For the purposes of this chapter, the following terms, phrases
and words used herein shall be interpreted to read as follows; and
any words not herein defined shall be construed in the context used
and by ordinary interpretation, and not as a word of art:
To dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animal; and shall also mean failing to timely redeem any
animal impounded or quarantined by the city, as specified herein.
Shelter for a pet that shall effectively protect the animal
from any form of cold, overheating, inclement weather and direct effects
of wind, rain, snow, ice or the sun. By way of example, and not limitation,
a shelter may consist of a three-sided structure, with a roof. The
shelter shall provide shade during hot weather months with provisions
for cooling the animal when temperatures exceed 90 degrees Fahrenheit.
During temperatures 40 degrees Fahrenheit or lower, auxiliary heat
or clean, dry bedding material shall be provided for insulation against
the cold.
Any living creature classified as a member of the animal
kingdom including, but not limited to, birds, fish, mammals and reptiles,
but specifically excluding human beings.
The person or persons designated by the city to represent
and act for the city in the impoundment of animals, in the controlling
of stray animals and all other matters as otherwise required by this
chapter.
An establishment that is operated, controlled or contracted
with by the city for the impoundment, confinement, safekeeping, control,
caring and/or destruction of animals which come into the custody of
the city.
Any private premises or portion thereof on which in excess
of four (4) but not more than six (6) animals belonging to either
a government or nonprofit owned and operated animal shelter are housed
until adoption.
Any premises designated by the city for the purpose of impounding
and caring for animals under the authority of this chapter.
Place where bees, nuclei, hives, and beekeeping equipment
are kept.
Any animal, other than a domestic cat, that is not under
immediate effective control of its owner as defined in this chapter.
A domestic cat shall be considered at large when not located on the
premises owned or controlled by its owner and not otherwise under
immediate effective control.
Any stage of the Italian honeybee Apis mellifera igustica.
Person who owns, leases, or manages one or more colonies
of bees or nuclei of bees.
Hives, frames, supers, veils, gloves, tools, machines, including
bee removal vacuums or other devices for the handling and manipulation
of bees, honey, pollen, wax or other supplies used in the operation
of an apiary.
Refers to the Texas Apiary Inspection Service (TAIS) or their
assigns.
The hive and its equipment and appurtenances, including bees,
comb, honey, pollen and brood.
Any animal which has been determined to be dangerous as set
forth herein by the animal control officer, police officer or appropriate
court; which demonstrates behavior and/or possesses the vicious propensity
to inflict serous bodily injury or death upon human beings and constitutes
a danger to human life or domestic animals; or any animal which has
behaved in such a manner that the owner thereof knows, or reasonably
should know, that the animal is possessed of tendencies to commit
unprovoked attacks or to injure human beings or domestic animals;
or any animal certified by a doctor of veterinary medicine, licensed
in the state, after observation thereof, as posing a danger to human
beings or animals; or any animal that commits an unprovoked attack
upon a human being or other domestic animal; or any animal that commits
an unprovoked act that causes a person to reasonably believe that
the animal will attack and cause bodily injury to that person.
American foulbrood, European foulbrood or any other contagious
or infectious disease of bees, that affect bees or brood (eggs, larvae,
and pupae). All beekeepers are required to report diseases to the
Texas Apiary Inspection Service (TAIS) immediately.
Any animal whose physiology has been determined or manipulated
through selective breeding, and which does not occur naturally in
the wild, and which may be vaccinated against rabies with an approved
rabies vaccine, and which has an established rabies quarantine observation
period.
Any structure or device used to immediately restrict any
animal or animals to a limited amount of space, such as a fence, room,
pen, run, cage, compartment or hutch.
A solid fence, wall, or dense vegetation at least 6'
in height that continues parallel to the apiary site lot line at least
10' in each direction from the colony, that requires bees to
fly over, rather than through the barrier.
A bird of any kind, including, but not limited to, chickens,
ducks, geese, guineas, pigeons, roosters, turkeys and pheasants.
A dog that has received protection or guard dog training
and used by law enforcement, private security, or in protective functions
where the dog is responsive to control by its owner or handler and
used only for protective functions, irrespective of its status as
a personal pet of its owner or handler.
A dog that is trained to assist a handicapped person.
The keeping, raising, using, possessing and having on his
premises or under his control or attempted control of an animal or
animals.
Structure intended to house a colony. Only Langstroth or
Top Bar hives are permitted.
An animal which is under the power or restraint of a person
by a means of cage, leash or physical restraint. For purposes of this
chapter, an animal is not under the immediate effective control of
a person when it is not restrained by means of a leash or chain of
sufficient strength and not more than six (6) feet in length to control
the actions of such animal while off the owner’s property.
A fee assessed for the care and keeping of an animal under
the control of the city.
Any treatment of an animal prohibited by section 42.09 of
the Texas Penal Code, chapters 821, 822 or 826 of the Texas Health
and Safety Code, as amended, or by any other provision of law including
federal, state and local laws, ordinances or rules.
Any person or groups of persons engaged in the commercial
business of breeding, buying, selling or boarding any animal or animals,
excluding any person who is a passive or occasional breeder of not
more than one (1) litter per calendar year.
Any horses, mules, donkeys, cattle, bison, goats, sheep,
swine, ostriches, emus or rheas.
A person certified by the Texas Master Beekeeper Program;
an educational program provided by the Texas Apiary Inspection Service.
Any other than on a weekend or holiday.
All time from 8:00 a.m. to 5:00 p.m. during a normal working
day.
Small colony of bees in all stages of development and combs
of brood used in forming a new colony.
Any animal which:
Is not under immediate, effective control of a person by means
of a cage, leash or physical restraint; or
Even when in the visible presence of the owner, or under physical
restraint, as defined herein, enters onto the private property of
another person, without that property owner’s consent.
Any animal confined on the premises of the owner by a substantial
fence of sufficient strength and height to prevent the animal from
escaping therefrom or secured on the premises by a metal chain or
leash sufficient in strength to prevent the animal from escaping from
the premises, and so arranged that the animal will remain upon the
premises and not come any closer than six (6) feet to a public walkway
or sidewalk when the restraint leash is stretched to full length.
Any person, partnership, corporation or association that
harbors, shelters, keeps, controls, manages, possesses, feeds or cares
for or has whole or part interest in any animal. This presumption
is rebuttable and shall have the effects and consequences set forth
in section 2.05 of the Texas Penal Code, as amended. However, a person,
partnership, corporation or association that feeds a stray animal
does not become its owner based solely upon the act of feeding the
animal.
A natural individual, firm, corporation, partnership or other
legal entity.
Any animal normally kept for pleasure rather than utility,
excluding livestock.
The following:
An owner’s failure to control, restrain or otherwise allow,
either by conduct or condition, any animal to:
Engage in conduct which establishes such animal as a “dangerous
animal”;
Be “at large” as defined herein;
Cause a disturbance by excessive, continuous or untimely barking,
howling, whining, crowing or otherwise making excessive noise near
the private residence of another or continual barking, howling, whining,
crowing or other audible noise, in excess of 15 minutes, even if in
sporadic bursts, shall be prima facie evidence that the same constitutes
a nuisance;
Produce maggots, flies, odors or unclean conditions sufficient
to annoy adjacent property owners or residents;
Chase vehicles or molest, attack or interfere with other animals
or persons on public property;
Damage, soil, defile, or defecate 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; or
Allow such fecal matter or other animal waste to accumulate
to such a degree as to cause unsanitary, dangerous or offensive conditions.
Any animal normally found in the wild that has entered onto
any public or private property by its presence is committing a threat
to public health and safety or is generally interrupting the tranquility
of the location.
It shall not be a defense that any public nuisance herein defined
that the responsible resident at the place where the animal or bird
is kept was not at home.
As it relates to livestock or other animals regulated herein,
to provide shelter or to be sheltered.
Apiary in which queen bees are reared or kept.
A place, premises, dwelling or house where a person resides.
Any person licensed by the city to keep, harbor, breed and/or
raise in excess of four (4) but not more than six (6) cats and/or
dogs (6) months of age or older on any premises used or zoned for
residential purposes and less than two (2) acres in area.
Secured by a leash, lead, cord, chain or rope six (6) feet
or less in length; or by electronic wires, electronic restraint system,
probes or other similar device; or secured within a kennel or pen,
or secured within the fenced real property limits of its owner, and
may not come any closer than six (6) feet to a public walkway or sidewalk
when the restraint lead is stretched to full length.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
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
satisfies this definition. For purposes of this chapter, serious bodily
injury includes but is not limited to injuries for which the injured
party seeks emergency or inpatient treatment irrespective of length
of hospital stay.
An animal that is improperly restrained and that wanders
upon a public place, roadway, street, highway, or the property of
another person.
Hive box used by the beekeeper to collect excess honey.
The inoculation of an animal with a rabies vaccine or other
medicine that is accepted by the United States Department of Agriculture
for use in that species, and which is administered by a veterinarian,
licensed in the state, for the purpose of immunizing the animal against
rabies or other diseases.
Any establishment that is maintained and operated by a veterinarian,
licensed in the state, for the diagnosis, treatment or surgery of
injuries and diseases to animals.
Any nondomesticated animal, other than livestock, that is
native to a foreign country or of foreign origin or character and
is not native the United States or is found wild in the United States.
This shall include but not limited to:
Reptiles: venomous reptiles, any type of crocodile or alligator;
Fish: piranha;
Birds: condors, eagles, hawks, falcons, owls;
Mammals: ocelots, lions, tigers, jaguars, leopards, cougars,
wolves or wolf hybrids, dingoes, coyotes and coyote mixes, jackals,
weasels, martens, minks, badgers, skunks, bats, raccoons, pandas,
bears, kangaroos, opossums, sloths, anteaters, armadillos, monkeys,
chimpanzees, gorillas, orangutans, porcupines, antelope, deer, foxes,
elephants, lynx, camels, squirrels; or
Any species of animal illegal to own under federal, state or
local law.
An illness which is of animal origin and usually causes illness
to other animals but which can be transmitted to and cause illness
in humans.
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To the extent not otherwise defined herein, reference may be
made, for purposes of clarifying definitions, to state law and/or
generally accepted industry publications.
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(Ordinance 07-10-16A, sec. II(a),
adopted 10/16/07; Ordinance 2022-16 adopted 7/19/2022)
(a)
Enforcement.
The city shall have the power to administer
and enforce the provisions of this chapter as may be required by governing
law. Any person violating any provision of this chapter is subject
to suit for civil penalties and/or injunctive relief as well as prosecution
for criminal violations.
(1)
The police department shall be responsible for enforcement of this
chapter, except as may be provided herein. Enforcement may be by the
filing of a complaint in municipal court, by proceedings to enjoin
nuisances or in any other manner authorized by law. Only a police
officer is authorized to issue citations for a violation of this chapter.
(2)
It shall be unlawful for any person being issued a citation for a
violation of this chapter to be filed in municipal court or any civil
proceeding to intentionally or knowingly fail to give the animal control
or police officer his or her true name and address or to intentionally
or knowingly fail to appear in accordance with the terms of a citation
or civil process issued by the court or police officer.
(3)
If the individual who is to receive the citation is not present,
the police department may send the citation to the alleged offender
by certified or registered mail, return receipt requested. If said
citation should come back unclaimed, the citation shall be sent regular
mail. If this regular mailing does not come back unclaimed, then service
shall be deemed completed.
(b)
Criminal prosecution.
Any person violating any provision
of this chapter shall, upon conviction, be fined a sum not less than
fifty dollars ($50.00) and not more than five hundred dollars ($500.00),
except as may be otherwise expressly provided by state law. Each day
that a provision of this chapter is violated shall constitute a separate
offense. An offense under this chapter is a class C misdemeanor.
(c)
Civil remedies.
Nothing in this chapter shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this chapter and to seek remedies as allowed by
law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
chapter or to require specific conduct that is necessary for compliance
with this chapter;
(2)
A civil penalty up to two hundred fifty dollars ($250.00) a day when
it is shown that the defendant was actually notified of the provisions
of this chapter and after receiving notice committed acts in violation
of this chapter or failed to take action necessary for compliance
with this chapter; and
(d)
Additional provisions.
(1)
Unless otherwise specifically set forth herein, or in state law as
adopted, allegations and evidence of a culpable mental state is not
required for proof of an offense defined by this chapter.
(2)
Nothing herein is intended to repeal, make illegal, or make inoperable
a valid wildlife or habitat management program authorized by state
parks and wildlife or a local taxing authority.
(Ordinance 07-10-16A, sec. XVII,
adopted 10/16/07; Ordinance adopting
Code)
No commercial kennel shall be operated with the city limits.
(Ordinance 07-10-16A, sec. III(e),
adopted 10/16/07)
(a)
It
shall be the owner’s responsibility to remove and properly dispose
of a deceased animal within twenty-four (24) hours of the death of
the animal. If requested by the owner, the city animal control officer
will pick up a deceased domestic animal if the animal has been placed
in a sealed clear plastic bag and left in a convenient place adjacent
to a public roadway, or at curbside.
(b)
The
city animal control officer or other designee by the city shall have
the authority to take custody of and dispose of all deceased animals
found on any roadway, street, highway, and/or public or private property
where the owner cannot otherwise be identified.
(Ordinance 07-10-16A, sec. XIV,
adopted 10/16/07)
Any animal meeting the stated definition of nuisance, or found
trespassing upon others’ property shall be deemed a public nuisance,
and such animal may be impounded as set out herein and humanely destroyed
by an animal shelter in accordance with shelter policy if no court
charges are filed:
(1)
Maximum number of animals.
(A)
The keeping of more than the maximum number of animals permitted
by this chapter shall be a public nuisance.
(B)
It shall be unlawful to keep or harbor more than four (4) dogs and/or
cats total, six (6) months of age or older on any premises used or
zoned for residential purposes. However, provisions hereof shall not
apply to licensed residential breeders and licensed animal foster
owners.
(C)
If at the time of adoption of this article more than four (4) dogs
and/or cats, six (6) months or older are being kept or harbored on
any premises used or zoned for residential purposes, an exemption
to subsection (1)(B) may be granted by the city upon application for
an exemption accompanied by a pledge that upon the death or other
departure of a dog and/or cat, it will not be replaced until such
time as the number of animals being kept on the premises will not
exceed four (4). The authority to apply for this exemption will expire
on the anniversary date of the original passage of this article, October
16, 2007. Requirements for acquiring and keeping such an exemption
are contained within subsection (1)(D) of this section.
(D)
In order to obtain and keep the exemption created by subsection (1)(C)
above, the following requirements and conditions must be satisfied:
(i)
The applicant must request such exemption in writing and submit the
request to the development services manager;
(ii)
Upon request for the exemption, the applicant must allow the
city’s animal control officer (ACO), police officer (PO), or
any public official with the authority to enforce the ordinance to
visit the residence and photograph each animal and identify each animal
with a name and number;
(iii)
The applicant and ACO, PO, or designated official must arrange
semi-annual appointments to allow the city’s ACO the opportunity
to visit the residence, verify the number and identity of the exempted
animals and inspect their health and safety;
(iv)
The applicant must notify the city’s ACO of any reduction
in the number of animals and identify the name or number of the reduced
animal within two weeks of the reduction;
(v)
The applicant will be required to ensure that all exempted animals
remain on their property at all times, unless on a leash. Animals
that are found on other’s property without a leash may be removed
to the animal shelter at the discretion of the ACO, PO, or designated
official; and
(vi)
If at any time animals covered by the requested exemption become
a health or safety hazard to members of the community, they may be
removed to the animal shelter at the discretion of the ACO, PO, or
designated official.
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A failure to satisfy any of the above requirements and conditions
will result in the immediate and automatic revocation of the exemption
created in subsection (1)(C).
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(2)
Disposal of excrement.
(A)
All animal manure and other excrement shall be disposed of in such
a manner so as to prevent it from becoming a public nuisance.
(B)
An owner, harborer, or other person having care, custody, or control
of a dog or cat commits an offense if he knowingly permits, or by
insufficient control allows, the dog or cat to defecate in the city:
(i)
On private property other than property owned, leased, or controlled
by the owner, harborer, or person having care, custody, or control
of the dog or cat; or
(ii)
On public property or any other place to which the public or
a substantial group of the public has access, including but not limited
to a street, sidewalk, alley, park, or playground, or any common area
of a school, hospital, apartment house, office building, transport
facility, or shop.
(C)
It is a defense to a prosecution under subsection (B) that:
(i)
The owner, harborer, or other person having care, custody, or control
of the dog or cat immediately and in a sanitary manner removed and
disposed of, or caused the removal and disposal of, all excreta deposited
on the property by the dog or cat;
(ii)
The dog was specially trained to assist a person with a disability
and was in the care, custody, or control of that disabled person at
the time it defecated on the property;
(iii)
The owner or person in control of the property had given prior
consent for the dog to defecate on the property; or
(iv)
The dog was being used in official law enforcement activities.
(3)
Unspayed animals.
It shall be unlawful for the owner
of or the handler of any unspayed female dog or cat to allow the same
to be in or about any public place in the city while in heat. Said
animals shall, while in heat, be maintained in such a manner as not
to create a disturbance or nuisance within any area of the city.
(4)
Parking of trucks, trailers or vehicles in residential areas.
(A)
It shall be unlawful for any person to park or leave standing any
truck, trailer or other vehicle that has been used for the hauling
of livestock, animals, fish or fowl in a residentially zoned area
of the city when notified by the city enforcement agent that such
vehicle is creating a public nuisance.
(B)
Upon such notification, the owner, operator, driver or other person
responsible for such vehicle shall abate the public nuisance or move
such vehicle to a location outside of any residentially zoned area
of the city.
(5)
Noise prohibited.
It shall be unlawful for any owner
to allow an animal to cause a disturbance by excessive, continuous,
habitual or untimely barking, howling, crowing or noisemaking near
the private residence of another. A person shall be deemed to have
knowingly violated the terms of this section if such person is notified
by animal control or the police department of a complaint regarding
an animal noise disturbance and fails to cease and thereafter prevent
its recurrence. It shall not be a defense to prosecution that the
owner was not with the animal or on the premises at the time the animal
made the noise.
(6)
Odors or unclean conditions prohibited.
(A)
It shall be unlawful for any owner to allow an animal to produce
odors or unclean conditions sufficient to create a public nuisance.
(B)
It shall be unlawful for any owner to allow an animal to be kept
in a manner or under conditions which creates foul odors, unsanitary
conditions, an unreasonable presence of vermin or their offspring,
or other harmful or offensive conditions which can be attributed to
the presence of the animal or to its physical or environmental conditions,
including but not limited to the accumulation of animal excreta.
(7)
Animals at large prohibited.
It shall be unlawful for
any owner to allow an animal to chase vehicles or molest, attack,
or interfere with other animals or persons on public property or on
private property, not owned by the animal’s owner or keeper,
or be at large as defined herein. All animals shall be kept under
restraint. Unrestrained animals may be taken by police, the animal
control officer, or any other person, and deliver same to the designated
shelter or animal control officer or police officer for the city to
be impounded as set out herein, as if the animal were found running
at large. The city shall only be responsible for the impoundment fees
of those animals its agents impound.
(Ordinance 07-10-16A, sec. XV, adopted 10/16/07; Ordinance 08-04-15B, sec. II(a), adopted 4/15/08; Ordinance 08-04-15B, sec. II(b), adopted 4/15/08)
Upon approval of the city council, the development services
department shall issue annual residential breeder and animal foster
home licenses, subject to the following terms and conditions:
(1)
The
city council shall hold a public hearing on any application for either
a residential breeder license or an animal foster home owner license
or the renewal thereof.
(2)
Public
notice of said hearing shall be given by depositing written notice
thereof in the mail addressed to the property owners association (POA)
in which the proposed residential breeder or animal foster home is
or will be located, if any; all owners of real property located within
five hundred (500) feet of the subject property or premises, as determined
from the last approved city tax roll; and by publication thereof in
a newspaper of general circulation in the city.
(3)
Both
the mailed and published notices shall be given at least ten (10)
days prior to the date set for the hearing. Such notice shall state
the date, time and place of the public hearing; adequately identify
the location and/or address of the subject property or premises; state
the nature of the application to be considered; and state that any
party may appear in person or by attorney or agent.
(4)
The
public hearing procedure prescribed herein shall apply to the initial
application for any such license and any application for the renewal
thereof.
(5)
No
license for a residential breeder or an animal foster home may be
issued by the city if the same is prohibited by deed restriction or
restrictive covenant applicable to the property where such operation
is proposed, without the consent of the applicable POA.
(Ordinance 07-10-16A, sec. XVI,
adopted 10/16/07)
