ANIMAL ORDINANCE

 AN ORDINANCE REGULATING AND RESTRICTING THE KEEPING OF LIVESTOCK, PROHIBITING LIVESTOCK FROM RUNNING AT LARGE, REGULATING CONTROL OF ANIMALS, DEFINING CERTAIN TERMS, REPEALING ALL ORDINANCES PARTS OF ORDINANCES OR AMENDMENTS TO SAID ORDINANCES IN CONFLICT WITH THE TERMS AND CONDITIONS HEREIN, PROVIDING A PENALTY CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND NAMING AN EFFECTIVE DATE.

WHEREAS, it is deemed in the public interest to provide for regulation, and restriction of the keeping of large and medium livestock within the city limits; and

WHEREAS, reasonable consideration should be given to the character of land use, and lot sizes within the city when establishing these regulations and restrictions;

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT ENTERPRISE TEXAS:

ARTICLE 1

SECTION 1.01 DEFINITIONS

The following definitions shall apply in the interpretation, and enforcement of this ordinance:

A.              Livestock shall mean animals kept or raised for use or pleasure.

B.              Large Livestock shall include but not be limited to horses, cattle, mules and jacks.

C.              Medium Livestock shall include but not be limited to sheep, goats, swine, emus, and ostriches.

D.              Owner shall mean any person, firm, or corporation owning or controlling any Large or Medium Livestock.

E.              Dog – A domestic canine of either sex, including one neutered or sterilized.

F.              Cat – A domestic feline of either sex, including one neutered or sterilized.

G.             Owner – A person who has right of property in an animal or who harbors any animal or allows an animal to remain about his premises for a period of three (3) days.

H.              Pet Animal – Shall include dogs, cats, rabbits, rodents, birds, reptiles, and other species of animal which is sold or retained as a household pet but shall not include any species of wild, exotic or carnivorous animal that may be further restricted in this article.

ARTICLE II

SECTION 2.01 REGULATIONS AND RESTRICTIONS FOR THE KEEPING OF LARGE AND MEDIUM LIVESTOCK

A.              It shall be unlawful for any Owner to keep on premises under his control within the city limits any Large or Medium Livestock unless such premises contain a minimum of one acre of land, and a minimum of one third (1/3) of that acre is set aside for the exclusive use of that Livestock.

B.              It shall be unlawful for any Owner to keep on premises under his control within the city limits more than two Large Livestock and one immature Livestock, under six (6) months of age. If a combination of Large and Medium Livestock are kept, for purposes of this Section, two Medium Livestock shall equal one Large Livestock.

C.              It shall be unlawful for the keeper or Owner of any Large or Medium Livestock to allow to accumulate any quantity of manure, litter of filth incident to the maintenance of such animal which becomes the source of offensive odors or a breeding place for flies and/or other insects or vermin.

D.              Additional Large and Medium Livestock may be kept on tracts of land greater than one acre in size subject to provisions of Part C of this Section.

ARTICLE III

SECTION 3.01        PROHIBITION OF ALLOWING LARGE OR MEDIUM LIVESTOCK

TO RUN AT LARGE

It shall be unlawful for any person owning or controlling Large or Medium Livestock to permit such Livestock to run at large.  No Large or Medium Livestock shall be permitted to be upon any public street, alley or in any public place or upon the realty or premises of another person within the city. The finding or presence of any such Livestock in any public street, alley or road or any such public place or upon the realty of premises of another person within the city shall be prima facie evidence that the owner of such Livestock knowingly permitted the same to be in or upon such place or location at such time.

SECTION 3.02        DOGS RUNNING AT LARGE

A.              Shall pertain to a dog off the premises of the owner and not under the physical control of the owner or his authorized representative. An animal intruding upon the property of another person other than the owner shall be termed “running at large”. An animal within an automobile or other vehicle of its owner shall not be deemed as “running at large”.

B.              It shall be unlawful for any dog, owned, kept or harbored to run at large. The police or animal control officer shall have the authority to impound such animals running at large. They shall furthermore be enabled by this article to enter onto privately owned property in pursuit of an animal at large so long as in doing so they do not violate a property owners posted or no-trespassing notice.

ARTICLE IV

SECTION 4.01        GENERAL CARE OF ANIMALS

A.              Cruelty to Animals – It shall be unlawful for any person to torture, cruelty beat, starve or otherwise treat any animal in a cruel or inhumane manner.

ARTICLE V

SECTION 5.01        LIMITATIONS ON NUMBER

A.              It shall be unlawful for any person to keep or have in his custody, possession or control within the city more than two (2) swine.

B.              Other exemptions shall include official validations by youth organizations for animals used in youth projects of short duration.

ARTICLE VI

SECTION 6.01        DISEASED ANIMALS AND FOWL

A.              It shall be unlawful for any person to have or keep any animal or fowl infected with a disease which may contaminate other animals or fowl or which may constitute a health hazard.

ARTICLE VII

SECTION 7.01        MAINTENANCE AND PEN ENCLOSURES

A.              All pens and enclosures wherein farm livestock, chickens, turkeys, geese, guineas, dogs, cats or other animals are kept shall be maintained and kept in such a manner as not to become unsanitary or offensive to persons residing in the vicinity thereof and so as not to breed flies or in any manner cause any injury to the health of the public residing in the vicinity of the pen or enclosure.

B.              The determination that such a pen or enclosure is unsanitary or offensive to such persons; that such pen or enclosure is being maintained or kept so as to breed flies; or that such a pen or enclosure is maintained in any manner as to cause any injury to the health of the public residing in the vicinity of the pen or enclosure, shall be made by the city humane officer, or the city manage or his authorized representative. Such determination shall be prima facie evidence of violation of this section.

ARTICLE VIII

SECTION 8.01        PUBLIC NUISANCE

It shall be unlawful for any owner to harbor any dog, cat or other pet animal which by any sound or cry or other activity shall disturb the peace, comfort, or property of the inhabitants of the neighborhood. Such disturbance is hereby declared to be a public nuisance and a violation of this article.

ARTICLE VIIII

SECTION 9.01        VICIOUS ANIMALS

Generally: No person shall own or harbor a vicious animal within the City of Mount Enterprise. Such animal shall be impounded as a public nuisance. If impoundment of said animal running at large cannot be made with safety to the animal control or other persons, the animal may be destroyed without notice to the owner or harborer.

ARTICLE X

SECTION 10.01      ENFORCEMENT

The mayor shall appoint an employee to carry out the provisions of this ordinance, who shall have the right to enter upon any premises within the city at any reasonable time for the purpose of any inspection necessary to ensure that the provisions of this ordinance are being complied with.

ARTICLE XI

SECTION 11.01      PENALTIES

In the event that the owner, keeper or other person as advised fails to comply with notification by certified mail return receipt requested, within the period specified, the mayor or his designated representative will file a complaint in Municipal Court against the owner, for violating this ordinance.

Passed this the 22^nd day of July, 2004.

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Harvey Graves, Mayor Pro-Tem                      

Attest:

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Kim Vaughn, City Secretary