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Home My WebLink About029297 ORD - 12/06/2011Ordinance amending the Code of Ordinances, Section 6 -154, --entitled "Keeping of any livestock or fowl," by revising the section to allow the keeping of urban chickens; providing for severance; providing for penalties; and providing for publication. WHEREAS, the keeping of domestic fowl, commonly known as chickens, in an urban environment provides tangible benefits for citizens and their families; and WHEREAS, the City Council has determined that this amendment will best serve the public health, safety, and welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 6 "Animal Care and Control," Article VI "Care and Keeping of Animals, Section 6-154, entitled "Keeping of any livestock or fowl," is amended by revising the language to allow the keeping of urban domestic fowl (chickens) under certain conditions and read as follows: * "Sec. 6-154. Keeping of any livestock or fowl. "(a) The keeping on any premises in the city, within any zoning district other than an IL Light Industrial or 1H Heavy Industrial District (formerly, 1-2 Light Industrial or 1-3 Heavy Industrial Districtl, of any fowl or livestock not prohibited by section 6-153, is prohibited unless: "(1) The pens, stalls, or other facilities for keeping the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, are located so that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. "(2) The pens, stalls, or other facilities for keeping the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, are located so that the livestock or fowl cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any property line that abuts an existing residence. EHord348 Urban Chickens 20111101 Page 1 of 4 029297 INDEXED "(b) The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, er-to urban domestic fowl (commonly known as chickens) kept in conformity with the provisions of subsection (c) of this section, or to species of birds other than poultry. "(c) Urban domestic fowl. Domestic fowl may be kept in a residential zoning district so long as the ownerLtenant, or person in control of the premises ("keeper") where the fowl are kept complies with the following conditions at all times: "(1) The number of fowl kept on the premises cannot exceed seven (7); "(2) The fowl are kept or used for eqq production purposes only, with consumption of the eggs by the keeper or persons in the keeper's household; "(3) No profit or business may be derived from the keeping or use of the fowl or eggs by the keeper; "(4) The wings of the fowl must be kept clipped to prevent flight; "(5) The fowl must be provided with a hen house ("coop") located in the backyard area of the premises, and the dimensions of the coop must not exceed five (5) foot width by five (5) foot height by five (5) foot length; "(6) The coop must be completely surrounded by a six-foot (6') high secure and substantial fenced enclosure ("chicken pen") that provides adequate space for the fowl to roam, does not exceed a maximum dimensional size of 20 x 20 linear feet, and in which the fowl are kept at all times, in the event the keeper's premises has an existing secure and substantial enclosure completely surrounding the portion of the keeper's backyard area where the fowl will be kept, such as a six-foot (6') high property fence or wall, the requirement to have a chicken pen is waived so long as the size of the enclosure provides adequate space for the fowl to roam and the fowl are kept in the enclosure at all times; "(7) The chicken pen may not be located closer than twenty-five (25) feet to any existing dwelling or business building owned, used, or maintained by any person other than the keeper; "(8) The keeper must maintain the fowl, coop, chicken pen, and enclosed yard area, if any, in a manner that prevents odor, health, and sanitation problems; EHord348 Urban Chickens 20111101 Page 2 of 4 "(9) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately reported by the keeper to the local health authority and to the Animal Control Division; and "(10) Roosters may not be present or kept on the premises. "(d) The keeping of urban domestic fowl in conformity with this chapter may not be construed to constitute a violation of any zoning law or provision. "(-01p1 Buildings and structures used to keep animals within an IL Light Industrial or IH Heavy Industrial District (formerly, 1-2 Light Industrial or 1-3 Heavy Industrial District of the zoning ordinances, respectively) must meet the set back requirements in section 20 5.04 or 21 6.04 of the zoning ordinances the Unified Development Code, as applicable in the appropriate district and as each section may be amended." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. A violation of this ordinance constitutes an offense, punishable as provided in Sections 1-6 and 1-6A of the City's Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance is effective upon and after publication. EHord348 Urban Chickens 20111101 Page 3 of 4 The foregoing ordinance was read for the first time and passed to its second reading on this the (51 -7-- day of N , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal a6-4eAL=11- David Loeb John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed finally on this the (1244"- day of ece --6-e , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal ao)t Cue_ ()Alt David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED this the 11% -day of OraC'em-- � 2011. ATTEST: (a)1/v‘-c-QI-elicu— Armando Chapa Jo dame City Secretary Mayor APPROVED as to form: Eliz. se h R. Hundley Assi - nt City Attorney for the City Attorney EHord348 Urban Chickens 20111101 029297 arcacTive DATE 1412411 Page 4 of 4 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 5983683 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PAS SAGE OF ORD. NO. 029297 Am which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/12/2011, 12/12/2011. $ 76.38 LEGAL SALES REPRESENTIVE 1Time(s) On this day of 1J1C1 , 2,D[2 I certify that the attached document is a true and an exact copy mad y publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Notary Public, State of Texas J': 4E » December ,2011 » CALLER -TIMES Lewd Notices 1110 NOTICE OF PAS- SAGE OF ORD. NO. 029297 s; Amending the. Code of Ordinances, Sec- tion 6-154, entitled "Keeping;; of any live- stock -.or ive-stock or. fowl," by revising the section to allow:: the keeping of urban chickens; and -providing for penalties. This ord was passed & ap- proved on Dec. 6, 2011 /s/Aimando Chapa City Secretary