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HomeMy WebLinkAbout1001 05-23-1989ORDINANCE NO. 1001 AN ORDINANCE AMENDING SECTION 3-18, "RESTRICTIONS ON SIZE AND LOCATIONS OF AREA FOR KEEPING LIVESTOCK ", OF ARTICLE II, "ESTRAYS" OF CHAPTER 3, "ANIMALS AND RABIES CONTROL" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED, TO PROVIDE FOR INCREASED SIZE REQUIREMENTS FOR THE KEEPING OF LIVESTOCK WITHIN THE CITY; PROVIDING A PENALTY OF UP TO $1,000.00 PER DAY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, has determined that its current animal control ordinances do not make adequate provision of space for the keeping of livestock within the City, or for the protection of adjoining residents; and WHEREAS, the City Council finds that the following provisions will better serve the interests of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Euless, Texas: I. That Section 3 -48, "Restrictions on Size and Locations of Area for Keeping Livestock ", of Article II, "Estrays" of Chapter 3, "Animals and Rabies Control" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: Sec. 3-18. Restrictions on size and locations of area for keeping livestock. It shall be unlawful to keep and maintain any mule, donkey, mare, horse, colt, bull, cow, calf, sheep, goat, cattle or other livestock at a distance closer than one hundred (100) feet from any building located on adjoining property that is used for human habitation or within an enclosed area of less than one acre, (43,560 square feet) per animal. All such livestock shall be kept within enclosed areas, and a fence or fences of sufficient strength to contain such animals shall be provided to maintain the one hundred (100) foot separation required hereby. All premises upon which such livestock is kept or maintained shall be brought into compliance with the terms of this section on or before July 23, 1989. II. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25.00 nor more than $1,000.00 per day. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. ORDINANCE NO. 1001 Page 1 III. Saving Clause. That Chapter 3 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining 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 invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. N0, Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. PRESENTED AND PASSED on the first and final reading on the 23rd day of May , 1989, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of ) ayes, o_ nayes and 0 abstentions. ORDINANCE NO. 1001 APPROVED: 7c�'VD, , � Harold Samuels, Mayor Page 2