O47
ORDINANCE NO. 4 7
CITY SECRETARY
OFFICIAL FILE COPY
AN ORDINANCE DECLARING BUSINESSES SUCH AS
SLAUGHTERHOUSES TO BE NUISANCES IN CERTAIN
CIRCUMSTANCES; PROVIDING FOR ABATEMENT AND PUBLIC
HEARING; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AND EFFECTIVE DATE
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, Section 217.002 of the Local Government Code permits a Type A
Municipality to abate and remove a nuisance, and to define and declare what constitutes
a nuisance; and
WHEREAS, the City Council finds that a business or thing which is lawful in itself
may become a nuisance because of its locality, and in determining whether a thing or a
business is a nuisance, the location and surroundings are important and should be
considered; and
WHEREAS, the City Council further finds that slaughterhouses or slaughtering
establishments often generate noxious vapors, and noisome smells and stenches emanating
from, among other things, decaying and putrefying flesh and carrion, and the waste of
animals awaiting slaughter; and
WHEREAS, the City Council has determined that slaughterhouses may be wholly
uncongenial to residential neighborhoods; and
WHEREAS, Section 215.024 of the Local Government Code permits municipalities
f:`,files\muni~ken\ordinanc\nuisanec.002 (01-12-94)
to compel the owners of various businesses, including slaughterhouses or slaughtering
establishments, or any other unwholesome or nauseous houses or places, to clean, abate
or remove such businesses houses or places, and further authorizes municipalities to
restrain, abate, prohibit and direct the location of such businesses or establishments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CI'T'Y OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The findings of the Council recited above are hereby adopted.
SECTION 2.
NUISANCE DECLARED
(a) The following are declared to be nuisances injurious to the public health or comfort:
(1) Any business, such as a slaughtering establishment, slaughterhouse, rendering
plant or butcher shop located within one thousand (1000) feet of premises used for
residential purposes or zoned residential, where any one, or combination of factors
such as the following exist as a result of the business to the extent that the life or
health of any person residing in the area is endangered, or to the extent that the
reasonable, peaceful and comfortable use of residential property is impaired or
destroyed:
(A) Noxious vapors and noisome smells and stenches emanating from the
husiness or establishment; or
(B) Conditions created or caused by the husiness that are disagreeable,
oppressive or injurious to persons of ordinary sensibilities in the residential
f:`.files\muni\ken\ordinanc\nuisance.0U2 (O1-12-94) 2
area; or
(C) Conditions that constitute a breeding place for flies and other insects;
or
(D) Noises occurring in conjunction with the housing or slaughtering of
animals which are offensive to a person of normal sensibilities; or
(E) The generation of traffic more than normal for a residential
neighborhood; or
(F) Operation of the establishment in violation of applicable state health
laws; or
(G) Runoff draining onto adjoining property contaminated by waste from
either animal holding pens or slaughtering operations, which serves as a
medium for germs, bacteria or disease; or
(H) Housing or locating more than 50 animals, livestock or fowl per acre,
on any one acre, at any one time, or locating more than 10 animals, livestock
or fowl within 20 feet of a residential lot.
(2) The operation of any business such as a slaughtering house, slaughtering
establishment, butcher shop or rendering plant that deals with or disposes of waste
from slaughtered animals and animals awaiting slaughter, that is not connected to
a public sewer system.
(b) For the purpose of subsection (a) of this section, measurement shall be made in a
straight line without regard to intervening structures or objects, from the nearest portion
of the property used as any part of the slaughtering operation or other such business, to
the nearest property line of premises used for residential purposes, or premises zoned
residential.
f:\files\muni\kcn\ordinanc\nuisance.002 (O1-12-94) 3
SECTION 3.
ABATEMENT AND PUBLIC HEARING
(a) Every person owning or possessing any place in or on which there exists a nuisance
as described in this ordinance shall, as soon as its existence comes to his knowledge,
proceed at once to abate the nuisance. Provided, however, except in cases of imminent
threat to the public safety and health, if the abatement of the nuisance requires the
permanent closure of a business, the owner or operator of the business shall have the
right to a public hearing before the city council, prior to permanent closure of the business.
(h) When the City Administrator or his designee determines that a nuisance exists as
defined by this ordinance, he shall issue written notice by certified mail to the owner or
operator of the business, or person responsible for the nuisance, specifying the nature of
the nuisance and ordering its abatement. If abatement of the nuisance requires permanent
closure of the business, such notice shall contain the date of the public hearing.
(c) At the public hearing, persons interested in whether the business constitutes a
nuisance shall be given an opportunity to be heard.
(d) If at the conclusion of the hearing the city council determines that the business
constitutes a nuisance, the council shall order the abatement of the nuisance. The order
shall be sent by certified mail, return receipt requested, to the owner or operator of the
business, or the person responsible for the nuisance. The order shall specify the nature
of the nuisance, and shall designate a reasonable time within which such abatement shall
he accomplished.
(e) If the owner and/or operator of the nuisance does not comply with the directive
contained within the order, the city attorney shall be advised by the City Administrator or
his designee to immediately institute proceedings for the abatement thereof.
f:Miles\muni\ken\ordinanc\nuisance.002 (O1-12-94) 4
SECTION 4.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 5.
SEVERANCE CLAUSE
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 6.
PENALTY CLAUSE
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. The imposition
f:\files\muni\ken\ordinane\nuisance.002 (O1-12-94) 5
of a penalty shall not abrogate the right of the City to abate a nuisance or pursue any
other remedy allowed by law.
SECTION 7.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Chapter 10, Chapter 15 or any other ordinance or code
provision affecting the regulation of nuisances 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.
SECTION 8.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, penalty clause, publication clause and effective date clause of this ordinance in
every issue of the official newspaper of the City of Kennedale for two days, or one issue
of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section
52.011 of the Local Government Code.
SECTION 9.
EFFECTIVE DATE
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.
f:\files\muni\ken\ordinanc\nuisance.002 (O1-12-94) 6
PASSED AND APPROVED ON THIS 13 DAY OF JANUARY , 1994.
~~~
MAYOR
ATTEST:
~ ~~~~~
CITY SECRE ARY
APPROVED AS TO FORM AND LEGALITY:
ity Attorney
Date: JANUARY 13 , 1994
ADOPTED: JANUARY 13, 1994
EFFECTIVE: JANAURY 21, 1994
f:lfiles\muni~kenAordinanc~nuisance.002 (01-12-94) 7
B ~ ~ Publishing, Inc. Publishers Of:
833 East Enon EvEx~AN Timms
P.O. Box 40230 KENNEDALE NEWS
Everman, TX 76140-0230 FOREST Hn.L NEws
SOUTH COUNTY NEWS
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
Ordinance #47
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
JANUARY 20, 1994
EXECUTED THIS, THE 1st, DAY OF FEBRUARY, 1994
Cam;
JENNIFER CATHEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 1st, DAY OF FEBRUARY, 1994
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