(a) It shall
be unlawful for any person owning an animal to permit such animal
to run at large.
(b) An animal
shall be considered to be running at large unless it is restrained
under the following circumstances:
(1) It
is securely caged or confined to its owner’s home or yard, which
yard is enclosed by a fence of sufficient strength and height to prevent
the animal from escaping therefrom, or secured on the premises by
a chain, leash or other restraining line of sufficient strength to
prevent the animal from escaping from the premises and so arranged
that the animal will remain upon the premises when the chain, leash
or restraining line is stretched to full length. No such chain, leash
or restraining line shall be less than ten feet in length.
(2) It
is accompanied by its owner or trainer at a bona fide show, field
trial or exhibition.
(3) It
is secured by a leash or rein of sufficient strength to restrain and
control the animal.
(4) It is a guard dog appropriately registered under the provisions of section
10-73 and is in the performance of duty in an enclosed building or securely fenced and locked area marked as provided in section
10-73.
(c) Any
officer or citizen of the city is hereby authorized to take up and
deliver to the animal control officer any animal that may be found
running at large in the corporate limits of the city.
(d) Any
peace officer or animal control officer of the city is authorized
to impound any animal running at large or otherwise found in violation
of this chapter. If the animal running at large, or in violation of
this chapter, is on private property, or property of the animal’s
owner, such peace officer or animal control officer may enter such
premises, other than a private dwelling, for the purpose of impoundment
or the issuance of a citation, or both, subject to the applicable
provisions of the law.
(Code 1974, § 3-4)
It shall be unlawful for any person to permit, suffer or allow
any chickens, ducks, turkeys, geese or other fowl owned, kept or possessed
by them or under their control, to run at large outside of a cage
or pen.
(Code 1974, § 3-5)
Any unspayed female dog or cat in the state of estrus (heat)
shall be confined during such period of time in a house, building
or secure enclosure, and such area or enclosure shall be so constructed
that no other dog or cat from outside such enclosure may gain access
to the confined animal. Owners not complying may be ordered by an
animal control officer to remove the animal in heat to a boarding
kennel, veterinary hospital or animal shelter. All expenses incurred
as a result of such confinement shall be the responsibility of the
owner. Failure to comply with the removal order of an animal control
officer shall be a violation of this chapter and the dog or cat may
be impounded as prescribed in this chapter.
(Code 1974, § 3-6)
Fees for impoundment of animals, newspaper advertisements, handling and disposing of dead animals and any other fees authorized or permitted under this chapter shall be as set forth in chapter
30.
(Code 1974, § 3-8)
If the following shall occur, the animal may be impounded and
the owner shall be guilty of a violation of this chapter:
(1) The
owner shall fail to provide an animal with sufficient and wholesome
food and water, adequate shelter and protection from weather, veterinary
care when needed to prevent suffering, and humane care and treatment.
(2) A person
shall beat, cruelly ill treat, torment, abuse, overload, overwork
or otherwise harm an animal, or cause, instigate or permit any dog
fight, cock fight, bullfight or other combat between animals or between
animals and humans.
(3) A person
shall abandon or dump any animal.
(4) A person
shall willfully wound, trap, maim or cripple by any method any animal,
bird or fowl. It shall also be unlawful for a person to kill any animal,
bird or fowl within the city.
(5) A person
shall sell, offer for sale, barter or give away baby chicks, ducklings
or other fowl, rabbits or hamsters as novelties, whether or not dyed,
colored or otherwise artificially treated; provided, however, that
this section shall not be construed to prohibit the display or sale
of natural chicks, ducklings or other fowl in proper brooder facilities
from hatcheries or stores engaged in the business of selling such
chicks, ducklings or other fowl to be raised for commercial purposes,
or the sale of rabbits or hamsters as pets.
(6) A person
shall give away any live animal as a prize for, or as an inducement
to enter any contest, game or other competition, or as an inducement
to enter into any business agreement except as to the offering of
offspring in a breeding transaction.
(7) The
failure of a person in operation of a motor vehicle who strikes a
pet animal or livestock to immediately report such injury or death
to the animal’s owner, and if the owner cannot be ascertained
and located, such person shall fail to report the accident to an animal
control officer or peace officer.
(8) A person
exposes any known poisonous substance, whether mixed with food or
not, so that such poisonous substance shall be liable to be eaten
by a pet animal, livestock or person. This section is not intended
to prohibit the prudent use of herbicides, insecticides or rodent
control materials. A person shall also not expose an open trap or
metal jaw-type trap that shall be liable to injure any pet animal,
livestock or person.
(9) A person
leaves an animal in a vehicle for more than two hours or less than
two hours if, in the opinion of the animal control officer on the
scene, the ambient humidity and temperature conditions create a danger
to the animal’s health and welfare. Animal control shall remove
the animal from the vehicle after notifying the city police department.
Any costs associated with such removal shall be assessed against the
owner of the animal, and must be paid before the animal will be released
to the owner. A notice to the operator of the vehicle shall be placed
in the vehicle advising the operator of the vehicle that the animal
has been impounded and the location where the animal is impounded.
(Code 1974, § 3-9; Ordinance 1878, § V, 6-8-10)
Any person who shall harbor or keep on his premises, or in or
about the premises under his control, any animal which barks, whines,
howls, crows, cackles, or makes any noise excessively and continuously,
and such noise causes material distress, discomfort or injury to persons
of ordinary sensibilities in the immediate vicinity thereof, shall
be guilty of a violation under this chapter, and a separate offense
shall be deemed committed each day during or on which such violation
occurs or continues.
(Code 1974, § 3-11; Ordinance 1675, § 1, 1-25-05)
Any person who shall harbor or keep on his premises, or in or
about a premises under his control, any animal or fowl, and who shall
allow such premises to become a hazard to general health and welfare
of the community, or who shall allow such premises to give off noxious
or offensive odors due to the activity or presence of such animals,
shall be guilty of a violation of this chapter.
(Code 1974, § 3-12)
It shall be unlawful to keep or harbor more than four dogs, cats or other animals, or combination of animals, beyond the normal weaning age on any premises, except as permitted in section
10-104.
(Code 1974, § 3-13)
It shall be unlawful to keep or harbor any prohibited animal
within the city.
(Code 1974, § 3-14)
It shall be illegal for an owner of any dead animal, fowl or
livestock (estray) to fail to lawfully dispose of the dead animal
within 24 hours of its discovery by the owner.
(Code 1974, § 3-15)
(a) Determination
of vicious animal by complaint to municipal court.
(1) A person may report an incident described by the definition of vicious animal as contained in section
10-2 of this chapter to the municipal court by filing a sworn complaint detailing the incident. The judge of the municipal court shall review each report filed pursuant to this section and shall issue a warrant authorizing animal control to seize the animal in question only upon a showing of probable cause to believe that the animal complained of meets the definition of vicious animal.
(2) Upon receipt of a warrant from the judge of the municipal court issued pursuant to subsection
(a)(1) of this section, the animal control officer shall seize the animal and impound the animal in secure and humane conditions until the municipal court orders the disposition of the animal.
(3) The
municipal court shall set a time for a hearing to determine whether
the animal is a vicious animal. The hearing must be held not later
than the 10th day after the date on which the animal was seized. The
municipal court shall give written notice of the time and place of
the hearing to:
a. The
owner of the animal or the person from whom the animal was seized;
and
b. The
person who made the sworn complaint.
(4) Any
interested party, including the city attorney, may present evidence
at the hearing.
(5) The
court shall determine the estimated costs to house and care for the
impounded dog during the appeal process and shall set the amount of
bond for an appeal adequate to cover those estimated costs.
(6) Upon
a determination that the animal complained of is a vicious animal,
the judge may order any of the following:
a. The
owner of the animal to restrain the animal at all times on a leash,
harness, or other restraining device, with a muzzle, or within a fenced
enclosure secure enough to prevent the animal’s escape; and/or
The owner of the animal to obtain liability insurance coverage
or show financial responsibility in an amount of at least $100,000.00
and provide proof of the required liability insurance coverage or
financial responsibility to the animal control department;
b. The
animal to be removed from the city within a certain time period; or
c. The
animal to be humanely destroyed, except that, notwithstanding any
other law or local regulation, the court may not order the destruction
of a dog during the pendency of an appeal.
(7) Upon
a determination that the animal complained of is not a vicious animal,
the judge shall order the animal control officer to release the animal
back to its owner or the person from whom the animal was seized.
(8) The
owner of an animal or the person making the complaint may appeal the
decision of the municipal court in the manner described by Texas Health
and Safety Code section 822.0424.
(b) Authority
of animal control to impound.
(1) If a person reports an incident described by the definition of vicious animal in section
10-2 of this chapter, the animal control officer may investigate the incident. If the animal control officer determines the animal is an immediate danger to persons or pet animals, the animal control officer shall notify the owner of that fact in writing and may impound the animal in secure and humane conditions.
(2) The animal control officer shall then request a hearing pursuant to subsection
(a) of this section to determine whether the impounded animal is a vicious animal.
(3) If
impoundment cannot be done safely, nothing in this chapter shall impair,
restrict or remove the authority of an animal control officer or a
peace officer to destroy an animal that is determined to be an immediate
danger to a person or domestic animal.
(c) Violations.
(1) A
person commits an offense if the person is the owner of an animal
and the person, with criminal negligence, fails to secure the animal
and the animal makes an unprovoked attack that causes injury or death
to a pet animal at a location other than the owner’s real property
or in or on the owner’s motor vehicle or boat.
(2) A person commits an offense if the person is the owner if an animal determined to be vicious under this section and the owner fails to comply with an order issued by the judge pursuant to subsection
(a)(5).
(3) An
offense under this section is a class C misdemeanor.
(4) If
a person is found guilty of an offense under this section, the judge
of the municipal court may order the attacking animal destroyed.
(5) It
is a defense to prosecution under this subsection that:
a. The
person charged 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 animal in
connection with that position.
b. The
person charged is an employee of the institutional division of the
Texas Department of Criminal Justice or a law enforcement agency and
trains or uses dogs for law enforcement or corrections purposes.
c. The
person charged is a dog trainer or an employee of a guard dog company
under Texas Occupations Code, chapter 1702.
(Ordinance 1878, § VI, 6-8-10; Ordinance 1957, § 2, 6-26-12; Ordinance 2104, § 1, 4-26-16)
(a) Determination
that a dog is dangerous.
(1) If a person reports an incident described by the definition of dangerous dog as contained in section
10-2 of this chapter, the animal control officer may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, it shall notify the owner of that fact in writing.
(2) An owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control officer to the municipal court whereupon a hearing will be held pursuant to subsection
(c).
(b) Reporting
of incident.
(1) A person may report an incident described by the definition of dangerous dog as contained in section
10-2 of this chapter to the municipal court. The owner of the dog shall deliver the dog to the animal control officer not later than the fifth day after the date on which the owner receives notice that the report has been filed. The animal control officer may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.
(2) If the owner fails to deliver the dog as required by subsection
(b)(1) of this section, the animal control officer may report this failure to the municipal court whereupon the judge may issue a warrant authorizing seizure of the dog. The animal control officer shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog.
(3) The judge shall determine, after notice and hearing as provided in subsection
(c) of this section, whether the dog is a dangerous dog.
(4) The
judge, after determining that the dog is a dangerous dog, may order
the animal control officer to continue to impound the dangerous dog
in secure and humane conditions until the court orders disposition
of the dog and the dog is returned to the owner, ordered removed from
the city, or destroyed.
(5) The owner shall pay any cost or fee associated with the continued impoundment under subsection
(b)(4).
(6) The
city, by the adoption of this subsection, hereby elects to be governed
by V.T.C.A., Health and Safety Code section 822.0422.
(c) Hearing.
(1) The court shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with subsection
(d) of this section. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered.
(2) The
court shall give written notice of the time and place of the hearing
to:
a. The
owner of the dog or the person from whom the dog was seized; and
b. The
person who made the report.
(3) Any
interested party, including the city attorney, may present evidence
at the hearing.
(4) The
court shall determine the estimated costs to house and care for the
impounded dog during the appeal process and shall set the amount of
bond for an appeal adequate to cover those estimated costs.
(5) The
owner of a dog or the person making the report may appeal the decision
of the municipal court in the manner described by Texas Health and
Safety Code section 822.0424.
(d) Requirements
for owner of dangerous dog.
(1) Unless
an appeal is pending pursuant to section (a)(2); not later than the
30th day after a person learns that the person is the owner of a dangerous
dog, the person shall:
a. Register
the dangerous dog with the city animal control department;
b. Restrain
the dangerous dog at all times on a leash, harness, or other restraining
device, and with a muzzle in the immediate control of a person or
in a secure enclosure, as defined by V.T.C.A., Health and Safety Code
section 822.041;
c. Obtain
liability insurance coverage or show financial responsibility in an
amount of at least $100,000.00 to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person and
provide proof of the required liability insurance coverage or financial
responsibility to the animal control officer for the area in which
the dog is kept; and
d. Comply
with all applicable city or state regulations, requirements, or restrictions
on dangerous dogs.
(2) In addition to or in lieu of the requirements of subsection
(d)(1) of this section, unless an appeal is pending, the animal control officer or the judge may order that the dog be permanently removed from the city within said 30-day period.
(3) The owner of a dangerous dog who does not comply with subsection
(d)(1) of this section shall deliver the dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog.
(4) If the judge finds, after notice and hearing provided by subsection
(c) of this section, that the owner of a dangerous dog has failed to comply with subsection
(d)(1),
(2) or
(3), the judge shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. The animal control officer shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions.
(5) The
owner shall pay any cost or fee assessed by the city related to the
seizure, acceptance, impoundment, or destruction of the dangerous
dog.
(6) The court shall order the animal control officer to humanely destroy the dog if the owner has not complied with subsection
(d)(1) of this section before the 11th day after the date on which the dog is seized or delivered to the animal control officer except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dog during the pendency of an appeal. The court shall order the animal control officer to return the dog to the owner if the owner complies with subsection
(d)(1) of this section before the 11th day after the date on which the dog is seized or delivered to the authority.
(7) The
court may order the humane destruction of a dog if the owner of the
dog has not been located before the 15th day after the seizure and
impoundment of the dog.
(8) For
purposes of this subsection, a person learns that the person is the
owner of a dangerous dog when:
a. The
owner knows of an attack described by the definition of dangerous
dog as contained in this chapter;
b. The
owner received notice that a justice court, county court, or municipal
court has found that the dog is a dangerous dog; or
c. The
owner is informed by the animal control officer that the dog is a
dangerous dog under this section.
(e) Registration.
(1) The
animal control officer shall annually register a dangerous dog if
the owner:
a. Presents
proof of:
1. Liability insurance or financial responsibility, as required by subsection
(d)(1)(c) of this section;
2. Current rabies vaccination of the dangerous dog; and
3. The secure enclosure in which the dangerous dog will be kept; and
b. Payment of an annual registration fee as set forth in section
30-4 of this code.
(2) The
animal control officer shall provide to the owner registering a dangerous
dog a registration tag. The owner must place the tag on the dog’s
collar.
(3) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority of the new address where the dog is located. On presentation by the current owner of the dangerous dog’s prior registration tag and payment of a fee as set forth in section
30-4 of this code, the animal control officer shall issue a new registration tag to be placed on the dangerous dog’s collar.
(4) An
owner of a registered dangerous dog shall notify the animal control
officer of any attacks the dangerous dog makes on people.
(f) Attack
by dangerous dog.
(1) A
person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on another person outside
the dog’s enclosure and causes bodily injury to the other person.
(2) An
offense under this section is a class C misdemeanor.
(3) If
a person is found guilty of an offense under this section, the court
may order the dangerous dog destroyed by a person listed in V.T.C.A.,
Health and Safety Code section 822.004.
(g) Violations.
(1) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with subsection
(d) or
(e)(1) of this section.
(2) An
offense under this section is a class C misdemeanor.
(h) Defenses.
(1) It is an affirmative defense to prosecution under subsection
(f) or
(g) of this section that the person 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) It is an affirmative defense to prosecution under subsection
(f) or
(g) of this section that the person 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.
(3) It is an affirmative defense to prosecution under subsections
(f) and
(g) of this section that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code chapter 1702.
(i) Authority
of animal control officer.
(1) In
addition to any other authority conferred by this code of ordinances
or state law, an animal control officer or a peace officer shall have
the authority to immediately seize and impound any animal that bites
a person.
(2) If
impoundment cannot be done safely, nothing in this chapter shall impair,
restrict or remove the authority of an animal control officer or a
peace officer to destroy an animal that is determined to be an immediate
danger to a person.
(Ordinance 1878, § VI, 6-8-10; Ordinance 1957, § 2, 6-26-12; Ordinance 2104, § 1, 4-26-16)
(a) All
dogs kept solely for the protection of premises and property, residential,
commercial or personal, shall be registered with the city animal shelter.
The building area or premises in which such dog is confined shall
be conspicuously posted on all sides with warning signs bearing letters
not less than two inches high, stating “GUARD DOG ON PREMISES.”
(b) Each guard dog shall be issued a tag designating that animal as a guard dog for a fee as set forth in section 30-4(l). Such tag shall be attached to the collar or harness of the guard dog at all times, and shall bear the words “GUARD OR ATTACK DOG.” Owners of guard dogs registered hereunder shall be required to comply with the provisions of section
10-133.
(c) The
building area or premises where a guard dog is maintained shall be
subject to inspection by any animal control officer to determine that
the animal in question is maintained and secured at all times in such
a manner as to prevent its contact with the public.
(Code 1974, § 3-17; Ordinance 1098, § II, 10-13-92; Ordinance 1878, § VI, 6-8-10)
(a) An owner,
harborer, or other person having care, custody, or control of an animal
commits an offense if he/she knowingly permits, or by insufficient
control, allows the animal to defecate in the city on private property
or on property located in a public place unless;
(1) The
owner, harborer, or other person having care, custody, or control
of the animal immediately and in a sanitary and lawful manner remove
and dispose of, or caused the removal and disposal of, all excreta
deposited on the property by the animal;
(2) The
property was owned, leased, or controlled by the owner, harborer,
or person having care, custody, or control of the animal;
(3) The
owner or person in control of the property had given prior consent
for the animal to defecate on the property; or
(4) The
animal was being used in official law enforcement activities.
(b) This
section does not apply to an animal that is specially trained to assist
a person with a disability and that was in the care, custody, or control
of that disabled person at the time it defecated or was otherwise
present on private property or on property located in a public place
(c) A person
who violates this section is guilty of violation of this chapter.
(Ordinance 1674, § 1, 1-25-05; Ordinance 1878, § VI, 6-8-10)
(a) Any
person owning or harboring any dog or cat or allowing such dog or
cat to reside or be domiciled within the city may register such dog
or cat and obtain a registration tag for such dog or cat.
(b) The
owner or harborer of a dog or cat in the city will be issued a registration
tag upon certification of current rabies immunization in accordance
with article V of this chapter.
(c) Registration
of a dog or cat may be performed at the city animal shelter or by
other means that may be established by the city in the future. Registration
information shall include but not be limited to the name, address,
e-mail address and phone number of the owner or harborer, the breed,
sex and coloring of the dog or cat registered, rabies tag number and
the name and address of the veterinarian administering the rabies
immunization.
(d) A dog or cat at large that is picked up by the city animal control that does not have a city registration tag will be required to be registered. The owner or harborer of such dog or cat will be charged a registration fee as set forth in section
30-4 of this Code prior to the release of such dog or cat to the owner or harborer.
(Ordinance 1811, § 1, 5-27-08; Ordinance 1878, § VI, 6-8-10)
(a) It shall
be unlawful to keep bees in such a manner as to deny any person the
reasonable use and enjoyment of adjacent property or endanger the
personal health and welfare of the inhabitants of the City of Euless.
(b) Upon
receipt of a sworn complaint by any person, including the city attorney
or a peace officer, to the municipal court that bees are being kept
in a manner that denies the reasonable use and enjoyment of adjacent
property or endangers the personal health and welfare of the inhabitants
of the city, the municipal court shall set a time for a hearing to
determine whether the bees are being kept in violation of this chapter.
The hearing shall be held not later than the 15th day after the judge
of the municipal court receives and reviews the complaint.
(c) The
municipal court shall give written notice of the time and place of
the hearing to:
(1) The
owner of the bees or the person maintaining the bees.
(2) The
person who made the sworn complaint.
(d) Any
interested party, including the city attorney, may present evidence
at the hearing.
(e) If the
municipal court determines that the bees deny to any person the reasonable
use and enjoyment of adjacent property or endanger the personal health
and welfare of the inhabitants of the city, the municipal court shall
order the bees removed from the property. Upon receipt of such order,
the owner or person maintaining the bees shall remove the bees within
ten calendar days of the order. Failure to comply with the municipal
court order shall constitute a separate violation of this Code for
each day of non-compliance, and in addition, the city may contract
for the removal of the bees and charge the owner or person maintaining
the bees for such removal.
(f) A violation of this section shall be considered a violation of an ordinance governing public health and safety, and the enhanced remedies provided for such violations in section
1-12 of this Code shall apply, and no person shall ever acquire a vested right to use his property in violation hereof.
(Ordinance 1878, § VII, 6-8-10)
(a) A person
commits an offense if the person exchanges a cat or dog for consideration,
regardless of the age of the cat or dog, at a location other than
where the cat or dog was born.
(b) A person
commits an offense if the person sells, trades, barters, leases, rents,
gives away, or displays for a commercial purpose a cat or dog on a
roadside, public right-of-way, parkway, median, park, playground,
swimming pool, other recreation area, commercial or retail parking
lot, or at an outdoor special sale, swap meet, flea market, parking
lot sale, or similar event.
(c) This
section does not apply to:
(1) The
city animal control center or a not-for-profit 501(c)(3) animal welfare,
rescue or adoption organization;
(2) A mobile pet adoption event at which consideration is paid if it is operated by an organization that is exempt pursuant to subsection
(c)(1) of this section.
(d) It is an affirmative defense to prosecution under subsections
(a) and
(b) above that the person is working on the behalf of a veterinary clinic; animal hospital; animal shelter; not-for-profit 501(c)(3) animal welfare, rescue or adoption organization; bona fide zoological park; circus; educational institution; museum; licensed laboratory; publicly owned nature center; bona fide educational or scientific association or society approved by the director of health; or organization holding permits from an agency of the state or the United States for the care and keeping of animals for rehabilitative purposes.
(Ordinance 2276, §1, 4-13-21)