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OR 74 Makes it unlawful to keep cows, bulls or calves closer than 75 feet to inhabited dwellings AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 74 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO KEEP, ON ANY PREMISES UN- DER HIS CONTROL WITHIN THE CITY LIMITS COW, BULLS OR CALVES, WHERE SUCH PEN OR ENCLOSURE PERMITS SUCH ANIMALS TO MOVE CLOSER THAN SEVENTY FEET TO ANY INHABITATED DWELLING WITHOUT FIRST HAVING OBTAINED A SPECIAL PERMIT FROM THE CITY COUNCIL; REPEAL- ING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOIl VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. DEFINITIONS. "COWS" - For the purpose of this Ordinance the term "cow" or "cows" shall mean all cows, bulls or calves of any age. SECTION 2. LOCATION OF PENS AND ENCLOSURES. It shall be unlawful for any person to keep, on any premises under his control within the City limits, any cow or cows, where such pen or enclosure permits such animal or animals to move closer than seventy feet to any inhabited dwelling without first having obtained a special permit from the City Council as provided for in this Ordinance; provided that this distance requirement shall not apply to to the dwelling of the owner himself. SECTION 3. SPECIAL PE~4IT. The City Council may at its sole discretion issue a special permit authorizing any person to keep a cow or cows with- in the City under conditions which otherwise would be a violation of this Ordinance. In making its determination in connection with the issuance of such special permit,the City Council may, among other things, take into consideration tile following: How the land has been used in the past; the use being made of adjacent land; ob- jections, if any, raised by residents near the subject land; the total area of tile en- closure and any other physical aspect which would effect the time such anj_mal or animals might be nearer than one hundred feet to any residence; the number of animals involved and whether or not the land or the adjacent pro- perty is a part of a subdivision. Such special permit or any renewal thereof shall be issued in writing and approved by the City Council and shall contain any special conditions which the City Council may require. Such special permit may be revoked at the sole discretion of the City Council by giving thirty days written notice to the holder there- of. Service of said notice shall be given by placing the same in the U. S. Mail addressed to said special permit holder at his last known address. SECTION 4. TE~4 OF SPECIAL PERMIT. The City Council may issue such special permit for any term of days, months or years, provided however, the City Council may, without cause or showing of any change of condition, revoke such special permit, at its pleasure and sole discretion, subject only to the giving of such notice as may be required by this Ordi- nance. SECTION 5. REPEALING CLAUSE. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. However, the repeal of existing ordinances by this ordinance shall not effect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 6. SEVERABILITY CLAUSE: If any article, paragraph or sub-division, clause, phrase or provision of ~is Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part o.r provision thereof other than the part so decided to be invalid or uncon- stitutional. SECTION 7. PENALTY CLAUSE: Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of two hundred ($200.00) dollars for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 8. EI~RGENCY CLAUSE: The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of i~s caption as the law in such cases pro- vides. DULY PASSED by the City Council of the City of Coppell, Texas, this / ~ day of -~Z~'~;~ ..~ ~ 1971. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: