CODES
ARTICLE V
SALE AND BREEDING OF ANIMALS
Section 5.01 Sale and Care of Certain Animals
A. A person commits an offense if he sells, offers for sale, gives as a prize, barters or displays any living chickens, ducks, goslings, rabbits or hamsters that have been artificially colored or any other fowl or animal which has been dyed, colored or otherwise treated so as to impart to them an artificial color.
B. A person commits an offense if he sells, offers for sale, gives as a prize, or commercially displays any chick, duckling or gosling younger than four (4) weeks of age.
C. A person commits an offense if he offers for sale or as a prize, or displays any chick, gosling or duck without providing such animal with a brooder or heating device as necessary to keep such animal in good health.
D. A person commits an offense if he fails to provide any animal described in this Section with adequate food and water at all times.
E. A person commits an offense if he sells or delivers live chickens, ducklings, goslings, or rabbits less than eight weeks of age to any person in quantities of less than five (5).
F. A person commits an offense if a person gives away any live animal as a prize or inducement for the purposes of attracting trade or business.
Section 5.02 Keeping of Fowl
A person commits an offense if he:
A. Keeps or maintains more than four (4) fowl on one-half (1/2) acre or less or at a distance closer than fifty feet (50') from any habitation located on another's property; or
B. Keeps or maintains more than ten (10) fowl on more than one-half (1/2) acre but less than one (1) acre at a distance closer than fifty feet (50') from any habitation located on another's property.
C. Keeps or maintains twenty-five (25) fowl or more on one (1) acre or more at a distance closer than fifty feet (50’) from any habitation located on another’s property.
D. Fails to keep any fowl of the Order Anseriformes from being at large; or
E. Fails to keep any fowl of the Order Galliformes contained within a coop or pen.
F. Keeps or maintains roosters except in an area zoned as agricultural.
Section 5.03 Livestock
A person commits an offense if he:
A. Keeps or stakes any horse, cow, sheep, goat or llama at a distance closer than one hundred feet (100') from any habitation located on another's property;
B. Keeps or stakes any pig, except potbellied pigs, at a distance closer than five hundred feet (500') from any habitation located on another's property;
C. Erects or maintains a structure, pen, corral or other enclosure for any horse, cow, sheep, goat or llama at a distance closer than one hundred feet (100') from any habitation located on another's property;
D. Erects or maintains a structure, pen, corral or other enclosure for any pig, except potbellied pigs, at a distance closer than five hundred feet (500') from any habitation located on another's property;
E. Keeps or stakes three (3) or more potbellied pigs at a distance closer than five hundred feet (500') from any habitation located on another's property; or
F. Erects or maintains a structure, pen, corral or other enclosure for three (3) or more potbellied pigs at a distance closer than five hundred feet (500') from any habitation located on another's property.
G. Keeps or stakes up to two (2) potbellied pigs at a distance closer than five hundred feet (500') from a habitation located on another person's property, when the animal's primary habitat is located outdoors.
Section 5.04 Exceptions
It is an exception to Sections 5.02 and 5.03 that:
A. The animal or structure was at a veterinary clinic or hospital, pet store, feed store, farm store or any similar establishment properly zoned for keeping such animals;
B. The structure, pen, corral or other enclosure was in existence at the time the premises on which it is located were annexed by the City of Arlington. However, if the ownership or primary use of the premises changes, this exception shall not apply; or
C. The structure, pen, corral or other enclosure was in existence prior to the time a habitation was erected on another's property.
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