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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." ORD 2016-17 Page 2 of 5 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 TR 0 0 9,L [SEAL] OF ORD 2016-17 Page 5 of 5