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The purpose of this subdivision is to define as nuisances within the City of Fort Worth, certain conditions which are detrimental to the health and safety of persons or property or which are detrimental to the senses. The conditions made unlawful by this subdivision are hereby declared to be nuisances.
(Ord. 12931, § 1, passed 3-25-1997)
(a) A person commits an offense if the person owns or is in control of any property upon which the feces or urine of any animal is accumulating in an unsanitary manner or in a manner that creates an unreasonable or noxious odor in a public place.
(b) It is an affirmative defense to prosecution under this section that the animal waste was a deposit of manure made upon private property for the purpose of land cultivation and the deposit was maintained so as to prevent the breeding of flies and other vectors.
(Ord. 12931, § 1, passed 3-25-1997)
(a) A person commits an offense if the person knowingly keeps swine within the city.
(b) It is an exception to a prosecution under subsection (a) above that the swine were:
(1) Being kept for processing in a slaughterhouse;
(2) Being kept for exhibition for a period not exceeding 21 days in connection with agricultural expositions or fairs; or
(3) Individual swine being kept for sale, for a period not exceeding 14 days, within the boundaries of the Fort Worth Stockyards located at 131 East Exchange Street.
(c) It is an affirmative defense to a prosecution under subsection (a) above that the swine is a “miniature swine” as defined by Chapter 6, Animals and Fowl, of the city code, and is being kept in compliance with that chapter.
(d) A person commits an offense if the person keeps or permits to be kept any pig pen, lot, stable, yard, shed, sty or other place for keeping swine, in a manner that creates an unreasonable or noxious odor and which:
(1) Causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof; or
(2) Interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities.
(Ord. 12931, § 1, passed 3-25-1997)
(a) A person commits an offense if the person constructs or maintains any dog kennel within 300 feet of a structure which is designed or used as a habitation and which is located on another person’s property.
(b) A person commits an offense if the person constructs or maintains any dog or cat kennel closer than 100 feet from premises which are zoned as residential or which are used for residential purposes.
(c) In this section, the term
KENNEL shall mean:
(1) Any building, lot or premises where four or more dogs or cats (at least eight weeks of age) are kept. This shall not include residentially zoned premises or premises which are used for residential purposes, at which the occupant is keeping his or her own dogs or cats; or
(2) Any building, lot or premises where dogs or cats are housed or accepted for boarding, for which remuneration is received.
(d) Distances in subsection (b) above shall be measured as follows:
(1) For the purpose of subsection (a), above, measurement of the 300 foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of an existing habitation to the nearest portion of the kennel; and
(2) For the purpose of subsection (b) above, measurement of the 100 foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of a residentially zoned property or premises used for residential purposes, to the nearest portion of the kennel.
(e) A person commits an offense if the person keeps, houses or maintains more than three dogs or three cats at the person’s residence in violation of § 6-23.
(Ord. 12931, § 1, passed 3-25-1997; Ord. 23295-06-2018, § 5, passed 6-26-2018, eff. 7-6-2018)
Editor’s note:
Ord. 19424-11-2010, § 2, adopted November 9, 2010, repealed § 11A-21, which pertained to keeping of cattle, horses, sheep, goats, emus, ostriches and rheas. See also the Code Comparative Table.
(a) In this section, REGULATED ANIMAL means any pigeon and any fowl as defined by this section. For purposes of this section, the term FOWL shall include any bird used for food or sport or kept as a pet but shall not include pigeons, emus, ostriches or rheas. For the purposes of this section ROOSTER shall mean a male chicken (species Gallus domesticus).
(b) A person commits an offense if the person knowingly keeps or maintains any number of pigeons and/or fowl within 50 feet of any regulated structures as defined in subsection (f) below.
(c) (1) A person commits an offense if, on one acre or more of property, the person knowingly:
a. Keeps or maintains more than 50 fowl;
b. Keeps or maintains more than two roosters on property that is zoned as residential or mixed-use commercial in accordance with Appendix A of the code of the City of Fort Worth, regardless of the total number of fowl being kept; or
c. Keeps or maintains any number of fowl not contained within a coop or pen.
(2) For purposes of this section a pen or coop shall include any fully enclosed structure specifically designed and constructed to constrain animals or birds within its confines.
(d) A person commits an offense if, on one-half acre or less, the person knowingly:
(1) Keeps or maintains more than 12 fowl;
(2) Keeps or maintains more than two roosters on property that is zoned as residential or mixed-use commercial in accordance with Appendix A of the code of the City of Fort Worth, regardless of the total number of fowl being kept; or
(3) Keeps or maintains any number of fowl not contained within a coop or pen.
(e) A person commits an offense if, on more than one-half acre but less than one acre, the person knowingly:
(1) Keeps or maintains more than 25 fowl;
(2) Keeps or maintains more than two roosters on property that is zoned as residential or mixed-use commercial in accordance with Appendix A of the code of the City of Fort Worth, regardless of the total number of fowl being kept; or
(3) Keeps or maintains any number of fowl not contained within a pen or coop.
(f) For purposes of this section, a
REGULATED STRUCTURE shall be:
(1) Any residence, structure or building used for human habitation, other than the person’s habitation;
(2) Restaurant, café or eating establishment;
(3) Church, school, hospital, convalescent home, nursing home or residential treatment facility; or
(4) Daycare facility, facility offering medical or dental services, hotel, motel or other lodging facility.
(g) If a regulated animal is kept in or confined by any building or structure, such as a stable, barn, shed, pen or fence, the distances required by subsection (b) above shall be measured in a straight line from the nearest point of such building or structure to the nearest point of the closest regulated structure.
(h) A person keeping or maintaining any regulated animals commits an offense if the person fails to:
(1) Collect the animals’ wastes daily in a ratproof and fly-tight container or receptacle;
(2) Store wastes collected pursuant to subsection (h)(1) above in a closed fly-proof and ratproof container, and in a manner that prevents the escape of odors from the container; and
(3) Dispose of wastes collected pursuant to subsection (h)(1) above at least once each week in a manner that prevents the breeding of flies.
(i) These provisions shall not apply to:
(1) Any facility related to public safety;
(2) Legally operating agricultural activities; and
(3) Legally operating commercial enterprises where the keeping or maintaining of regulated animals is in compliance as a use by right.
(j) It is an affirmative defense to prosecution under this section that the animal in question is:
(1) Subject of a valid continuance permit issued pursuant to Ordinance 14115;
(2) Being kept at city-owned or operated property for exhibition for a period not exceeding 21 days in connection with an agricultural exposition or fair; or
(3) Being kept for sale, for a period not exceeding 14 days, within the boundaries of the Fort Worth stockyards located at 131 East Exchange Street.
(Ord. 12931, § 1, passed 3-25-1997; Ord. 14115, § 1, passed 2-29-2000; Ord. 19424-11-2010, § 3, passed 11-9-2010; Ord. 23295-06-2018, § 6, passed 6-26-2018, eff. 7-6-2018)
(a) Continuance permits issued pursuant to City Ordinance 14115 allowing the maintenance of conditions that would otherwise constitute a violation of former §§ 11A-21 or 11A-22 shall continue in effect unless suspended or revoked pursuant to this section.
(b) A continuance permit is valid only for the original permittee and for those conditions designated and approved. A continuance permit is not transferable to any other person or any other location.
(c) The permit shall be automatically revoked upon a change in the status of the permitted property or upon cessation of the uses as stated in the permit for a period of 30 days.
(d) The code compliance director, or that individual’s designee, may suspend or revoke the continuance permit if the subject of the permit is found to be in violation of city code or state or federal law.
(e) This process shall exhaust all administrative remedies of the permittee.
(Ord. 19424-11-2010, § 4, passed 11-9-2010)
(a) No person shall deposit or allow to accumulate on private property, or discharge from any place onto private or public property in the city any human or animal liquid waste, foul water or any noxious liquid waste.
(b) A person commits an offense if the person violates subsection (a) above.
(c) The application of this section does not include discharges to the city’s municipal separate storm sewer system (MS4), which are regulated by the city’s environment code.
(Ord. 12931, § 1, passed 3-25-1997)
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