a chain or rope that is placed in a manner that makes it possible for
the animal to become entangled with the restraints of other animals or livestock or with any other objects
(14-452).This helps ensure the safety and well-being of livestock and other animals.
While these types of restrictions are specific to the care and keeping of animals, and the focus of H.B.
1750 is on people, based on my training and experience, removing restrictions has the potential to also
affect the owners,neighbors,and others.Without limitations regarding space and setbacks,the care and
keeping of animals becomes more important and of greater concern.
Summary
It is imperative that the current restrictions regarding livestock and poultry be maintained within the city
limits, based on the above stated issues. While agricultural operations within the state of Texas are
important and necessary entities to sustain people and the economy,additional regulations for our local
jurisdiction ensure the protection of health and safety.
With the goal of mitigating the potential negative impacts of small-scale animal husbandry, our local
municipal code provides regulation specific to all animals,including livestock and poultry. In a study of 22
municipalities across the nation that had revised ordinances and/or zoning codes to allow for urban
livestock, 20 chose to utilize a permitting process; the two cities that did not use a permit did have
requirements to be met upon inspection. Most ordinances included requirements specific to setback,
enclosures and the disposal of waste (Butler 2012). These are the same type of regulations currently
required in Chapter 14 to protect the health and safety of the public.
Again, this is a preliminary report; further review and discussion regarding state and federal law are
warranted. These recommendations can be reviewed again upon the issuance of the report to be
completed by Texas A&M Agrilife, per H.B. 1750.
18
...-_--,4_,,,„•-iirn177---—
Amy Fagan
Director of Health
774-31‘64 ., -Gf-c_P
Dr. Robert McBroom
Local Health Authority
Wichita Falls—Wichita County Public Health District Medical Director
19
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