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.
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.
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 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).
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)
No person shall remove, alter, damage or otherwise tamper with
a trap or equipment set out by the animal control officer.
(Code 1974, § 3-18)
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)