HomeMy WebLinkAboutOrdinance No. 2010-1847
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2010-1847
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 5, ANIMAL
CONTROL, SECTION 5-1 PROVIDING FOR THE DEFINITION OF
SONGBIRD; SECTION 5-19 PROVIDING FOR A FENCING
REQUIREMENT FOR LIVESTOCK; PROVIDING FOR REGULATIONS
FOR THE FEEDING OF SONGBIRDS, HUMMINGBIRDS AND DUCKS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the regulating of animals within the City is necessary in order to protect the
health, safety and welfare of humans and other animals; and
WHEREAS, Chapter 5 of the Code of Ordinances provides for such regulations; and
WHEREAS, after review of Chapter 5, it is determined that said regulations should be
updated and amended; and
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to add a definition of "Songbird", to define the
fencing requirements for livestock, and to regulate the feeding of songbirds and hummingbirds.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 5, entitled "Animal Control", which shall read as
follows:
Chapter 5
ANIMAL CONTROL
Sec. 5-1. Definitions.
Shelter.....
"Songbird shall mean any bird that, by species standard is less than 1 pound as an adult
and utters a succession of musical tones."
Temporary basis....
By deleting the language in Section 5-19 and including the following:
"Sec. 5-19. Fencing Requirements.
(a) Any dog, cat, rabbit or ferret kept outdoors for more than 3 hours in a 24
hour period, must be kept inside fencing which is at least four feet in
height and constructed of wood, vinyl or no less than 14 gauge chain link
material, with openings no wider than four inches. The fencing must be
in good repair and shall prevent the animal from being at large. Escape
from said fencing shall be prima facie evidence that said fence does not
comply with the forgoing requirements.
(b) Livestock must be kept inside an enclosure constructed of agricultural
fencing materials, common to the industry standard, which is at least four
feet in height with openings of no more than 1 foot in height and 16 feet
in length. The fencing must be in good repair and shall prevent the
livestock from being at large. Livestock escaping from said fencing shall
be prima facie evidence that said fence does not comply with the
forgoing requirements."
By deleting the language in Section 5-24 and including the following:
"Section 5-24. Feeding of Wildlife
(a) It shall be unlawful for any person to intentionally or knowingly place or put out
food for any animal but not to include domesticated animals, songbirds or hummingbirds.
(b) Feeding of songbirds and hummingbirds shall be permitted outdoors at such times
and in such numbers that:
(1) Such feeding does not create an unreasonable disturbance that affects the
reasonable use and enjoyment of surrounding properties.
(2) Does not create an accumulation of droppings on the property or
surrounding properties.
(3) Does not become an attractant for rodents or other wild animals.
(4) Bird food is provided via a bird feeder which is placed at least (5) feet
above the ground."
(c) Feeding of ducks shall be permitted only in city parks where authorized.
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 1st day of March, 2010.
AMc ou ,Mayor
ATTEST:
ki - a4~
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Christie Wilson, City Secretary
APPROVED AS TO FORM:
le f Moore, ty Attorney