Burnet Texas Chicken Ordinance
Are Chickens Allowed in this location Yes Max Chickens Allowed 5 no closer than 50' of any dwelling; 6 or more must have a distance of 200' or greater Roosters Allowed No Permit Required No Coop Restrictions Yes City/Organization Contact name Additional Information Sec. 14-32. Running at large. (a) Responsible party. It shall be unlawful for any person who owns, keeps, harbors or otherwise has control over any animal within the city to allow or permit such animal to run or be at large within the city. Sec. 14-36. Nuisance animals. (a) As used in this article, a nuisance animal shall be defined as any animal that commits any of the acts listed herein: (1) Molests or chases pedestrians, passersby or passing vehicles, including bicycles, or molests, attacks or interferes with other animals or persons on public property or private property other than the owners; (2) Makes unprovoked attacks on other animals of any kind or engages in conduct which establishes such animal as a \"dangerous animal\"; (3) Is repeatedly at large; specifically, three or more times per 12-month period (excluding domestic cats); (4) Damages, soils or defiles public property or private property, other than property belonging to or under the control of the owner; (5) Repeatedly defecates on property not belonging to or under the control of its owner, unless such waste is immediately removed and properly disposed of by the owner of the animal (including domestic cats); (6) Barks, whines, howls, crows, crackles or makes any noise excessively and continuously, and such noise disturbs a person of ordinary sensibilities; (7) Produce odors or unclean conditions sufficient to annoy persons living in the vicinity; or (8) Is unconfined when in heat. Sec. 14-38. Pens and coops; location. (a) All fowl and rabbits shall be kept within a pen, coop or hutch. A fenced yard shall not qualify as a pen or coop. (b) Any person keeping or harboring any animal, other than livestock, shall locate any pen, coop, hutch or other housing at least 50 feet from any residence, excluding the residence of the person keeping or harboring the animals. (Ord. No. 2006-09, §§ 2, 3, 3-14-06) (b) Keeping of animals near city water supply. (1) It is unlawful and constitutes an offense for any person, whether for himself or as the agent or servant of another or others, to keep or to participate in keeping any horse, hog, cattle, sheep, goat, other livestock and/or fowl in any pen or lot used to confine any such multiple animal operation within 500 feet of any water supply wells from which the city obtains its principal water supply as specified in the official Texas Administrative Code published under authority of the Secretary of State, Title 31, Natural Resources and Conservation, Section 290.41 (c)(1)(C)(D)(F). (2) \"Keeping\" means the care and control of the livestock or fowl in question for a period of longer than five days. (c) Keeping of animals and fowl--Restricted. It is unlawful and constitutes a nuisance to keep any horse, cattle, sheep, goat, rabbit or other livestock, including fowl, at any place within the city, when the place where the same are kept is within 200 feet of any private residence or dwelling place or within 500 feet of any building or establishment open to the public, with the exception of park land, or if the animal or fowl in question is kept in a manner and under conditions wherein by reason of the odors emanating therefrom, the noise made by it or from any other cause pertaining to it or pertaining to the manner or to the place at which it is kept is reasonably calculated to annoy, offend or disturb the reasonable sensibilities of inhabitant of a private residence, or person(s) occupying or visiting an establishment open to the public. The distance provisions do not apply to park land; however, other requirements of this section relating to the manner in which animals are kept shall apply to such park land. Subsection (d) below, which governs the keeping of chickens, shall control to the extent of any conflict with this subsection (c). (d) Keeping of chickens. Any person desiring to keep chickens within the city limits shall provide enclosures and housing to adequately accommodate these birds without disturbing adjacent property owners and that comply with subsection (c) above. No person keeping chickens shall permit the same to run or fly at large, or to trespass on the premises of any other person. No person shall keep any grown male chicken or other birds which disturb adjacent property owners by the crowing or making of disturbing noises. No person shall keep, within the city limits, any chickens for commercial purposes where the birds or eggs are sold on the market or to individuals, or where the chickens are used for commercial purposes, gambling, or profit. Enclosures for chickens will include housing which will provide a minimum of four square feet of floor space for each gown chicken and will conform in appearance to the surrounding structures. No chicken house will be closer than 50 feet from any dwelling. Chicken houses will be kept clean and sanitary at all times. Means shall be provided to prevent the accumulation of flies, insects, mites, fleas, or other pests. Means shall be provided to prevent the emission of offensive odors. Sick or dead birds shall be properly disposed of immediately. Enclosures shall be constructed as to restrict soil, feathers, or dust of the area of the enclosure and the same will not be allowed to blow or wash onto other private or public property. (e) Keeping of animals and fowl--Proof constitutes prima facie case. Proof that six or more fowl, six or more livestock, or six or more of such animals described in subsection (c) above, or one dozen or more of a combination of such fowl or animals as described in subsection (c) above, are being kept at any one time at a place within the city that is within 200 feet of the private residence of another, or within 500 feet of any building or establishment open to the public, shall be sufficient to make out a prima facie case, and unless such prima facie case is overcome by sufficient evidence, it shall warrant a conviction under the provisions of this section. (f) Keeping of animals and fowl--Exceptions to distance restrictions. The distance restrictions and livestock prohibitions of this chapter do not apply to property zoned as Agricultural (A) according to the Zoning Ordinance of the City of Burnet. The distance restrictions of this chapter do not apply to property zoned as Single Family Residential Estate (R1-E) according to the Zoning Ordinance of the City of Burnet, or to property properly zoned or used (as in continuing use) as veterinary clinics or facilities or established kennels that are for the purposes of the care or boarding animals or existing shipping pens utilized for temporary holding before shipment or sale. (g) Dead animals and fowl. It is unlawful for any person in the city to cause to be placed or place, or allow to remain in or near his premises or the premises of any other person, or in any of the streets or other public roadways, any dead animal, either wild or domesticated, or any dead fowl, either wild or domesticated. (Ord. No. 2006-09, §§ 2, 3, 3-14-06) Link for more Information http://library7.municode.com/default-test/home.htm?infobase=12778&doc_action=whatsnew Information Last Updated 2010-03-31 20:45:34
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