For the purpose of this chapter, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Animal control authority.
The municipal or county animal control office with authority
over the area where an animal is kept.
At large.
Off the premises of the owner and not under control of the
owner or other person authorized by the owner to care for the animal.
Cat.
Any animal belonging to the Felis catus species.
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
the person to reasonably believe that the dog will attack and cause
bodily injury to that person.
Dog.
Any animal belonging to the canine family.
Humanely destroy.
To cause the death of an animal by a method which rapidly
produces unconsciousness and death without visible evidence of pain
or distress or utilizes anesthesia produced by an agent which causes
painless loss of consciousness and death following such loss of consciousness.
Owner.
Any person who owns or has custody or control of any animal.
Secure enclosure.
A fenced area or structure that is locked, capable of preventing
the entry of the general public, capable of preventing the escape
or release of an animal, clearly marked as containing a dangerous
animal, and in conformance with the requirements for enclosures established
by the local animal control officer or health authority.
Vaccinated.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and
administered by a legally licensed veterinarian.
Wild animal.
Any species of animal which commonly exists in a natural,
unconfined state and is usually not domesticated.
(Ordinance 031208-6, sec. 1 (90.001),
adopted 1/12/04)
(a) Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon final conviction thereof, fined in accordance with section
1.01.009 of this code; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each and every day any such violation continues shall constitute a separate offense punishable hereunder.
(b) Any
person, firm, or corporation violating any provision of this chapter
may be enjoined by suit filed by the municipality in a court of competent
jurisdiction, and this remedy is in addition to any other penalty
provision.
(Ordinance 031208-6, sec. 2, adopted 1/12/04)
The animal control officer, health authority, or any police
officer of the municipality shall have the right to enforce any of
the provisions of this chapter.
(Ordinance 031208-6, sec. 1 (90.002),
adopted 1/12/04)
(a) Trapping, hunting or molesting birds prohibited.
It
shall be unlawful for any person to trap, hunt, shoot, or attempt
to shoot or molest in any manner any bird or wild fowl or to rob bird
nests or wild fowl nests within the municipality.
(b) Abatement of nuisances created by congregation of birds.
If birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property in the opinion of the health officer, such officer shall attempt to abate such nuisance. If all other feasible alternatives fail, the birds may be destroyed in such numbers and in such manner as is deemed advisable by the health officer, under the supervision of the chief of police, notwithstanding the provisions of subsection
(a) of this section.
(Ordinance 031208-6, sec. 1 (90.081,
90.082), adopted 1/12/04)
It shall be unlawful to harbor, keep, or maintain any wild or
exotic animals or poisonous reptiles within the municipal limits.
(Ordinance 031208-6, sec. 1 (90.060),
adopted 1/12/04)
(a) Prohibited animals.
(1) It is hereby prohibited and shall be unlawful for any person within
the city limits to own, possess, confine or care for a dangerous wild
animal as defined in section 822.101 of the Health and Safety Code
of the state.
(2) As defined in section 822.101, “dangerous wild animal”
means:
(T) Any hybrid of an animal listed in this subsection.
(b) Penalty.
Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in accordance with section
1.01.009 of this code.
(Ordinance 01-14-02-6 adopted 1/14/02)
(a) No
owner or his authorized keeper shall permit any dog or cat, with or
without his vaccination tag attached to a collar securely fastened
around the neck of the dog or cat, male or female, to run at large
within the city. No person or keeper shall keep upon his public or
private property any vicious animal, whether wild or domestic, that
may attack, threaten to attack, or that may terrorize any person on
public property or at any public place.
(b) The
chief of police, or any policeman of this city, shall have the right
to shoot or kill any rabid or vicious dog or cat in the streets or
any public place, or any dog or cat in the streets or any other public
place that shall manifest a disposition to attack or bite.
(c) As
used in this section, “vicious animal” means any animal
that commits an unprovoked attack upon a person on public or private
property, or that attacks, threatens to attack or terrorizes a person
on public property or in a public place.
(Ordinance adopted 7/10/95, secs.
1(h), 3, 4)