The purpose of this chapter is to promote the public health,
safety, and general welfare of the citizens of the city and to ensure
the humane treatment of animals by regulating the care and control
of animals within the city as authorized under Texas Local Government
Code section 215.025.
(Ordinance 22-0205 adopted 2/1/22)
The provisions of this chapter are based on and in accordance
with provisions of the Texas Health and Safety Code title 10 Health
and Safety of Animals, in particular chapters 821, 822, and 826. Should
any provision of this chapter conflict with statute, the more stringent
provision or regulation applies.
(Ordinance 22-0205 adopted 2/1/22)
The keeping, holding or maintaining of any animal on any property
located within the corporate limits of the city in violation of this
chapter is a menace to public health and safety and constitutes a
public nuisance.
(Ordinance 22-0205 adopted 2/1/22)
For purposes of this chapter, the following definitions shall
apply except where the context indicates a different meaning:
To dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animal; and shall also mean failing to timely redeem any
animal impounded or quarantined by the city, as specified herein.
To mistreat through intent or neglect any animal in a manner
that causes or is likely to cause stress or physical injury or as
otherwise stated in this chapter.
A sturdy structure:
Any dog or cat over the age of four months.
Any living creature classified as a member of the animal
kingdom, including, but not limited to, birds, fish, fowl, mammals,
and reptiles, but specifically excluding human beings.
Any facility operated by a humane society, or municipal/county
agency or its authorized agents for the purpose of impounding or caring
for animals held under the authority of this chapter or state law.
The person designated by the city to enforce this chapter
or a police officer of the city police department.
Off the premises of the owner and not under the control of
the owner or his employee or his agent by means of a leash, chain,
rope, cord, or such other personal presence and attention as will
reasonably control a dog’s actions and conduct.
Any domestic feline animal (Felis domesticus).
Any commercial variety show featuring animal acts for public
entertainment.
The City of Johnson City.
A band of material specifically designed to be placed around
the neck of a dog.
Any pet shop, grooming shop, kennel, auction, riding school
or stable, zoological park, circus, or performing animal exhibition.
Tortured, seriously overworked, abandoned, deprived of necessary
food, care, or shelter, cruelly confined, or caused to fight with
another animal.
Vaccinated against rabies and satisfies the following criteria:
The animal must have been vaccinated against rabies according
to the label recommendations of a United States Department of Agriculture
(USDA) approved vaccine;
At least 30 days have elapsed since the initial vaccination;
and
The time elapsed since the most recent vaccination has not exceeded
36 months, depending on the vaccine utilized.
A dog that 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.
Any domestic canine animal (Canis familiaris).
Any animal which is not prohibited and commonly kept as pets
at the owner’s residence, including but not limited to, domestic
cats and dogs, domestic ferrets, rabbits, and domestic birds.
A building or portion of a building, including outdoor areas
assigned to said building or portion of a building, that is arranged,
occupied, or intended to be occupied as living quarters for one family
and that includes facilities for food preparation, bathing, use of
the toilet, and sleeping.
Any structure used to immediately restrict an animal or animals
to a limited amount of space, such as a room, pen, run, cage, compartment,
or hutch.
To cause death by a method which:
A set of straps constructed of nylon, leather, or similar
material, specifically designed to restrain or control a dog.
Any offspring of two animals of different species.
To place an animal in the city’s animal control facility;
or the taking into custody of an animal for purposes of transportation
to the city’s animal control facility.
Rain, hail, sleet, snow, high winds, extreme low temperatures,
or extreme high temperatures.
The keeping of an animal so confined so as not to have any
human or other animal contact and is incapable of escape
Any premises wherein any person engages in the business of
boarding, breeding, letting for hire, training for a fee, or selling
animals.
A person licensed by the state to practice veterinary medicine.
Bovine, equine, goat, sheep or poultry.
A person designated by the city to enforce the provisions
of the Rabies Control Act and this chapter.
An owner’s failure to control, restrain or otherwise allow,
either by conduct or condition, any animal to:
Engage in conduct which establishes such animal as a dangerous
animal;
Be at-large as defined herein;
Cause a disturbance by excessive, continuous, or untimely barking,
howling, crowing, or otherwise make excessive noise near the private
residence of another; or continual barking, howling, whining, crowing,
or other audible noise, in excess of 15 minutes, even if in sporadic
bursts;
Produce maggots, flies, odors, or unclean conditions sufficient
to annoy adjacent property owners or residents;
Chase vehicles or molest, attack, or interfere with other animals
or persons on public property;
Damage, soil, defile or defecate on private property, other
than the owners’ property or on public walks or recreation areas,
unless such waste is immediately removed and properly disposed of
by the owner; or
Allow such fecal matter or other animal waste to accumulate
to such a degree as to cause unsanitary, dangerous, or offensive conditions;
or
An animal normally found in the wild that has entered onto any
public or private property and, by its presence, is committing a threat
to public health and safety or is generally interrupting the tranquility
of the location.
To keep, harbor, or have control, charge, or custody of an
animal.
Any person who keeps, harbors, or has charge or control of,
or permits any animal to habitually be or remain on, or be lodged
or fed within his/her house, yard, or premises. This term shall not
apply to veterinarians or kennel operators who have temporary custody
of an animal for a period of less than 60 days or animals owned by
others.
Any spectacle, display, act, or event other than circuses,
in which performing animals are used, excluding certified therapy
animals or demonstration animals used in school educational programs
except swine.
With respect to a collar or harness, a collar or harness
that:
The keeping of an animal so confined so as not to have any
human or other animal contact and is incapable of escape.
That portion of the observation period during which a biting
animal, or an animal which has been bitten, is physically confined
for observation.
To secure an animal by a leash, lead, cage or within the
confines of its owner’s home, yard, or property which is fully
enclosed by a good, secure and substantial fence.
A chain, rope, tether, leash, cable, or other device that
attaches a dog to a stationary object or trolley system.
A fenced area or structure that is:
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.
Properly injected by a licensed veterinarian with a rabies
vaccine licensed for use in that species by the United States Department
of Agriculture.
A certificate showing that the animal described thereon has
received an inoculation of a rabies vaccine in an amount sufficient
to produce an immunity, and bears the signature of a licensed veterinarian.
An establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of a disease and injuries of
animals.
Any animal or animals that constitute a physical threat to
human beings or other animals.
Any warm-blooded animal which is normally found in the wild,
including but not limited to, any nonhuman primate, raccoon, skunk,
fox, poisonous snake, leopard, panther, tiger, lion, lynx, or bear.
Any facility, other than a pet shop or kennel, displaying
or exhibiting one or more species of nondomesticated animals operated
by a person, partnership, corporation, or government agency.
(Ordinance 22-0205 adopted 2/1/22; Ordinance
23-0907 adopted 9/19/2023)
(a)
Wild animals.
It shall be unlawful for anyone to keep
or harbor any wild animal within the city limits. This section does
not apply to zoological parks, performing animal exhibitions, or circuses.
(b)
Vicious animals.
It shall be unlawful for anyone to
keep or harbor any vicious or dangerous animal.
(c)
Animal fighting.
No person shall possess or harbor any
animal for fighting contests, nor shall any person train, torment,
badger, bait, or use any animal for the reason of causing or encouraging
the animal to attack human beings or domestic animals.
(d)
Other prohibited animals.
It shall be unlawful for anyone
to keep any hog, pig or swine, peacock, emu, ostrich, or hybrid wolf
within the city limits, except when confined and in transit through
the city.
(e)
Disturbing the peace.
No person shall own an animal
in such a manner that the peace or quiet of the public is unreasonably
disturbed.
(f)
Feeding animals.
(1)
It shall be unlawful for any person to feed wild animals, stray animals
or feral/community cats, regardless of age, sex or temperament. It
shall also be unlawful for any person to place food of any kind with
the intent to feed wild animals, stray animals or feral/community
cats or to leave, store or maintain food of any kind in a manner or
area accessible to wild animals, stray animals or feral/community
cats, including:
(A)
On any vacant or undeveloped property or tract of land in any zoning
area.
(B)
On property not owned or occupied by the person feeding or attempting
to feed said wild animals, stray animals or feral/community cats.
(C)
On any fenced or unfenced property, even if owned or occupied by
the person feeding or attempting to feed said wild animals, stray
animals or feral/community cats.
(D)
This section shall not apply to: animal services officers or police
officers for the city during the course of their official duties or
a person caring for an infant or injured wild animal that is not capable
of surviving on its own and said person possesses a valid state parks
and wildlife rehabilitation permit and said wild animal is kept in
a secure manner and in accordance with all other city ordinances and
state laws.
(E)
This section shall not apply to: approved zoological parks, performing
animal exhibitions or licensed circuses, primary and secondary schools,
colleges and universities or zoological parks owned or operated by
a governmental entity, provided that any such wildlife is kept in
a secure manner and in accordance with all other city ordinances and
state laws.
(F)
This section shall not apply to bird feeders used for the sole purpose
of feeding wild birds within the boundaries of a person's owned or
occupied property, or the feeding of water fowl within the city parks.
(G)
This section shall not apply to: any person who is using food as
an attractant to live trap a wild animal, a stray animal or a feral/community
cat in a legally authorized or permitted manner.
(H)
This section shall not apply to: any person or entity that feeds
feral/community cats, pursuant to a contract or agreement with Blanco
County Cat Coalition, Inc. and other recognized trap-neuter-release
(TNR) entities or programs.
(2)
If upon investigation, an animal services officer or police officer
for the city, determines that a person is in violation of this section,
the animal services officer or police officer at their discretion,
may issue a warning or citation and time frame for compliance to said
person. Each day that a violation is permitted to exist shall constitute
a separate offense.
(g)
Nuisance. It shall be unlawful for anyone to keep, hold,
or maintain any animal on any property located within the corporate
limits of the city in violation of this chapter that is a menace to
public health and safety and constitutes a public nuisance.
(Ordinance 22-0205 adopted 2/1/22; Ordinance
22-1004 adopted 10/11/2022; Ordinance 22-1004(B) adopted 12/6/2022; Ordinance
23-0907 adopted 9/19/2023)
(a)
The
minimum standards for rabies control in the state contained in the
Rabies Control Act, Texas Health and Safety Code, chapter 826, as
amended, are incorporated fully herein by reference and serve as the
basis for this section.
(b)
Vaccination required.
All dogs, cats, and household
pets over the age of four months within the city shall be immunized
against rabies by a licensed veterinarian and by means of any standard
vaccine approved by the U.S. Government for the prevention of rabies.
The animal must receive a booster within the 12-month interval following
the initial vaccination. The animal must be revaccinated against rabies
every 12 or 36 months, depending on the vaccine used. The licensed
veterinarian who administers such vaccine shall issue to the animal’s
owner a rabies tag and vaccination certificate which contains the
name, address, and telephone number of the owner; the name, species,
sex, date of birth, weight, breed, and color of the animal; the type,
producer, expiration date, and serial number of the vaccine used;
the date vaccinated; the rabies tag number; and the veterinarian license
number and signature. The information on the vaccination certificate
is confidential and not subject to disclosure under Texas Government
Code chapter 552, the Public Information Act.
(c)
Report of exposure to rabies.
(1)
Any veterinarian who shall find any animal within the city limits
afflicted with a disease which is transmissible from the animal to
man shall immediately report to the local health authority such case
together with the name and address of the owner and the location of
the premises where the animal can be found.
(2)
Persons having knowledge of any animal exhibiting symptoms of, or
exposed to rabies, or that has bitten, scratched, or otherwise attacked,
without provocation, an individual or another animal, or that the
person suspects to be rabid or could reasonably foresee as capable
of transmitting rabies, shall report the animal or incident to the
city or the local health authority as soon as possible, but not later
than 24 hours from the time of the incident. The report shall include
the name and address of any victim to the incident or animal.
(d)
Quarantine procedures.
(1)
Any animal that bites or reportedly bites a human or is suspected
of having rabies shall be isolated in strict confinement at the animal
control facility for observation. Such animal shall not be euthanized
or released for at least ten days unless, at the discretion of the
local health authority, the animal is sacrificed for the purpose of
laboratory examination.
(2)
Any currently vaccinated animal that has been bitten by a known or
suspected rabid animal shall be revaccinated immediately (within 48
hours) and placed in isolation under observation for a period of 45
days or euthanized. At the discretion of the local health authority,
any unvaccinated animal which has been bitten by a known or suspected
rabid animal shall be isolated in strict confinement in a place and
manner approved by the local health authority and observed for a period
of 90 days or euthanized.
(3)
In the event the owner refuses to surrender such animal on demand,
such action shall constitute a misdemeanor subject to penalties as
provided in this article.
(4)
The owner of any animal that is isolated shall pay all fees and expenses
related to the confinement and disposition, including, when applicable,
the charges for preparation and shipment of the animal’s head
or brain to the nearest state department of health certified laboratory
for rabies diagnosis. All quarantine related payment arrangements
shall be at the discretion of the quarantine facility.
(5)
In no event shall any animal subject to this section be allowed to
remain at the owner’s home unless a written evaluation by a
licensed veterinarian, establishing health and safety, is acquired
by the owner and submitted to the local health authority. In addition,
the following criteria must be met:
(A)
Approval from the animal control officer at the scene of the incident.
(B)
A secure enclosure must be used to prevent escape.
(C)
The animal has a current vaccination certificate or is an unvaccinated
animal under the age of four months.
(D)
The local health authority or a licensed veterinarian must observe
the animal, at the very least on the first and last days of the quarantine
period.
(Ordinance 22-0205 adopted 2/1/22)
(a)
No
performing animal exhibition or circus shall be permitted in which
animals are induced or encouraged to perform through the use of chemical,
mechanical, electrical, or manual devices in a manner which will cause,
or likely cause, physical injury or suffering.
(b)
All
equipment used on a performing animal shall fit properly and be in
good working condition.
(Ordinance 22-0205 adopted 2/1/22)
