O415ORDINANCE NO. 415
AN ORDINANCE AMENDING SECTION 3-7 "PROHIBITED ANIMALS" OF
CHAPTER 3, "ANIMALS," OF THE CODE OF THE CITY OF KENNEDALE,
TEXAS (1991), AS AMENDED, BY ALLOWING WHITETAIL DEER
BREEDING PROGRAMS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas 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 has previously enacted ordinances codified in Chapter 3 of the
Kennedale Code of Ordinances regulating the care, custody, and control of animals within
the City; and
WHEREAS, the City Council has determined that whitetail deer breeding programs
should be permitted with certain requirements being met; and
WHEREAS, the City Council has determined that this amendment to the City's
animals regulations will advance the health, safety, and general welfare of the citizens of
the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Chapter 3, Article I of the Code of Ordinances of the City of Kennedale, Texas, is
hereby amended by the amending Section 3-7, to read as follows:
Sec. 3-7. Prohibited animals.
(a) It shall be unlawful for any person to sell, offer for sale, barter or give
away as toys, premiums or novelties, baby chickens, ducklings or
other fowl under three (3) weeks old; or rabbits under two (2) months
W:\Kennedale\ORDINANC\Animals 10-08.wpd (10-10-08) Page 1
old; unless the manner or method of display is first approved by the
local health authority.
(b) It shall be unlawful to color, dye, stain orotherwise change the natural
color of any chickens, ducklings or otherfowl, or rabbits, or to possess
for the purpose of sale or giving away any of the above mentioned
animals which have been so colored.
(c) It shall be unlawful to own, possess, confine, or care for any wild
animal inside the city, except as provided herein.
(d) It shall be unlawful to release or allow to run at large any wild or
vicious animal.
(e) A whitetail deer breeding program is permitted with all of the following
requirements being met:
(1) The program shall require a permit from the Texas Parks and
Wildlife Department;
(2) The program can only be placed in an area zoned I Industrial;
(3) A registered wildlife biologist shall administer the program;
(4) Areas of an enclosure shall be fenced with 8' or higher netting
fence which is screened and a minimum of 600 feet from
property lines;
(5) The program can not be used to apply for an AG exemption for
ad-valorem tax purposes;
(6) Written application for a license and payment of the applicable
license fee shall be made to the City Manager. The application
shall include the name and address of the applicant and the
address for which the operation is taking place. Applicable
Texas Parks & Wildlife permits shall be submitted with the
application along with the name and certification of wildlife
biologist overseeing the operation. The application shall also
include the required license fee. A license is valid for one (1)
year from date of issuance, unless sooner revoked. A license
is not transferable; and
(7) An annual license fee of $100.00 is required.
W:\Kennedale\ORDINANC\Animals 10-08.wpd (10-10-08) Page 2
SECTION 2.
This ordinance shall be cumulative of all provisions ofthe City of Kennedale, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of
other ordinances, in which event the conflicting provisions of the other ordinances are
hereby repealed.
SECTION 3.
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 a phrase,
clause, sentence, paragraph, orsection ofthis ordinance shall be declared unconstitutional
bythe valid judgmentordecree of a courtof competent jurisdiction, such unconstitutionality
shall not affect 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 the unconstitutional phrase, clause, sentence, paragraph,
orsection.
SECTION 4.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Chapter 3 of the Code of Ordinances of the City of
Kennedale, Texas, or any other ordinances regulating animals which have accrued at the
time of the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
W:\Kennedale\ORDINANC\Animals 10-08.wpd (10-10-08) Page 3
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication clause
and effective date clause of this ordinance as provided by Section 3.10 of the Charter of
the City of Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED THIS 9th DAY OF OCTOBER, 2008.
.~
~. :<
~,:
....~ ~ ; ~
~.~
'rj~~.~' .••
y S~ ~"v v..• • ..~. {~~
~ r
~~ ~
! ~~
t
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE: /D •~~ •~dOR'
APPROVED AS TO FORM AND LEGALITY:
~/~ ~
CITY ATTORNEY
W:\Kennedale\ORDINANC\Animals 10-08.wpd (10-10-08) Page 4