HomeMy WebLinkAboutOrdinance - 2015-O0044 - Amending Chapter 4 - Chickens - 05/14/2015First Reading
April 23, 2015
Item No. 6.8
ORDINANCE NO. 2015-00044
Second Reading
May 14, 2015
Item No. 5.31
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES,
CITY OF LUBBOCK, ENTITLED "ANIMALS" BY AMENDING SECTION 4.07.001;
"KEEPING OF OTHER ANIMALS; NUISANCE CONDITIONS" TO ALLOW FOR THE
KEEPING OF CHICKEN HENS SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the citizens of the City of Lubbock to protect their health, safety, and welfare to
make the following amendments to Chapter 4 of the Code of Ordinances with regard to
permitting the keeping of chicken hens under certain circumstances; and
WHEREAS, the City Council hereby exercises its authority under Article 11, Section
5, of the Texas Constitution as a home rule city to enact regulations not inconsistent with the
general laws of the State of Texas in the interest of the health, safety and welfare of the
citizens of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 4.07.001 of the Code of Ordinances of the City of
Lubbock, Texas is hereby amended to read as follows:
(a) No person shall engage in keeping livestock within the corporate limits of the
city, except in conformance with and only to the extent so permitted by this
section and the zoning ordinances of the city.
(b) Except as provided by this section, six (6) chicken hens may be permitted in an
R-1 or R-2 zoned residence with the following requirements:
(1) The keeping of any chicken hens(s) shall be considered an accessory
use to the main building or structure of any property.
(2) Any and all chicken hens so kept shall remain confined in an
enclosure to prevent their running at large.
(3) Any such above-described enclosure shall be kept in the rear yard.
(4) Any such above-described enclosure that is less than 200 square feet
shall maintain a minimum five (5) foot setback from a side or rear
property line. Any such above-described enclosure that is more than
two -hundred (200) square feet shall be subject to all setback
requirements in Chapter 40 of this Code of Ordinances.
(5) Any and all enclosures or other such shelters provided for said
permitted chicken hens shall be of a size sufficient to be conducive
to good sanitation, and shall provide adequate and sanitary drainage
for the enclosure or shelter.
(6) All litter and droppings resulting from the keeping of permitted
chicken hens shall be collected daily in a container or receptacle of
such a type that when closed is rat proof and fly tight and said
container or receptacle shall remain closed after collection of litter or
droppings. Any such litter and droppings so collected shall be
disposed of at a minimum of once daily in a manner that complies
with all provisions of this code of ordinances and in such a way as
not to permit fly breeding or any other unsanitary condition.
(7) All feed provided for any such permitted chicken hens shall be stored
and kept in a rodent and wildlife proof and fly tight receptacle.
(8) Roosters are not permitted.
(9) No keeping of any hen(s) or associated use(s) shall otherwise be
permitted which is or would reasonably be injurious to the
neighborhood residents or which would interfere with the reasonable
use and enjoyment of their property by reason of the emission of
dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or
by reason of any condition which would amount to a public nuisance
at common law.
(c) Any persons desiring to keep more than six (6) chicken hens at one residence
must apply with the director of animal services for a multipet permit in
accordance with Section 4.01.003 of this Chapter. Such persons so applying
for a multipet permit must comply with all conditions and have all the rights of
appeal as set forth in Section 4.01.003 of this Chapter. In addition, such
persons shall comply with all the conditions of section 40.03.204(l 1) of the
zoning ordinances of the city and any and all other applicable provisions of the
zoning ordinances of the city. If a person obtains a multipet permit, such
permitted chicken hens shall be maintained in compliance with all conditions
set forth in subsection (b) of this section.
(d) The keeping or causing to be kept any livestock, chickens, geese, ducks,
guineas, pigeons, rabbits or any other such animals in those areas appropriately
permitted by this section or the zoning ordinances of the city in pens or
enclosed areas in such a manner as to become offensive to other persons living
nearby is hereby declared to be a nuisance.
(e) It shall be unlawful for any person to park or leave standing any truck, trailer,
or other vehicle that has been used for the hauling of livestock, animals or fowl
in a residential area of the city when notified by a city enforcement officer that
such vehicle is creating a nuisance due to odors, gases or fumes. Upon such
notification, the owner, operator, driver or other person responsible for such
vehicle shall move such vehicle to a location outside of any residential area of
the city.
(f) All manure and other excrement shall be disposed of in such a manner as to
prevent it from becoming offensive to other persons living nearby. It shall be
unlawful for any person to transport slop, garbage or other refuse over any
alley, street or highway within the corporate limits of the city for the purpose
of feeding hogs or swine within the city.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with Section 1.01.004 of the Code of Ordinances of
the City of Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on April 23, 2015
Passed by the City Council on second reading on May 14, 2015
GL MAYOR
ATTEST:
g)'&� "k
Reb fcca Garza, City Secret)
ecre try
of Animal Services
APPROVED ALS.T.Q FORM:
Amy S s, eput Attorney
Ord.animal-chicken 4.24.15