The following words, terms, and phrases, when used in this chapter, have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning, or as provided for in applicable state law:
Abandon.
Leaving any animal 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 a person greater than fifty percent (50%) of time during any thirty (30) day period.
Altered animal (spayed/neutered).
Any animal, male or female, whose reproductive organs have been surgically removed.
Animal.
Any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings.
Animal care services.
A unit within the city responsible for the investigation and/or enforcement of the animal control chapter of the city's ordinances(s).
Animal control officer or ACO.
The person(s) designated by the city manager or, when required, the city council, to represent and act for the city in the impoundment of animals, controlling of stray animals, rabies control and eradication, investigation and/or enforcement of animal control ordinances, and as otherwise required in this chapter, that have successfully completed the training required by chapter 829 of the Texas Health and Safety Code, as amended, including any required continuing education training. The term also includes a city employee who is an authorized designee of the ACO.
Animal shelter.
Any facility operated by a county or municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter and operating pursuant to chapter 823 of the Texas Health and Safety Code, as amended.
Assistance animal.
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, fetching dropped items, or any other assistance animal as identified by state law.
At-large.
An animal that is not confined to the premises of its owner or of the person who at the time possess the animal pursuant to authority of the animal's owner by a containment device of sufficient strength and/or height to prevent the animal from escaping from such premises, or so arranged that the animal does not remain upon such premises when the device is stretched to full length in any direction. An animal shall not be considered at-large when held and controlled by a person by means of a leash or chain of proper strength and length to control the actions of the animal.
Auction.
Any place or facility where, or the process by which, animals are bought, sold, or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
Basic grooming.
Maintaining the eyes, ears, beaks, hooves, feet, nails, coat, and skin of an animal in such a manner that is reasonably necessary for the health and safety of the animal.
Cat.
Animals of the feline species of all ages, both male and female.
Confinement.
That state of being enclosed within a house, garage, or other building, or confined by leash or chain affixed to the animal's collar, under the control of a person, and adequate to prevent the animal from running at-large.
Dangerous animal.
An animal, other than a dog, that:
(1) 
Commits an unprovoked attack on a human being resulting in bodily injury and occurring in a place other than an enclosure in which the animal was being kept that was reasonably certain to prevent the animal from leaving the enclosure on its own;
(2) 
Commits an unprovoked act in a place other than an enclosure in which the animal was being kept that was reasonably certain to prevent the animal from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to the person;
(3) 
Commits an unprovoked attack on a domestic animal or domestic fowl that causes bodily injury or death when such animal is at-large; or
(4) 
Has a history to run, worry or kill goats, sheep or waterfowl or other animals owned by a person.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Dangerous wild animal.
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:
(1) 
Reptiles:
Venomous reptiles, crocodiles, or alligators;
(2) 
Birds:
Emus, ostriches, rheas, and any species illegal to own under federal or state law;
(3) 
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, lynx, bears, and any species illegal to own under federal or state law, and any animals which are, or may be hereafter, listed as a "high risk" animal in the Texas Rabies Control Act; or
(4) 
Any hybrid of any animal classified as a "dangerous wild animal."
Dog.
Animals of the canine species of all ages, both male and female.
Domestic 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 animal, or a wild animal, including, but not limited to the following animals:
(1) 
Reptiles:
Any non-venomous reptile that is not protected from ownership by any state or federal law;
(2) 
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;
(3) 
Fish:
Any fish commonly kept as pets that are not protected from ownership by any state or federal law; or
(4) 
Mammals:
Include any mammals commonly kept as pets including but not limited to dogs, cats, ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats, mice, chinchillas, and sugar gliders.
Dispense.
Sending an animal to a rescue organization, adopt out the animal to an owner, or humanely euthanizing an animal.
Dispose.
Transporting an animal to another location for destruction.
Eartipping.
The removal of the distal one-quarter of a feral cat's left ear, which is approximately 3/8-inch, or 1 cm, in an adult and proportionally smaller in a kitten performed under sterile conditions while the cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian. Eartips are designed to identify a feral cat as being sterilized and lawfully vaccinated for rabies.
Estray.
Any branded or unbranded livestock, fowl, exotic livestock, or exotic fowl running at-large.
Exotic animal.
An animal not defined elsewhere in this chapter
Feral cat.
A cat that is:
(1) 
Born in the wild or is the offspring of an owned or feral cat and is not socialized;
(2) 
Is a formerly owned cat that has been abandoned and is no longer socialized; or
(3) 
Living on a farm.
Foster care animal.
Any animal under the control of a member of a recognized local humane organization.
Fowl.
Chickens, turkeys, pheasants, quail, geese, ducks, or similar feathered animals, regardless of age, sex, or breed, excluding ostriches, emus and/or rheas.
Guard dog.
Any dog that will, due to training, handling, or conditioning, detect and warn its handler that an intruder is present in or near an area that is secured, and that may respond on command or independently to protect its owner or handler or any property belonging to them.
Harbor.
The act of knowingly or intentionally keeping and/or caring for an animal or providing a premises to which an animal returns for food, shelter, care, or protection from impoundment.
Humane trap.
Any trap designed to capture an animal without injuring the animal.
Invisible fence.
An electronic system designed to keep a domestic animal within a set of predefined boundaries without the use of a physical barrier by which a mild electric shock to the animal can be delivered by an electronic collar if a warning sound is ignored.
Livestock.
Species of animals that are normally suited for, or are kept or used on, a farm, ranch or similar setting for agricultural purposes such as animal husbandry, food or food production, production of fiber or clothing material, riding, driving, pulling, hauling, commerce, or similar purpose. For purposes of this chapter, the following and similar species of animals shall be considered to be livestock, regardless of age, breed, or sex, unless otherwise stated herein or determined by the ACO.
(1) 
Bovine.
The biological subfamily Bovinae includes a diverse group of ten (10) general of medium to large-sized ungulates, including domestic cattle, bison, African buffalo, water buffalo, and antelopes.
(2) 
Equine.
A term relating to horses, mules, zebras, and asses (the correct term for a donkey, burro, or jackstock).
(3) 
Goats (Caprine).
The domesticated form of capra hircus and includes, but is not limited to, domestic goats, pygmy goats, dwarf goats, fainting goats, angora goats, etc.
(4) 
Sheep (Ovine).
A term relating to sheep and includes, but is not limited to, domestic sheep, hampshire, suffolk, shropshire, churra, etc.
(5) 
Swine (Porcine).
A term relating to swine and includes, but is not limited to, domestic pigs, miniature pigs, potbellied pigs, Hampshire pigs, American Yorkshire pigs, Hereford pigs, etc.
(6) 
Ruminant.
Even-toed ungulate mammals that chew the cud regurgitated from its rumen and includes, but is not limited to, cattle, sheep, antelope, deer, giraffe, and their relatives.
(7) 
Camelid.
Any even-toed, ruminant mammals having a three-chambered stomach and including, but not limited to, camels, llamas, guanaco, alpaca, and vicuna.
Local rabies control authority (LRCA).
The person designated by the city council pursuant to Texas Health and Safety Code, section 826.017, as amended.
Local rabies control incident.
Any bite, scratch, or other injury to a person caused by a warm-blooded animal that breaks the person's skin and/or causes the person to bleed and potentially come into contact with the injuring animal's saliva and could therefore allow the rabies virus to be transmitted from the animal to the person.
Microchip implant.
A passive electronic device injected into an animal by means of a hypodermic-type syringe device that contains a unique and original read by an electronic scanning device for purposes of animal identification and recovery by the animal's owners.
Owner.
Any person who has legal or equitable title to any animal, harbors, or keeps any animal in the person's possession, or permits any animal to remain on or about the person's premises.
Possession.
Actual care, custody, control, or management of a certain animal.
Premises.
A parcel of land of one or more continuous lots.
Prohibited animal.
An animal not normally born and raised in captivity, including, but not limited to, the following:
(1) 
Class Reptilia.
Family Helodermatidae (venomous lizards) and Family Hydrophiidae (venomous marine snakes); Family Yiperidae (rattlesnakes, pit vipers and true vipers); Family Elapidae (coral snakes, cobras, and mambas); Family Columbridae-Dispholidus Typus (boomslang); Bioga Dendrophilia (mangrove snake) and Kirklandii (twig snake only); and Order Crocodilia (such as crocodiles and alligators).
(2) 
Class Mammalia.
Order Carnivores.
(A) 
Family Felidea (such as lions, tigers, bobcats, jaguars, leopards, cougars and savanah cats - hybrid of serval), except commonly domesticated cats;
(B) 
Family Canidae (such as wolves, dingoes, coyotes, foxes, and jackals), and any hybrid of an animal listed in this section except commonly domesticated dogs;
(C) 
Family Mustelida (such as weasels, skunks, martins, minks, badgers, and otters) except ferrets;
(D) 
Family Procyonidae (such as raccoons and coati);
(E) 
Family Ursidae (such as bears);
(F) 
Marsupialia (such as kangaroos, opossums, koala bears, wallabies, bandicoots, and wombats);
(G) 
Chiroperta (bats);
(H) 
Edentata (such as sloths, anteaters, and armadillo);
(I) 
Probosidea (elephants);
(J) 
Primata (such as monkeys, chimpanzees, orangutans, baboons, and gorillas); or
(K) 
Rodentia (such as beavers and porcupines).
(3) 
Class Arnphibi.
Poisonous frogs; does not include non-venomous reptiles or non-venomous snakes.
(4) 
Exceptions.
Any of the above animals may be permitted if under the care of a person who holds a state licensed wildlife rehabilitation permit pursuant to the Texas Administrative Code, title 31, part 2, chapter 69, subchapter C, as amended, and presents such valid permit to animal care services.
Public nuisance animal.
Any animal that unreasonably disturbs one or more people, endangers the life or health of another animal or person, or substantially interferes with the rights of one or more people, other than the animal's owner, to the enjoyment of life and property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
(1) 
Is repeatedly found at-large;
(2) 
Damages the property of anyone other than its owner;
(3) 
Molests or intimidates pedestrians or passersby;
(4) 
Chases vehicles or molests, attacks, or interferes with other animals or people, or is at-large on public or private property;
(5) 
Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to one or more people of reasonable sensitivity in close proximity to the premises where the animal is kept or harbored;
(6) 
Causes fouling of the air by odor and thereby creates unreasonable annoyance, disturbance, or discomfort to one or more people of reasonable sensitivity in close proximity to the premises where the animal is kept or harbored;
(7) 
Creates 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;
(8) 
Attacks other domestic animals; or
(9) 
Damages, soils, defiles, or defecates on private property, other than the owner's property, or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner.
Quarantine.
To confine and isolate from people and other animals in a state-approved quarantine facility or in compliance with all stipulations of a home quarantine when allowed by the LRCA.
Shelter.
An adequately ventilated structure that is capable of providing cover and protection from the weather constructed with a minimum of three sides with a top and a bottom, and bedding material, and large enough so that the animal can enter, stand, turn around, and lie down, but small enough to prevent the loss of body heat during cold weather.
Stray.
An animal that is not properly restrained and that wanders upon a public place, roadway, street, highway, or the property of another person.
Trap-neuter-release.
The process of humanely trapping, sterilizing, vaccinating for rabies, eartipping, tattooing, and returning feral cats to their original location.
Unaltered animal (not spayed/not neutered/intact).
Any animal, male or female, whose reproductive organs are intact and functional.
Vaccination.
An injection of any vaccine to produce immunity against a disease or inoculation approved by the department of state health services and administered or supervised by a licensed veterinarian.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Unless otherwise stated in this chapter, a person convicted of a violation of this chapter shall be as provided in section 1.01.009(a) and (e) of this code.
(b) 
Any person commits an offense if, with intent to deceive, he knowingly makes a false report or statement, either verbal or written, that is material to an investigation of an alleged violation of this chapter to an animal control officer, police officer, or other person authorized to enforce provisions of this chapter.
(c) 
A person who intentionally or knowingly interferes with the ACO in the performance of the ACO's duties under this chapter commits an offense under this chapter.
(d) 
Nothing in the chapter, including but not the provisions of this section, shall be construed as prohibiting or limiting the assessment of fines and/or penalties upon conviction of a person for a violation of state and/or federal law for acts or omissions that also constitute a violation of this chapter.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
The following fees shall be adopted from time-to-time by resolution or ordinance approved by the city council and included in the city's master fee schedule:
(1) 
Impoundment fee;
(2) 
Boarding fees;
(3) 
Rabies vaccination;
(4) 
Registration;
(5) 
Veterinary bills;
(6) 
Rabies quarantine;
(7) 
Rabies specimen testing;
(8) 
Owner release;
(9) 
Deceased animal removal;
(10) 
Flea treatment; and
(11) 
Bordetella vaccination.
(b) 
The city manager or designee is authorized to reduce, refund, or waive any fees under this chapter when such action is necessary or deemed in the best interest of the city.
(Ordinance 2021-1286 adopted 9/14/21; Ordinance 2022-1294 adopted 6/28/2022)
(a) 
Enforcement generally; citations.
The ACO shall have the authority to issue a citation for any violation of this chapter. It shall be unlawful for any person, upon being issued a citation, to intentionally or knowingly give the ACO a name or address other than the person's true name and address. If the person being cited is not present, the ACO or designee may send the citation to the alleged offender by certified mail, or registered mail, return receipt requested, whereupon service shall be deemed completed. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.
(b) 
Right to ingress.
The ACO shall have the right of ingress on any property within the city in order to carry out the provisions of this chapter, and to determine the condition of any animal, bird, or fowl. However, in no event shall the ACO enter a structure used for human habitation without consent of the occupant unless first securing a search or arrest warrant and/or securing consent of the owner of the property for a premises inspection provided for in section 4.01.006. The ACO shall have the right of ingress and egress on private property for the purpose of apprehending an animal at-large.
(c) 
Authority to carry tranquilizer guns.
The ACO is hereby authorized to carry a loaded tranquilizer gun approved by the chief of police or appropriate city official on the ACO's person, or in city vehicles, when acting in the course and scope of the ACO's employment and may use the tranquilizer gun only in the lawful discharge of the ACO's duties.
(d) 
Authority to euthanize animals.
The ACO shall have the authority to humanely euthanize animals in accordance with section 821.052 of the Texas Health and Safety Code and the Euthanasia Reference Manual, as published and amended by the Humane Society of the United States, only in situations allowing euthanization by the Texas Penal Code or any applicable state law.
(e) 
Authority to use other weapons.
The ACO shall have the authority to use other weapons upon demonstration of proficiency, which will be documented through a valid use of force report on file with animal care services. Qualifications for firearms will be achieved through the police department. Other weapons shall only be used in the lawful discharge of the ACO's duties and shall not be used in violation of any applicable state law.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Keeping excessive number of animals; animals creating disturbance.
(1) 
No person shall keep or harbor on the person's premises, or elsewhere in the city, more than the maximum number of animals permitted by this chapter.
(2) 
No person shall keep or harbor on the person's premises or elsewhere any animal or fowl of any kind that makes or creates a disturbance to the occupants of adjacent premises or persons living in the vicinity thereof or permit such animal to make or create disturbing noises by howling, barking, crowing, bawling or otherwise. If such disturbance creates a sound pressure level exceeding 65 dB(A) at the property boundary of the premises where the animal or fowl is located not less than five (5) times in a thirty (30) minute period, such person shall be presumed to have violated this section.
(b) 
Animals emitting odors; pest control.
It shall be unlawful for any person to maintain any animal or fowl in such a manner that people present on adjacent or nearby property are subjected to obnoxious odors. All persons keeping animals shall keep their premises clean and free from obnoxious odors as well as flies, mosquitoes, and other insects.
(c) 
Poop and scoop.
(1) 
It is an offense for any person to harbor or keep an animal on the person's premises, or on or about premises under the person's control, to allow such premises to become a hazard to the general health and welfare of the community or allow such premises to give off obnoxious or offensive odors due to the activity or presence of such animals.
(2) 
It is an offense for any person to allow the person's animal to defecate on public property or on the property of another and fail to immediately remove such waste.
(d) 
Animals trespassing, attacking other animals, or damaging property.
It shall be unlawful for any person to maintain any animal in any area which constitutes a nuisance by reason of repeated trespassing on public or private property, attacks on other animals, or damage to public or private property.
(e) 
Surgical alteration required.
Any owner of a dog or cat who has a documented restraint violation in accordance with this chapter on three (3) occasions within a twelve-month period shall have the animal spayed or neutered not later than seven (7) days of written notification by the ACO. Verification from the veterinarian performing the surgery shall be provided to the ACO in writing within seven (7) days of the surgery.
(Ordinance 2021-1286 adopted 9/14/21)
Upon receiving a complaint, premises where livestock, fowl, or animals are kept or maintained shall be subject to inspection, by the ACO at any reasonable hour of the day in the presence of the owner. If such premises is within a structure used for human habitation, the ACO shall not enter for inspection without consent of the occupant without first securing a search or arrest warrant and/or securing consent of the owner.
(Ordinance 2021-1286 adopted 9/14/21)
If a stray animal is found upon the premises of another, the occupant of the premises may confine the animal only for so long as reasonably necessary to notify the ACO and for the ACO to have the animal impounded. In attempting to confine the animal, the occupant shall not use any force that is intended or known by the occupant to cause, or in the manner of its use is capable of causing, death or injury to the animal.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
An animal shall not be confined in a vehicle unless the windows of the vehicle are all at least partially open, and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a vehicle in a manner that the ACO believes threatens its health, any ACO, peace officer, or firefighter/paramedic may enter the vehicle by whatever force is necessary to release the animal without liability upon the city for any resulting damage to person and property.
(b) 
Any person who owns or has custody or control of an animal that has been confined in a vehicle in a way that threatens its health may be charged with a violation of this chapter.
(c) 
Any animal that has been confined in a vehicle in violation of this chapter may be impounded. In the event of any such impoundment, the owner or keeper of the animal shall be liable for all costs and expenses of impounding or keeping the animal before the animal is returned to owner.
(Ordinance 2021-1286 adopted 9/14/21)
Any operator of a motor vehicle who strikes a domestic animal shall immediately report such injury or death to the animal's owner and/or the city police department.
(Ordinance 2021-1286 adopted 9/14/21)
No person shall exhibit any animal indecently, nor shall any person let any male animal to any female animal unless the same be done in some place wholly enclosed and out of public view.
(Ordinance 2021-1286 adopted 9/14/21)
It shall be the responsibility of the owner of an animal or the property owner where an animal has died to properly dispose of the dead animal within a twenty four (24) hour period. The ACO has the authority to retrieve and dispose of any dead animal found on public property, including assisting a citizen with such disposal, if requested. The owner of the property from which a dead animal is removed by the ACO shall be responsible for the payment of fees for such removal.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Fowl and domestic animals.
Any pen or enclosure in which fowl, rabbits, guinea pigs, or other domestic animal(s) are kept must be secure and cleaned and disinfected daily. Litter and droppings from such fowl, rabbits, guinea pigs, and other domestic animal(s) must be collected daily and hauled away.
(b) 
Keeping honeybees.
(1) 
Restrictions.
A person may not keep a bee colony that causes a threat to human or animal health or interferes with normal use and enjoyment of public or private property.
(2) 
Apiary maintenance.
(A) 
A person shall provide a source of water within twenty (20) feet of a bee colony to prevent the bees from congregating at a water source used by humans, birds, or domestic pets.
(B) 
A person shall store or dispose of bee comb or other material removed from a hive in a sealed container, building or other bee-proof enclosure.
(3) 
Hive location.
(A) 
A person shall not locate a hive within fifty (50) feet of the property line of a habituated tract of land, as measured from the nearest point of the hive to the property line.
(B) 
A person, who keeps a bee colony within one hundred (100) feet of the property line of a habitat tract, as measured from the nearest point of a hive to the property line, shall establish and maintain a flyway barrier parallel to the property line and notify the other property owner(s) of the bee's presence.
(4) 
Colony density.
A person may not keep more than:
(A) 
Two (2) bee colonies on a tract one-quarter acre in area or smaller.
(B) 
Four (4) bee colonies on a tract larger than one-quarter acre in area but smaller than one-half acre in area.
(C) 
Six (6) bee colonies on a tract one-half acre or more in area but smaller than one acre in area.
(D) 
Eight (8) colonies on a tract one acre or more in area.
(5) 
Hive identification and ownership.
(A) 
Except as provided in subsection (B), below, a person shall:
(i) 
Brand, paint, or otherwise clearly mark the apiary owner's name and telephone number on at least two hives placed at opposite ends of an apiary; or
(ii) 
Post a conspicuous sign displaying the apiary owner's name and telephone number at the entrance to the apiary tract.
(B) 
A person is not required to place owner identification on or near a colony located on a tract on which the owner resides.
(6) 
Destruction of wild or abandoned bees.
Animal care services may order the relocation or destruction by a qualified beekeeper at the owner's expense of a colony not residing in a hive, a swarm of bees, or a colony residing in an abandoned standard or manmade hive, if contaminated with or known to have Africanized honeybees (killer bees).
(c) 
Potbellied pigs.
Potbellied pigs kept in the city:
(1) 
May not exceed eighteen (18) inches at the shoulders;
(2) 
May not weigh more than sixty (60) pounds;
(3) 
Shall be kept inside the owner's residence other than at those times necessary for the elimination of waste or for exercise; and
(4) 
Must be spayed or neutered and have their tusks removed.
(d) 
Ferrets.
Ferrets kept in the city shall be spayed or neutered and kept inside the owner's residence at all times. Cages used for the keeping of these animals must be maintained in a clean and sanitary condition at all times.
(e) 
Pygmy goats.
Pygmy goats kept in the city must be spayed or neutered.
(f) 
Exotic animals.
It shall be unlawful for any person to keep exotic animals in the city without first obtaining a permit from animal care services. Such permit shall be valid only for the location for which it is issued. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain a permit pursuant to this subsection (f). Every person who is the keeper of any exotic animals shall make an application in writing for a permit to keep such exotic animals upon forms prescribed and furnished by animal care services. Permits issued pursuant to this subsection (f) shall be valid for one year from the date of issuance.
(1) 
Applications for a permit to be issued pursuant to this subsection (f) shall include the following information:
(A) 
Name, address, and telephone number of the person making the application;
(B) 
Driver's license number, state of issuance, and date of birth of the person making the application;
(C) 
The name, description, species, sex, age, and number of exotic animal(s) to be kept at the premises;
(D) 
A statement giving permission for the ACO to inspect the premises where the exotic animal is kept;
(E) 
Signature of the applicant; and
(F) 
Signature of the ACO approving the permit.
Applications must be accompanied by the required fee.
(2) 
Each exotic animal must be provided with a separate, adequate cage or enclosure and shall remain separated from other exotic animals at all times, which cage or enclosure shall be:
(A) 
Constructed in a manner capable of preventing the animal from escaping;
(B) 
Large enough to afford the animal mobility and allow it to turn, stretch and move about at will;
(C) 
Maintained in a clean and sanitary condition at all times; and
(D) 
Located within a structure equipped with climate control for both heat and cooling.
(3) 
A permit for the keeping of exotic animals may be revoked as follows:
(A) 
Upon receiving a written complaint regarding the keeping of exotic animals, the ACO shall investigate the complaint and report all findings on a prescribed form for such investigation.
(B) 
The ACO may revoke or deny any exotic animal permit and impound any exotic animals under certain conditions, including, but not limited to:
(i) 
After determining, with the assistance of a veterinarian, that the animal was abused or neglected;
(ii) 
The holder of the permit is found to be in violation of this chapter; or
(iii) 
The holder of the permit is harboring on the premises for which the permit is issued exotic animals in addition to those specified on the permit.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Humane traps shall be used to trap animals within the city, whether on public or private property. The person who places the trap, or who requests its placement, shall be responsible for checking the trap, the care of the animal while it is in the trap, and the notification to animal care services of any captured animal. All traps shall be checked at least daily.
(b) 
No traps shall be placed upon public or private property prior to issuance of a trapping permit by animal care services. A trapping permit will be valid for ninety (90) days from the date of issuance following payment of the fee set forth in the city's master fee schedule. The person setting the trap shall properly label the trap, indicating the name and contact information for the owner and the date permission was obtained from animal care services for setting the trap.
(c) 
Offenses: A person commits an offense if the person:
(1) 
Places and/or baits, or allows the placing and/or baiting, of a steel-jawed trap, a body hold trap, any snare trap, any noose-type trap, or any other trap designed, used, or adapted to be lethal or cause serious bodily injury or death of an animal;
(2) 
Places and/or allows the placing of any substance, article, or bait that has in any manner been treated with any poisonous or toxic substance, including anti-freeze, or any drug in any place accessible to human beings, birds, dogs, cats or any other animal with the intent to kill or harm;
(3) 
Fails to check a trap the person has placed and/or baited, or allowed to be placed and/or baited, at least once every twenty-four (24) hours;
(4) 
Places and/or baits, or allows the placing and/or baiting, of any trap without first obtaining written permission from animal care services when the low temperature is expected to be below thirty-five (35) degrees Fahrenheit, is above one hundred (100) degrees Fahrenheit, or when a weather advisory has been issued;
(5) 
Places and/or baits a trap, or allows the placing and/or baiting of any trap, designed for trapping animals on any highway, street, alley, or other public place within the city unless written permission by animal care services has been previously granted. This subsection (c)(5) shall not apply to a city enforcement agent or an agency with written permission from animal care services for placing the trap on public property;
(6) 
Removes, alters, damages, or otherwise tampers with a trap or equipment belonging to or placed at the request of animal care services; or
(7) 
Places and/or baits a trap, other than a commercially available trap solely designed to exterminate mice, rats, or insects, for commercial profit, without identifying the trap with the name, telephone number, and Texas Department of Agriculture Structural Pest Control Applicator license number of the applicator who placed and baited the trap. Commercial traps that are not readily identifiable are subject to seizure and fine.
(d) 
Any trap found to be set in violation of this chapter may be confiscated by an animal control officer or city enforcement agent and held as evidence in the case for the offense.
(e) 
It is a defense to a violation of this section if the person is exterminating rats, mice, or insects through the use of traps, poisons, or any commercially available means when used in the person's residence, property, accessory structure, or commercial establishment and in accordance with the manufacturer's directions if the person is taking reasonable precautions to ensure that no human, pet, or wild animal, other than the targeted species, comes into contact with the traps, poisons or other means and that does not violate any other section of this chapter.
(f) 
The use of a city-owned humane trap to trap skunks is prohibited. Any person who catches a skunk with a privately owned humane trap must release the skunk or contact a private company to have the skunk removed within twenty-four (24) hours.
(Ordinance 2021-1286 adopted 9/14/21)
The following actions shall be permitted in the city as part of a trap-neuter-release program:
(1) 
Trapping for the sole purpose of sterilizing, vaccinating for rabies, tattooing, and eartipping feral cats, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian, where applicable.
(2) 
An eartipped cat received by animal care services will be returned to the location where trapped unless veterinary care is required. A trapped eartipped cat will be released on site unless veterinary care is required.
(3) 
A person who returns a feral cat to its original location or close proximity while conducting trap-neuter-release is not deemed to have abandoned the cat.
(4) 
Trap-neuter-release shall be the preferred disposition for impounded feral cats. animal care services is authorized and encouraged to conduct trap-neuter-release or to direct impounded feral cats to a trap-neuter-release program.
(5) 
Animal care services shall create, establish, and carry out standard operating procedures for the trap-neuter-release program.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
A person commits an offense if the person:
(1) 
Docks the tail or removes the dew claws of an animal over five (5) days of age, or crops the ears of an animal of any age, unless the person is licensed to practice veterinary medicine in the state;
(2) 
Removes from its mother any dog, cat, ferret, or rabbit less than six (6) weeks old, or any other animal that is not yet weaned, except as advised by a licensed veterinarian;
(3) 
Dyes or otherwise artificially colors any animal with anything other than a non-toxic dye specifically created for dogs and cats that is, applied in a humane manner;
(4) 
Displays, transfers ownership, or offers to transfer ownership of any dyed or otherwise artificially colored animal, except as provided in subsection (a)(3) above;
(5) 
Abandons any animal the person owns or possesses at the animal care services facility, any other place of business, on public property, or with any person that has not consented or has revoked consent to be responsible for the care of the animal;
(6) 
Fails to reclaim from the animal care services facility or from any person who had temporary possession of the animal any animal the person owns;
(7) 
Fails to notify animal care services within twenty-four (24) hours after the person strikes an animal on an alley or street within the city while operating a motor vehicle;
(8) 
Euthanizes, kills, or attempts to euthanize or kill an animal in a manner other than authorized by this chapter;
(9) 
Causes or allows an animal to remain in its own filth;
(10) 
Owns or has care, custody, or control of an animal having an infestation of ticks, fleas, or other parasites, without having the animal treated by a veterinarian or following a proper commercially available treatment regimen for the infestation;
(11) 
Owns or has care, custody, or control of an animal having an obvious or diagnosed illness, injury, or communicable illness transmittable to animal or human, without having the animal treated by a veterinarian or following a proper treatment regimen for the injury or illness;
(12) 
Fails to provide basic grooming for an animal;
(13) 
Fails to adequately provide an animal owned by or under the person's care, custody, or control with necessities of life, including food, potable water, sanitary conditions, shelter, or protection from the heat, cold, other environmental conditions, or other circumstances that may cause bodily injury, serious bodily injury, or death of the animal;
(14) 
Transfers ownership or offers to transfer ownership of any chicken, duckling, or rabbit younger than sixteen (16) weeks of age in quantities of less than twelve (12) to a single purchaser;
(15) 
Mutilates or allows to be mutilated any dead animal for reasons other than food preparation or taxidermy; provided, however, dissection in compliance with medical or veterinary research, medical or veterinary necropsy, and bona fide educational use of dead animals shall be a defense to this subsection (15);
(16) 
Attaches or allows to be attached a collar or harness to an animal that is of an inadequate size so that it restricts the animal's growth or causes damage to the animal's skin;
(17) 
Attaches or allows to be attached a tether that is not appropriately sized for the animal or so heavy as to restrict or burden the animal's movements;
(18) 
Displays, transfers ownership, or offers to transfer ownership of any turtle with a carapace of less than four (4) inches in length; or
(19) 
Teases, taunts, or provokes an aggressive reaction from an animal.
(b) 
This section shall not be interpreted to restrict the lawful activities and legitimate operations of rodeos, 4H Clubs, or FFA Clubs.
(Ordinance 2021-1286 adopted 9/14/21)
Except as provided herein, all animals within the city, excluding mice, rats, rabbits, guinea pigs, hamsters, gerbils, ferret, fowl, and snakes, shall be marked by some type of identifying license, tag, microchip, band, tattoo, and/or brand by which the animal's owner can be identified.
(Ordinance 2021-1286 adopted 9/14/21)
It shall be unlawful for a person to tease, annoy, disturb, molest, or irritate in any manner an animal that is confined to the owner's premises.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
It shall be unlawful for any person to hunt, shoot, intentionally injure, or kill within the city:
(1) 
Any wild bird, animal, mammal, or reptile; or
(2) 
Any domestic bird, animal, mammal, reptile, or pet that is not owned by the person.
(b) 
It is a defense to a violation of this section that the person killed a venomous snake, or the person is employed by animal care services or is a law enforcement officer using certain firearms in emergency field conditions where such actions are provided for by law or city policy.
(Ordinance 2021-1286 adopted 9/14/21)
It shall be unlawful for any person to shoot a domestic animal within the city limits. It shall be a defense to a violation of this section that:
(1) 
The domestic or wild animal shot was a vicious animal and presented an immediate threat to personal or public safety; or
(2) 
The person is an employee of animal care services or a law enforcement officer using certain firearms in emergency field conditions where such actions are provided for by law or city policy.
(Ordinance 2021-1286 adopted 9/14/21)
It is unlawful for any person to:
(1) 
Break into, open, pull down the enclosure of, or make any opening into the animal shelter or any enclosure belonging to or used by the city to impound or keep animals; or
(2) 
Turn out or release, cause to be turned out or released, or aid and abet the turning out or release of any animal from the animal shelter, from an impoundment vehicle or from an enclosure used by the city for the impoundment of animals.
(Ordinance 2021-1286 adopted 9/14/21)
It is unlawful for any person, whether for himself or as the agent of another or others, to keep or to participate in keeping any horse, hog, cattle, sheep, goat, other livestock and/or fowl in any pen or lot used to confine any such multiple animal operation within five hundred (500) feet of any water supply wells from which the city obtains its principal water supply as specified in 31 Texas Administrative Code, section 290.41, as amended.
(Ordinance 2021-1286 adopted 9/14/21)