HomeMy WebLinkAboutOrdinance 3825 ORDINANCE NO. 3825
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING CHAPTER 14, ANIMALS, TO MODIFY ARTICLE XIII,
SECTION 14-442, ADD ARTICLE XVI, BACKYARD CHICKENS, TO
PROVIDE FOR THE KEEPING OF BACKYARD CHICKENS ON
RESIDENTIAL PROPERTIES WITHIN THE CITY OF NORTH RICHLAND
HILLS, AND AMENDING CHAPTER 34, ARTICLE II, SECTION 34-33 TO
DECLARE SPECIFIC NUISANCES; PROVIDING A PENALTY;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES AND REPEALING CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, The City of North Richland Hills, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, A number of residents of the City of North Richland Hills have come before
the City Council and have requested that the City Code be amended to
allow the keeping and raising of chickens; and
WHEREAS, The City Council previously adopted an ordinance allowing agricultural
animals, including chickens, to be kept on properties zoned AG or R-1-S;
and
WHEREAS, The City Council now desires to adopt an ordinance establishing standards
for the keeping of backyard chickens on single family residential properties;
establishing regulations regarding the number of backyard chickens that
may be kept on the property; creating a permitting process for the housing
and keeping of backyard chickens; and declaring specific conditions to be
public nuisances; and
WHEREAS, In order to exercise the police powers of the City for the preservation and
protection of the public health, safety and welfare, the City Council finds it
necessary to adopt an Ordinance amending Chapters 14 and 34 of the
Code of Ordinances to provide for the safe and orderly keeping of
backyard chickens within the city limits of North Richland Hills;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Ordinance No.3825
Page 1 of 9
SECTION 1: The City Council hereby finds the recitals above to be true and correct, and
such recitals are hereby incorporated into this Ordinance as if written herein.
SECTION 2: Chapter 14, Article XIII, Sec. 14-442 of the Code of Ordinances of the City
of North Richland Hills is hereby amended as follows:
Sec. 14-442. Number of agricultural animals in AG and R-1-S.
The housing, breeding, training, harboring, or keeping of livestock animals such as
horses, cows, cattle, sheep, goats, or fowl, except backyard chickens pursuant to article
XVI of this chapter, shall be restricted to properties of one (1) full acre or more. The
number of animals shall be limited to one(1)animal for the first acre and one (1)additional
animal for every full acre thereafter.
SECTION 3: Chapter 14, Article I, Section 14-2, Definitions shall be amended to add the
following:
Backyard chicken means a female chicken or chicken hen.
Chicken coop means a completely enclosed, covered, predator-resistant chicken
house that is designed to prevent backyard chickens from escaping, can be easily
accessed, cleaned, and maintained, and meets all other applicable requirements of this
chapter.
Exercise area means an enclosure attached to a chicken coop that
provides exercise for backyard chickens. Such enclosure shall be constructed to
prevent the backyard chickens from escaping and offer protection from predators.
Nesting box means a clean, dry, enclosed area in a chicken coop
designed to facilitate egg laying that is large enough to allow each backyard chicken
being kept to sit, stand up, and turn around easily, with sufficient bedding material or
nest pads to reduce egg breakage during laying.
Rooster means a male chicken.
SECTION 4: Chapter 14 of the Code of Ordinances of the City of North Richland Hills is
hereby amended to add Article XVI, Backyard Chickens, and read as
follows:
ARTICLE XVI. — BACKYARD CHICKENS
Sec. 14-600. — Generally.
(a) The owner or occupant of an individual property that is zoned single-family
residential with a permanent dwelling unit that has been issued a permit in
Ordinance No.3825
Page 2 of 9
accordance with Section 14-601 of this article (the "property"), may keep
backyard chickens in the rear yard of the primary dwelling unit subject to the
requirements set forth in this article and all other applicable provisions of this
chapter.
(b) The keeping of roosters or fowl, other than backyard chickens, under this article
is prohibited.
(c) It shall be the responsibility of the person keeping backyard chickens as defined
in section 14-2 to protect the backyard chickens from predators and to keep the
backyard chickens enclosed in the rear yard of their own residence.
(d) The Director of Neighborhood Services, or his or her designee, shall be
authorized to enforce this Ordinance.
Sec. 14-601. — Permit required.
(a) Application. A person desiring to keep backyard chickens pursuant to this
article must first apply for a backyard chicken permit from the Neighborhood
Services Department. The applicant shall:
(1) Submit a completed permit application on a form provided by the
Neighborhood Services Department;
(2) Provide floorplans and side elevations for the proposed chicken coop or
if a commercially available chicken coop is acquired, provide the
manufacturer, model, and size of the chicken coop;
(3) Provide a site drawing showing the proposed location for the chicken
coop and attached exercise area that includes all property lines, building
lines, setbacks, other structures located on the property, distances to all
adjacent structures on the property, and distances to all residential
structures on all adjacent properties;
(4) If the applicant is a person other than the owner of the property on which
the backyard chickens will be kept, provide written, notarized
authorization from the property owner allowing backyard chickens to be
kept on the property; and
(5) Provide proof of completion of an educational course on chicken care
and sanitation.
(b) Any person in possession or in control of backyard chickens at the time of
passage of this article shall have sixty (60) days from passage to obtain a
permit required by this article. From and after said sixty (60) day period, any
person who fails to obtain a permit shall be in violation of this article.
Ordinance No.3825
Page 3 of 9
(1) Any person in possession or control of backyard chickens in excess of the
allowed number under Section 14-604 of this article at the time of the
passage of this Ordinance shall obtain a permit, but shall be allowed to
continue to house or harbor said number of backyard chickens until such
time as the backyard chickens naturally reduce in number due to attrition.
Once attrition occurs, any person keeping in excess of the allowed number
of backyard chickens under Section 14-604 shall be in violation of this
article.
(c) A permit issued under this section shall be valid for one (1) year, and may be
renewed for each additional year thereafter upon compliance with this article,
as long as such article is in effect. The Neighborhood Services Department
may conduct a compliance inspection of the property in the event of a complaint
that the permit holder is in violation of this article.
(d) Failure to comply with the permit requirements shall constitute a violation of this
article and each day of noncompliance shall constitute a separate offense. An
offense may be grounds for revocation of the backyard chicken permit by the
Neighborhood Services Department.
Sec. 14-602. — Chicken coop and attached exercise area.
(a) Backyard chickens shall be kept within a chicken coop and attached exercise
area that is constructed and maintained in compliance with all requirements of
this article.
(b) The chicken coop and attached exercise area shall be located at least three
feet (3') from the property line or any other structures which would require a
permit for construction on the property which the backyard chickens are to be
kept.
(c) A chicken coop and attached exercise area that sits on a lot less than one
quarter acre (10,890 square feet) shall be located behind a fence that is at least
six (6) feet in height.
(d) Backyard chickens shall be kept within the chicken coop and attached exercise
area except:
(1) When being removed to be transported or returned from a location off
the property; or
(2) During daylight hours when the backyard chicken is under direct
supervision of an adult and is roaming in the rear yard of the person
holding a permit for backyard chickens.
Ordinance No.3825
Page 4 of 9
(e) The chicken coop shall have a minimum of ten (10) inches of roosting space
for each backyard chicken kept.
(f) There shall be at least one (1) nesting box for every four(4) backyard chickens
kept.
(g) Any chicken coop and attached exercise area that houses backyard chickens
shall be designed to keep the backyard chickens fully contained within the
chicken coop or exercise area.
Sec. 14-603. — Sanitary conditions required.
(a) The owner or occupant keeping or harboring any backyard chickens shall keep
and maintain all yards, chicken coops or other enclosures in which such
animals are confined in such a manner so as not to endanger the public health,
safety or welfare, or become a public nuisance in violation of Chapter 34,
Section 34-33 of this Code.
(b) All owners keeping or harboring backyard chickens shall comply with the
following sanitary regulations:
(1) Manure and droppings shall be removed from yards, coops and other
enclosures at least weekly and handled or disposed of in such a manner
as to keep the premises free of any nuisance;
(2) Storage of droppings or manure between such removals shall only be
permitted in permanent containers as defined in Section 66-1 of this
Code, and limited to areas that are not adjacent to neighboring
properties. Such container shall be sufficient to protect against the
breeding of flies or rodents, to prevent their migration into drainage
easements, and to prevent the migration of fly larvae (maggots) into the
surrounding soil;
(3) The feeding of vegetables, meat scraps, or garbage shall be done only
in impervious containers or on an impervious platform;
(4) Watering troughs or tanks shall be provided by the owner or occupant
of the property and shall be equipped with adequate facilities for draining
the overflow so as to prevent the breeding of flies, mosquitoes, or other
insects; and
(5) No putrescible material shall be allowed to accumulate on the property,
and all such material used to feed backyard chickens which is
unconsumed shall be removed and disposed of in compliance with
Ordinance No.3825
Page 5 of 9
Chapter 66, Article I of this Code.
(c) A violation of the provisions of this Section 14-603 is hereby declared to be a
public nuisance, in addition to a violation punishable by citation, and may be
abated in any manner authorized by law, in addition to or in lieu of prosecution
in municipal court.
Sec. 14-604. — Keeping of backyard chickens on residential property.
The keeping of backyard chickens shall be limited to single-family residential properties
under the following conditions (see chart included as Attachment "A"):
(a) For any lot size, if the distance between the exterior side of the chicken coop
on the property and the exterior side of the primary residential structures on all
adjacent properties is less than thirty (30) feet, no backyard chickens may be
kept on the property.
(b) For any lot size, if the distance between the exterior side of the chicken coop
on the property and the exterior side of the primary residential structures on all
adjacent properties is thirty (30) feet or greater but less than fifty (50) feet, six
(6) backyard chickens may be kept on the property.
(c) For properties in which the distance between the exterior side of the chicken
coop on the property and the exterior side of the primary residential structures
on all adjacent properties is fifty (50) feet or greater:
(1) If the property is 8,400 square feet but less than one half(1/2) acre, no
more than ten (10) backyard chickens may be kept.
(2) If the property is one half (1/2) acre but less than three-quarters (3/4) of
an acre, no more than fifteen (15) backyard chickens may be kept.
(3) If the property is three-quarters (3/4) of an acre or greater, no more than
eighteen (18) backyard chickens may be kept.
(d) Backyard chicken byproducts, including but not limited to eggs, meat, or
manure may not be offered for sale by, under the direction of, or with the
consent of a backyard chicken permit holder, or owner or occupant of the
property, except in accordance- with applicable federal, state, and local
regulations.
(e) All backyard chickens must be maintained so as to prevent them from escaping
from the rear yard of the property.
(f) It shall be a violation of this article for a backyard chicken to be found running
at large as defined in section 14-2 of this chapter.
(g) Backyard chickens and fowl, of any type, may not be surrendered to the North
Ordinance No.3825
Page 6 of 9
Richland Hills Animal Adoption and Rescue Center or any other city facility.
Sec. 14-605. — Expiration.
This ordinance establishing regulations and governing the keeping of backyard chickens
shall be subject to review for effectiveness by the North Richland Hills City Council, and
shall expire on November 30, 2025 ("Expiration Date"), unless such provisions are
otherwise modified earlier or extended by the North Richland Hills City Council beyond
the Expiration Date.
SECTION 5: Chapter 34, Article II, Sections 34-33(21) and (30) shall be amended to
read as follows:
Sec. 34-33. — Specific nuisances.
(21) Keeping or maintaining of fowl, other than backyard chickens as authorized by
Chapter 14, Article XVI of this Code of Ordinances.
(30) Keeping, raising or possessing, except within enclosures or cages and as allowed
by zoning, any fowl other than backyard chickens as authorized by Chapter 14, Article
XVI of this code with the intent to keep, raise or breed the same.
SECTION 6: Any person, firm, corporation, or organization who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than Five
Hundred Dollars ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 8: It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable,
and, if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
Ordinance No.3825
Page 7 of 9
SECTION 9: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 10: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
once.
SECTION 11: This ordinance shall be in full force and effect upon publication as required
by Section 10 herein.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 13th day of November, 2023.
CIT N T A-ND HILLS
y,r',iUIWltillii1//;
.a
`" ,+i5 r .;> ,
, O car Trey' o, Mayor
ATTEST. ,F e .',
bt-trj O• � ea•
Alicia Richardson
City Secretary/Chief Gov pari ' . r
4.9%--Tr,�°499f}491«o
APPROVED TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
RECOMMENDED:
Gam,
Paulette Hartman, Deputy City Manager
Ordinance No.3825
Page 8 of 9
ATTACHMENT "A"
This chart serves as supplemental information to Section 14-604.
Number of Backyard Chickens Allowed
Maximum number of
Lot size Distance from adjacent residential structures chickens allowed
Any lot size Less than 30 feet 0
Any lot size 30 feet or greater but less than 50 feet 6
8,400 Square feet but less than 1/2 Acre 50 feet or greater 10
1/2 Acre but less than 3/4 Acre 50 feet or greater 15
3/4 Acre or greater 50 feet or greater 18
Ordinance No.3825
Page 9 of 9
The Beaufort Gazette ➢urban I The HeraldSun The Modesto Bee
The Belleville News-Democrat Fort Worth Star-Telegram The'Sun News-Myrtle Beach
Bellingham Herald The Fresno Bee Raleigh News&Observer
S,a,H Daily Times The Island Rock Hill The Herald
McClatch S i Herald Tine Kansas City
Ilc Star The Sacramento See
Idaho Statesman Lexington Herald-Leader San Luis Obispo Tribune
Bradenton Herald The Telegraph-Macon Tacoma I The News Tribune
The Charlotte Observer Merced Sun-Star Tri-City Herald
The State Miami Herald The Wichita Eagle
Ledger-Enquirer El Nuevo Herald The Olympian
AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 490997 Print Legal Ad-IPLO1484220-IPLO148422 $47.84 1 50 L
Attention: ROBERT MYERS THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT
PO BOX 820609
NORTH RICHLAND HILLS,TX 761820609 Before me,a Notary Public in and for said County
and State,this day personally appeared Stefani
Beard,Bid and Legal Coordinator for the Star-
treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at
------------------------------------------------------------------------------- Fort Worth,in Tarrant County,Texas;and who,
CITY of after beingduly sworn,did depose and say that
NORTH RICHLAND HILLS Y p Y
ORDINANCE NO.3825 the attached clipping of an advertisement was
AN ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, published in the above named paper on the listed
AMENDING CHAPTER 14, ANIMALS, dates:
TO MODIFY ARTICLE XIII, SECTION
14-442, ADD ARTICLE XVI, BACK-
YARD CHICKENS,TO PROVIDE FOR
THE KEEPING OF BACKYARD CHICK- 1 insertion(s)published on:
ENS ON RESIDENTIAL PROPERTIES
WITHIN THE CITY OF NORTH RICH- 11/17/23
LAND HILLS,AND AMENDING CHAP-
TER 34,ARTICLE II, SECTION 34-33
TO DECLARE SPECIFIC NUISANCES;
PROVIDING A PENALTY; PROVIDING
THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES
AND REPEALING CONFLICTING PRO-
VISIONS;PROVIDING A SEVERABILI-
TY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICA-
TION; AND ESTABLISHING AN EF-
FECTIVE DATE.
Any person,firm,corporation,or orga-
nization who violates,disobeys,omits,
neglects or refuses to comply with or
who resists the enforcement of any of
the provisions of this ordinance shall
be fined not more than Five Hundred
Dollars ($500.00) for each offense.
Each day that a violation is permitted
to exist shall constitute a separate of-
fense.
PASSED AND APPROVED on this 13th
day of November,2023.
CITY OF NORTH RICHLAND HILLS worn to an subscribedbefore me this t ay o
Oscaarr Trevino,Mayor y y
By: Oscar Trevino February in the year of 2024
ATTEST:
/s/Alicia Richardson
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,City Attorney
IPLO148422
Nov 17 2023 r Q
Notary Public in and for the state of Texas,residing in
Dallas County
r
STEP,NMIE HIAT0IH-R
y Notalr, IO 4 13 5 .
*41 p. Expiros January 14,20.28
Extra charge for lost or duplicate affidavits.
Legal document please do not destroyl