ORD 2014-37 - TabledTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-37
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING VARIOUS
SECTIONS OF ARTICLE I, ENTITLED "ANIMALS" OF CHAPTER II, ENTITLED
"ANIMAL CONTROL", OF THE CODE OF ORDINANCES, INCLUDING SECTION 1.01
ENTITLED "DEFINITIONS" SECTION 1.20 ENTITLED "LICENSES AND TAGS, AND
ADDING SUBSECTION "C" ENTITLED "FOWL" TO SECTION 1.21 AND AMENDING
THE TITLE OF SECTION 1.21 TO BE ENTITLED "SPECIAL REQUIREMENTS FOR
KEEPING MINIATURE PIGS, FERRETS AND FOWL"; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
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; AND PROVIDING AN EFFECTIVE DATE.
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 I, entitled "Animals" of Chapter 11, 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, 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 I of Chapter 11, of the
Code of Ordinances of the Town in order to regulate the keeping of Fowl within the corporate limits of the
Town; and
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 1, "Animals" of Chapter 11, "Animal Control' to add definitions to Section 1.01,
"Definitions", to amend Section 1.20, "Licenses and Tags", to amend the title of Section 1.21 so that it is
entitled "Special Requirements for Keeping Miniature Pigs, Ferrets, and Fowl'; and to add Subsection "C",
"Fowl" to Section 1.21 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
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 11, entitled "Animal
Control', is hereby amended so that the definition of "Animal', "Coop", "Fowl' and "Prohibited Animals"
shall be and read as follows in their entirety, with the remaining definitions not specifically amended
continuing in full force and effect:
ORD 2014-37 Page 1 of 5
"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.
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."
2.02. Section 1.20 entitled "Licenses and Tags" of Article I, entitled "Animals" of Chapter II,
entitled "Animal Control", is hereby repealed in its entirety, and a new Section 1.20 entitled
"License and Tags" is hereby adopted and shall be and read in its entirety as follows:
"Section 1.20 Licenses and Tags
A. License Required
The Owner or harborer of each dog or cat more than three (3) months old in the Town
shall Register the animal with the Town Manager or the Town Manager's duly authorized
representative and obtain a license for such animal from the Animal Control Department.
At the time of application for such license, the Owner shall present the current certificate
of Vaccination for each dog and cat and pay a onetime licensing fee for each animal; the
amount of which is to be designated on the Schedule of Fees of the Town.
B. Possession of UZ7
d Dog or Cat Prohibited
1. A person commits an offense if he possesses within the Town a dog or cat which has not
been licensed according to Section 1.20(A), above. The Owner of a dog or a cat shall,
upon request, show to the Law Enforcement Officer enforcing this Article the receipt for
such animal's Town registration. The failure or refusal of an Owner to produce to the Law
Enforcement Officer the receipt for such animal's Town Registration or a current license
tag shall constitute prima facie proof that such animal has not been licensed according to
the requirement contained in Section 1.20(A), above.
C. Issuance of Tags
Upon presentation of the Vaccination certificate and payment of the licensing fee, the
Town Manager or the Manager's duly authorized representative shall issue to the Owner a
license tag. The license tag and vaccination tag shall be affixed to a collar which shall be
attached to the neck of the dog or cat and worn by such animal at all times.
D. Lost or Destroyed Tags
In the event a license tag is lost or destroyed, a new tag shall be issued by the Town
Manager or the Manager's duly authorized representative upon presentation of a receipt
showing the payment of the initial license fee and upon the payment of a replacement fee,
the amount of which is to be designated on the Schedule of Fees. The replacement
license tag shall be valid only for the period of time that remained on the original license
receipt.
ORD 2014-37 Page 2 of 5
E. Failure to Obtain Licensing Tag
A person commits an offense if he intentionally, knowingly or recklessly owns or harbors a
dog or cat without a current licensing tag for the animal.
Defenses
It is a defense to prosecution that:
The dog or cat was younger than three (3) months of age; or
The Owner of the dog or cat h
days.
G. Transferability of Registration or Licensing
Town registration or licensing of a dog or cat i
iirty (30)
2.03. Section 1.21 entitled "Special Requirements for Keeping Miniature Pigs and Ferrets" of
Article I entitled "Animals" of Chapter II, entitled "Animal Control", is hereby amended so that the title of
Section 1.21 shall be entitled "Special Requirements for Keeping Miniature Pigs, Ferrets, and Fowl' and
so that subsection "C" entitled "Fowl' is added and shall be and read in its entirety as set forth below with
all provisions not expressly amended remaining in full force and effect.
"Section 1.21 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, leasedVshaawful
such Person within the corporate limits of the
Town of Trophy Club.
2. Roosters Prohibited. for any Person to keep, harbor, maintain, or
allow one (1) or more Rerty owned, leased or controlled by such Person
within the corporate limits of the Town of Trophy Club.
3. Coop Requirf— Permit Required for Maximum Size. A permit shall be required for
the construction of a Coop. Fowl shall be secured in a Coop at all times, in order to
provide safe and healthy living conditions for the animals and to minimize negative impact
on neighbors. It shall be unlawful for a Person to keep, harbor, maintain, or allow Fowl to
roam at large, whether upon property owned by the Person keeping, harboring or
maintaining the Fowl or upon the property owned by another Person. The maximum size
of a Coop shall be of one -hundred and twenty (120) square feet. The Coop shall be
enclosed on all sides, shall include a roof, and all openings shall be covered with predator
and bird proof wire. It is not required that the Coop contain any masonry materials.
ORD 2014-37 Page 3 of 5
4. Location and Other Requirements for Coops. A Coop shall comply with the following
requirements. A Coop shall:
• 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 yards; and
• Be fully screened from public view in accordance with applicable Town
regulations.
5. Nuisance - It shall be unlawful for any Person who owns, 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 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 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
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 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 by copying the exact Caption and Effective Date clause in the minutes of the Town Council of
the Town of Trophy Club and by filing this Ordinance in the Ordinance records 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 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.
ORD 2014-37 Page 4 of 5
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage and publication in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 25th day of
November, 2014.
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Cly
APPROVED AS TO FORM:
,,Ole N
Patricia A. Adams, T
Town of Trophy Club,
Texas
rney
ORD 2014-37 Page 5 of 5