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:
Cat
means Felis catus.
Dog
means Canis familiaris.
Fowl.
means any chickens, turkeys, guineas, pigeons, doves or other feathered animals.
Livestock.
means any of the following: horses, mules, cows, bulls, hogs, goats, sheep, rabbits, jacks, jennets, mares or stallions.
Owner.
means any person owning, keeping, harboring, or having control or custody of any livestock, fowl, dog or cat.
Run at large.
(1) 
When applied to fowl, means not restrained securely within a fence, cage or other enclosure, or by other suitable restraint;
(2) 
When applied to livestock and dogs, means not under the control of the owner by a leash, chain, cord or other suitable material attached to a collar or harness; or not restrained securely within an enclosure or fence.
(1973 Code, secs. 6-1, 6-32; 1991 Code, sec. 7-1; 2007 Code, sec. 10-1)
(a) 
The city manager may designate or establish one or more shelters for the impoundment of animals impounded by the city. The shelter shall be considered the designated caretaker of a stray, impounded or surrendered animal immediately upon intake at the shelter.
(b) 
The city manager may designate one or more persons to serve as the animal caretaker, animal control officer, and local health authority for purposes of carrying out the provisions of the Rabies Control Act and other animal impoundment and shelter tasks (Health and Safety Code chapter 828, Dog and Cat Sterilization; Health and Safety Code chapter 829, Animal Control Officer Training; Occupations Code chapter 801).
(c) 
The city hereby adopts the provisions of V.T.C.A., Health and Safety Code chapter 826, known as the Rabies Control Act of 1981, except where specifically modified in this chapter.
(d) 
Upon intake of an animal at a city shelter, the animal control officer may provide immunizations by a licensed veterinarian employed by the city or by a person under the veterinarian’s supervision, along with any other necessary treatment the veterinarian determines is appropriate for the animal.
(1973 Code, sec. 6-1.1; 1991 Code, sec. 7-2; Ordinance 14-738, sec. 1, adopted 7/24/14; 2007 Code, sec. 10-2)
The keeping of livestock, fowl, dogs or cats within the city in such manner or under such conditions as to cause the spread of germs liable to produce disease or noxious odors or noise hazardous or dangerous to the public health, or which cause discomfort to the inhabitants of the locality wherein the same are kept, is hereby prohibited and declared to be a nuisance.
(1973 Code, sec. 6-2; 1991 Code, sec. 7-3; 2007 Code, sec. 10-3)
The running at large within the city of livestock and fowl is hereby prohibited and herein declared to be a nuisance, and anyone owning, controlling or having responsibility for the control of any of the above-named animals who knowingly permits such animals to run at large within the city shall be guilty of a misdemeanor.
(1973 Code, sec. 6-3; 1991 Code, sec. 7-4; 2007 Code, sec. 10-4)
The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary, subject to the provisions of section 3.01.006.
(1973 Code, sec. 6-4; 1991 Code, sec. 7-5; 2007 Code, sec. 10-5)
(a) 
It shall be unlawful 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. If European starlings, English sparrows, grackles, ravens, red-winged blackbirds, cowbirds, feral rock doves (Columba livia) or crows 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 proper health authorities of the city, then in such event said health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of such clubs as are found to exist in the city, after having given at least three days’ actual notice of the time and place of such meeting to the representatives of such clubs.
(b) 
If as a result of such meeting no satisfactory alternative is found to abate such nuisance, then such birds may be destroyed in such manner and in such numbers as is deemed advisable by such health authorities under the supervision of the chief of police of the city.
(1973 Code, sec. 6-5; 1991 Code, sec. 7-6; 2007 Code, sec. 10-6)
(a) 
Prohibition.
It shall be unlawful for any person to place, keep or harbor upon any premises situated within the corporate limits of the city any bees, beehive or any container or receptacle similar to a beehive, designed or used for the swarming or collecting of bees or for collecting the honeycomb or honey of bees.
(b) 
Declaration of nuisance.
Any beehive used or occupied by bees is hereby declared to be a nuisance and it shall be unlawful to keep or maintain any such hive in the city.
(1973 Code, sec. 6-6; 1991 Code, sec. 7-7; 2007 Code, sec. 10-7)
(a) 
Notwithstanding the prohibitions of this chapter, the following shall be permitted, except when prohibited as a nuisance:
(1) 
Sanctioned programs.
Youth agricultural programs, which shall include but are not be limited to Future Farmers of America and 4-H clubs.
(2) 
Agricultural projects.
The periodic keeping (raising) of livestock, rabbits or fowl within the city for the purpose of competitively exhibiting and selling project animals in various local, county or state livestock events.
(b) 
Failure to abate a nuisance shall result in the immediate removal of the project animal or animals from the city.
(1991 Code, sec. 7-8; Ordinance 99-537 adopted 5/13/99; 2007 Code, sec. 10-8)
(a) 
Kennel defined.
“Kennel” means any building, establishment, place, premises or residence wherein any person keeps, harbors, owns, or maintains more than four dogs over three months of age or more than four cats over three months of age.
(b) 
Residential neighborhood defined.
“Residential neighborhood” means:
(1) 
A subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face;
(2) 
A subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use;
(3) 
A block that is divided into four or more lots or tracts and in which 75 percent or more of the lots or tracts contain a private residence; or
(4) 
A block face that has been divided into at least four or more lots or tracts and at least 75 percent of the front footage along the block face are lots or tracts on which there is a private residence.
(c) 
Prohibited in residential neighborhoods.
A person commits an offense if the person constructs, maintains or operates a kennel in a residential neighborhood.
(d) 
Distance from dwelling, school or church.
A person commits an offense if the person constructs, maintains or operates a kennel as defined in this section within 200 feet of a dwelling, school or church.
(e) 
License required.
Any person in the city conducting, managing or maintaining a kennel shall obtain a license to do so from the building and permits department and pay an annual license fee, regardless of the number of animals kept. The annual license fee may be determined by resolution of the city council and included on the city fee schedule.
(f) 
Payment of license fee.
The license fee shall be for the calendar year or any part thereof during which the kennel is maintained, and shall be due and payable in advance on or before January 1 of each year.
(g) 
Application for license.
Any person desiring to obtain a license shall make application on forms provided by the city and shall include information requested by the city for implementation of this section, including the following information:
(1) 
The full name of the applicant, the street address where the kennel is to be located, and the residence address of each owner, manager and operator of the kennel;
(2) 
Whether any owner or operator is an individual, partnership, corporation or other legal entity;
(3) 
If any owner or operator is a corporation, the names and addresses of all officers of the corporation; and if there are fewer than five shareholders, the names of all shareholders;
(4) 
If any owner or operator is a partnership, the type of partnership and names and addresses of all general partners, and for limited partnerships, the names and addresses of all members;
(5) 
If any owner or operator is an unincorporated association, the names and addresses of all officers of the association;
(6) 
If any applicant does business under an assumed name as that term is defined in Texas Business and Commerce Code section 71.002, all assumed names used;
(7) 
A declaration that the operation of a kennel at the street address where the kennel is to be located will not violate any applicable deed restrictions enforceable by the city;
(8) 
A description of the types of services to be provided at the facility;
(9) 
A declaration that the minimum standards regarding maintenance, sanitation and prevention of nuisances as set forth in the rules and regulations established by the city pursuant to subsection (h) of this section have been met;
(10) 
A declaration that the city may enter and inspect the facility at any reasonable time to ensure compliance with this section; and
(11) 
Any other information reasonably required by the city to ensure compliance with the requirements of this section.
(h) 
Maintenance, sanitation, and prevention of nuisances.
The city shall establish rules and regulations for the minimum standards regarding maintenance, sanitation, and prevention of nuisances for the various types of kennel facilities to be issued a license under this section. The city shall base the rules and regulations on the standards set forth in 9 C.F.R. part 3, subpart A (Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats), and any amendment or successor thereto. The city shall maintain a copy of the city’s rules and regulations for public inspection in the office of the city secretary. Each licensee shall maintain a kennel facility in accordance with the applicable minimum standards set forth in such rules and regulations.
(i) 
Issuance of certificate; display.
The city shall issue a certificate to the person paying for a kennel facility license, which certificate shall contain the information specified in subsection (m) of this section. The licensee shall display the certificate at all times in a prominent place in the kennel facility.
(j) 
Changes in information.
A licensee shall notify the city by personal delivery or certified mail of any change in the name, address, management, or substantial control or ownership of ten percent or more of the outstanding shares of stock as shown on the license application of the business or operation within ten calendar days of any such change.
(k) 
Transfer of license.
A license issued under this section shall be personal to the applicant and shall not be transferable or otherwise assigned.
(l) 
Place of business.
A license issued under this section shall only be valid for the address of the facility provided in the application.
(m) 
Record of licenses.
The city shall keep permanent record of all kennel facility licenses issued under the terms of this chapter, which record shall show the following information:
(1) 
The name and address of all persons being issued a kennel license;
(2) 
The name and address of the kennel;
(3) 
The number of the kennel license;
(4) 
The date the license was issued;
(5) 
The amount paid for the license.
(n) 
Suspension or revocation of license.
The city may suspend and/or revoke any kennel license if any of the following conditions occur:
(1) 
Animals at the kennel facility are being deprived of necessary food, water, care or shelter;
(2) 
Animals at the kennel facility are being cruelly confined or are otherwise being cruelly treated;
(3) 
Unsanitary conditions exist at the kennel to such an extent that those conditions create a possible medium for the transmission of disease to the animals kept there or to human beings; or
(4) 
The licensee or any agent or employee of the licensee responsible for the oversight or operation of the kennel receives three or more convictions for violations of this chapter in relation to the operation of the kennel in a 12-month period.
(o) 
Notice of suspension or revocation.
Prior to suspension and/or revocation, written notice shall be given to the licensee, the person in charge of the kennel, or any employee or agent of the licensee. The notice shall set forth:
(1) 
The specific conditions existing at the kennel that are grounds for suspension and/or revocation of the license pursuant to subsection (n) of this section;
(2) 
That a hearing will be held by the municipal court judge;
(3) 
The date, time and place of the hearing; and
(4) 
That the licensee may appear in person and/or be represented by counsel and may present testimony and cross-examine all witnesses.
The hearing shall be held not later than ten business days after the date the licensee received notice of the suspension.
(p) 
Hearings.
All hearings shall be held by the municipal court judge and shall be conducted under rules consistent with the nature of the proceedings; provided, however, the following rules shall apply to each hearing:
(1) 
All parties shall have the right to representation by a licensed attorney, though an attorney is not required;
(2) 
Each party may present witnesses in his/her own behalf;
(3) 
Each party has the right to cross-examine all witnesses; and
(4) 
Only evidence presented before the municipal court judge at the hearing may be considered in rendering the order.
If the licensee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that conditions exist at the kennel that are grounds for suspension of the license pursuant to subsection (n) of this section.
(q) 
Removal of animals after suspension or revocation.
If the license is suspended or revoked, no one shall accept or place any animal in the kennel and all animals at the kennel on the date the license is suspended and/or revoked shall be removed by the licensee as soon as possible, but in no case no later than ten calendar days after receipt by the licensee, his/her agent or his/her employee of the order of the suspension and/or revocation from the municipal court judge.
(r) 
Reinstatement of license.
In the event a license is revoked, the city shall not be liable to the licensee for any refund of any part of the license fee. Reinstatement of a license that has been suspended or revoked shall require application and payment of a license fee as if it were an initial application; provided, however, no license shall be issued to the same licensee if the licensee has been convicted of any offense involving cruelty to animals; no license shall be issued to the same licensee within one year of the date a license has been revoked; and no license shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the license was revoked shall not reoccur. If there is a dispute between the inspector and a person applying for a license for a place for which a license was revoked as to whether adequate precautions have been taken so that the conditions under which the license was revoked will not reoccur, the applicant may requires a hearing before the municipal court judge. The hearing shall be conducted under the same procedures as a hearing for a suspension and/or revocation of a license; however, the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the license was revoked will not reoccur.
(Ordinance 14-732, sec. 1, adopted 4/10/14; Ordinance 18-820, sec. 1, adopted 4/19/18; 2007 Code, sec. 10-9)
(a) 
A person commits an offense if the person keeps, harbors, owns, maintains, or allows to be harbored, owned, or maintained more than a total of four dogs or cats, over three months of age, upon or within any premises owned, occupied, or under the control of such person within 60 feet of a residence that the person does not have the right to occupy.
(b) 
A person commits an offense if the person keeps, harbors, owns, maintains, or allows to be kept, harbored, owned, or maintained more than three dogs or cats, over three months of age, within any apartment of, or on the premises of, a multiple dwelling structure within the city.
(c) 
The provisions of subsection (a) shall not apply to an animal shelter, kennel, pet shop, or veterinary clinic in existence prior to April 10, 2014.
(Ordinance 14-732, sec. 1, adopted 4/10/14; 2007 Code, sec. 10-10)
(a) 
It shall be a violation of this section for a person to dump, release or abandon any animal whatsoever on any properly, whether public or private within the city.
(b) 
Any animal found to be restrained or situated in a way that it does not have access to air, food, water and shelter appropriate to maintain life and health shall be considered to be abandoned.
(c) 
Any person having knowledge of an animal which has been or is believed to have been dumped, released or abandoned shall so notify the animal control officer and shall provide all pertinent information, including the description of the animal, the location of the animal and the name, address, car license plate number, or any other information or description of the person who dumped, released or abandoned the animal, if known.
(d) 
Any person found in violation of this section shall be deemed guilty of a class C misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each animal abandoned shall constitute a separate offense.
(Ordinance 24-973 adopted 8/8/2024)
Any person who keeps, harbors, feeds, shelters, or otherwise allows any stray animal or any animal that has been abandoned, to remain on the person's property for three (3) or more days without notifying the animal control officer, shall hereby be deemed the owner of said animal.
(Ordinance 24-973 adopted 8/8/2024)