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Ordinance 2018-27ORDINANCE NO. 2018-27 AN -ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-06 CHAPTER 18 ANIMALS, SECTION 18-9 LIVESTOCK AND FOWL, OF THE WYLIE CODE OF ORDINANCES; ESTABLISHING STANDARDS FOR ALLOWING CHICKENS WITHIN CITY LIMITS; DISTANCES FROM PRIVATE RESIDENCES AND PUBLIC BUILDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend the City Ordinance, Chapter 18, Section 18-9 Livestock and Fowl NOW, THEREFORE BE IT, ORDAINED.BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings -Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to City Ordinance Chapter 18, Section 18-9 Livestock and E2�y� The City of Wylie's City Ordinance Chapter 18 is hereby amended to read as follows: CHAPTER 18 ANIMALS ARTICLE I — IN GENERAL Sec. 18-9. — Livestock and fowl (a) No person shall engage in keeping livestock within the corporate limits of the city, except as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (b) A person may harbor.or possess not more than eight (8) backyard chickens on residential property after first having obtained a fowl license from the Animal Control Department of the city. A fee shall be collected in accordance with Sec. 18-4 in an amount established from time to time by ordinance of the city council. The license is per property and is nontransferable and terminates in the event the license holder no longer resides at the property for which the license was issued or in the event the person ceases to harbor or keep backyard chickens on the property. (c) If the residence is located within an established HOA, the owner must provide documentation of their cLfrrent HOA policies allowing chickens, coops or enclosures. (d) Chickens. Any particular domesticated farm or ranch animal of the particular fowl family, Gallus domesticus developed in a number of breeds for its flesh, eggs, and feathers but does not include ducks, geese, turkeys, or other domesticated fowl. (e) The keeping of loud fowl such as roosters, ducks, turkeys, geese, peacocks or guineas, or other such loud fowl within the corporate limits of the city shall be prohibited, except in lakes, public parks or as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. (f) Chickens shall be kept in an enclosure or fenced area with a minimum of ten square feet per hen of run space, and be provided a shelter. (coop) with a minimum of three square feet per hen. (g) Such location and/or enclosure shall be no closer than 25 feet to the nearest inhabited dwelling, other than that of the owner. (h) Any fowl kept within the city limits as authorized by this section shall be kept in a secure pen, coop or enclosure, and such structure shall be such construction and strength to keep such animal from running at large. (i) The chicken coop or other enclosure must be located within the rear yard no closer than five feet (5) from any property line and at a location which is not visible from a public street. (j) The city shall have the authority to revoke a license at any time the owner does not comply with this section or any other requirements. (k) Should such chickens be kept on a lot in the City and such surrounding area is later developed to bring it closer to any inhabited building or dwelling closer than twenty-five feet (26), excluding property owner who keeps chickens, such enclosure may be required to be moved to keep in compliance or if unable to keep in compliance, such animals shall be required to be removed from such premises within one (1) year of such non-compliance. (1) Enforcement of this section and any state laws regulating animal control shall be the responsibility of the animal control officers. SECTION 3: Saving�/Repealing Clause: Wylie's City Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, 'subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains �11 legal rights and remedies available to it pursuant to local, state and federal law. I SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of October, 2018. U11 ATTEST: e-D r f 'z.7n "q StephaAie Storm, City Secretary q LD;2A Fr RAIL, 47, r" DATE OF PUBLICATION. October 17, 2018, 1 eo='=%§;' y I e w s Ordinance No. 2018-27 - amending Ordinance No. 2007-06 chapter 18 animals, section 18-9 livestock and fowl, of the Wylie Code Of Ordinances; establishing standards for allowing chickens within city limits Vie ifarmer5bille Zrinirs; - Murphy Monitor - The Princeton Herald - 7deSaclise News - THE WYLIE NEWS STATE OF TEXAS . COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with. Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie City Ordinances #2018-27 & 2018-29 was published in said newspaper on the following date(s), to -Wit: October 17,2018. Subscribed and sworn before me on this, the to certify which witness my hand and seal of office. I IV I I/// SONIA A. DUGGAN Notary Public, State Of Texas COMM E pires 08-18-2020 '6 F X FQ Notary ID 12 83749 (16'e- Chad Engbrock, Publisher day of 20 18 *�ot b &d N"t r� Pu for MV The State of e My commission expires Murpby/Sachse/Wylie 0 ffice - I 10 N. Ballard -P.O. Box 369 - Wylie. TX 75098 - 972-4,42-5515 - fax 972-442-43 18 FarniersvilleiTrimCWT] Off= - 101 S. Maiii - P.O. Box 512 - Farmersville, TX 75442 - 972-784-6397 - fax 972-782-7023 Ordinance' CITY OF WYLIEE No. Ordinance An Ordinance of the -No. 2018-27 City of Wylie, Texas, amending the Com- An. ordinance of ffie City Wylie, Prehensive Zoning Ordinance of the City of Texas, Of :�Tylie, amending Ordinance as hereto - fore hill. en ded � No..'2007-06 Chapier - , So as 18 Animals- Section �'I to change the zon- 18-9 Livestock and, ing on the herej - -' naf- ,Fowl, 'of the Wylie ter described prop - Code of Ordinances; 'standards ertY, Zoning Case Number 201 8_10, from establishing for allowing chickens Planned Development .within city limits; dis- 20,17-17 (PD-2017-17) tances from Private to Planned' Develop- residences and: pu ! bli.c ment ' 2018--29 2018-2 ' to buildhigs; providing 1 , 9), allow for 'for repealing, . sav- I oil -street parking for -in -I;an&,severability a'rnenity centers; Pro- viding for :�clauseg; prdihdilig -for a penalty for the violation of this ari effective date of this t1ordinance; and or- 1 dinance; Providing for provid- ing for the publication the repeal of all ordi, of the caption hereof. nances in conflict., pro- viding a severabilffy clause; and providi . ng for an effective date.- 24-1 t-641i - --..d