The animal control regulations as established in this chapter have been made for the purpose of promoting the health, safety, morals and general welfare of the city. This chapter contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of these regulations, prohibitions and provisions is to protect property values within the city, to enhance the quality of life of persons, pets and other animals, and to protect the general public from damage and injury which may be caused by unregulated animals.
(Code 1974, § 3-1)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal
means any living, vertebrate creature, domestic or wild, other than homo sapiens.
Animal control officer
means an employee of the city designated by the city manager to supervise the operation and maintenance of the city animal shelter and to carry out and enforce the provisions of this chapter.
Bodily injury
has the meaning assigned under V.T.C.A., Penal Code § 1.07.
Dangerous dog
means 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.
Dog
means a domesticated animal that is a member of the canine family.
Estray (livestock)
means domestic animals generally used or raised on a farm for profit or use, including, but not limited to, a stallion, horse, mare, gelding, filly, colt, mule, jinny, jack, jennet, sheep, goat or any species of cattle, but specifically excluding prohibited animals.
Owner
means any person owning, keeping or harboring one or more animals. An animal shall be deemed to be owned by a person who shall harbor, feed or shelter such animal for more than three consecutive days.
Pet animals
means and shall include dogs, cats, rabbits, rodents, birds, fish and any other species of animal, except prohibited animals, which are kept for pleasure rather than utility.
Prohibited animals
means any animal prohibited in section 10-7.
Rabies vaccination
means the vaccination of a dog, cat or other domestic animal with an antirabies vaccine approved by the state department of health and administered by a veterinarian licensed by the state.
Residential premises
means any property zoned for, or utilized, as a multifamily, four-plex, tri-plex, duplex, single-family dwelling or mobile home.
Running at large
means to be free of restraint as provided in section 10-61.
Serious bodily injury
means 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.
Vicious animal
means an animal, including a dog other than a dangerous dog as defined herein, that makes an unprovoked attack on a pet animal or person that causes injury or death and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own.
(Code 1974, § 3-2; Ordinance 1878, § I, 6-8-10; Ordinance 1957, § 1, 6-26-12)
It shall be unlawful to slaughter or to maintain any property for the purpose of slaughtering any animal in the city.
(Code 1974, § 3-10)
Any peace officer, health officer, licensed veterinarian or animal control officer may kill any dog, cat or other animal suspected of having rabies and any vicious animal.
(Code 1974, § 3-19; Ordinance 1878, § II, 6-8-10)
In any complaint and in any action or proceedings brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, provision or exemption, which burden shall be upon the defendant.
(Code 1974, § 3-25)
(a) 
The owner or occupant of any premises on the effective date of this chapter keeping and maintaining any livestock in compliance with the provisions of section 10-100 in effect prior to the adoption of this chapter shall, on or before January 1, 1988, register such nonconforming use with the animal control officer on forms promulgated therefor, which registration shall state the name of such owner or occupant, a description of the nonconforming premises, the number and a description of all livestock kept and maintained on the date of such registration. Such nonconforming use as to the keeping and maintenance of such livestock, and only such livestock, may continue. No additional or other livestock may be substituted therefor and such nonconforming use shall be nontransferable to another owner or occupant of such premises. Any owner or occupant of premises which are nonconforming with section 10-104, as amended in this chapter, on the effective date of this chapter, and who does not register such nonconforming use prior to January 1, 1988, shall bring such premises into compliance with the provisions of section 10-104 from and after January 1, 1988.
(b) 
The owner or occupant of any premises on the effective date of this chapter keeping and maintaining any prohibited animals as defined in this chapter who registers, prior to January 1, 1988, the keeping and maintenance of such prohibited animals with the animal control officer on forms promulgated therefor, which registration shall state the name of such owner or occupant, a description of the premises where such prohibited animals are kept or maintained, the number and a complete description of all such prohibited animals maintained on the date of such registration, may continue to keep and maintain such prohibited animals until July 1, 1988, provided such prohibited animals are kept and maintained in conformity with the provisions of section 10-103 in effect prior to the adoption of this chapter. No additional or other prohibited animals may be kept or maintained by such registrant and only those prohibited animals being kept and maintained on the date of such registration may thereafter be kept and maintained until July 1, 1988. Any owner or occupant of a premises containing prohibited animals prior to the effective date of this chapter who shall not register such prohibited animals with the animal control officer on or before January 1, 1988, shall remove such prohibited animals from the corporate limits of the city no later than January 1, 1988.
(Code 1974, § 3-26)
(a) 
The animals which are prohibited for sale or possession include, but are not limited to, the following:
(1) 
Class reptilia:
a. 
Family helodermatidae (the venomous lizards) and all varanidae (monitor).
b. 
Order ophidia, family biodae (boas, pythons, anacondas); family hydrophiidae (marine snakes); family viperidae (rattlesnakes, pit vipers and true vipers); family elapidae (coral snakes, cobras and mambas); family colubridae-dispholidus typus (boomslang); bioga dendrophila (mangrove snake) and kirtlandii (twig snake) only.
c. 
Order crocodilia (such as crocodiles and alligators).
d. 
Order Testudines (all turtles).
(2) 
Class aves: Order falconiforms (such as hawks, eagles, falcons and vultures) and subdivision raptae (such as ostriches, rheas, cassowaries and emus).
(3) 
Class mammalia:
a. 
Order carnivores, the family felidae (such as lions, tigers, bobcats, jaguars, leopards and cougars), except commonly domesticated cats; the family canidae (such as wolves, dingos, coyotes, foxes and jackals), except commonly domesticated dogs; the family mustelidae (such as weasels, skunks, martins, minks, badgers); family procyonidae (racoon); family ursidae (such as bears).
b. 
Order marsupialia (such as kangaroos, oppossums, koala bears, wallabies, bandicoots, and wombats).
c. 
Order chiroptera (bats).
d. 
Order edentata (such as sloths, anteaters, and armadillos).
e. 
Order proboscidea (elephants).
f. 
Order primata (such as monkeys, chimpanzees, orangutans and gorillas).
g. 
Order rodentia (such as beavers, porcupines).
h. 
Order ungulata (such as antelope, deer, bison and camels).
(4) 
Class amphibia: Poisonous frogs.
(b) 
Prohibited animals shall also include nonpoisonous snakes of a species which reaches a length greater than six feet, those species of fish the possession of which is prohibited by state law, and pigs, including hogs or sows.
(c) 
Prohibited animals shall not include birds kept or maintained for educational or rehabilitative purposes by persons holding permits therefor from the state department of parks and wildlife or the United States Department of Fish and Wildlife.
(Code 1974, § 3-2; Ordinance 1878, § III, 6-8-10)
Any person violating the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished as provided in section 1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. No fine imposed hereunder shall be less than $25.00.
(Code 1974, § 3-24; Ordinance 1077, § V, 5-12-92)