(a) 
Animals-in-excess permit.
(1) 
It is unlawful to keep or harbor more than eight (8) domestic animals on any property within the city. It shall be a defense to a violation of this section if the person possesses a permit issued in accordance with this section which authorizes animals in excess of the maximum number otherwise allowed by this section to be harbored on the property.
(2) 
The animals-in-excess permit application shall include the following:
(A) 
The name and address of the applicant;
(B) 
The number of animals to be kept at the premises;
(C) 
The facilities used to house all animals;
(D) 
A statement giving permission for the ACO or designee to inspect the premises where the animals are kept;
(E) 
Signature of the applicant; and
(F) 
Signature of the ACO approving the permit.
(3) 
Upon receipt of a complete application for an animals-in-excess permit, the ACO shall inspect the premises to determine the suitability of conditions for harboring such animals under the requested permit. The ACO may consider the totality of health and safety factors, including, but not limited to, the following:
(A) 
Amount of area;
(B) 
Cleanliness;
(C) 
Safety of confinement;
(D) 
Breed of animals;
(E) 
Age of animals;
(F) 
Altered or unaltered status; and
(G) 
Complaint history for the animals or owner.
(4) 
The officer may grant a conditional animals-in-excess permit as is appropriate under the circumstances for the harboring of the animals. The ACO may revoke or deny any animals-in-excess permit and impound any animal under certain conditions, including, but not limited to:
(A) 
After determining, with the assistance of a veterinarian, that an animal was abused or neglected;
(B) 
That violations of any applicable law or ordinance have occurred; and
(C) 
It is found that animals in addition to those specified on the permit are harbored at the location.
(5) 
The owner shall pay a fee for the animals-in-excess permit as set forth in the city's master fee schedule.
(b) 
Application; fees.
Application for initial issuance or renewal of each permit and/or registration must be made by the owner, in writing or in person, and be accompanied by a fee as set forth in the city's master fee schedule. If the original current registration or permit is lost or destroyed, the owner must pay the required fee to obtain a duplicate.
(c) 
Renewal of registration/permit; transfer of registration/permit.
Permits and registrations shall be renewed annually. If there is a change in ownership, the new owner shall have the permit and/or registration transferred to the new owner's name not later than ten (10) days after the change of ownership. If the permit and/or registration is current and valid, there shall be no charge for the transfer.
(d) 
Exemptions from registration fees.
(1) 
The following animals may be registered as required by this chapter without payment of a registration fee:
(A) 
Assistance animals; and
(B) 
Foster care animals kept less than ninety (90) days.
(2) 
Owners of an assistance animal or foster care animal shall present to the ACO upon request documentation of the status or training of the animal by supporting organizations or such other documentation reasonably requested to confirm the animal's status as an assistance animal or foster care animal.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Any person owning, possessing or keeping one or more animals within the city, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animals within an adequate fence or enclosure, or within a house, garage or other building, or shall keep such animals confined by leash or chain affixed to the animal's collar that is under the control of a person, adequate to prevent the animals from running at-large, and provides the animal sufficient space, and as further described section 4.04.004.
(b) 
Invisible fences:
(1) 
Constitutes a sufficient restraint as long as the animal is not found outside the premises of the owner;
(2) 
Must be clearly marked to anyone coming onto the property so that such person will know there is an invisible fence; and
(3) 
Must be set back at least six (6) feet from public rights-of-way such as sidewalks and streets, as well as adjacent properties.
(c) 
Retractable leashes must be locked at a distance not more than four (4) feet when in the immediate proximity of a passerby either on foot or on a non-motorized vehicle.
(Ordinance 2021-1286 adopted 9/14/21)
The ACO may take into custody any animal found at-large within the city and shall impound the animal in the city's animal shelter or other such place as may be designated for the purposes of impoundment. Any impounded animal whose owner is not readily identifiable shall be held for a period of not less than three (3) business days. Any impounded animal whose owner is readily identifiable through microchip, registration, rabies tag, or other public records available to the city, shall be held for a period of not less than seven (7) business days. If an impounded animal has not been claimed as prescribed in section 4.02.002, and the proper fee paid by the time provided in this section, the animal shall be released for adoption or humanely destroyed according to applicable state law.
(Ordinance 2021-1286 adopted 9/14/21)
It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the ACO. The terms "unhealthy situation" and "potentially dangerous situation" shall include, but not be limited to, tethering an animal:
(1) 
In a manner that permits the animal access upon any public right-of-way;
(2) 
In a manner that causes the animal injury or pain, does not allow the animal to reach shelter, food and/or water, or otherwise creates an unsafe or unhealthy situation;
(3) 
In a manner that permits the animal to leave the property where the animal is being tethered;
(4) 
In an area that is not fenced in a manner that prevents any person from entering the area occupied by the animal;
(5) 
In a manner where the animal is subject to harassment, stings or bites from outdoor insects, or attacks by other animals;
(6) 
With a tether that is shorter than the greater of:
(A) 
Ten (10) feet; and
(B) 
Five (5) times the length of the animal, as measured from the tip of the animal's nose to the base of the animal's nose;
(7) 
With a tether that is not equipped with swivel ends;
(8) 
In a manner that does not prevent the animal from becoming entangled with any obstruction, from partially or totally jumping any fence, or from leaving part of its property where the animal is tethered;
(9) 
In an area where the animal's waste is not removed daily;
(10) 
Without using a properly fitted harness or collar that measures the circumference of the animal's neck plus not less than one inch;
(11) 
With a pinch-type, prong-type, or choke-type collar;
(12) 
With a tether that weighs more than one-fifth (1/5) of the animal's body weight; or
(13) 
Any other act of tethering that is not in compliance with state law.
(Ordinance 2021-1286 adopted 9/14/21)
Every person having care, control or custody of any dog which has received guard dog training must register such dog with the ACO or designee not later than 30 days after bringing such dog into the city. The owner of such dog must place on such dog an ID collar identifying the dog as a trained guard dog which collar must be worn at all times.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
A person commits and offense if the person sells, offers for sale, leases, rents, or in any way transfers, barters, or gives away chicks, ducklings, or other infant fowl less than eight (8) weeks of age as pets or novelties; however, it is not offense for the person to display sell natural chicks, ducklings, or other infant fowl in proper breeder facilities for hatcheries or stores engaged in the business of selling the same to be raised for agricultural purposes. The sale of such animals shall consist of not less than twelve (12) individual animals per transaction.
(b) 
A person commits an offense if the person sells, exchanges, barters, or gives away, or offers to sell, exchange, barter, or give away, any live animal from:
(1) 
Any public right-of-way; or
(2) 
Any property to which the public has access that does not have a valid certificate of occupancy issued by the city allowing the sale of animals on the property.
(c) 
It is a defense to prosecution under subsection (b) that the person is:
(1) 
Employed by animal care services; or
(2) 
An animal welfare, rescue, and/or adoption agency this is a registered nonprofit entity in compliance with section 501(c)(3) of the Internal Revenue Code.
(Ordinance 2021-1286 adopted 9/14/21)
A person commits and offense if the person sells, exchanges, raffles, auctions, or gives away, or offers to sell, exchange, raffle, auction, or give away, any live animal as:
(1) 
A prize;
(2) 
An inducement to enter a place of amusement or a business establishment; or
(3) 
An inducement to participate in a charitable fund-raising event that is not conducted by a nonprofit organization.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
It shall be unlawful to carry or transport an animal within the open bed of any moving pickup, flatbed, or similar vehicle operated on any public roadway within the city.
(b) 
It is a defense to prosecution under this section that the animal was in a carrier or other device sufficient to keep the animal from leaving or falling from the vehicle.
(Ordinance 2021-1286 adopted 9/14/21)
The following words and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Secure enclosure.
A fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the public, including children;
(3) 
Capable of preventing the escape or release of an animal;
(4) 
Clearly marked as containing a dangerous animal; and
(5) 
In conformance with the requirements for secure enclosures as established within this chapter.
Serious bodily injury.
An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
Severe attack.
An attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.
Unprovoked.
An action by an animal that is not:
(1) 
Hit, kicked, or struck by a person with any object or part of a person's body, nor was any part of the dog's body pulled, pinched, or squeezed by a person;
(2) 
In response to pain or injury;
(3) 
In protection of itself or its food, kennel, immediate territory, or nursing offspring;
(4) 
In response to an assault or attempted assault on a person; or
(5) 
In response to being tormented, abused, or assaulted by any person with an object or part of a person's body.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Dogs dangerous to other animals: If an animal is attacked by an at-large dog, and the attack is severe and resulted in serious injury to or the death of that animal, the attacked animal's owner may report the incident to the ACO or designee by submitting a sworn statement describing the attack. The statement must be received by the ACO or designee not later than the thirtieth (30th) day after such attack occurs, and it shall contain as much of the following information as known, including:
(1) 
Name, address, and telephone number of the person filing the sworn statement;
(2) 
Name, address, and telephone number of the at-large dog owner;
(3) 
A description of the at-large dog;
(4) 
Date, time, and location of the attack;
(5) 
Detailed account of the attack, including a description of events occurring immediately before, during, and after the attack;
(6) 
Medical records associated with the attack;
(7) 
Name, address, and telephone numbers of any witnesses to the attack; and
(8) 
Photo evidence of any sustained injuries at the time of the attack.
(b) 
If the attacked animal sustained serious injuries which did not result in death, a letter signed by the treating veterinarian must be submitted with the sworn statement. The letter must describe the injuries sustained by the attacked animal and state that the injuries were serious, characterized by severe bite wounds, or severe ripping and tearing of muscle, or that the injuries required prompt medical attention after the attack to preserve the animal's life.
(c) 
Reporting of attacks of animal on animal shall not be applicable to:
(1) 
Attacks on prohibited animals;
(2) 
Attacks on animals which are unlawful to keep upon the owner's premises;
(3) 
Attacks on an animal that was at-large at the time of the attack, or immediately prior to the attack; or
(4) 
Attacks on wildlife.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Any incident described by section 4.04.041, whether reported by a citizen, or at the ACO or designee's own instigation, shall be investigated.
(b) 
Reports based on such investigation shall include the following:
(1) 
Identification of the owner of the accused animal;
(2) 
An inspection of the animal so accused;
(3) 
Photographs of the animal, if possible;
(4) 
Any statements from victims and/or witnesses to the incident;
(5) 
Documentation of the animal's history, including, but not limited to, registrations, rabies vaccinations and current veterinarian as well as any previous bite history or violations of any laws or ordinances; and
(6) 
Information on any other animals residing at the same residence.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Based on the findings of an investigation regarding a suspected dangerous dog or other animal, the investigating officer shall make a determination to:
(1) 
Declare the dog or other animal dangerous and notify the owner of that fact;
(2) 
Request a hearing before the dangerous dog advisory board (DDAB) within ten (10) business days. Once that date has been established, ACO or designee is responsible to notify the owner in writing of such hearings; or
(3) 
Close the case, citing insufficient evidence to conclusively deem the animal dangerous at this time. Closing a case shall not prevent the case from being reopened in the future.
(b) 
If the dog or other animal has been declared as dangerous, the notification to an owner shall include the following information:
(1) 
The owner has the right to appeal the decision to a justice or municipal court of competent jurisdiction and that such appeal must be filed, in writing, not later than the fifteenth (15th) day after the date the owner is notified; and
(2) 
The owner may appeal that decision of the justice or municipal court in the same manner as appeal for other civil cases. The intent to file a second appeal must be made, in writing, to animal control within twenty-four (24) hours of the conclusion of the first appeal.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
Warrant required.
If the ACO determines that any declared dangerous dog cannot be sufficiently contained by the owner during the process of appeal, or the required thirty (30) day period in compliance with sections 4.04.046 and 4.04.047, the ACO or designee may seek a warrant from a justice or municipal court of competent jurisdiction to seize the animal in accordance with 822.022 of the Texas Health and Safety Code.
(b) 
Hearing.
An owner whose animal has been seized by the ACO under subsection (a), above, shall be entitled to a hearing for the purpose of appealing the dangerous dog declaration held in the court issuing the warrant not later than the tenth (10th) day after the date on which the animal was seized.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
A dog which has been declared dangerous and seized by the ACO, which declaration has been upheld by the courts, shall be returned to the owner if the owner has complied with all conditions, paid all fees, and established a secure enclosure in which to house the dog in compliance with this chapter.
(b) 
If the determination that the dog is dangerous is reversed upon appeal to a court of competent jurisdiction, the dog shall be returned to its owner, in which case, no fees will be charged to the owner.
(c) 
If the owner files a second appeal, the dog or. animal shall remain impounded until the conclusion of such appeal. The intent to file must be made in writing not later than twenty-four (24) hours of the conclusion of the first appeal hearing.
(d) 
No dog shall be returned to the owner once an order has been received by the courts to destroy the animal.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
The owner must comply with the following to register a dangerous animal:
(1) 
Present proof of liability insurance or financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous animal. The insurance requirements contained herein shall be maintained at all times and shall not be cancelled by the owner until the owner ceases to own the dangerous animal;
(2) 
Present proof of current rabies vaccination in the form of a rabies vaccination certificate for the dangerous animal. When the animal is revaccinated for rabies, the owner shall provide the updated rabies vaccination certificate to animal care services;
(3) 
Present proof that the animal has been altered to prevent reproduction and proof of the animal has a microchip. Proof of being altered can be satisfied through visual inspection of the tattoo or mark placed at the time of surgery if the certificate of sterility is not available or the medical record is unavailable;
(4) 
Provide a proper enclosure for the dangerous animal which meets or exceeds the following requirements:
(A) 
The enclosure is a house, a building, a fence, pen, or other structure;
(B) 
The fence, structure, or pen measures at least six feet in height;
(C) 
The structure or pen is a minimum of 150 square feet in area.
(D) 
The fence, structure, or pen forms an enclosure suitable to prevent entry of young children and must be locked and secured such that the animal cannot climb, dig, jump, or otherwise escape of its own volition.
(E) 
The enclosure shall be securely locked at all times and have secured sides to prevent a dangerous animal from escaping.
(F) 
The enclosure shall provide protection from the elements for the animal.
(G) 
The enclosure must have a secure top that provides shade and a concrete floor.
(5) 
Invisible fences or similar technology shall not constitute a proper enclosure for purposes of this section.
(6) 
The enclosure shall be inspected by an ACO and, if found compliant with the requirements of this section, the enclosure shall be approved by the ACO.
(7) 
Enclosures erected to confine dangerous animals must comply with all city zoning and construction regulations.
(8) 
The perimeter fence around the property where the dangerous animal is kept shall be locked and secured to prevent entry into the property.
(9) 
The signs will be provided to the owner by the city with the payment for the dangerous animal registration. The owner of a dangerous animal shall post in locations designated by the ACO or a court order no fewer than three (3) signs supplied by animal care services giving notice of the presence of the dangerous animal on the property. Additional signs may be required as per policy.
(10) 
A dangerous animal collar provided to the owner by the city upon payment of the dangerous dog registration must be placed on the animal.
(11) 
Any further identification required and designated by the order of the city shall be provided.
(b) 
The owner of a dangerous animal commits an offense by:
(1) 
Failing to post signs in accordance with this chapter; or
(2) 
Removing and failing to replace signs that are required by this chapter.
(c) 
A person commits an offense if the person keeps a dangerous animal in a house or building when the windows are open or when screened windows, screened doors, or other penetrable barriers are the only obstacles preventing the dangerous animal from exiting the structure and running at-large. A house or building used as a proper enclosure must be constructed with a secondary door on the exterior of all exits or with a secondary safety gate inside the house or building keeping the dangerous animal away from direct access to the exits.
(d) 
A dangerous dog or other animal taken outside of its approved enclosure must:
(1) 
Be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration but prevents the animal from biting a person or other animal;
(2) 
In the immediate control of a person 18 years of age or older restrained by a nylon leash that does not exceed six feet in length attached to a properly fitted collar or harness with a safety carabineer; and
(3) 
Control the immediate area into which the animal has been moved.
(e) 
Prior to selling or moving a dangerous dog or animal either inside or outside the city limits, the owner must notify animal care services of the owner's intentions. If the dangerous dog or animal is moved permanently outside the city limits, the owner must comply with state law by notifying the animal control officer in charge of the area to which the animal has been moved. The owner must also provide to the ACO in charge of the case the destination address for the animal and proof that the owner has alerted the agency responsible for animal control in the destination address.
(f) 
Animal care services shall periodically inspect the location and premises of all dangerous animals to ensure compliance with this chapter. Animal care services shall have the right to inspect the residence and proper enclosure for the dangerous animal.
(g) 
Responsible pet ownership education shall be completed online by the owner or presumed owner of a dangerous animal and proof of successful completion of the course provided to animal care services prior to the animal's release from the designated location of impoundment.
(h) 
A person commits an offense if the person brings into the city an animal that has been determined to be dangerous by another jurisdiction under guidelines similar to those in this chapter. Any animal that is brought into the city in violation of this section shall immediately be turned over to the ACO and impounded. On the sixteenth (16th) day after such impoundment, if the owner of the dangerous animal has not been reclaimed by the owner, title the impounded animal may be considered abandoned, title to the animal shall convey to the city, and the ACO may dispose of the animal as authorized in this chapter. The owner of a dangerous animal impounded pursuant to this subsection (h) may elect to reclaim and immediately remove the animal from the city and shall comply with the notice requirements of this chapter.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
The ACO shall accept the annual registration of a dangerous dog if the owner:
(1) 
Presents:
(A) 
Proof of liability insurance or financial responsibility, as required by this division;
(B) 
Proof of a current rabies vaccination of the dangerous dog;
(C) 
Two (2) color photographs of the dangerous dog; and
(D) 
Two (2) color photographs of the secure enclosure in which the dangerous dog will be kept; and
(2) 
Pays an annual registration fee as set forth in this chapter.
(b) 
The ACO shall provide to the owner registering a dangerous dog a specific registration tag red in color. The owner must place the tag on the dog's collar and ensure that the dog wears the collar with such tag attached at all times.
(c) 
If an owner of a registered dangerous dog moves to a new address, not later than the fourteenth (14th) day after the date of the move, the owner shall notify the ACO of the new address. On presentation by an owner of the dangerous dog's prior registration tag and payment of a fee as required by this chapter, the ACO shall issue a new registration tag to be placed on the dangerous dog's collar.
(d) 
An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
A person commits an offense if the person is the owner of a declared dangerous dog and the dog makes an unprovoked attack on another person outside the dog's secure enclosure and causes bodily injury to the other person.
(b) 
An offense under this section is a class C misdemeanor.
(c) 
If a person is found guilty of an offense under this section, the court may order the declared dangerous dog destroyed by the ACO in accordance with section 822.004 of the Texas Health and Safety Code, as amended.
(d) 
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $2,000.00 per animal. The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.
(Ordinance 2021-1286 adopted 9/14/21)
(a) 
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 4.04.047.
(b) 
Except as provided by subsection (c) of this section, an offense under this division is subject to a fine of up to five hundred dollars ($500.00).
(c) 
An offense under this division is subject to a fine of up to two thousand dollars ($2,000.00) if it is shown at the trial of the offense that the defendant has previously been convicted under this division.
(Ordinance 2021-1286 adopted 9/14/21)
It is a defense to prosecution under sections 4.04.049 and 4.04.050 that the person:
(1) 
Is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position;
(2) 
Is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; and
(3) 
Is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act.
(Ordinance 2021-1286 adopted 9/14/21)