O664ORDINANCE NO. 664
AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 3
"ANIMALS" OF THE KENNEDALE CITY CODE TO ADD DEFINITIONS
FOR LIVESTOCK, FOWL AND SWINE AND ADD REGULATIONS
REGARDING THE KEEPING OF CERTAIN FOWL, LIVESTOCK AND
POTBELLIED PIGS WITHIN THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City of Kennedale desires to adopt regulations regarding the
keeping and maintaining of certain fowl, livestock and pot-bellied pigs within the City
limits of Kennedale;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
Section 3-1 "Definitions" of Article I "In General" of Chapter 3 "Animals" of the
Kennedale City Code is hereby amended to add the following definitions:
Large Fowl. Large birds such as emus, ostriches, rheas, and other similar size
birds.
Small Fowl. Birds commonly considered poultry and including, but not limited to
chickens, ducks geese, guinea fowl, turkeys, pigeons, and other similar size birds. For
purposes of this chapter, the term "small fowl" shall not include Pet Birds.
Large Livestock. Animals such as horses, mules, cattle, ponies, llamas, alpacas,
and other animal of the same approximate size and weight.
Small Livestock. Animals such as goats, sheep, lambs, and animals of the
same approximate size and weight.
Pet Bird. Birds such as parrots, cockatoos, mccaws, finches, and similar birds
commonly maintained in households within cages, not to include large or small fowl.
Pot-bellied pig. A breed of miniature pig meeting the standards established by
the North American Potbelly Pig Association ("NAPPA")
Swine. A pig.
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0664 CITY OF KENNEDALE, TX 2019
SECTION 2.
Section 3-9 "Livestock" of Article I "In General" of Chapter 3 "Animals" of the
Kennedale City Code is hereby amended to read as follows:
Sec. 3-9. - Livestock.
(a) Running at large. It shall be unlawful for the owner or keeper livestock,
fowl or swine to permit the same to run at large. The running at large of livestock, fowl
or swine is hereby declared a nuisance.
(b) Grazing. It shall be unlawful for the owner or keeper of any livestock, fowl
or swine to permit any such animal to graze upon or be unattended on any public street
or thoroughfare within the city, or to permit the same to graze or go upon any public or
private property within the city, except by permission of the owner or custodian of such
private or public property.
(c) Owner of premises may confine, etc. If any livestock, fowl or swine is
found upon the premises of any person without permission, the owner or occupant of
such premises shall have the right to confine such animal until he can notify the police
chief or other designated officer of the city. When so notified, such official shall cause
such animal to be impounded.
SECTION 3.
Section 3-14 "Pet Birds" is added to Article I "In General" of Chapter 3 "Animals"
of the Kennedale City Code to read as follows:
3-14. Pet birds.
It shall be unlawful for any person owning or having possession of pet bird to fail
to keep the pet bird indoors.
SECTION 4.
Article VI "Livestock, Fowl and Swine" is hereby added to Chapter 3 "Animals" of
the Kennedale City Code to read as follows:
ARTICLE VI. LIVESTOCK, FOWL AND SWINE
Sec. 3-101 Keeping generally
A person commits an offense if the person keeps or cause to be kept, for any
purpose whatever, any large or small livestock, any large or small fowl, or swine within
the corporate limits of the city, except as provided in this Article.
Page 2 of 6
0664 CITY OF KENNEDALE, TX 2019
Sec. 3-102 Small fowl
(a) A person commits an offense if he keeps, harbors or maintains small fowl
in the City other than on a premises classified by the uniform development
code as agricultural or residential or otherwise maintains residential use.
Small fowl shall be kept within pens, coops or hutches which meet the
requirements of this section. A fenced yard shall not qualify as a pen,
coop, or hutch for purposes of this section.
(b) All pens, coops, or hutches for the keeping of small fowl shall be
maintained a minimum of fifty (50) feet from any residence or commercial
building, excluding the residence of the person keeping or harboring the
small fowl.
(c) a person who keeps, harbors or maintains small fowl in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the small fowl with sufficient food, potable water,
adequate shelter, and protection from weather. All pens, coops, hutches
and exercise runs shall be completely enclosed.
(d) On Tots of one acre or more, A person may keep no more than twenty-five
(25) small fowl per acre. Roosters are prohibited.
(e) On lots smaller than one acre, a person may keep no more than six (6)
small fowl per quarter acre. Roosters are prohibited.
Sec. 3-103 Large fowl
(a) A person commits an offense if he keeps, harbors or maintains large fowl
in the City other than on a premises that is a rninimum of one acre and
that is classified by the uniform development code as agricultural or
residential or otherwise maintains a residential use. Large fowl shall be
kept within a fence or other enclosure so as to prevent the large fowl from
wandering in or upon or invading the premises of any other person.
(b) All large fowl shall be maintained a minimum of fifty (50) feet from any
residence or commercial building, excluding the residence of the person
keeping or harboring the large fowl.
(c) a person who keeps, harbors or maintains large fowl in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the large fowl with sufficient food, potable water,
adequate shelter, and protection from weather.
(d) A person may keep no more than twelve (12) large fowl per acre.
Sec. 3-104 Livestock
(a) A person commits an offense if he keeps, harbors or maintains any
Page 3 of 6
0664 CITY OF KENNEDALE, TX 2019
livestock in the City other than on a premises that is a minimum of one
acre and that is classified by the uniform development code as agricultural
or residential or otherwise maintains a residential use. Livestock shall be
kept within a fence or other enclosure so as to prevent the livestock from
wandering in or upon or invading the premises of any other person.
(b) All livestock shall be maintained a minimum of fifty (50) feet from any
residence or commercial building, excluding the residence of the person
keeping or harboring the livestock.
(c) a person who keeps, harbors or maintains livestock in the City shall
ensure that the animal(s) in their care or custody are treated humanely by,
at a minimum, providing the livestock with sufficient food, potable water,
adequate shelter, and protection from weather.
(d) A person may keep no more than eight (8) small livestock per acre.
(e) A person may keep no more than one (1) large livestock per acre for the
first acre with a minimum of one-half acre required per additional head of
large livestock.
Sec. 3-104 Swine
(a) A person commits an offense if he keeps, harbors or maintains any swine
in the City except as otherwise provided in this Section.
(b) A person commits an offence if he keeps, harbors or maintains any pot-
bellied pig other than on a premises that is classified by the uniform
development code as agricultural or residential or otherwise maintains a
residential use. Pot-bellied pigs shall be kept within a fence or other
enclosure so as to prevent the pot-bellied pig from wandering in or upon or
invading the premises of any other person.
(c) All pot-bellied pigs shall be maintained a minimum of fifty (50) feet from
any residence or commercial building, excluding the residence of the
person keeping or harboring the pot-bellied pig.
(c) a person who keeps, harbors or maintains pot-bellied pigs in the City shall
ensure that the animals) in their care or custody are treated humanely by,
at a minimum, providing the pot-bellied pigs with sufficient food, potable
water, adequate shelter, and protection from weather.
(d) A person may keep no more than two pot-bellied pigs.
Sec. 3-105 Waiver
The City Council may authorize a waiver from the acre requirements contained in
this Article when, in its opinion, an unnecessary hardship will result from requiring strict
compliance. Before granting a waiver, the City Council shall hold a public hearing
Page 4 of 6
0664 CITY OF KENNEDALE, TX 2019
regarding the requested waiver not earlier than fifteen days following notice of the public
hearing. No waiver shall be granted unless the Council finds that all of the following
conditions exist:
(a) There are special circumstances or conditions affecting the property of the
applicant seeking the waiver, or the surrounding area such that the strict
application of the provisions of this Ordinance would deprive the applicant
of the reasonable ability to maintain fowl, livestock or pot-bellied pigs; and
(b) The strict application of the provisions of this Ordinance is not necessary
to promote the public health, safety and welfare; and
(c) The granting of the waiver will not be detrimental to the public health,
safety or welfare, or injurious to other persons or property in the area; and
(d) The granting of the waiver will be in harmony with the spirit and purpose of
this Ordinance.
In granting a waiver, the City Council may prescribe conditions that it deems necessary
or desirable to protect the public interest.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of
Kennedale City Code, as amended, except where the provisions are in direct conflict
with the provisions of other ordinances, in which event the conflicting provisions of the
other ordinances are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects, refuses
or fails to comply with, or who resists the enforcement of any provision of this ordinance
shall be fined not more than Five Hundred dollars ($500.00) for each offence. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Kennedale are expressly saved as to any
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0664 CITY OF KENNEDALE, TX 2019
and all violations of the provisions of the Kennedale City Code, as amended, which
have accrued at the time of the effective date of this ordinance; and, as such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, shall not be affected by this ordinance but may be
prosecuted until final disposition by the court.
SECTION 9.
This ordinance shall be in full force and effect from and after its passage as
provided by law, and it is so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 20th DAY OF JUNE, 2019.
ATTEST:
z.
CITY SECRETARY, LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
CITY AT- ORNEY'DREW LA 2KIN
APPROVED:
MAYOR, BRIAN JO NSON
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0664 CITY OF KENNEDALE, TX 2019
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KENNEDALE TX 760602249
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ORDINANCE NO. 664
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$0.00 $140.76
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ORDINANCE NO. 664
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CITY OF KENNEDALE ORDINANCE NO. 664 AN 0301 - Legals & Public Notices
Run Dates
07/17/2019, 07/18/2019
Product Placement Times Run Schedule Cost
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CITY OF KENNEDALE ORDINANCE NO. 664 AN
Run Dates
07/17/2019, 07/18/2019
CITY OF KENNEDALE ORDINANCE
NO. 664
AN ORDINANCE AMENDING
VARIOUS SECTIONS OF CHAP-
TER 3 "ANIMALS" OF THE
KENNEDALE CITY CODE TO
ADD DEFINITIONS FOR LIVE-
STOCK, FOWL AND SWINE AND
ADD REGULATIONS REGARD-
ING THE KEEPING OF CERTAIN
FOWL, LIVESTOCK AND POT-
BELLIED PIGS WITHIN THE
CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMU-
LATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY
CLAUSE' PROVIDING FOR A
PENALTY! FOR VIOLATIONS
HEREOF; PROVIDING A SAV-
INGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE. Any per-
son, firm or corporation who vi-
olates, disobeys, omits, ne-
glects, refuses or fails to com-
ply with, or who resists the en-
forcement of any provision of
this ordinance shall be fined not
more than Five Hundred dollars
($500.00) for each offence, Each
day that a violation is permitted
to exist shall constitute a sepa-
rate offense. This ordinance
shall be in full force and effect
from and after its passage as
provided by law, and it is so or-
dained. DULY PASSED AND AP-
PROVED BY THE CITY COUNCIL
OF THE CITY OF KENNEDALE,
TEXAS, ON THE 20th DAY /OF
MAYOR BRIANJOHROVED NSON AT-
TEST /S/ CITY SECRETARY LE-
SLIE E. GALLOWAY / AP-
PROVED AS TO FORM AND LE-
GALITY /S/ CITY ATTORNEY
DREW LARKIN
0301 - Legals & Public Notices
Page 2 of 2 r;a.;_ i�rc;.f'-=:�;,-r- c.<