(a) In this section, ROOSTER means the male of the domestic fowl.
(b) A person commits an offense if he owns a live rooster on any premises within the city.
(c) It is a defense to prosecution under Subsection (b) that the rooster is:
(1) kept on premises upon which animal production is permitted under Section 51A-4.201 of the Dallas Development Code;
(2) being exhibited at the State Fair of Texas or at a special event conducted with written permission of the city;
(3) owned by a governmental entity or participating in a health, research, educational, or similar program conducted by a governmental entity;
(4) owned by a medical, educational, or research institution operating in compliance with all city ordinances and state and federal laws; or
(5) being held for slaughter in a slaughterhouse or meat packing plant operating in compliance with all city ordinances and state and federal laws.
(d) A person who owns a live rooster commits an offense if he:
(1) fails to confine the rooster at all times within an enclosure that is of sufficient height and strength to retain the rooster;
(2) confines the rooster in an enclosure that is wholly or partially located less than 20 feet from any adjacent property line;
(3) maintains the enclosure in which the rooster is confined in a manner that creates offensive odors, fly breeding, or any other nuisance or condition that is injurious to the public health, safety, or welfare; or
(4) allows the rooster to violate the noise restrictions of Section 7-7.4 of this chapter.
(e) For the purpose of calculating the distance requirement of Subsection (d)(2) of this section, the width of alleys, street rights-of-way, and other public rights-of-way will be used. The distance between a rooster enclosure and an adjacent property line must be measured in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the enclosure to the nearest property line. (Ord. 26024)