HomeMy WebLinkAboutOrdinance - 593-1938 - Prohibiting Keeping Livestock Within Certain Areas Within City Of Lubbock - 06/23/1938OLP-23-1938
ORDINANCE NO, 593
AN ORDINANCE PROHIBITING THE KBirMG OF LIVESTOCK WITHIN CERa~ ·~J.Eis-,lwf~~ THE
llrY OF LUBBOCK, TEXAS, DESIGNATING SAID AREAS AS ZONES 1, 2 AND 3 AND NAMING THE BOUNDARIES
)F EACH ZONE, DEFINING THE TERM "LIVESTOCK", FIXING A PENALTY FOR THE VIOLATION OP THE PROVISIONS
)F THIS ORDINANCE, MAKING IT .l SEPARATE OFFENSE FOR EACH DAY LIVESTOCK IS KEPT Wl'IHIN SAID ZONES
lN VaiOLATION OF THIS ORDINANCE, AND RI!EALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
lEREWITH.
WHEREAS, the City Commission of the City of Lubbock, did by Resolution duly passed at
L regular meeting held in the City Hall of said City on the 26th day of May, 1938, and by the
:erma of said Resolution, the most densely and thickly populated areas of said City were 4ivided
.nto three zones, said zones being designated as Zones 1, 2 and 3, the boundaries of each zone
•eing set out in said Resolution; and
WHEREAS, an election was ordered to be held within each of said Zones, and the notice
•f said election was duly published on t~i 29th day of May, 1938 1 in a Newspaper published within
:he City of Lubbock; and
WHEREAS, at said election there was submitted to the voters in each of said Zones 1, 2
md 3, the question of whether or not the qualified voters living in said zones were for or against
:he keeping of Livestock within each of said zones, the form of ballot being as follows:
"For the keeping of Livestock within Zone No.
Against the keeping of Livestock within Zone No. ";, and
WHEREAS, at said election a large majority of the qualified voters voting in said
:lection voted against the keeping of Livestock within each of said zones; and
WHEREAS, the City Commission has caused a check to be made of the number of Livestock
tow kept in said Zones 1,2 and 3 and found that there are within the area included within said
:ones 1, 2 and 3, 910 bead of cows, 48 head of horses and mules, 30 head of goats and 21 bead
•f 1heejl; and
WHEREAS, The area within said Zones 1, 2 and 3 are contained the principal business
tnd residential areas of the City of Lubbock, wherein a large majority of the 30,000 inhabitants,
:onstituting the population of the City of Lubbock, reside and have their homes and places of
•usiness; and
WHEREAS, such a large number of Livestock located and kept within said Zones 1, 2 and 3
tecessitates the establishment and maintenance by the owners of said Livestock of barns, lots,
,ens,saables and stalls within which to keep said Livestock; and
WHEREAS, the keeping and maintaining of such a large number of pens, lots, barns,
.tables and stalls for such Livestock within the boundaries of said Zones 1, 2 and 3, has created
~ great number of prolific brea41ng places for house-flies, maggots and other harmful insects and
1acteria and filth, which has greatly increased the number of house-flies, maggots and other harmful
.nsects and bacteria and filth within said Zones 1, 2 and 3; and
WHEREAS, the keeping and maintaining within said Zones 1, 2 and 3 of such a large number
,f barns, lots, pens, stables and stalls, and the keeping and maintaining in said barns, lots,
•ens, stables and stalls, of hundreds of hea4 of "Livestock" as that term is hereinafter defined,
tas created a large amount of filth and bas polluted the air within said Zones 1, 2 and 3, thereby
:reating unwholesome, unhealthful, annoying, offensive and intolerable odors that are obnoxious
.o the sense of smell, and has created a hazard that is detrimental to the public heatth and
:specially to the inhabitants residing in said Zones 1, 2 and 3, and is harmful and injurious to
he health of said inhabitants and interrupts and interfere with the rights of said inhabitants
n said zones in the quiet peacable and pleasant enjoyment of their homes and property; and
WHEREAS, the noise made by the large number of Livestock now kept within said Zones
L, 2 and 3 by lowing, braying, nicker.ing-and-bla~ing-dtsturbs-,-interrupts-and prevents-the---------
lnhabitants residing within said Zones 1, 2 and 3 from enjoying the peaei and quiet of the ir
1omes, to which each are entitled under the Laws and Constitution of the State of Texas, and in
oany instances distarbs said inhabitants in their sleep and rest, which taken into consideaation
lith all of the above recited facts, has created an unsanitary condition within said Zones 1, 2
and 3 that endangers the public health of the inhabitants residing within said Zones 1, 2 and 3,
and created a grave condition, jeopardizing the public health, which makes it ~perative that the
~ity Commission of the City of Lubbock pass an Ordinance prohibiting the keeping of livestock
1ithin the areas of said Zones 1, 2 and 3.
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS:
Section 1.
The term "Livestock" as used in this Ordinance shall mean and include cows, horses,
oules, jacks, jennies, goats, and sheep.
Section 2.
There is hereby created three zones within the corporate limits of the City of Lubbock,
rexas, in which it shall be unlawful for any person, firm, association, co-partnership or corporatio
:o keep Livestock as that term is herein defined.
Zone No. 1 shall and is hereby declared to include all that area within the following
)Oundaries, viz:
BEGINNING at the NW corner of Carl Roberds Subdivision;
THENCE South along Avenue Q to the SW corner of Block 31, McCrummen's Second Addition;
THENCE East to the SE corner of Block 1, of J.W. Ellison Addition;
THENCE North along Avenue H to the NE corner of Block 40 of the O~inal Town of Lubbock;
THENCE West along Sixth Street to the place of beginning.
Zone No. 2 shall and is hereby declared to include all that area within the following
)Oundaries, viz:
BEGINNING at the NW corner of Block 131 Overton Addition;
THENCE East along 6th Street across Avenue Q to the NW corner of Carl Roberds Subdivision;
THENCE south along Avenue Q to 19th Street;
THENCE west along 19th Street to College Avenue;
THENCE North along College Avenue to the place of beginning.
Zone No. 3 shall and is hereby declared to include all that area within the following
)Oundaries, viz:
BEGINNING at the NW corner of Block 8, Uni~ersity Place, an Addition to the City of
Lubbock; ~
THENCE East along the south line of 19th Street to Avenue Q;
THENCE South along Avenue Q to 34th Street;
THENCE West along 34th Street to College Avenue;
THENCE North along College Avenue to the SE corner of Block 1, Del Mar Annex Addition
co the City of Lubbock;
THENCE West along the south boundary line of Del Mar Annex to the SW corner of Block 2
,f Del Mar Annex;
THENCE North to 26th Street}
THENCE West along the south Boundary line of Del Mar Addition to the SW corner of Block 5
)f said Del Mar Addition;
THENCE North along the western boundary l'ne of Del Mar Addition and the Ellwood Place
:o a point in the east stde of Monroe Street, which point is the NW corner of Block 31, Ellwood
~lace Addition;
THENCE We8t across Monroe Street to the SE corner of Lot 1 in Block 4, University Place ;
THENCE West along the southern boundary line of the University Place to the SW corner
>f Lot 12 in Block 5 of University Place;
THENCE North along Van Buren Avenue to the place of beginning.
Section 3.
Any person, firm, assoication, co-partnership or corporation, violating or causing
:o be violat'd any term or provision of this Ordinance shall be deemed guilty of a misdemeanor,
Lnd upon caviction shall be punished by fine of not less than $10 .00 nor more than $100.00.
Section 4.
East and every day "Livestock",. as that term is hereto defined, is kept or permitted
:o be kept within said Zones 1, 2 and 3, shall be and constitute a separate offense.
Section 5.
All Ordinances and parts of Ordinances in con f lict with this Ordinance are hereby
~epealed and this Ordinance shall be in full force and effect from and after the 15th day of
~ugust, A.D. 1938, and it is so ordered.
PASSED AND APPROVED first reading on this the 23rd day of June, 1938 •
• ASSED AND APPROVED Second and final reading, this the 14th day of July, A.D. 1938.
Is/ c. E. Slaton
Mayor
lttest;
's/ Lavenia Williams
!ity Secretary