ORD 2015-09
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ARTICLE I, ENTITLED “ANIMALS” OF CHAPTER 2, ENTITLED “ANIMAL
CONTROL”, OF THE CODE OF ORDINANCES, BY AMENDING SECTION
1.01 ENTITLED “DEFINITIONS” AND BY REPEALING SECTION 1.16
ENTITLED “LIVESTOCK, WILD OR PROHIBITED ANIMALS” AND
ADOPTING A NEW SECTION 1.16 ENTITLED “LIVESTOCK, FOWL, WILD OR
PROHIBITED ANIMALS”; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A
MISDEMEANOR PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Town Council has adopted Article I, entitled “Animals” of Chapter 2,
entitled “Animal Control” of the Code of Ordinances of the Town in an effort to regulate the
keeping of various animals within the Town; and
WHEREAS
, the Town Council has determined that the keeping of certain types of
animals within the Town creates noise and offensive odors that are detrimental to the health and
the quiet enjoyment of property by its citizens; and
WHEREAS
, the Town Council has further determined that the keeping of certain types
ofanimals which normally live on larger tracts of land used for agricultural purposes on
residential lots within the Town is contrary to the health and welfare of the public; and
WHEREAS,
the Town has the authority and the power to adopt regulations relating to
the control of animals, the Town Council hereby finds and declares that it serves the best
interests of the public health, safety and general welfare to adopt this Ordinance prohibiting the
keeping of Fowl within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01
. Section 1.01 entitled “Definitions” of Article I entitled “Animals“ of Chapter 2, entitled
“Animal Control”, is hereby amended so that the definition of “Animal”, “Fowl”,“Livestock”,and
ORD 2015-09Page 1of 4
“Prohibited Animals” shall be and read as follows in their entirety, with the remaining definitions
not specifically amended hereby continuing in full force and effect:
“Section 1.01 Definitions
Animal: Shall mean any living creature, classified as a member of the animal
kingdom including but not limited to: Dogs, Cats, cows, horses, birds, fish,
mammals, reptiles, insects, Fowl, and Livestock, but specifically excluding
human beings.
Fowl
: Chickens,turkeys, pheasants, peacocks, quail, geese, ducks, or similar
feathered animals, regardless of age, gender, or breed, excluding Roosters.
Livestock
: Shall mean any Animal that is not normally considered a
domesticated breed and is typically found on a farm, including without limitation,
horses, mules, donkeys, cattle, hogs, Fowl, goats and sheep, and shall include
both the male and female species of such animals.
Prohibited Animal(s): Shall mean an Animal not normally considered a
domesticated breed, including but not limited to: venomous lizard, poisonous
snake, boa, python, raccoon, skunk, fox, bear, elephant, kangaroo, monkey,
chimpanzee, antelope, deer, any protected, threatened, or endangered species
as defined by the Texas Wildlife Commission andthe U.S. Fish and Wildlife
Service, or any other Wild Animal capable of, or inflicted to do, serious bodily
harm to humans or other Animals of any kind.”
2.02. Section 1.16 entitled “Livestock, Wild or Prohibited Animals” of Article I entitled “Animals”
of Chapter 2, entitled “Animal Control”, is hereby repealed in its entirety and a new Section 1.16
entitled “Livestock, Fowl, Wild or Prohibited Animals” is hereby adopted and shall be and read in
its entirety as follows:
“Section 1.16 Livestock, Fowl, Wild or Prohibited Animals
A.It shall be unlawful to keep or harbor any Livestock, Fowl, Wild or Prohibited Animal within
the Town, except at commercial establishments dealing in the sale or handling of such
Animals, having proper zoning for such commercial enterprises and having proper facilities
for the care and restraint of such Animals, or on land zoned for agricultural uses where the
zoning ordinance expressly allows the keeping or harboring of such Livestock, Fowl, Wild
or Prohibited Animal.
B.The Local Rabies Control Authority may establish conditions under which it would be
permissible for a Person to keep or harbor Livestock, Fowl, Wild or Prohibited Animals in the
Town on a temporary basis for a period of time as authorized by the Town Council.”
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SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
fees and shall not repeal any of the provisions of such Ordinances except in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances
of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint,
action, cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under orpursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article,paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
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PASSED AND APPROVED
by the Town Council of the Town of Trophy Club, Texas,
this28th day of April, 2015.
_______________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:\[SEAL\]
_________________________________________
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
________________________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
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