(a) Animals at large prohibited.
It shall be unlawful for
an owner of an animal to allow an animal to chase vehicles or molest,
attack, or interfere with other animals or persons on public property,
or be at-large. The animal control officer is authorized to impound
any animal found and determined to be at-large.
(b) All
animals shall be kept under restraint at all times while in the city.
(c) An
owner shall exercise proper care and control of their animals to prevent
such animals from becoming a public nuisance.
(d) Every
female dog or cat in season (estrus) shall be kept securely confined
in such a manner that it cannot come in contact with a male dog or
cat except for planned breeding.
(e) Unlawful restraint of an animal.
(1) An owner may not leave an animal outside and unattended by use of
a restraint that unreasonably limits the animal’s movement.
(2) In this section, a restraint unreasonably limits an animal’s
movement if the restraint:
(A) Uses a collar that is pinch-type, prong-type, or choke-type or that
is not properly fitted to the animal;
(B) Is a length shorter than the greater of:
(i)
Five times the length of the animal, as measured from the tip
of the animal’s nose to the base of the animal’s tail;
or
(C) Is in an unsafe condition; or
(D) Causes injury to the animal.
(3) Exceptions: This section does not apply to:
(A) An animal restrained to a running line, pulley, or trolley system,
and that is not restrained to the running line, pulley, or trolley
system by means of a pinch-type, prong-type, choke-type, or improperly
fitted collar;
(B) An animal restrained in compliance with the requirements of a camping
or recreational area as defined by a federal, state, or local authority
or jurisdiction;
(C) An animal restrained for a reasonable period, not to exceed three
hours in a 24-hour period, and no longer than is necessary for the
owner to complete a temporary task that requires the dog to be restrained;
(D) An animal restrained while the owner is engaged in, or actively training
for, an activity that is conducted pursuant to a valid license issued
by this state if the activity for which the license is issued is associated
with the use or presence of a dog;
(E) An animal restrained while the owner is engaged in conduct directly
related to the business of shepherding or herding cattle or livestock;
or
(F) An animal restrained while the owner is engaged in conduct directly
related to the business of cultivating agricultural products, if the
restraint is reasonably necessary for the safety of the dog.
(Ordinance 22-0205 adopted 2/1/22)
(a) Animals
which are normally and customarily kept as pets and not prohibited
elsewhere in this chapter are allowed in any zoning district, provided
that such animal(s) are kept in accordance with the requirements of
all federal, state, or local regulations. The list of animals authorized
by this section includes pigeons, chickens, pheasants, cows, horses,
sheep, goats and other livestock.
(b) Pigeons.
A maximum of 15 pigeons is allowed on a single
lot, parcel or tract of land. All pigeons shall be confined at all
times in a clean, sanitary cage or loft located at least 75 feet from
any residence or adjacent property not owned by the owner of the pigeons.
(c) Livestock or fowl.
A minimum of one acre (43,560 square
feet) is required for livestock or fowl. Any fraction of an acre does
not count when calculating the number of animals allowed. The maximum
number of animals allowed per acre is as follows:
(1) Farm animals (horses, cows, sheep, goats, et cetera): Two on any
one- or two-acre tract; on tracts larger than two acres, one additional
animal is permitted for each additional full acre.
(d) Livestock
and fowl shall not be housed within 25 feet of any residence or adjacent
property line. No livestock or fowl shall be allowed to roam, graze,
or be housed within 200 feet of any food service establishment or
food processing establishment.
(e) Exclusions.
Subsections
(b) and
(c) of this section shall not apply to animal control facilities, veterinary establishments, animal hospitals operated by a licensed veterinarian, or commercial animal establishments located on property zoned for such purposes. Such establishment, however, must meet sanitation requirements and keep animals securely caged or penned. Subsections
(b) and
(c) shall not be construed to prohibit any person engaged in operating any slaughter house, packing house, or stockyard from keeping livestock for a reasonable length of time while awaiting their use.
(Ordinance 22-0205 adopted 2/1/22)
(a) It
shall be unlawful for any person to intentionally or knowingly:
(1) Beat, cruelly treat, torment, torture, overload, overwork, or otherwise
abuse any animal;
(2) Fail unreasonably to provide necessary water, food, care, shelter,
and ventilation for an animal in his custody;
(3) Abandon unreasonably any animal in his custody;
(4) Transport or confine any animal in a cruel manner;
(5) Kill, injure, or administer poison to an animal. This shall not apply
to rodent control or pets brought to an animal facility or veterinarian
for euthanasia;
(6) Cause or instigate an animal to fight with another;
(7) Give away any live animal, fish, reptile or bird as a prize for,
or an inducement to enter, any contest, game, or other competition,
a place of business, or business agreement;
(8) Fail to stop and render assistance or to report an injury or death
of a domestic animal to the owner, police department, or animal control
officer when one has struck an animal with a vehicle;
(9) Allow an animal to ride in the open bed of a vehicle, unless it is
restrained in such a way that it cannot jump or accidentally fall
out of the vehicle; or
(10) Trap an animal by means of a steel jaw leg or neck trap.
(b) Seizure and disposition of cruelly treated animal.
The
procedures for the seizure and disposition of a cruelly treated animal
as outlined in Texas Health and Safety Code chapter 821, subchapter
B, are incorporated fully herein and serve as the basis for this section.
(1) If the animal control officer has reason to believe that an animal
has been or is being cruelly treated, he may apply to the municipal
court for a warrant to seize the animal.
(2) On showing probable cause that the animal has been or is being cruelly
treated, the court shall issue the warrant and set a time within 10
days of the date of issuance for a hearing in the court to determine
whether the animal has been cruelly treated.
(3) The officer executing the warrant shall cause the animal to be impounded
and shall give written notice to the owner of the animal of the time
and place of the hearing.
(4) If the court finds the animal’s owner has not cruelly treated
the animal, the court shall order the animal returned to its owner.
(5) If the court finds the animal’s owner has cruelly treated the
animal, the court shall:
(A) Order a public sale of the animal by auction;
(B) Order the animal given to a nonprofit animal shelter, pound, or society
for the protection of animals; or
(C) Order the animal humanely destroyed if the court decides that such
action is in the best interests of the animal or that the public health
and safety would be served by doing so.
(6) The court may order that the animal disposed under this subsection
be spayed or neutered at the cost of the receiving party.
(7) The owner of the animal may appeal the order. While the appeal is
pending, the animal may not be sold, destroyed, or given away.
(8) Notice of the auction shall be posted where all public notices are
posted.
(9) At the auction, a bid by the former owner or the owner’s representative
shall not be accepted.
(10) Proceeds from the sale of the animal shall be applied first to the
expenses incurred in caring for the animal during impoundment and
in conducting the auction. Any excess proceeds shall be paid to the
court.
(11) If the animal control officer is unable to sell the animal at auction,
he may cause the animal to be destroyed or may give the animal to
a nonprofit animal shelter, pound, or society for the protection of
animals.
(Ordinance 22-0205 adopted 2/1/22)
(a) The
owner of an animal shall be responsible for the immediate removal
of any feces deposited by the animal on public walks, recreation areas,
or private property, excluding the property of the owner.
(b) The
owner of an animal shall keep the area where the animal is kept in
a sanitary condition so as not to become an odor nuisance to neighboring
property.
(Ordinance 22-0205 adopted 2/1/22)
Animals and the premises where animals are kept or maintained
shall be subject to inspection by the city health officer, city health
inspector, animal control officer or designee, or a city employee
in cases of emergency involving serious threats to the public safety
or health.
(Ordinance 22-0205 adopted 2/1/22)