When used in this chapter, the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
The purchase of a dog or cat from the city for pet purposes.
All nonhuman animals, including, but not limited to, livestock,
domestic, exotic, and wild animals, fowl, mammals, amphibians, reptiles
or fish.
The animal control officer for the city.
A facility that keeps or impounds stray, homeless, abandoned
or unwanted animals.
An employee of the city designated by the city manager to
enforce animal control ordinances, receive reports of animal complaints
and bites, investigate such reports, and insure quarantine of suspected
rabid animals, and who otherwise carries out the provisions of state
and local health laws as they pertain to animals within the city.
A puncturing or tearing of the skin by an animal’s
teeth.
A residence or kennel in which one or more specific breeds
of dogs or cats are bred and raised for sale.
Any live or dead cat (Felis domestica).
The person serving in the position of city manager of the
city or their authorized representative.
A dog that:
Makes an unprovoked attack on a person or another animal 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; or
Commits unprovoked acts 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 and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
Any live or dead dog (Canis familiaris) or any live or dead
canine hybrid.
Any animal normally adapted to live in intimate association
with humans, or for the advantage of humans. It includes but is not
limited to the following: livestock, sheep, goats, chickens, ducks,
geese, other fowl, commonly kept domestic birds, hamsters, guinea
pigs, sugar gliders, hedgehogs, gerbils, chinchillas, rabbits, domesticated
rats and mice, and non-venomous reptiles that are less than six (6)
feet long at their maturity.
An animal that provides comfort and support for a person
suffering from an emotional condition, without being trained to perform
a specific job or task. An emotional support animal is by definition
not a service animal as defined in this chapter.
Any animal, which is not naturally tame or gentle, and is
generally not found in the wild in the continental United States,
and those defined by the Texas Department of Parks and Wildlife as
exotic. Exceptions to exotic animals are:
A person who has been issued a permit to transport and foster
not more than six animals in the custody of the city.
Any bird, wild or domesticated, such as but not limited to
chickens, ducks, geese, peacocks, pheasants, quail, turkey or other
fowl, except common household pets such as parakeets, parrots, etc.
Any dog professionally trained for the purpose of protecting
persons or property by attacking or threatening to attack any person
found within the area patrolled by the dog, and that is either securely
enclosed within that area at all times or under continuous control
of a trained handler.
The act of keeping and caring for an animal or providing
premises to which the animal returns for food, shelter or care for
a period of fifteen (15) days.
To house an animal by the city, at the owner’s expense,
in a city-owned or city- designated facility or at the office of an
area veterinarian approved by the director.
A dog or cat that has not been spayed or neutered.
Any shelter where more than three (3) dogs or more than three
(3) cats, or more than three (3) dogs and three (3) cats, are bred,
boarded, or held in return for payment. It includes the term “boarding
kennel.”
Animals commonly associated with farming, ranching, or recognized
commercial production, including but not limited to cattle, horses,
mules, donkeys, jacks, jennets, asses, sheep, goats, hogs, and swine.
It includes potbelly pigs, emus, llamas and ostriches.
A building occupied by any person, including the owner or
person in charge of such animals or persons in the immediate family
of such owner or person in charge.
Any animal impounded or brought to the animal shelter possessing
a collar or harness with a license tag, rabies vaccination tag, or
identification tag or tattoo or microchip implant.
Any person who owns, keeps, shelters, maintains, feeds, harbors
or has temporary or permanent custody of a domestic, exotic or prohibited
animal, or who knowingly permits a domestic, exotic or prohibited
animal to remain on or about any premises occupied by that person
over which that person has control. An animal shall be deemed to be
owned by a person who harbored it, fed it, or sheltered it for three
(3) consecutive days or more, not including weekends and holidays.
If a person under the age of eighteen (18) years owns an animal subject
to the provisions of this chapter, the head of the household of which
such person under the age of eighteen (18) years is a member shall
be the person responsible for the animal under this chapter. There
may be more than one (1) person responsible for an animal.
An individual, firm, partnership, association, corporation,
or other legal entity.
Land or belongings owned by a person or group and kept for
their exclusive use.
Any animal in the city not maintained in compliance with
the requirements of this chapter.
Documentation from a state licensed-to-practice veterinarian
that the animal has been vaccinated on an annual basis with a rabies
vaccine licensed for use in that species by the United States Department
of Agriculture and/or department of state health services.
A period of time, (up to ten (10) days), in which the animal
is kept at a licensed qualified facility under close observation for
signs of rabies or other zoonotic diseases.
The grounds and all buildings under the control of a person
who resides thereon.
An animal is securely caged, confined to its owner’s
home or yard, or secured by a leash of not less than five (5) feet
and not more than ten (10) feet in length with sufficient strength
to control the animal.
Any animal not completely confined by a building, cage, container,
wall, fence of sufficient construction to restrain the animal, leash,
rope, chain, or vehicle, whether on or off the owner’s or harborer’s
premises. It does not include any animal being physically held by
the owner or keeper within the limits of the owner’s private
property, nor does it include any animal in an automobile or in the
back of a pickup truck.
A fenced area or structure that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of a dog;
Clearly marked as containing a dangerous dog; and
In conformance with the requirements for enclosures established
by the local animal control authority.
Any dog or miniature horse that is individually trained to
do work or perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other
mental disability. Other species of animals, whether wild or domestic,
trained or untrained, are not service animals for the purposes of
this chapter.
Doghouse, building, or enclosure, which provides protection
from extreme elements of heat and cold, which will keep the animal
dry, and allows adequate room for movement.
Any animal that is impounded or brought to the animal shelter
not wearing a collar or harness with a license tag, rabies vaccination
tag, or identification tag, or tattoo or microchip implant.
A pig.
A metal tag issued by the city which must be worn at all
times by the licensed dog or cat.
Action by an animal that is not:
Properly injected on an annual basis with a rabies vaccine
licensed for use in that species by the United States Department of
Agriculture and/or department of state health services and administered
by a veterinarian licensed to practice in the state.
Any unprovoked animal, other than a dog, whether on public
or private property, who approaches a person or domestic animal and
exhibits vicious or terrorizing behavior in an apparent attitude of
attack, whether it inflicts injury or not.
Any animal or reptile which commonly exists in a natural,
unconfined state and is usually not domesticated, regardless of the
circumstances or duration of captivity. Examples of wild animals include
but are not limited to the following: raccoon, opossum, skunk, fox,
lion, tiger, bobcat, cougar, panther, leopard, cheetah, bear, javelina,
wolf, coyote, elephant, gila monster, water moccasin, coral snake,
rattlesnake, copperhead, king cobra, any poisonous snake or reptile,
python, boa constrictor, crocodile and alligator.
That the dog or cat be effectively wormed for roundworms,
hookworms, and tapeworms at a minimum of once per year.
(Ordinance 2019-02 adopted 2/5/19)
It is the purpose of this chapter to provide regulations for
the control and care of animals, to prevent and control the transmission
of rabies to human beings and domestic animals, to discourage the
increase of unwanted stray dogs and cats in the city and the attendant
health risks such animals pose, to encourage responsible animal ownership,
to prevent nuisances, and to protect the public health, safety and
welfare of the citizens. Public education institutes and state-licensed
veterinarians are exempt from the requirements of this chapter.
(Ordinance 2019-02 adopted 2/5/19)
(a)
A
person who violates a provision of this chapter, or who fails to perform
an act required of them by this chapter, commits an offense. A person
commits a separate offense each day or portion of a day during which
a violation is committed, permitted or continued.
(Ordinance 2019-02 adopted 2/5/19)
All animal control fees will be as provided for in the fee schedule found in appendix A of this code.
(Ordinance 2019-02 adopted 2/5/19)
(a)
Responsibility for enforcement.
The enforcement of this
chapter shall be the responsibility of the city manager, or designee.
(b)
Citations.
Any police officer, animal control officer,
or ordinance officer of the city shall have authority to issue a citation
for violation of any provision of this chapter. If the person being
cited is not present, a citation may be sent to the alleged offender
by licensed or certified mail.
(c)
Interference with enforcement.
It is unlawful for any
person to interfere with any authorized officer performing his duties
under this chapter.
(d)
Entry on private property in pursuit of animal.
For
purposes of discharging the duties imposed by this chapter, and to
enforce the same, an animal control officer or other authorized representative
may enter upon private property to the full extent permitted by law.
This shall include but not be limited to, entry upon private property
when in pursuit of any animal which they have reason to believe is
subject to impoundment pursuant to the provisions of this chapter
or other applicable laws. An animal control officer shall have the
right to uninterrupted pursuit and apprehension of an animal that
is at-large by entering onto private property or into unsecured structures
(i.e. open garages or sheds) on such property, without first requesting
permission from the owner of the property before entering the property
or without obtaining a search warrant. This provision does not in
any way allow the animal control officers or other representatives’
unsolicited entry into an occupied dwelling or secured structure without
the owner’s expressed consent or lawful search warrant.
(e)
Self-defense.
Upon attack by an animal, an animal control
officer can defend themselves or a complainant, at their discretion,
taking such means as they deem necessary in that situation, to include
the use of a baton or OC spray (pepper spray) as needed.
(Ordinance 2019-02 adopted 2/5/19)
The city manager, or designee, is the designated officer to
act as the local rabies control authority. They may delegate the duties
described herein to an animal control officer or a peace officer.
Among other duties, the local rabies control authority shall enforce
the following:
(1)
Chapter
826 of the Texas Health and Safety Code and the state board of health
rules that comprise the minimum standards for rabies control;
(2)
The
ordinances of the city governing the control of rabies;
(3)
The
rules adopted by the state board of health under the area rabies quarantine
provisions of chapter 826 of the Texas Health and Safety Code.
(Ordinance 2019-02 adopted 2/5/19)
(a)
Report required.
Any person having knowledge of an animal bite or scratch to a human or injury to an animal caused by another animal shall report the incident to the animal control officer as soon as possible, but not later than twenty-four (24) hours from the time of the incident. The owner of the biting animal is then required to quarantine the animal in accordance with section 2.01.008. Bites to humans from rodents, rabbits, birds and reptiles are excluded from the reporting requirements of this section.
(b)
Order by animal control officer.
If an animal in an
unprovoked manner bites or attacks a human or another animal in a
place other than an enclosure in which the animal was being kept and
that was reasonably certain to prevent the animal from leaving the
enclosure on its own, but does not meet the definition of a dangerous
dog or a vicious animal, then the animal control officer shall issue
a written warning to the owner that if the animal bites or attacks
a human or another animal again the animal control officer may order
the animal be removed from the city or the animal be humanely euthanized.
If the animal bites or attacks a human or another animal in the manner
previously described a second time, the animal control officer may
issue a written order to the owner that the animal be removed from
the city or the animal be humanely euthanized. The owner of the animal
shall remove the animal from the city within ten (10) days of receipt
of an order that the animal be removed from the city. The owner of
the animal shall deliver possession of the animal to the animal control
authority within ten (10) days after receipt of the order that the
animal be humanely euthanized.
(c)
Seizure by animal control officer.
If the owner fails to remove the animal from the city or deliver possession of the animal to the animal control authority as required by subsection (b), the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dog or order its seizure and shall humanely euthanize the animal. If the owner of the animal files an appeal under subsection (d), the animal control authority shall provide for the impoundment of the animal in secure and humane conditions until the resolution of the appeal. If the order of the animal control officer is reversed, the animal shall be released to the owner.
(d)
Appeals.
A person may appeal a warning or an order from the animal control officer under subsection (b) of this section to the city manager by delivering a written notice of appeal to the city manager within ten (10) days of receipt of the warning or order. The city manager shall consider the appeal within fifteen (15) days from the receipt of the notice of appeal. The city manager shall affirm, reverse or modify the action of the animal control officer in a written decision, deliver a copy of the written decision to the owner of the animal and the animal control authority and file the decision in the office of the city secretary.
(Ordinance 2019-02 adopted 2/5/19)
(a)
The
owner of any animal that has bitten a human being or whose pet has
been exposed to a rabid animal, shall notify the animal control officer
and shall quarantine the animal for a period of ten (10) days (240
hrs.) at the owner’s expense. The local rabies control authority
(LRCA) has the authority to approve or disapprove quarantine facilities
and will approve all quarantine procedures. The animal control officer
shall approve quarantine at the animal shelter, a veterinary clinic,
or the owner’s premises. If impoundment is required, the owner
is responsible for all expenses. If the biting animal exhibits signs
of illness during that ten (10) day (240 hrs.) observation period,
the owner shall report this fact immediately to the LRCA. A written
release must be obtained from the LRCA upon the expiration of the
quarantine period and before the animal is released.
(b)
If
the owner of the biting animal cannot maintain a secure quarantine,
the animal will be impounded at owner’s expense, or the animal
will be humanely destroyed and the brain submitted to proper authorities
as prescribed by state law.
(c)
No
wild animal will be placed in quarantine, and any such animal involved
in a biting incident will be humanely destroyed.
(d)
A
person commits an offense if they own an animal which has bitten a
human being and fails or refuses to quarantine the animal.
(e)
A
person commits an offense if they interrupt the ten (10) day observation
period during quarantine.
(f)
If
the animal implicated in the potential exposure/bite is a free-roaming
high-risk animal, it shall be euthanized and a suitable specimen submitted
for rabies testing.
(g)
If
the animal implicated in the potential exposure/bite is a low-risk
animal, neither quarantine nor rabies testing will be required unless
the LRCA has cause to believe the animal is rabid, in which case it
shall be euthanized and a suitable specimen submitted for rabies testing.
(Ordinance 2019-02 adopted 2/5/19)
A peace officer or animal control officer is authorized to euthanize
by appropriate and available means any animal under the following
circumstances:
(1)
If
the animal is found running at-large and, in the judgment of such
officer, such animal constitutes an immediate threat to the health
and safety of any person, other animal or the public;
(2)
If
any impounded animal appears to be suffering from extreme injury or
illness, it may be administered euthanasia or given to a nonprofit
humane organization for the purpose of veterinary medical care, as
determined by the animal control officer; or
(3)
Any
nursing baby animal impounded without the mother, or where the mother
cannot or refuses to provide nutritious milk, may be immediately euthanized
to prevent further suffering.
(Ordinance 2019-02 adopted 2/5/19)
The following circumstances and conditions are declared to constitute
a public nuisance:
(1)
Noisy animals.
The harboring of any animal which causes
frequent or long-continued barking, crying, bellowing, braying, crowing,
or bleating noise that reasonably disturbs any person.
(2)
Accumulation of animal wastes.
The harboring of any
animal in such a manner as to endanger the public health by the accumulation
of animal wastes which create foul and offensive odors or create a
breeding place for flies and mosquitoes. This includes all animal
pens, stables or enclosures in which any animal may be kept or confined.
(3)
Animals running at-large.
Any animal running at-large
shall be considered a nuisance.
(4)
Bees.
The harboring of bees in such a manner as to deny
any person the uninterrupted use and enjoyment of adjacent property
or endanger personal health and welfare.
(5)
Distance requirement for keeping livestock.
The stabling,
pasturing or keeping of any livestock within one hundred (100) feet
of any occupied building, other than the owner’s.
(6)
Distance requirement for keeping fowl.
The keeping or
maintaining of any chickens or other fowl in the city within fifty
(50) feet of any residence or occupied building, other than the owner’s.
(7)
Distance requirement for dog kennels.
Any dog kennels
or other places where dogs are raised or boarded within two hundred
(200) feet of any residence, other than the owner’s.
(8)
Distance requirement for keeping rabbits.
The keeping
or maintaining of rabbits in the city within fifty (50) feet of any
residence or occupied building, other than the owner’s residence
or occupied building.
(9)
Confinement of fowl, rabbits, etc.
Failure to keep fowl,
rabbits, minks or other fur- bearers not otherwise addressed in this
chapter in a secure pen or enclosure. Any enclosure in which fowls
or rabbits are kept must be cleaned and disinfected on a frequency
sufficient to prevent any unsanitary conditions.
(10)
Animal waste.
Animal waste which damages soils or defiles
public or private property other than the property belonging to or
under the control of the animal’s owner(s).
(Ordinance 2019-02 adopted 2/5/19)
A person commits an offense if they abandon, leave unattended
on a public right-of-way, or discards any animal, whether alive or
dead, in the corporate city limits.
(Ordinance 2019-02 adopted 2/5/19)
A person commits an offense if they permit any animal to graze
or go upon any street or public thoroughfare within the city, or graze
or go upon any public or private property within the city, except
by written permission of the owner or custodian of such private or
public property.
(Ordinance 2019-02 adopted 2/5/19)
A person commits an offense if they permit, take, possess or
maintain an animal, other than a service animal, into any of the following
public places in the city:
(1)
A
supermarket, grocery store, market, deli, or other place where food
is offered for sale;
(2)
A
restaurant, cafe, buffet, or other food service establishment;
(3)
A
swimming pool, spa, or hot tub facility or, where the swimming pool,
spa, or hot tub is segregated from the remainder of the facility,
the area of a facility that houses a swimming pool, spa, or hot tub
facility; or
(4)
An
exception to this prohibition is allowed for food establishments who
allow certain pets into the open-air patio areas where food is served.
(Ordinance 2019-02 adopted 2/5/19)
A person commits an offense if they sell, offer for sale, barter,
or give away as toys, premiums or novelties, baby chickens, ducklings,
or other fowl under three (3) weeks old, or rabbits under two (2)
months old, unless the manner or method of display is first approved
by the animal control officer.
(Ordinance 2019-02 adopted 2/5/19)
A person commits an offense if they own or harbor any animal
on their premises when a license, permit or registration for the animal
has been denied or revoked.
(Ordinance 2019-02 adopted 2/5/19)
A person commits an offense if they fail to keep the animal
under restraint at all times.
(Ordinance 2019-02 adopted 2/5/19)
No person, except a person licensed by the Texas Parks and Wildlife
Department, shall place or set out steel jaw leg and/or neck traps
with the intent of trapping, capturing or catching any animal.
(Ordinance 2019-02 adopted 2/5/19)
This chapter applies to service animals in the same manner and
to the same extent as it does to any other animal, except to the extent
that enforcement of a particular provision against a service animal
may be prohibited by federal law.
(Ordinance 2019-02 adopted 2/5/19)
(a)
This
chapter applies to an emotional support animal in the same manner
and to the same extent as it would apply to the animal if the animal
was not an emotional support animal.
(b)
An
emotional support animal may not be maintained in the city if it is
a prohibited animal under this chapter.
(Ordinance 2019-02 adopted 2/5/19)
