Ord. 0528-05 1994-08-22ORDINANCE NO. 528 - 5
AN ORDINANCE AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF
THE CODE OF ORDINANCES, OF THE CITY OF PEARLAND,BY ADDING
SECTION 6-12.5., RESTRICTIONS ON KEEPING ANIMALS IN CITY LIMITS -
RATITES; PROVIDING A PENALTY FOR VIOLATION; A SAVINGS
CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1, That Section 6-12.5. of the Code of Ordinances of the City of Pearland,
Texas, is hereby added to read as follows:
" Sec.6-12.5. Restrictions on keeping animal within the city limits - Ratites.
It shall be unlawful for any person to keep, possess or maintain an adult pair of any
species or subspecies of ratites, with the exception of ostrich which will not be
allowed, on any parcel of land less than one -quarter (1/4) acre in size. No more than
one additional pair of such animal may be kept per each additional one -quarter (1/4)
acre of land. It shall further be unlawful for any person to keep, possess or maintain
any species or subspecies of ratites without complying with the following:
(a) Registration through the City of Pearland Animal Control Department
will require information and documentation relating to the owner; name, -
address, location and number of animals and, phone number including
emergency phone numbers for his/her veterinarian in case of emergencies.
(b) Upon registration the requesting party will receive a copy of the
requirements covering ratites, which will include the following criteria:
1. Double six foot (6') fencing around any area enclosing
animals.
2. Animals shall not be kept, possessed or maintained within
one hundred fifty feet (150') of any actual residence or
building used for human habitation not that of the owner or
keeper of such animal.
3. Each enclosure (pen) must be kept locked and designed so that no
one can enter or place appendages in the enclosure with the exception
of feeding the animal.
4. Each enclosure must be constructed so as to knowingly prevent the
animal from escaping.
5. Each enclosure must be kept in good repair to prevent both escape
and injury to the animal.
6. Cleanliness of the enclosure and the size of the enclosure, in ratio
to the number of birds, shall be maintained to promote the health of
the bird(s).
(c) In no way shall this Ordinance be construed to allow a use that is not
allowed by the City of Pearland Land Use and Urban Development
Ordinance.
Section 2. All rights and remedies which have accrued in the favor of the City under
this Chapter and amendments thereto shall be and are preserved for the benefit of the
City.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable
by a Court of competent jurisdiction, such part shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4. The City Secretary shall cause this Ordinance, or its caption and penalty,
to be published in the official newspaper of the City of Pearland, upon passage of
such Ordinance. The Ordinance shall then become effective ten (10) days from and
after its publication, or the publication of its caption and penalty, in the official City
newspaper.
Section 5, Any person, firm or corporation who shall violate or fail to comply with
the requirement or provisions of this Ordinance herein adopted shall be deemed
guilty of a misdemeanor, and shall, upon conviction by a Court of competent
jurisdiction, be punished as provided in Section 1-11 of the Code of Ordinances of
the City or such specific penalty clause as may be provided.
Section 6, All Ordinances in conflict herewith are hereby repealed, but only to the
extent of such conflict.
Section 7. It is the intent of the City Council of the City of Pearland, Texas, that the
provisions of this Ordinance shall be codified as herein provided.
Section 8, This Ordinance shall take effect and be in force on the tenth day of
publication in the official City newspaper of the City of Pearland, Texas.
PASSED and APPROVED on First Reading this �J° day of
?,7-/
C.V. COPPI1\ QiEP�
MAYOR
ATTEST:
PAT JONES C
CITY SECTARY
PASSED and APPROVED on second and Final Reading this c2.2-, day of
A.D., 1994.
ATTEST:
PAT JONERMC
CITY SEC ETARY
APPROVED AS TO FORM:
BARRY/ABRAMS
INTERIM CITY ATTORNEY
MAYOR
VOTING FIRST READING AUGUST 8, 1994
Voting "Aye" - Councilmembers Miller,
Tetens, Smith, Weber, and Richardson
Voting "No" - None
Motion passed 5 to 0
VOTING SECOND READING AUGUST 22, 1994
Voting "Aye" - Councilmembers Richardson,
Weber, Smith, Tetens, and Miller.
Voting "No" - None
Motion passed 5 to 0
PUBLICATION DATE: AUGUST 26, 1994
EFFECTIVE DATE: SEPTEMBER 5, 1994
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE PEARLAND CITY CHARTER.