For the purpose of this chapter, the following phrases, words
and their derivatives shall be construed as defined in this section.
All other words shall have their usual meaning. Words used in the
present tense include the future; the singular number includes the
plural, and the plural includes the singular; reference to the male
gender includes the female; and references to any person or animal
without specifying gender include both male and female. The word “shall”
is mandatory and directory wherever it is used in the chapter. Whenever
a public official is referred to by only the title of his office,
such reference shall be construed as if followed by the words “of
the City of Lubbock or his authorized deputy,” unless the context
indicates otherwise. Other words defined are:
Leaving any animal(s) in an enclosure or location without
providing food, water, adequate shelter from sun, excessive heat or
cold, rain, hail, ice or snow, or failing to provide veterinary care
when needed to prevent suffering. This definition also includes leaving
any animal(s) at a residence or location that is not occupied by any
person(s) greater than 50% of any 30-day period, except while on business,
vacation or other customary absences.
Any living creature, except human beings, classified as a
member of the Kingdom Animalia and including, but not limited to,
mammals, birds, reptiles and fish.
Any person, partnership, or corporation engaging in the business
of buying, selling, or trading animals to others in any public area,
including, but not limited to, sale of any animal at a roadside stand,
booth, flea market, or other temporary site. This definition does
not include private party animal sales or government-operated animal
shelters.
Any facility or business that has custody or control of animals
within the city including, but not limited to, pet shops, pet grooming
facilities, animal auction facilities, or commercial kennels. This
term does not include veterinary or medical facilities, research or
other facilities licensed by government agencies.
Any exhibition or act featuring performing animals, including
circuses, temporary animal exhibits, petting zoos, and private zoos.
Such exhibitions shall not include resident or nonresident dog and
cat shows which are sponsored and/or sanctioned by the animal services
division.
An establishment operated by the city for the temporary confinement,
safekeeping, and control of animals which come into the custody of
the city.
Any guide dog, signal dog, or other animal individually trained
to do work or perform tasks for the benefit of an individual with
special needs, including, but not limited to, guiding individuals
with impaired vision, alerting individuals with impaired hearing to
intruders or sounds, providing minimal protection or rescue work,
pulling a wheelchair, or fetching dropped items.
An animal (excluding sterilized and registered cats) that
meets one (1) of the following criteria:
On premises of owner. Any animal not
confined to the premises of the owner by some physical means of sufficient
height, strength, length, and/or manner of construction to preclude
the animal from leaving the premises of the owner. Any animal being
contained by a fence that, because of the fence’s lack of height
or general disrepair, cannot properly restrict the animal shall be
considered at large.
Off premises of owner. Any animal
which is not physically and continually restrained by some person
by means of a leash or chain of proper strength and length that precludes
the animal from making unsolicited contact with any person, their
clothing, their property, or their premises.
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The term shall not include animals, with required permits, being
exhibited while under the immediate physical or vocal control of a
person, so long as the animal demonstrates complete and immediate
compliance with all physical or vocal commands of the person.
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Any place or facility where animals are regularly bought,
sold or traded. This definition does not apply to individual sales
of animals by private owners.
Any live or dead cat (Felis catus). Cats and related terms
are defined as follows:
Ear tipping. A technique
for painless removing of a quarter-inch off the top of a feral cat’s
left ear by a licensed veterinarian while the cat is anesthetized
for spaying/neutering for the purpose of permanently identifying a
feral cat that has been evaluated, vaccinated, and sterilized.
Feral cat. Any cat which
is too poorly socialized to be handled (and therefore must be trapped
and sedated for examination) and cannot be placed into a typical pet
home.
Feral cat caregiver. A person who feeds feral cats, performs trap-neuter-return, and
provides long-term care and monitoring for adult feral cats that are
returned.
Feral cat colony. Three
or more cats, “loosely owned,” “quasi-owned,”
or “marginally owned” who have been fed and cared for
at some level but are not claimed by any one person.
Free roaming cats. Cats
which are not confined to the house or an enclosure and are at large.
Managed feral cat colony. A group of feral cats living together and having strong blood ties
in which all cats have been sterilized and vaccinated and are provided
daily food and shelter by a feral cat caregiver. The caretaker follows
the most structured form of TVARM. This means to trap, vaccinate,
alter, return, and manage.
Registered feral cat colony. A feral cat colony that is registered with animal services and meets
all requirements of this chapter.
Stray cat. Cats which
are currently or recently owned which may be lost from their homes.
The city director of animal services, their authorized representatives,
local rabies control authority, animal services officers, a law enforcement
officer, or other authorized employees of the city. The director of
animal services shall be responsible for the enforcement of this chapter
and any regulations promulgated hereunder, unless otherwise provided
by law.
Establishments that engage in activities that include animal
dealer, animal establishment, and animal exhibition, as those terms
are defined herein.
Any individual animal which, because of its physical nature
and/or vicious propensity, would constitute a danger to human life
or property; or any animal that is possessed of tendencies to attack
or to injure human beings or other animals;
An animal that commits an unprovoked attack on a human being,
that causes bodily injury and occurs in a place other than an enclosure
in which the animal was being kept and that was reasonably certain
to prevent the animal from leaving the enclosure on its own;
An animal that commits unprovoked acts in a place other than
an enclosure in which the animal was being kept and that was reasonably
certain to prevent the animal from leaving the enclosure on its own,
and those acts cause a person reasonably to believe that the animal
will attack and cause bodily injury to that person; or
An animal that makes an unprovoked attack on a domestic animal
or domestic fowl that causes bodily injury or death, and which occurs
when such animal is at large.
Any animal not normally considered domesticated which, because
of its size, vicious nature, or other natural characteristic would
constitute a danger to human life, property, or domestic animals,
or any animal that is restricted from ownership by any state or federal
law including, but not limited to, the following animals:
Reptiles: venomous reptiles, crocodiles or alligators;
Birds: emus, ostriches, rheas, and any species illegal to own
under federal or state law;
Mammals: ocelots, lions, tigers, jaguars, leopards, cougars,
bobcats, wolves, dingoes, coyotes, jackals, elephants, weasels, martins,
minks, badgers, pandas, bears, raccoons, bats, foxes, skunks, cheetahs,
servals, caracals, hyenas, baboons, chimpanzees, orangutans, gorillas,
any species illegal to own under federal or state law, and any animal
which is, or may be hereafter, listed as a “high risk”
animal in the Texas Rabies Control Act; or
Any hybrid of any animal classified as a “dangerous wild
animal.”
The City of Lubbock Animal Services.
Any live or dead dog (Canis familiaris).
The city director of animal services, their authorized representatives,
local rabies control authority, animal services officers, a law enforcement
officer, or other authorized employees of the city. The director of
animal services shall be responsible for the enforcement of this chapter
and any regulations promulgated hereunder, unless otherwise provided
by law.
Any unbranded sheep, cattle, horses, or mules found running
at large, or any branded sheep, cattle, horses, or mules found running
at large, or any swine found running at large. The term does not include
any unweaned animal specified in this definition that is running with
its mother.
A tag issued by or on behalf of animal services by an authorized
issuing agent. Identification tags shall only be issued to animals
that are currently vaccinated against rabies and shall expire annually
or upon expiration of the rabies vaccination whichever occurs first.
Identification tags shall be issued annually to all dogs and cats
over the age of four (4) months.
The placing of an animal in the city’s animal services
facility or the taking into custody of an animal for the purposes
of transportation to the city’s animal services facility.
Any treatment of an animal prohibited by any provision of
law including federal, state and local laws, ordinances, or rules.
For purposes of this chapter only, any establishment where
a person, partnership or corporation keeps dogs or cats primarily
for the purpose of breeding, buying, selling, trading, showing, training
or boarding such animals.
Includes, regardless of age, sex or breed, horses, consisting
of all equine species including mules, donkeys, and jackasses; cows,
consisting of all bovine species; sheep, consisting of all ovine species;
llamas or alpacas; goats, consisting of all caprine species; and pigs,
consisting of all swine species.
A passive electronic device that is injected into an animal
by means of a hypodermic-type syringe device. Each microchip shall
contain a unique and original number that is read by an electronic
scanning device for purposes of animal identification and recovery
by the animal’s owners. The microchip implant shall be supplied
with an exterior collar-type tag for purposes of an external means
of notifying others that the animal has been implanted with a microchip.
An electronic scanner with an operating frequency that is
able to detect a microchip that has been implanted in an animal and
display the number of the microchip to its operator. The microchip
reader shall be of a type that activates and displays the number of
a microchip manufactured by multiple vendors.
Any animal, male or female, rendered incapable of breeding
or being bred.
Any person, partnership, corporation, association or legal
entity that harbors, shelters, keeps, controls, manages, possesses,
or has whole or part interest in any animal. The occupant, owner or
head of household of any premises where an animal remains for seventy-two
(72) hours or more shall be rebuttably presumed to be the owner of
such animal, unless the animal has been reported to the city enforcement
agency as a stray animal. An occupant of any premises on which a dog
or cat remains or customarily returns is a person responsible for
it under this chapter. If a person under the age of seventeen (17)
years owns an animal subject to the provisions of this chapter, the
head of the household of which such person under the age of seventeen
(17) years is a member shall be the person responsible for the animal
under this chapter. Such household head may himself be under the age
of seventeen (17) years and therefore subject to prosecution under
this chapter. There may be more than one person responsible for an
animal.
Any animal that may be kept as a pet within the city so long
as all of the required provisions of this chapter are met, and is
not a dangerous wild animal or a wild animal, including but not limited
to the following animals:
Reptiles: any nonvenomous reptile that is not protected from
ownership by any state or federal law;
Birds: any birds commonly kept as pets that are not protected
from ownership by any state or federal law, or any bird kept for falconry
purposes by a state and federally permitted falconer;
Fish: any fish commonly kept as pets that are not protected
from ownership by any state or federal law; or
Mammals: includes any mammals commonly kept as pets including
dogs, cats, ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats,
mice, chinchillas, and sugar gliders but not limited to these.
The use of any horse, pony, mule, donkey, or burro to provide
rides to, or to pull wagons containing, individuals other than the
animals’ owners, whether gratuitously or for a fee.
The individual sale of a pet animal by private owners to
other private owners that occurs at the residence of either the seller
or buyer.
The director of the city health department.
The conduct of any owner in allowing an animal to:
Engage in conduct which establishes such animal as a “dangerous
animal”;
Damage, soil, defile or defecate on private property other than
the owner’s or on public property, unless such waste is immediately
removed and properly disposed of by the owner of the animal;
Be “at large” (excluding sterilized and registered
cats that are identified by some means of traceable identification);
Cause a disturbance by excessive barking or noisemaking near
the private residence of another;
Produce odors or unclean conditions sufficient to offend a person
of normal sensibilities standing or which creates a condition conducive
to the breeding of flies or other pests;
Chase vehicles, or molest, attack or interfere with other animals
or persons, or is at large on public or private property; or
Create a condition that is dangerous to human life or health;
renders the ground, the water, the air or the food a hazard or injurious
to human life or health or that is offensive to the senses; or that
is detrimental to the public health.
Failure to secure and maintain proper fencing which has or may
allow the animal(s) to be at large.
To take into custody, place in confinement, and isolate from
human beings and other animals. The quarantine period for a dog, cat,
or a domestic ferret for rabies observation is ten (10) days or 240
hours from the date and time of the bite, scratch or other exposure,
or as recommended by the regional veterinarian from the department
of state health services.
The director of animal services or other designee of the
city manager.
A rabies certificate issued by a licensed veterinarian and
an identification tag recognized by animal services from an approved
issuing agent.
To control an animal by physical means so that it remains
on the premises of the owner, or, when off the owner’s premises,
by means of a cage or leash or rope under the direct control of a
person of sufficient strength to control the animal.
An animal rendered incapable of reproduction by means approved
by the American Veterinary Medical Association.
To chain, tie, fasten, or otherwise secure an animal to a
fixed point so that it can move or range only within certain limits.
Identificationby means of an identification tag or microchip
that can be readily used by animal services to identify the current
ownership of an animal.
The inoculation of an animal with a rabies vaccine that is
licensed by the United States Department of Agriculture for use in
that species and which is administered according to the label’s
directions by a veterinarian for the purpose of immunizing the animal
against rabies.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries of animals.
An organization that has met all of the state and federal
requirements to possess wildlife for educational purposes.
Any facility, other than a pet shop, kennel, or wildlife
education center, displaying or exhibiting one or more species of
nondomesticated animals, and operated by a person, partnership, cooperation,
or governmental agency.
(1983 Code, sec. 4-1; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)
(a)
An
owner, harborer, or other person in possession of a dog commits an
offense if he knowingly permits, or by insufficient control allows,
the dog to defecate in the city on private or public property and
fails to remove and dispose of any excreta the dog deposits.
(b)
An
owner, harborer, or other person in possession of a dog commits and
offense if he:
(1)
Knowingly permits the animal to enter or be present on private property
located in a public place; and
(2)
Fails to have in his possession materials or implements that, either
alone or in combination with each other, can be used to immediately
and in a sanitary and lawful manner both remove and dispose of any
excreta the animal may deposit on the property.
(c)
(1)
The property was owned, leased, or controlled by the owner, harborer,
or person in possession of the animal at the time it defecated;
(2)
The dog was specifically trained to assist a person with special
needs and was in possession of that special needs person at the time
it defecated or was otherwise present on the property;
(3)
The owner of the property or person in control of the property had
given prior consent for the animal to defecate on the property; or
(4)
The dog is a police canine being used in official law enforcement
activities.
(1983 Code, sec. 4-9; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)
(a)
Except
as provided by this section, no residence within the city shall harbor
more than four (4) adult dogs and/or four (4) adult cats, over the
age of sixteen (16) weeks. No residence within the city shall harbor
more than one (1) litter of puppies and/or one (1) litter of kittens.
(b)
Any
persons desiring to keep more than four (4) adult dogs, four (4) adult
cats, or more than one (1) litter of puppies or kittens at premises
occupied by them may apply with the director of animal services for
a multipet permit. The applicant shall pay an application fee at the
time of filing.
(c)
Inspections
are required and applicants shall provide the director of animal services
with information concerning the maximum number of animals to be kept
at any one time at such premises and other pertinent information as
required by animal services. Animal services shall conduct a record
search for the premises and applicant prior to the inspection. If
the record search indicates that enforcement action for violations
of this chapter dealing with nuisances has been necessary within the
preceding twenty-four (24) months, a permit may, at the discretion
of the director of animal services, be issued only after the premises
inspection determines compliance with the animal services regulations.
A permit shall not be issued if it is found that the animals cannot
be maintained without creating noise or odor nuisances otherwise being
detrimental to the public health, safety and welfare, or in a healthy
or sanitary environment. Applicants and persons with approved permits,
must consent to property inspections.
(d)
Such permit may be revoked by the director of animal services for cause, including, but not limited to, violations of the provisions of this chapter, chapter 40 of the Code of Ordinances, or the inability of the permit holder to keep the animals without creating noise or odor nuisances, otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment.
(e)
All
multipet permits issued under this section shall be valid for a period
up to two (2) years, unless the director of animal services revokes
the permit. Regardless of initial application and permit approval
date, each permit shall expire on March 31 of the second year following
approval. When issued, the permit shall remain the sole property of
the city and shall be valid only as to the applicant, location, and
number and type of animals for which it was originally issued. The
permit may not be sold or transferred, voluntarily or involuntarily,
to any other person or entity. Thirty (30) days prior to expiration
of the multipet permit, persons desiring to keep more than four (4)
adult dogs, four (4) adult cats, or more than one (1) litter of puppies
or kittens may apply to renew the multipet permit. The applicant shall
pay a permit fee at the time of filing the renewal application.
(f)
Any
person either denied a multipet permit, or who has had their permit
revoked, may file an appeal with the permit and appeals board. Such
appeal must be made in writing within ten (10) days of receiving written
notice from the director of animal services of the permit denial or
revocation. If no appeal request is made within the ten-day period,
the denial or revocation of the permit becomes final. Upon receiving
an appeal, the permit and appeals board shall hold a hearing at a
time and place of their designation. Based upon the recorded evidence
of such hearing, the permit and appeals board shall make a final finding.
(1983 Code, sec. 4-14; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)
(a)
The
director of animal services is responsible for maintaining the registry
of approved registered colony locations.
(b)
A
feral cat colony can be registered when the director of animal services
determines that a volunteer caregiver(s) can meet the following minimum
requirements:
(1)
Daily feeding will be maintained throughout the year.
(2)
Adult cats and kittens 8 weeks of age will be neutered and vaccinated.
(3)
Kittens eight (8) weeks of age will be removed from the colony before
8 weeks of age for domestication and placement.
(4)
Stray cats will be released or placed into the custody of animal
services.
(5)
Sick or injured cats will be removed from the colony for immediate
veterinary care or humane euthanasia.
(6)
Cats will be earmarked and microchipped for recognition as members
of a registered feral cat colony.
(7)
Responsibility for managed feral cat colonies can be transferred
to another feral cat caregiver with the director of animal services
approval only.
(8)
Location of a feral cat colony requires the approval of the property
owner or owners and the director of animal services.
(9)
Feral cat colonies may not be relocated. If the caregiver ceases
responsibility, the caregiver must immediately notify animal services.
(10)
Cat caretaker assumes all responsibility of humane trapping, maintenance,
and management of their approved registered colony.
(11)
Records of sterilization, vaccination, microchipping, and animal
identification will be provided to animal services upon request.
(c)
The
director of animal services is authorized to issue citations, revoke
registered cat colony permission, or issue citations to a feral cat
caregiver or obtain a search and seizure warrant if there is probable
cause to believe any requirement of this section is violated.
(1983 Code, sec. 4-15; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)
No owner or person shall display for commercial purpose, offer,
sell, trade, barter, lease, rent, or give away any live animal, on
any roadside, public right-of-way, commercial parking lot, or any
flea market. This provision does not prohibit the sale or purchase
of animals from a person’s private residence.
(1983 Code, sec. 4-31; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)
