(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)