HomeMy WebLinkAboutOrdinances (O-75-215)-12/16/1975
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ORDINANCE NO. 0-75-215
AN ORDINANCE DEFINING IILIVESTOCKII, IIRUNNING AT LARGEII,
AND IIPERSONII; MAKING IT UNLAWFUL TO ALLOW OR PERMIT
LIVESTOCK TO RUN AT LARGE WITHIN THE CITY; PROVIDING FOR
FENCE REQUIREMENTS; PROVIDING AREA REQUIREMENTS AND SANITARY
CONDITIONS; PROVIDING FOR STABLING AND GRAZING LIMITATIONS;
ESTABLISHING AN IMPOUNDING PROCEDURE AND FEE SCHEDULE;
PROVIDING FOR RECORDS, AND; PROVIDING FOR A PENALTY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COLLEYVILLE, TEXAS:
Section 1. Definitions
A. IILivestockll - the. term 1I1ivestockll as herein used shall be
defined to mean any horse, mule, jack or jennet, cow,
cattle, hog, sheep or goat or similar animal.
B. IIRunning at Largell - shall, for the purpose of this
ordinance mean any animal as described above that is off
the property of its owner, keeper, or person in charge
thereof and not under the immediate control of its owners,
keeper or owner's helper.
C. IIpersonll - shall mean any person, firm, or corporation,
their agents, servants and employees, partnerships and
societies including both singular and plural.
Section 2. Running at Large
It shall be unlawful for any person to allow or permit
livestock to run at large within the limits of the City of Co11eyvi11e.
Section 3. Fence Requirements
It shall be the responsibility of each and every person who
keeps livestock within the City limits of Co11eyvi11e to maintain
the proper type of fence to contain the livestock in question.
Special consideration shall be given concerning the size, type,
number and capability of the livestock.
Section 3.1 Electric Fence
A. All electric fence chargers shall be commercially
manufactured.
B. All electrically charged fences must be equipped with
warning signs reasonably visible to the public.
1-6-7e. hESCINDF;D
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Section 4. Area Requirements
The following shall be the minimum area per livestock in
residential areas:
A. 15,000 square feet per grazing livestock.
The grazing limits herein stated may include the structures
used to house the animals.
Section 5. Sanitary Conditions
As stipulated in Ordinance No. 0-75-3 adopted May 11, 1971
Section 6. Health Requirements
A. Anyone keeping livestock within the City of Colleyville
must comply with all prevailing State and Federal Health
Requirements.
Section 7. Stabling and Grazing
It shall be unlawful for any person to allow any livestock
to graze upon or within reach of any public street, park, or
sidewalk within the City limits.
Section 8. Impounding
It shall be the duty of the Chief of Police or his agent to
take up or cause to be taken up any animal running at large within
the City limits. These animals shall be impounded in a suitable
place provided for that purpose.
Section 9. Reclaiming Before Sale
The owner, after showing satisfactory proof of ownership may
reclaim the impounded animal at any time before sale during working
hours by paying the impoundment fee and all fees for maintaining
said animal (s).
Section 10. Notice and Sale
Within three (3) days after impoundment, the Chief of Police
shall cause to be published in the official newspaper a notice of
the impoundment and impending auction and post a copy of said notice
at the City Hall and another copy at the location where the sale
is to be held stating:
A. A full description of the animal so impbunded; and
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B. The time, date and place of auction
The date of sale shall be not less than ten (10) days from
the posting date. The impounded animal shall be sold to the
highest bidder at a sale price at least equal the amount expended
in the capture and upkeep of said animal. The Chief of Police
or his agent shall conduct the auction.
Section 11. Records
The Chief of Police shall be accountable to the City Secretary
for all fees collected as herein stated, along with the name of the
owner and purchaser, if involved, and their respective addresses.
Section 12. Penalty
Any person in violation of this ordinance shall be deemed
guilty of misdemeanor and upon conviction shall be liable to a
fine as follows:
First Conviction: Minimum of Ten Dollars ($10.00) up to but
not exceeding Two Hundred Dollars ($200.00)
Second Conviction: Minimum of Twenty-five Dollars ($25.00)
and up to but not exceeding Two Hundred
Dollars ($200.00)
Consecutive Convictions: Minimum of Fifty Dollars ($50.00)
and up to but not exceeding Two
Hundred Dollars ($200.00)
Each day that the violation exists shall be deemed a separate and
complete offense.
Section 13. Effective Date
This Ordinance shall become effective and be in full force and
effect from and after the date of its passage and adoption by the
City Council and upon the approval thereof by the Mayor of the City
of Co11eyvi11e, Texas, and publication hereof as prescribed by law.
PASSED AND ADOPTED by the City Council of the City of Co11eyvi11e,
Texas, this the It? 1/,' day of ~I'~~b/J./ , 1975.
APPROVED:
----
JOHN A. ANDREWS, Mayor
ATTEST:
City Secretary
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CITY O.
~OLLEYVILLE
P.O. BOX 185 COLLEVVILLE, TEXAS 76034 (817) 281-4044
January 2, 1976
City Council
City of Colleyville
Gentlemen:
I return herewith Ordinance 0-75-215 "Livestock Control
Ordinance" unsigned and without approval for the following
reasons:
I.
The general form of the ordinance is formulated without
adequate study of the livestock problem and without a thorough
knowledge of the care and control of livestock in general.
II.
The fence section is drawn with some attempt to specify fence
types and grades of fences generally in Paragraph 3 and then
goes into detail concerning electric fence charger s and warning
signs. If the intent is to prohibit normal live (AC) voltages on
fences then the ordinance should so state. Warning signs are
not necessary for commercial fence chargers.
III.
Area requirements are covered in prior ordinances.
IV.
Federal & State health requirements are superior to local re-
quirements and therefore local requirements are unnecessary.
Continued. . .
City Council
January 2, 1976
Pag e 2
V OLlJME
JIfpAGE 3~
V.
Livestock under fence or tethered on private property will be
unable to graze on public right-of-ways except through fences
or at the end of a tether.
VI.
The impoundment and disposal sections raise serious questions
of liability for the City as to the health and welfare of the animals;
and, if a third party is involved, insuring his responsibility for
care, transportation and custody. In my opinion this is a much
larger liability than I believe the City should assume now. There
are no provisions for fixed charges, for custody and care of the
animals.
Lastly, gentlemen, I feel compelled to remind each of you that
our City was founded--and people have moved here--because of
the open spaces, relaxed atmosphere, country climate where]
they could raise their children and have a horse for them, raise
a few cattle, plant and raise their own gardens and, in general,
get away from the hustle and bustle of suburbia. Colleyville is
still almost two-thirds agricultural land and those of us who raise
horses and cattle do not take our responsibilities lightly. We
understand that when our neighborts stock gets loose, we are
responsible as good neighbors to help retrieve or to pen them
until the owner can recover - -for we realize that sometime later
we may be faced with the same problem.
We should promote a "help one another't attitude instead of creating
a vehicle whereby the City can fine severly someone for his stock
being loose.
For all these reasons, I return Ordinance 0-75-215 for your re-
consideration.
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