§ 8-20. Regulation of slaughterhouses, slaughter pens, hide houses, rendering establishments and concentrated animal feeding operations in the extraterritorial jurisdiction of the city.

(a)

Definitions.

Concentrated animal feeding operation. A location where animals are confined for more than a 24-hour period and there is no natural forage in the confinement area.

Hide house. Also known as tannery—A place where animal hides are processed into leather or other products.

Rendering establishment. Any establishment or part of an establishment, a plant or any other premises at which dead animals or renderable raw materials are rendered, boiled, processed or otherwise prepared to obtain a product for commercial use or disposition, other than as food for human consumption. The term includes all other operations and facilities that are necessary or incidental to the establishment.

Slaughter house. A building where animals are killed for their meat or other products.

Slaughter pen. An outdoor facility where animals are killed for their meat or other products.

(b)

Offenses.

(1)

A person creates a nuisance and commits an offense if he initiates construction of, constructs, operates or maintains any slaughterhouse, slaughter pen, hide house, rendering establishment or concentrated animal feeding operation used for any purpose whatever, within 5,000 feet of the corporate limits of the city. It is a defense to prosecution under this subsection that a study, at the cost of the landowner, prepared by a professional firm acceptable to the city, has been finally approved by the city engineer addressing and mitigating all adverse impacts of the use on air, water, soil, other natural resources; adverse impacts on adjoining properties; adverse impacts on the city's waste water or stormwater facilities; and adverse impacts on members of the public from sounds, odors, dust, or disease from activities of such uses.

(2)

A person creates a nuisance and commits an offense if any land, structures, lots, pens, yards, barns, enclosed areas used for any of the following occurs less than 1,000 feet from any property line of such a facility:

a.

The storage of shipping containers with or without animals, or

b.

Transfer of animals, or

c.

Temporary storage of animals, or

d.

Processing of animals and the byproducts of animals, or

e.

Air monitoring and air emissions filtering equipment associated with operations, or

f.

Stormwater runoff detention, treatment or filtering associated with any aspect of operations, or

g.

Wastewater storage, treatment, processing or filtering associated with any aspect of operations.

(3)

A person creates a nuisance and commits an offense if he fails to stop, allows, permits or is in any way involved in the on-site incineration or on-site storage of animal bodily waste, animal refuse or waste animal byproducts of any such facility as set forth herein.

(4)

A person creates a nuisance and commits an offense if the animal storage area for any such use exceeds the animal density requirements as set forth in the City of Terrell Animal Control Ordinance.

(5)

A person creates a nuisance and commits an offense if the person does not obtain all required state, federal, and county permits and licenses pertaining to any such use.

(c)

Penalty and enforcement.

(1)

The penalty for an offense under this section shall be a fine not to exceed $2,000.00 per day per offense.

(2)

This section may also be enforced by injunctive relief or civil penalties, which shall not exceed $1,000.00 per day per offense, pursuant to and in compliance with Texas Local Government Code Chapter 54, Subchapter B.

(Ord. No. 2638, arts. I—III, 7-7-15)