§ 90.39  KEEPING ANIMALS, FOWL, AND BEES OTHER THAN SWINE OR HARES.
   (A)   Subject to the provisions of § 90.39(B), it shall be unlawful for any person to introduce, keep, or maintain any guinea fowl, horses, mules, donkeys, cattle, goats, sheep, chickens, turkeys, geese, ducks, or pigeons, bees, or the feed or feed area for such in any pen, barn, building, or structure, excluding property perimeter fences within the city limits, within 200 feet of the residence of any person other than the owner. In the event the property owner can establish that the literal application of this section to the particular circumstances of his or her property present an unreasonable burden, said property owner may request a permit by letter to the City Manager.  The City Manager will review such request and may approve an exception to the 200 foot distance above; however, the minimum distance shall not be less than 75 feet. In reviewing such request, the City Manager will consider the health and safety of all adjacent property owners, as well as issues relating to noise, sanitation and privacy.  Such permits shall be revocable at will upon 90 days notice or upon lesser notice if the City Manager deems such revocation to be necessary to protect the public health or safety or public property.
   (B)   The following provisions shall apply to the keeping of backyard chickens:
      (1)   A property owner, or the occupant of property that has obtained written permission from the property owner, may possess not less than three nor more than six backyard chickens on residential property located in areas zoned R1 provided that the backyard chickens are confined in an enclosed chicken coop with exercise yard attached which is located no less than 75 feet from any building or dwelling occupied by a person other than the owner of the backyard chickens.
      (2)   A person keeping backyard chickens shall comply with the following regulations:
         (a)   No more than one chicken coop and exercise yard is permitted on a residential tract and the chicken coop and exercise yard must be located in the rear yard of the residential tract not less than 75 feet from any building or dwelling occupied by a person other than the owner of the backyard chickens.
         (b)   The chicken coop and exercise yard must be maintained in a sanitary condition and the accumulation of chicken waste on the property is prohibited.
         (c)   Any person building a permanent non-moveable chicken coop and/or exercise yard must obtain any necessary permits and inspections through the city as required prior to construction.
         (d)   Nuisance odors and excessive noise shall not be allowed to travel beyond the property line and disturb neighbors of ordinary sensibilities.
         (e)   Adequate food, water and medical treatment shall be provided to any backyard chickens maintained within the city limits of the City of Harker Heights.
         (f)   No roosters (male chickens) can be kept or maintained within the city limits of the City of Harker Heights. It shall be a defense to the prosecution of a violation of this section if on the date of the offense the rooster was 60 days old or younger.
         (g)   When a person 18 years of age or older is physically present to supervise the backyard chickens, such backyard chickens may be allowed to roam outside of the confines of the chicken coop and exercise yard for so long as the backyard chickens do not leave the tract of property upon which the backyard chickens are kept or cross any property line onto a tract of property other than that upon which the backyard chickens are kept.
      (3)   It is an offense to allow any backyard chickens to walk or fly onto any tract of property adjacent to the property upon which the backyard chickens are kept unless the adjacent property is owned by the owner of the backyard chickens or the owner of the backyard chickens has written consent authorizing the backyard chickens to cross onto an adjacent tract of property.
(Ord. 92-08, passed 4-23-92; Am. Ord. 96-40, passed 7-23-96; Am. Ord. 2021-06, passed 1-26-21)  Penalty, see § 10.99