HomeMy Public PortalAboutOrdinance No. 1198-11 06-01-2011CITY OF RICHLAND HILLS ORDINANCE NO.ll98-11
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS,
AMENDING CHAPTER 6 OF THE CITY CODE, THE CITY'S ANIMAL
CONTROL ORDINANCE, TO REGULATE THE NUMBER OF CHICKENS
THAT MAY BE KEPT IN THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILTT'Y CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City has not heretofore established regulations regarding the keeping of
birds within the City; and
WHEREAS, recent events have established the need to regulate the number of chickens
which may be kept, and the conditions under which such can occur;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 6-1 TO AMEND VARIOUS
DEFINITIONS RELATING TO THE KEEPING OF CHICKENS
Section 6-1 of Article I of Chapter b of the Richland Hills City Code is hereby amended by
adding the following definitions, to provide as follows:
Hen means a female chicken.
Rooster means a male chicken.
The remainder of Section 6-1 shall remain unchanged.
SECTION 2.
EXPANSION OF ARTICLE VII TO INCLUDE REGULATION OF CHICKENS
The title of Article VII of Chapter 6 of the Richland Hills City Code is hereby amended to
"Livestock and Fowl and other Birds" in order to add regulations relating to the keeping of birds,
specifically chickens. The regulations contained in Article VII shall remain unchanged except for
the additions referenced below.
SECTION 3.
ADDITION OF SECTION 6-278 TO ADD REGULATIONS
RELATING TO THE KEEPING OF CHICKENS
Section 6-278 of Article VII of Chapter 6 of the Richland Hills City Code is hereby added,
such new section to provide as follows:
Section b-278. Chickens.
The keeping of chickens on any lot or tract within the corporate limits of the
City shall be unlawful except as follows the occupant(s) of a residentially zoned lot
or tract may keep or possess on such property no more than the following:
(1) fifteen (15) hens and no rooster; or
(2) fourteen (14) hens and one (1) rooster.
Under no circumstances may a person possess no more than one (1) rooster.
SECTION 4.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the rem tag phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 6.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City aze expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated herein which have acezued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil arld criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 7.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required by law.
SECTION 8.
PUBLICATION IN BOOK OR PAMPHLET F(?RM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 9.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with orwho resists the enforcement of any of the provisions of this Ordinance shall be fined no more
than'I~vo Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day
that a violation is permitted to exist shall Constitute a separate offense.
SECTION 10.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
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PASSED AND APPROVED ON THIS
ATTEST:
\tc-
EFFECTIVE DATE:-v--v..sLA 1 c,c1,k
A OF 't--" 2011.
ONORABLE DAVID L. GAN, MAYOR
TIM G. SRALLA, CITY ATTORNEY
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