ORD 2016-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS;
AMENDING SECTION 2.01.001, "DEFINITIONS", AND ADDING
SUBSECTION "(c)" ENTITLED, "FOWL" TO SECTION 2.01.020 AND
AMENDING THE TITLE OF SECTION 2.01.020 TO BE ENTITLED
"SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS,
FERRETS AND FOWL" OF ARTICLE 2.01, "GENERAL PROVISIONS"
OF CHAPTER 2, "ANIMAL CONTROL" OF THE TOWN OF TROPHY
CLUB CODE OF ORDINANCES; PROVIDING FOR THE
INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A MISDEMEANOR PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is
a home rule municipality empowered to do all acts and make all regulations which may
be necessary or expedient for the promotion of the public health, safety and general
welfare; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is
authorized to adopt ordinances as necessary to protect the public health, safety and
welfare; and
WHEREAS, the Town Council has adopted Article 2.01, entitled "General
Provisions" of Chapter 2, entitled "Animal Control" of the Town of Trophy Club Code of
Ordinances in an effort to regulate the keeping of various animals within the Town; and
WHEREAS, in an effort to address the keeping of chickens and other fowl upon
properties located within the Town, and to implement regulations to safeguard the public
health, safety and welfare, the Town Council has determined it necessary to amend
various sections of Article 2.01 of Chapter 2, of the Town of Trophy Club Code of
Ordinances in order to regulate the keeping of fowl within the corporate limits of the
Town -land
WHEREAS, the Town Council hereby finds and declares that it is in the interest
of the public health, safety and general welfare to establish the regulations set forth in
this ordinance for the control of chickens and other types of fowl within the corporate
limits of the Town of Trophy Club; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby adopts
this Ordinance amending Article 2.01, "General Provisions" of Chapter 2, "Animal
Control" to add definitions to Section 2.01.001, "Definitions", to amend the title of
Section 2.01.020 so that it is entitled "Special Requirements for Keeping Miniature Pigs,
Ferrets, and Fowl"; and to add Subsection "(c)", "Fowl" to Section 2.01.020 in order to
adopt specific regulations relative to the keeping of chickens and other 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
All of the above and forgoing premises are true and correct and are hereby
incorporated in the body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENT
2.01 Section 2.01.001 entitled "Definitions" of Article 2.01, entitled "General
Provisions" of Chapter 2, entitled "Animal Control", of the Town of Trophy Club Code of
Ordinances is hereby amended so that the definition of "Coop", "Fowl," and "Prohibited
Animals" shall be read as follows in their entirety, with the remaining definitions not
specifically amended hereby continuing in full force and effect:
"CHAPTER 2 ANIMAL CONTROL
ARTICLE 2.01 GENERAL PROVISIONS
Section 2.01.001 Definitions
Coop. An enclosure in which Fowl are confined.
Fowl. Chickens, turkeys, pheasants, peacocks, quail, geese, ducks, or similar
feathered animals, regardless of age, sex, or breed, excluding Roosters.
Prohibited Animals. Shall mean an animal not normally considered domesticated
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 and the 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."
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2.02 Section 2.01.020, entitled "Special Requirements for Keeping Miniature Pigs and
Ferrets" of Article 2.01, entitled "General Provisions" of Chapter 2, entitled "Animal
Control", is hereby amended so that the title of Section 2.01.020 shall be entitled
"Special Requirements for Keeping Miniature Pigs, Ferrets, and Fowl" and so that
subsection "(c)", entitled "Fowl" is added and shall be read in its entirety as set forth
below with all provisions not expressly amended hereby remaining in full force and
effect:
"CHAPTER 2 ANIMAL CONTROL
ARTICLE 2.01 GENERAL PROVISIONS
Section 2.01.020 Special Requirements for Keeping Miniature Pigs, Ferrets,
and Fowl
(c) Fowl.
(1) Location and Maximum Number. Fowl shall only be allowed on property
zoned for single-family residential use. It shall be unlawful for any Person
to keep, harbor, maintain, or allow more than four (4) Fowl of any species
six (6) months of age or older upon property owned, leased or controlled
by such Person within the corporate limits of the Town of Trophy Club.
(2) Roosters Prohibited. It shall be unlawful for any Person to own, control,
keep, harbor, maintain, or allow one (1) or more Roosters upon property
owned, leased, or controlled by such Person within the corporate limits of
the Town of Trophy Club.
(3) Location and Other Requirements for Coops. A Coop shall comply with
the following requirements. A Coop shall:
• This section shall not apply to pet birds kept within residential or
commercial structures, nor shall it apply to bird houses for the keeping
of migrating or wild birds; and
• Be a minimum of twenty feet (20) from any street right-of-way; and
• Be located a minimum of ten feet (10) from rear and side lot lines; and
• Not be located in any front or side yard(s); and
• Be fully screened from public view in accordance with applicable Town
regulations.
(4) Nuisance. It shall be unlawful for any Person who owns, controls, has
custody of, keeps, maintains, or harbors Fowl to intentionally, knowingly or
recklessly cause, allow, or maintain property, including but not limited to
yards, pens, sheds, Coops, or other enclosures in which Fowl are
confined, in such a manner as to give off odors offensive to persons of
ORD 2016-17 Page 3 of 5
ordinary sensibilities residing in the vicinity; or in such condition as to
attract flies, mosquitoes or other noxious insects or rodents and/or the
breeding of flies, mosquitoes or other noxious insects or rodents; or in
any manner or condition that endangers the public health, safety or
welfare, or creates a public nuisance as defined herein or by state law; or
to cause or allow the encroachment of associated debris of any nature or
feces across any property line."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting animals and Animal Control 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 or pursuant 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 its application 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 this 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 Home Rule Charter of the Town.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person intentionally, knowingly or recklessly 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
ORD 2016-17 Page 4 of 5
be deemed committed upon each day during or on which a violation occurs or
continues. This remedy shall be cumulative of all other remedies allowed by law.
SECTION 7.
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.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 26th day
of April 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fimbr s, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
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