The URL can be used to link to this page

Home My Public Portal AboutOrdinance 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. ORDINANCE ADDING ANII1~lAI. CONTROI. REGULAT'ION3 OF BIRDS Page 2 W:~Richland HiIIs~Ordinance~Fowl or Poultry Animal Control Ordinance.tgs.6.1.1 i.wpd 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. ORDINANCE ADDING ANIMAL CONTROL REGULATIONS OF BIRDS Page 3 W:~Itichland HillslardinancelFowl or Poultry Animal Control Ordinance.tgs.6.l.1 l.wpd 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 ORDINANCE ADDING ANIMAL CONTROL REGULATIONS OF BIRDS Page 4 WARichland Hills\Ordinance\Fowl or Poultry Animal Control Ordinance.tgs.6.1.11.wpd