Loading...
Ord 2334 7/10/1967 ORDINANCE NO. I AN ORDINANCE AMENDING SECTIONS 5-25, 5-26, 5-27 , 5-29, 5-31, 5-32, 5-33 AND ADDING SECTIONS 5-34 THROUGH 5-37 TO THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, REQUIRING PERMITS FOR THE KEEPING OF CERTAIN ANIMALS, LIVESTOCK AND FOWLS ; GRANTING CERTAIN EXCEPTIONS; PROVIDING FOR INSPECTION OF KEEPING OF ANIMALS, LIVESTOCK AND FOWLS; SETTING FORTH SANITARY REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING A FINE FOR VIOLATIONS; DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 5-25 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-25. Permit required. It shall be unlawful for any person to keep six (6) or more in the aggregate or four (4) or more of any one species of animals and/or fowls, or any live- stock within the city who does not possess an unrevoked permit from the health officer or his authorized representative. Only persons who comply with the requirements of this article shall be entitled to receive such a permit. " SECTION 2. Section 5-26 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-26. Fee. The annual permit fee for the keepers of animals, livestock or fowls, as required by this article, shall be two dollars ($2 .00) . The permits will expire on December 31st of each year and are not transferable from person to person. " SECTION 3. Section 5-27 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-27. Inspections. At least once every six (6) months the health officer or his authorized representative shall inspect every area or place for which a permit has been issued for the keeping of animals, fowls or livestock. In case the health officer or his authorized representative discovers the violation of any item of sanitation, he shall make a second in- spection after a lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this article. Any violation of the same item of this article on such second inspection shall call for immediate suspension of the permit. " SECTION 4. Section 5-29 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-29. Right of entry. The person keeping animals, fowls or livestock within the city shall, upon request of the - 2 - health officer or his authorized representative, permit access to the area or places of keeping of animals, fowls or livestock. " SECTION 5. Section 5-31 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-31. Same - Keeping of animals. It shall be unlawful for any person to violate any of the following regula- tions and sanitation requirements : (1) Animals ' pens, rooms, coops, or boxes shall be equipped with dropping trays which will be cleaned daily and/or the decomposition method using hybrid worms and/or other methods approved by the health officer or his representative. The method used will have to have the approval of the health officer or his representative. (2) All persons keeping animals within the city shall keep the premises upon which such animals are kept clean and free from noxious and unpleasant odors and shall use some standard spray and/or other chemical control at reasonable intervals so as to keep such premises free from flies, mosquitoes and other vectors . (3) In computing the number of cats and dogs, animals under sixty (60) days of age will not be considered. (4) Every keeper of animals shall confine the same in an enclosure sufficient to prevent their running at large and such enclosure shall be maintained in a clean and sanitary condition at all times ; provided, however, that domestic or house cats shall not be required to be so confined unless the number of cats pre- sent on any premises shall exceed three (3) in number. " SECTION 6. Section 5-32 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-32. Same - Keeping of livestock. It shall be unlawful for any person to violate any of the following regula- tions and sanitation requirements : (1) To feed, breed, stable, pasture, or keep any cow or cows, goat or goats, horse or horses, sheep or any other livestock of like species in or on any lot, pen, building, parcel of land, stable or other enclosure, in the city, any part of which lot, pen, building, stable, parcel of land or other enclosure, is nearer than one hundred (100) feet to any building occupied by any person any part of the day or night. A minimum of four hundred (400) square feet of area shall be required for each livestock, and not more than two (2) livestock shall be in any lot, pen, building, stable, enclosure or parcel of land. (2) The place of feeding, breeding, stabling, pasturing or the keeping of any such livestock shall be kept free of offen- sive odors, flies, rodents or other pests . - 3 - (3) Each and every lot, pen, building, stable or other enclosure in the city, in or on which any of the named livestock in this section or other species are kept, fed, bred, stabled, pastured or housed, shall have a suitable manure box or container in which all manure and droppings shall be placed daily. Each such box or container shall be securely screened or otherwise protected from flies, vermin and rodents, and shall be cleaned out and disinfected at least once a week. Manure from such boxes or containers shall not be left in open stacks but removed or buried. " SECTION 7 . Section 5-33 of the Code of Ordinances of the City of Wichita Falls is hereby amended so that such Section shall read as follows : "Section 5-33 . Disposition of litter and droppings . Every keeper of animals, livestock or fowls shall cause the litter and droppings therefrom to be disposed of in a manner approved by the health officer or his authorized representative." SECTION 8. The Code of Ordinances of the City of Wichita Falls is amended by adding a Section to be numbered 5-34, to read as follows : "Section 5-34. Storage of feed. All feed provided for animals, livestock or fowls shall be stored and kept in a rat- proof, flytight building, box, container or receptacle. " SECTION 9. The Code of Ordinances of the City of Wichita Falls is amended by adding a Section to be numbered 5-35, to read as follows : - "Section 5-35. Exceptions to article. (1) Veterinary hospitals, clinics and the related practices of veterinary medicine shall be excepted from the provisions of this article. (2) Stock shows, pet fairs, pet shops, humane societies, slaughter houses, auction pens, rodeo arenas, riding stables, circuses, public zoos, governmental agencies, laboratories, and research facilities approved by the health officer are excepted from the provisions of this article. 3 Undeveloped areas within the corporate limits of the ( ) P P city are excepted from the provisions of this article. " SECTION 10 . The Code of Ordinances of the City of Wichita Falls is amended by adding a Section to be numbered 5-36, to read as follows : "Section 5-36. Definitions. For the purpose of this article the following words or terms shall have the meaning herein ascribed to them: - 4 - (1) "Fowl" shall include chickens, turkeys, pheasants , quail, guineas, geese, ducks, and/or other feathered animals regardless of age or sex, except pigeons. (2) "Livestock" shall include horses, shetland ponies, mules and donkeys, sheep, goats, cows, and similar animals re- gardless of age, sex or breed. (3) "Animals" shall include dogs, cats, monkeys, racoons, opossums , de-scented skunks, rabbits, chinchillas, hamsters, and similar animals of all descriptions regardless of sex, other than livestock. " SECTION 11. The Code of Ordinances of the City of Wichita Falls is amended by adding a Section to be numbered 5-37 , to read as follows : • "Section 5-37 . Enforcement. This article shall be enforced by the health officer of the city or his authorized representative. " SECTION 12. Any person who violates any provision of this ordinance shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00) . Each day any violation of this ordinance shall continue shall constitute a separate offense. SECTION 13. Savings Clause. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitu- tional or invalid for any reason the remainder of said ordinance shall not be affected thereby. SECTION 14. The fact that many people live within the City of Wichita Falls and there is an urgent need for protection against animals, livestock and fowl this ordinance is declared an emergency •measure on the ground of urgent public need for the preservation of the peace, health and safety of property of the City, and said ordinance shall take effect immediately upon its passage. PASSED AND APPROVED this the 10th day of July, 1967 . d#00, 40r f m l M A Y O R A T T E S T: 6_--//1224 • City Clerk Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On this 21 day of July ..4IT,IN NO. r A.D. . 67 . personally appeared before me, the undersigned authority AN ORDINANCE AMENDING SECTIONS! 5-25, 5-26, 5-27, 5-29, 5.31, 5-32, 5.33 AND Katherine Parrish ADDING SECTIONS 5-34 THROUGH 5-37 . bookkeeper TO THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS,TEXAS, REQUIRING PERMITS FOR THE KEEP- ING OF CERTAIN ANIMALS, LIVE- for the Times Publishing Company of Wichita Falls, publishers of the STOCK AND FOWLS; GRANTING CER- TAIN EXCEPTIONS; PROVIDING FOR INSPECTION OF KEEPING OF ANI- Wichita Falls Record News, a newspaper published at Wichita Falls in `MAt„S, LIVESTOCK AND FOWLS; SET- fTING FORTH SANITARY REQUIRE-,', 1MENT5; PROVIDING FOR ENFORCE Wichita County, Texas, and upon being duly sworn by me, on oath states MENT; PROVIDING A FINE F 0 R VIOLATIONS; DECLARING AN EMER- t that the attached.advertisement is a true and correct copy py of advertising BE IT ORDAINED BY THE BOARD OF • ALDERMEN OF THE CITY OF WICH-I �w ` ITA FALLS,TEXAS,THAT: published in-.,,, One J SECTION 1. Section 5-25 of the Code of p - .issues thereof on the following Ordinances of the City of Wichita Falls II is hereby amended so that such Section I' dates shall nad follows: July 14' 1967 "Section tioon 5.25.5. Permit required. It shall be unlawful for any, person to keep six I (6) or more in the aggregate or four (4) or more of any one species of maid' mals and-or fowls, or any livestock with- , in the city who does not possess an un-; �i•�z � !� revoked permit from the health officer or', ��G- �" his authorized represenative. Only per-I ~ sons who comply with the requirements( for Times Publishing Company of this article shall be entitled to receive, such a permit." of Wichita Falls SECTION 2. Section 5-26 of the Code of!, Ordinances of the City of Wichita Falls is hereby amended so that such Section Subscribed and sworn to before me this the day and year first above shall read as follows: I"Section 5-26.. Fee. The annual permit _w L) written., fee for the keepers of animals, livestock K I or fowls, as required by this article,shall be two dollars (52.00). The permits will ' / a_y expire on December.31st of each year .-•-..... " noes ,, , p'enuses _�.,, and are not transferable from person to free from flies, mosquitoes and other - —? vectors. J,�'� i'>- person." I (3) In computing the number of cats and-; /�/� �'r..-ei.-s-2°<.r_¢ ' "r�-'' 'z'Z�'-t--�-" SECTION 3. Section 5-27 of the Code of j ♦`�^"Gf"`£ ., Ordinances of the City of Wichita Falls � dogs, animals under sixty (60) days of is hereby amended so that such Section age will not be considered. - ItIrld 'L'I Fj, ADAMS. )i!6aTfltl4Y i( 3'4lC. shall read as follows: (4) Every keeper of animals shall can- ..hai AP,.iia FOR ti-V ifi T'A COUSIi'Y•, y'Liaita "'Section 5-27. Inspections. At least once I fine the same in an enclosure sufficient !every six (6) months the health officer ail to prevent their running at large and 1 or his authorized representative shall in- : such enclosure shall be maintained In a spect every area or place for which a i clean and sanitary condition at all times; K3) "Animals" shall include dogs, cats,' permit has been issued for the keeping of ! 'I Provided, however, that domestic or I"Section 5-33. ,Disposition of litter and ,'monkeys, racoons, possums, de-scented' house cats shall not be required to be droppings. Every keeper of animals, live- animals, fowls or livestock. In case the ! skunks, rabbits, chinchillas, hamsters, health officer or his authorized represent-,, so confined unless the number of cats stock or fowls shall cause the litter and I 'and similar animals of all descriptions alive discovers the violation of any item i' I Present on any premises shall exceed ,droppings therefrom to be disposed of in fegardless of sex, other than livestock." three (3) In number." a manner approved by the health officer I SECTION 11. The Code of Ordinances of of sanitation, he shall make a second in-1 'or his authorized representative." 1 spection after a lapse of such time as he I SECTION 6. Section 5-32 of the Code of he City of Wichita Falls Is amended by Ordinances of the City SECTION 8. The Code of Ordinances of deems necessary for the defect to be rem- y of Wichita 'Falls adding a Section to be numbered 5-37, edied, and the second inspection shall be is hereby amended so that such Section the City-of Wichita Falls Is amended by ,to read as follows: I adding a Section to be numbered 5-34, '"Section 5-37. Enforcement. This article used in determining compliance with the shall read as follows: requirements of this article. Any viola- "Section 5-32. Same — Keeping of live- ] To read as follows: shall be enforced by the health officer tion.of the same item of this article on I 'stock. It shall be unlawful for any person[ "Section 5-34. Storage of feed. All feed of the city or his authorized representa- tion second inspection shall call for im- to violate any of the following regulations . shall�dbe storedni mods kepte in a rat-proof, -'-five," mediate suspension of the permit." I thnd sanitation requirements: kept SECTION 12. Any person who violates SECTION 4. Section 5-29 of the Code of k(1) To feed, breed, stable, pasture, or flytight building, box, container or. re- any provision of this ordinance shall be Ordinances of the City of Wichita Falls ,keep any cow or cows, goat or SECTION punished by a fine of not exceeding Two goats, 'SECTION 9. The Code of Ordinances of is hereby amended so that such Section ',horse or horses, sheep or any other live- the City of Wichita Falls is amended by Hundred of this (rdinanc. shall day any shall read as follows: `stock of like species in or on any lot, y o s all on of this ordinance fens continue "Section 5-29. Right of entry. The person [Pen, building, parcel of land, stable or, adding a Section to be numbered 5-35, to shall constitute a separate offense. keeping animals, fowls or livestock with- other enclosure, In the city, any part of read as follows: SECTION 13. Savings Clause. Should any in the city shall, upon request of the I which lot, pen, building, stable, parcel of i Section 5-35. Exceptions to article. - section, paragraph, sentence, clause or i '(ll Veterinary hospitals, clinics and the phrase of this ordinance be declared un- health officer or his authorized repre- land or other enclosure, is nearer than I related practices of veterinary medicine :constitutional or invalid for any reason, sentative, permit access to the area or lone hundred (100) feet to any building I shalt be excepted from the provisions of :the remainder of said ordinance shall not! places of keeping of animals, fowls or occupied by any person any part of the this article. I be affected thereby, livestock." day or night. A minimum of four hun- (2) Stock shows, pet fairs, pet shops, hu- SECTION 5. Section 5-31 of the Code of I dred (400) square feet of area shall be SECTION 14. The fact that many people Ordinances of the City of Wichita Falls required for each livestock, and not more mane societies,arenas,slaughter houses, auction live within the City of need for Falls and is hereby amended so that such Section than two (2) livestock shall be in any Pens,ublico arenas, verng stables, circus- a there is an urgent livestock need for protection public zoos, governmental agencies, against animals, livestock and fowl this; I shall read as follows: lot, pen, building, stable, enclosure or laboratories, and research facilities ap- ordinance is declared an emergency mead "Section 5-31. Serne—Keeping of animals. ' parcel of land. proved by the health officer are excepted sure on the ground of urgent public need , It shall be unlawful for any person to 71 The place of feeding, breeding, stn- 1 from the provisions of this article. I for the preservation of the peace, health violate any of the following regulations !Wing, pasturing or the keening of any 1 (3) Undeveloped areas within the corpo• and safety of property of the City, and and sanitation requirements: I Ihl such livestock shall be kept free of often. ; rate limits of the city are excepted from said ordinance shall take effect immedi- (1) Animals'pens, rooms, coops,or boxes,, sive odors, flies, rodents or other pests. the provisions of this article." ately upon its passage. shall be equipped with dropping trays (3) Each and every lot, pen, building, SECTION 10. The Code of Ordinances of PASSED AND APPROVED this the 10th1 which will be cleaned daily and-or the stable or other enclosure In the city, in ( the City of Wichita Falls Is amended by day of July, 1967. s—'R. C. Ranvier, May- decomposition method using hybrid worms or on which any of the named livestock I adding a Section to be numbered 5-36, to I or ATTEST: s—Wilma J. Thomas, City and-or other methods approved by the in this section or other species are kept, I (read as follows: Clerk health officer or his representative. The !fed, bred, stabled, pastured or housed, I"Section 5-36. Definitions. For the pur• _ method used will have to have the approv ,shall have a suitable manure box or con- I pose of this article the following words r., al of the health officer or his representa- !tanner in which all manure and droppings ; or terms shall have the meaning herein - tive. shall be placed daily. Each such box or ascribed to them: (2) All persons keeping animals within !container shall be securely screened or . (1) "Fowl" shall include chickens, tur- f the city shall keep the premises upon 'otherwise protected from flies, vermin keys, pheasants, quail, guineas, geese, which such animals are kept clean and and rodents,and shall be cleaned out and ducks, and-or other feathered animals re- 'free from noxious and unpleasant odors disinfected at least once a week. Manure pardless of age or sex, except pigeons. and shall use some standard spray and- from such boxes or containers shall 1(2) "Livestock"shall Include horses,shet• or other chemical control at reasonable Ibe left in open stacks but removed or land ponies, mules and donkeys, sheen, intervals so as to keep such premises .buried." Igoats, cows, and similar animals regard- free from flies, mosquitoes and other SECTION 7. Section 5-33 of the Code of ,less of age, sex or breed. vectors. !Ordinances of he City of Wichita Falls is I (3) In computing the number of cats and [hereby amended so that such Section shall! dogs, animals under sixty (60) days of ,read as follows: age will not be considered.