The city animal care manager will be designated as the local health authority for the purpose of this chapter. Immediately upon intake at the animal care facility, the animal care manager shall be considered the designated caretaker of the animal for purposes of examinations, care, or disposition if necessary. His duties will be to enforce all city and state laws pertaining to the control of animals within the city. Any reference to the animal care manager will include his designee, any animal care officers, or law enforcement officer of the city.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-15; Ordinance 17-007, sec. 2, adopted 1/31/17)
(a) 
The animal care manager shall have the authority to issue citations and file charges in any court of competent jurisdiction for any violation of this chapter and any other power or duty stated within the terms of this chapter.
(b) 
It shall be unlawful for any person to knowingly prevent, interfere with, or obstruct the animal care manager in the performance of his duties. It shall be unlawful for any person to fail to comply with any lawful order of the animal care manager.
(c) 
The animal care manager has the authority to enforce any and all provisions of this chapter.
(d) 
The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of federal, state or local law.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-42; Ordinance 17-007, sec. 3, adopted 1/31/17)
The animal care manager shall have the power to impound animals that create an animal nuisance per se for the purpose of abating a nuisance and in cases where he has reason to believe an animal has been or is being cruelly treated, has rabies or exhibits other violations of law as follows:
(1) 
On public property, in all cases;
(2) 
On private property, if:
(A) 
The consent of the resident or property owner is obtained;
(B) 
He reasonably believes there is immediate and imminent danger or peril to the public or to the animal if the animal in question is not impounded; or
(C) 
Authorized by appropriate courts of law.
(3) 
The animal care manager has the right to pursue and apprehend animals running at-large onto private property while enforcing the provisions of this chapter.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-38; Ordinance 17-007, sec. 4, adopted 1/31/17)
(a) 
The animal care manager is authorized to immediately euthanize any animal found at-large or any impounded animal in the following circumstances:
(1) 
The animal appears to be suffering from serious injury, pain or agony;
(2) 
Circumstances exist which reasonably cause the animal care manager to believe that the animal presents a serious risk to the health or safety of the public;
(3) 
Circumstances exist which reasonably cause the animal care manager to believe that the animal presents a serious risk to the health or safety of the animal population of the city animal care facility or the animal population of the city.
(b) 
The animal care division may euthanize or release to a bona fide rescue entity or individual any impounded animal immediately upon declaration of evacuation of the city due to natural or manmade disasters; any quarantined animals will be handled at the discretion of the animal care manager, who is authorized to do one of the following:
(1) 
Euthanize any quarantined animal, remove the head or brain of the animal and submit it to the nearest Texas Department of State Health Services laboratory for testing for rabies;
(2) 
Release the quarantined animal to the owners, requiring the return of said animal upon request.
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-41; Ordinance 17-007, sec. 5, adopted 1/31/17)
When, from any cause, any animal within the city shall be sick, wounded, maimed or injured, so as to render its recovery hopeless, it shall be permissible for the animal care manager to euthanize, or cause to be euthanized, such animal so ill or injured, and as soon after such injury as practicable, and in such manner as in his judgment shall be the least painful, and to cause the carcass thereof to be removed.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-3; Ordinance 17-007, sec. 6, adopted 1/31/17)
If a person has been previously convicted of an offense under this chapter, a subsequent conviction shall be punishable by a fine of not less than two hundred dollars ($200.00) but not more than five hundred dollars ($500.00).
(Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-43; Ordinance 17-007, sec. 7, adopted 1/31/17)
It shall be unlawful to keep for sale any bird or domestic animal in any department store, novelty store or any other store or business establishment where food is served or sold to the public, unless such animals and birds are confined in enclosures and kept completely separated from the part of the store where food is served or sold.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-2)
It shall be unlawful for any person to offer, sell, trade, barter, lease, rent, give away, or display for commercial purpose any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market within the city. This provision does not prohibit the sale or purchase of animals from a person’s private residence.
(Ordinance 06-048, secs. 1, 2, adopted 8/22/06; 1978 Code, sec. 5-2.1; Ordinance 07-014, sec. 1, adopted 2/13/07; Ordinance 17-007, sec. 8, adopted 1/31/17)
(a) 
Commercial kennels generally; dog and cat fanciers permit.
(1) 
Commercial kennel.
(A) 
The words “commercial kennel” shall mean any lot, building, structure, enclosure or premises where one (1) or more dogs, cats or other pet animals are kept for commercial purposes, including boarding, breeding, sale of goods or animals, or the rendering of services for profit. No person, group of persons or business entity shall operate a commercial kennel without first having obtained a valid commercial kennel permit from the animal care division. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets, and/or the litter of animals kept and maintained by the holder of a dog and cat fancier’s permit, shall not be deemed and considered a commercial kennel. Unless the premises are covered by a commercial kennel permit, only one (1) litter from animals kept as household pets of a dog and cat fancier’s permit shall be allowed on premises at any given time.
(B) 
Such permit shall be for the calendar year or any part thereof during which such kennel shall be maintained. The yearly license fee for kennels shall be in accordance with section 4.10.001 of this code. The fee shall be due and payable in advance on or before January 1st of each year. No kennel permit shall be issued or renewed until an inspection certificate has been issued giving evidence that a sanitary inspection of the premises has been made by the animal care division of the city. The permit issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the permit holder. It shall be unlawful for the permit holder to keep, handle or exhibit any number of animals in excess of the maximum specified on the permit. All applicants for a kennel permit with the city, if required by state statute to be licensed by a state agency, the applicant must have a valid license issued by said agency to qualify for a permit by the city. The possession of a state license shall not in itself assure that a city permit will be granted.
(C) 
Should the animal care manager believe a commercial kennel permitted under this section is in violation of any zoning law, health law, or any other applicable law of the city or state or believe the commercial kennel is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, the animal care manager may provide written notice to the permit holder specifically stating the nature and facts supporting the nature of the alleged violation or detrimental condition. Such notice shall also state the intention to repeal the commercial kennel permit and provide an effective date of such permit repeal not less than twenty-five (25) days after the date of the letter of notice. Should the person or persons holding the commercial kennel permit desire to appeal the decision of the animal care manager such appeal should be made in writing within ten (10) days of the date of the letter of notice and in such case the animal care manager shall convene the animal care advisory committee to hear the appeal. The decision of the animal care advisory committee shall be final concerning revocation or nonrevocation of the commercial kennel permit. The decision of the committee shall be made prior to the date of repeal set out in the notice letter; if the decision is not timely made, the permit shall continue in full force and effect until a decision is made.
(D) 
This section shall not apply to and will not be construed to require a commercial kennel permit for:
(i) 
A veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care;
(ii) 
A bona fide publicly or privately owned zoological park;
(iii) 
A bona fide research institution using animals for scientific research;
(iv) 
A publicly owned animal shelter.
(E) 
A certificate shall be issued by the animal care division to the person paying for a commercial kennel permit, which certificate shall contain the data specified in this section and which certificate shall be displayed at all times in a prominent place in the kennel.
(F) 
The animal care division shall keep a permanent record of all commercial kennel permits issued under the terms of this section, which record shall show the name and address of persons being issued a kennel permit, the name and address of the kennel, the number of the commercial kennel permit, the date issued and the amount paid.
(2) 
Permit, dog and cat fancier.
(A) 
The words “dog and cat fancier’s premises” shall mean any lot, building, structure, enclosure or other premises where nine (9) or more dogs and/or cats, each over the age of four (4) months, are kept, harbored or maintained:
(i) 
For showing in recognized dog shows, obedience trials, or field trials.
(ii) 
For working and hunting.
(iii) 
For exhibition in shows and trials.
(iv) 
For household pets.
(B) 
No person may operate a dog and cat fancier’s premises without first having obtained a valid permit from the animal care division. A person may apply for a permit for a dog and cat fancier’s premises prior to purchase of such premises; in such case, the permit if issued may be issued subject to such purchase. The application shall be in writing and shall provide sufficient information to document the following:
(i) 
That the animals will not create nuisance conditions for adjoining or nearby properties;
(ii) 
That all animals will be securely confined to the property;
(iii) 
That adequate methods for sanitation and sewage disposal are provided;
(iv) 
A list of all animals by number, breed, sex, age, and color.
(C) 
Outside structures or enclosures used to maintain the animals should be located only in the back yard and shall not occupy more than twenty (20) percent of the yard area.
(D) 
The applicant shall pay to the city a nonrefundable fee of two hundred dollars ($200.00) at the time the application is submitted. If the application is acceptable to the animal care manager the permit shall be granted for a one (1) year period; otherwise the permit shall be denied. Appeals of denials will be handled in accordance with the provisions of subsection (F) of this subsection.
(E) 
Permits will be issued for one (1) year periods and must be renewed annually by payment in accordance with section 4.10.001. A permitted dog and cat fancier’s premises is an allowable use in any zoning classification. Prior to issuance of any permit, either original or renewal, the animal care manager shall inspect the premises to assure compliance with this section. The number, breed, sex, age, and color or colors of all animals shall be listed on the permit. No new animals may be added nor shall exchanges be allowed unless application for amendment to the permit is made and approved.
(F) 
Permits may be revoked by the animal care manager if provisions of this section, other ordinances of the city or the laws of the state, or the terms and conditions of the permit are violated. Appeals of revocation of a permit or the refusal to grant a permit shall be made to the animal care manager. The request for appeals shall be made in writing within five (5) days of the receipt of the written notification of the refusal to grant the permit or the revocation of the permit. Upon receipt of request for such an appeal, the animal care manager shall convene the animal care advisory committee to hear the appeal within fourteen (14) days. The decision of the animal care advisory committee shall be final.
(b) 
Structure requirements; feeding, watering, and sanitation.
(1) 
General structure.
(A) 
Structural strength.
Housing facilities shall be structurally sound and shall be maintained in good repair in order to protect the animals from injury, to contain them, and to prevent exposure to other animals.
(B) 
Water and electric power.
Reliable and adequate electric power, if required to comply with other provisions of this section, and adequate potable water shall be available.
(C) 
Storage.
Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.
(D) 
Waste disposal.
Provision shall be made for the removal and disposal of animal and food waste, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestations, odors, and disease hazards.
(E) 
Washrooms and sinks.
Facilities for personal hygiene, such as washrooms, basins or sinks, shall be provided for employees.
(2) 
Indoor facilities.
(A) 
Heating.
Indoor housing facilities shall be sufficiently heated when necessary to protect the animals.
(B) 
Ventilation.
Indoor housing facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation.
(C) 
Lighting.
Indoor housing facilities shall have ample light of sufficient intensity to permit routine inspection and cleaning during the entire work period. Primary enclosures shall be situated to protect the animals from excess illumination.
(D) 
Interior surfaces.
The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized.
(E) 
Drainage.
A suitable drainage method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.
(3) 
Outdoor facilities.
(A) 
Outdoor holding facilities shall be of adequate size and construction to handle any animal housed therein.
(B) 
Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather.
(C) 
Outdoor holding facilities must be constructed in such manner that they will protect the animal, be readily sanitized, and will not create a nuisance. A suitable method shall be provided to rapidly eliminate excess water.
(4) 
Primary enclosures.
Primary enclosures shall:
(A) 
Be structurally sound and maintained in good repair.
(B) 
Provide convenient access to clean food and water.
(C) 
Enable the animal to remain dry and clean.
(D) 
Be constructed so as to protect the animal’s feet and legs from injury.
(E) 
Provide sufficient space to allow each animal to turn around fully, stand, sit and lie in a comfortable, normal position.
(5) 
Feeding.
(A) 
Dogs and cats shall be fed at least once a day except as otherwise might be directed by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the dog or cat.
(B) 
Food receptacles shall be accessible to all dogs and cats and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dog food, and shall be kept clean and sanitary to prevent molding, deterioration, or caking of food.
(6) 
Watering.
(A) 
If potable water is not accessible to the dogs and cats at all times, it shall be offered to them at least twice daily for periods of not less than one (1) hour, except as directed by a licensed veterinarian.
(B) 
Watering receptacles shall be kept clean and sanitary.
(7) 
Sanitation.
(A) 
Cleaning of primary enclosures.
Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the inhabitants and to reduce disease hazards and odors.
(B) 
Sanitation of primary enclosures.
Cages, rooms and pens shall be maintained in a sanitary condition.
(C) 
Building and premises shall be kept clean.
(D) 
A regular program for the control of insects, ectoparasites, and other pests shall be established and maintained.
(Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 86-16, sec. 1, adopted 2/25/86; Ordinance 91-69, sec. 1, adopted 9/3/91; 1978 Code, secs. 5-17, 5-17.1; Ordinance 17-007, sec. 9, adopted 1/31/17)
(a) 
The maximum number of adult dogs and/or cats allowed at any residence is eight (8). Any combination of dogs and/or cats in excess of eight (8), with the exception of dogs or cats younger than four (4) months old, will constitute a violation.
(b) 
This provision does not apply if:
(1) 
The individual has a commercial kennel permit or a dog and cat fanciers permit; or
(2) 
The individual is registered as a bona fide rescue entity or foster family; in which case the maximum number allowed would be ten (10) adult dogs and/or cats in any combination.
(Ordinance 17-007, sec. 10, adopted 1/31/17)
It shall be unlawful and constitute the creation and maintenance of a public nuisance for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the canine species, which by loud or unusual barking, howling, or yelping shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-18; Ordinance 17-007, sec. 11, adopted 1/31/17)
(a) 
No person shall place or deposit the exposed carcass of any animal or fowl on any street, alley, highway or public place or upon private property or permit to stand any truck or other vehicle containing such carcass on any street, alley, highway or public place or on private property within the city. The term “exposed” as used in this section means the exposure of the carcass of an animal so that putrefying odors may escape and contaminate the air.
(b) 
Such person or persons shall cause the carcass of such animal or fowl to be disposed of as follows:
(1) 
Putting the carcass in tied, double plastic bags and placing at the edge of the driveway, close to but not on the roadway;
(2) 
Calling the animal care division upon immediate discover of the dead animal to pick up and dispose of the bagged dead animal before such time that the carcass begins to putrefy, decay and/or become infested with maggots.
(A) 
Any animal weighing 80 pounds or more must be disposed of by the owner or persons in possession of said dead animal.
(Ordinance 06-048, secs. 1, 2, adopted 8/22/06; 1978 Code, sec. 5-16; Ordinance 07-014, sec. 5, adopted 2/13/07; Ordinance 17-007, sec. 12, adopted 1/31/17)
In accordance with section 4.10.001, a fee will be charged for each trip made by the animal care division to pick up dead animals from veterinarians. The humane society shall be exempt from the payment of these fees.
(Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-27; Ordinance 17-007, sec. 13, adopted 1/31/17)