O-3409-7-16ORDINANCE NO. 3409-7-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 3, "ANIMALS AND FOWL" OF THE
CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, BY AMENDING
SECTION 3-1 TO ADD A DEFINTION FOR BACKYARD CHICKENS; BY
AMENDING SECTION 3-18 CHANGING THE TITLE OF THE SECTION TO
"LIVESTOCK AND FOWL"; BY AMENDING SECTION 3-18(E) AND ADDING
SUBSECTION 3-18(H) TO PROVIDE REGULATIONS FOR THE KEEPING OF
BACKYARD CHICKENS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 3 Article I of the Code of Ordinances of the City of Allen, Texas, is amended by
amending section 3-1 to add a definition for "backyard chickens" to read as follows:
"Sec. 3-1. - Definitions.
' ADD
"Backyard chicken" shall mean a female chicken (hen) which is possessed or harbored for the
purpose of providing organic egg production in compliance with this article."
SECTION 2. Chapter 3 Article I of the Code of Ordinances of the City of Allen, Texas, is amended by
amending Section 3-18 to change the title to the section from "Livestock" to "Livestock and Fowl" and to
amend Subsection 3-18 (e) to read as follows:
"Sec. 3-18 Livestock and Fowl
(e) It shall be unlawful for any person to keep any fowl, including but not limited to
roosters, chickens, ducks, turkeys, geese, pigeons or guineas. It shall be a defense to a violation
of this subsection (3) if (i) the fowl is kept more than one hundred fifty (150) feet from any
property line or (ii) the fowl is a backyard chicken kept in accordance with this Article."
SECTION 3. Chapter 3 Article I of the Code of Ordinances of the City of Allen, Texas, is amended by
amending section 3-18 to add subsection 3-18 (h) to provide regulations for the keeping of backyard chickens
to read as follows:
f1(h) A person may harbor or possess not more than four (4) backyard chickens on residential
' property after first having obtained a permit from the City for such location and payment of
a one-time penrut fee in an amount established from time to time by resolution of the city
council. Backyard chickens may not be kept on property, nor may a permit be issued if such
property is subject to any deed or home owner association restrictions or covenants that
prohibit the keeping of fowl or backyard chickens on such property. Failure to comply with
It shall be unlawful and an offense for any person to harbor or possess any backyard chickens on any
property in violation of this subsection (h)."
SECTION 4. All ordinances of the City in conflict with the provisions of this ordinance shall be, and the
same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended
hereby, which shall remain in full force and effect.
SECTION & An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinance No. 3409-7-16, Page 2
the conditions of this section shall be grounds for revocation of the permit by the City after
written notice thereof to the permit holder. The permit holder may appeal the revocation to
the city manager, or designee whose decision shall be final. Not more than one permit may
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be issued for an individual property, tract or residential lot. The permit is nontransferable and
terminates in the event the permit holder no longer resides at the property for which the
permit was issued or in the event the person ceases to harbor or keep backyard chickens on
the property. This subsection (h) shall not supersede, replace or control over any recorded
deed restrictions, covenants or other restrictions applicable to such residential property. A
person keeping backyard chickens on residential property shall comply with the following:
(1) Not more than four (4) backyard chickens may be kept on any one individual
Property, tract or residential lot;
(2) The backyard chicken(s) shall be kept within a secure chicken coop or other similar
structure except when being removed to be transported off of the property or returned
from a location off of the property;
(3) The chicken coop or other structure in which the backyard chicken is kept must be
located within the rear yard no closer than twenty (20) feet from any property line and at
a location which is not visible from any public street;
(4) The chicken coop or other similar structure in which the backyard chicken is kept
must be:
(i) constructed in a workmanship like manner of naturally decay resistant wood,
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or wood that has been pressure treated to resist decay, or galvanized steel or
aluminum;
(ii) constructed in such a manner as to be readily movable;
(iii) be stained, sealed or painted on the exterior to provide additional weather
protection to the materials of the chicken coop or structure; and
(iv) maintained at all times in a good, sound and clean condition.
It shall be unlawful and an offense for any person to harbor or possess any backyard chickens on any
property in violation of this subsection (h)."
SECTION 4. All ordinances of the City in conflict with the provisions of this ordinance shall be, and the
same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended
hereby, which shall remain in full force and effect.
SECTION & An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinance No. 3409-7-16, Page 2
11
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Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to
exceed the sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 8. This ordinance shall take effect immediately from and after its passage and publication of the
caption as the law and charter may require.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26m DAY OF JULY 2016.
APPROVED AS TO FORM:
1 /o&-47 V
Peter G. Smith, CITY ATTORNEY
(PGS 2-18-161M 75608)
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, TANIC, CITY SECRETARY
Ordinance No. 3409-7-16, Page 3