Here are the rules.

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by BubbaLikesIt, Feb 18, 2013.

  1. BubbaLikesIt

    BubbaLikesIt Chillin' With My Peeps

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    6-2-11. Standards concerning the keeping of animals, fowls or birds.
    (A) No animals, fowls or birds shall be kept in a pen or corral (terms not applying to general pasture areas of 20,000 square feet or more) within 50 feet of any residence, dining room, sleeping room or other place of human habitation, other than the owner's, or within 100 feet of any private water well, except as otherwise permitted in Chapter 5 of this Title; provided, however, that such animals, fowls or birds may continue to be kept in any pen or corral which was erected and in which such animals, fowls or birds were kept prior to the annexation of any area into the City, if within 180 days from the date of said annexation application for a certificate of nonconformance with the provisions of this regulation shall be made and said certificate subsequently issued by the Midland city-county health department. Said certificate may only be obtained when an existing pen or corral where animals, fowls or birds are kept is closer than permitted to a place of human habitation or private water well, as provided herein, or where such pen or corral is so located with respect to the boundary line of the owner's property that a place of human habitation or water well could be located on an adjacent tract less than the said required minimum distance from said pen or corral.
    (B) The maintaining or keeping of all animals within the City shall be allowed, as stated above, only if the presence of noise, flies, mosquitos, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance and subject to the provisions of Title VIII, Chapter 7, of this City Code.
    (C) No swine shall be kept within the city limits, except as provided in Section 6-2-12.
    (D) The provisions of subsection (A) above shall not apply to the keeping of small household pets, to include but not be limited to dogs and cats.
    (E) The keeping of all animals within the City shall be subject to all pertinent regulations of the State of Texas.
    (F) It shall be unlawful, except as provided in Section 6-2-12 of this Chapter, for any person to keep, possess, or maintain any livestock or poultry within the city limits.
    (G) It shall be unlawful for any person, corporation, association, partnership or business to keep, possess, or maintain any ferret within the city limits unless a written statement from a licensed veterinarian has been submitted to the city enforcement agent or his authorized representative stating that the ferret is in good health and a permit has been issued by the city enforcement agent or his authorized representative for such ferret.
    (Ord. No. 5440, 2-13-1974; Ord. No. 5586, 5-13-1980; Ord. No. 6823, 4-26-1988)


    6-2-12. Area limitations and maintenance requirements for the keeping of livestock and poultry.
    (A) The provisions of Section 6-2-11(C) and (F) of this Chapter shall not apply to the following situations:
    1. Zoos, stock shows, fairs, animal judgings and shows, and circuses.
    2. Abattoirs, packinghouses or stockyards.
    3. Public school projects, when conducted upon school property and under faculty supervision.
    4. Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine.*


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    *Cross references: See Sections 11-1-6 and 11-1-10(B) of this Code for zoning districts where veterinarian clinics and hospitals may be located.
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    5. Guinea pigs, hamsters, rabbits, chickens, ducks or other animals or fowls of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowls.
    6. Livestock (other than hogs or pigs) and poultry which are kept in compliance with the following requirements:
    (a) Horses or other equine animals, as a private stable (not for commercial purposes) and other livestock and poultry of a size described in subsection (A)5 may be kept on tracts of land with not less than 20,000 square feet dedicated exclusively for animal use in an "AE" Agriculture-Estate District.
    (b) Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land with not less than 40,000 square feet dedicated exclusively for animal use in an "AE" Agriculture-Estate District.
    (c) Livestock and/or poultry may be kept for commercial purposes at farms, ranches or stables, as permitted by the use regulations of an AE Agriculture Estate Zoning District, or where a legal nonconforming business involving the keeping of livestock and/or poultry has been established and verified by a certificate of occupancy, obtained within 18 months of annexation into the City or a change in zoning which renders the business nonconforming, but only for the duration of said nonconforming status.
    (d) Regardless of whether livestock are kept for personal use or for commercial purposes, there shall be provided not less than 20,000 square feet of land area in the tract for each animal unit. The following animal unit values are to be assigned to livestock, except for small animals of a size described in subsection (A)5 above, in determining the number of animals which may be kept on a tract of land:
    Each lamb: One-fifth animal unit.
    Each goat: One-sixth animal unit.
    Each horse or other equine animal: One-half animal unit.
    Each cow or other large animal: One animal unit.
    Offspring of equine animals may be kept for a period of 18 months, and other livestock for a period of 12 months, after birth before being assigned any animal unit values.
    7. Guinea pigs, hamsters, rabbits, chickens, ducks or other animals or fowls of a similar size provided the total number of same kept per premises does not exceed four; provided, however, that the number limitation of four shall not apply to newborn offspring before they are weaned.
    (B) In connection with all of the above-described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this Section must be kept in such a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the neighborhood or the existence of any nuisance dangerous to the public health. Also, any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this Section must be approved for such purpose by the Midland city-county health department.
    (Ord. No. 5586, 5-13-1980; Ord. No. 7867, ยงยง 1--4, 8-24-99)
     

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