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:
means Felis catus.
means Canis familiaris.
means any chickens, turkeys, guineas, pigeons, doves or other
feathered animals.
means any of the following: horses, mules, cows, bulls, hogs,
goats, sheep, rabbits, jacks, jennets, mares or stallions.
means any person owning, keeping, harboring, or having control
or custody of any livestock, fowl, dog or cat.
When applied to fowl, means not restrained securely within a
fence, cage or other enclosure, or by other suitable restraint;
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:
(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.
(Ordinance 14-732, sec. 1, adopted 4/10/14; 2007 Code, sec. 10-10)
