(a) License required.
A person commits an offense if the
person harbors a dog or cat without a current license tag for the
dog or cat.
(b) Defenses.
It is a defense to prosecution under subsection
(a) of this section that:
(1) The dog or cat was younger than four (4) months; or
(2) The owner of the dog or cat has resided in the city less than ten
(10) days.
(c) Issuance of license and tag.
A person may license a
dog or cat, in person or in writing, by providing current proof of
rabies vaccination of the animal and payment of the initial license
fee. The owner will receive a metal license tag stamped with the year
issued. The owner must attach the tag to the collar or harness that
is worn at all times by the animal.
(d) Term.
A license shall be valid for a period of one (1)
year from the date of issuance.
(e) Transfer.
A license shall be valid only for the animal
for which it was originally issued. If there is a change in ownership
of a licensed dog or cat, the new owner shall apply to have the license
transferred to their name. There shall be no charge for the transfer.
Application for the transfer may be made to the city in writing or
in person at the animal control facility.
(f) Renewal.
Licenses must be renewed annually. The animal
owner must present proof of current rabies vaccination, a receipt
showing the expiring licensed period, and payment to the city.
(g) Guard or attack dogs.
A person who owns or harbors a
guard or attack dog must inform the city when licensing such dog with
the city. The owner must have on file, with the city’s police
and fire departments, the breed, number, location, and hours of presence
of the dog.
(h) Dogs and cats adopted from animal shelter.
A person
who resides within the city and who adopts a dog or cat from the city
animal shelter shall license the dog or cat before the adoption becomes
effective.
(i) Refusal or revocation.
The animal control officer may
refuse to license an animal or may revoke a license of an animal to
any person who has committed, or who resides with any person who committed,
any of the following offenses:
(1) Cruelty to animals, as provided in Texas Penal Code.
(2) Four (4) or more separate violations of an animal control ordinance
of a municipality of the state within any twelve-month period.
(j) Duplicate license.
A duplicate license tag may be issued
upon presentation of a license receipt showing payment of the current
year’s fees.
(Ordinance 2019-02 adopted 2/5/19)
If the animal control officer denies or revokes a license of
a dog or cat, they shall give notice by personal service or by certified
mail, return receipt requested, to the owner. The dog or cat owner
may appeal the decision to deny or revoke by filing written notice
with the city manager, or designee, within five (5) days after receipt
of notice. The city manager shall mail or cause to be personally delivered
written notice of the time and place of the hearing to the person
appealing. The notice shall be mailed to the address specified in
the notice of appeal form. The city manager, or designee, shall make
their decision on the basis of a preponderance of the evidence presented
at the hearing. The decision of the city manager, or designee, shall
be final.
(Ordinance 2019-02 adopted 2/5/19)
(a) A
person who owns a dog or a cat shall have the animal vaccinated against
rabies after the animal’s fourth month of age, and within each
subsequent twelve-month interval.
(b) A
person commits an offense if they own or harbor a dog or cat which
does not have a current rabies vaccination.
(c) It is a defense to prosecution under subsection
(b) of this section that:
(1) The dog or cat was younger than four (4) months;
(2) The dog or cat was in the care and custody of a licensed veterinarian;
(3) The owner or harborer of the dog or cat has resided in the city less
than ten (10) days; or
(4) A nonprofit corporation is transferring the animal from the city
to another facility, a breed rescue group or a foster caregiver.
(d) The
animal owner shall obtain a serially numbered tag exhibiting such
proof from the veterinarian and must attach the tag to a collar or
harness that is worn at all times by the animal.
(e) Upon
request, the owner or harborer of a dog or cat shall show to the animal
control officer the animal’s certificate of vaccination against
rabies.
(f) A
person commits an offense if they own or harbor a vaccinated dog or
cat and refuses to exhibit their copy of the certificate of vaccination
upon demand to the animal control officer.
(Ordinance 2019-02 adopted 2/5/19)
(a) A person commits an offense if they harbor more than three (3) dogs on residential premises. As provided in section
2.02.003, these dogs must be vaccinated and licensed with the city.
(b) A person commits an offense if they harbor more than three (3) cats on residential premises. As provided in section
2.02.003, these cats must be vaccinated and licensed with the city.
(c) It is a defense to prosecution under subsection
(a) or
(b) of this section that:
(1) The person holds a permit to operate a kennel;
(2) The person holds a foster caregiver permit; or
(3) The person’s dog or cat has a new litter up to six (6) weeks
old.
(Ordinance 2019-02 adopted 2/5/19)
It is a violation of this chapter for an owner, harborer or
custodian of any animal to fail to provide the animal(s) in their
care or custody with sufficient wholesome and nutritious food, potable
water, adequate shelter and protection from weather, i.e., artificial
shade in the summer time, veterinary care when needed to prevent suffering,
grooming when lack thereof would adversely affect the health of the
animal, and humane care and treatment.
(Ordinance 2019-02 adopted 2/5/19)
(a) It
shall be unlawful for any person to exchange a cat or dog for consideration,
regardless of the age of the cat or dog, at a location other than
where the cat or dog was born.
(b) It
shall be unlawful for any person to sell, exchange, trade, barter,
lease, rent, give away or display for a commercial purpose any live
animal on any roadside, public right-of-way, parkway, median, park,
playground, swimming pool, other recreation area, flea market or commercial
or retail parking lot that is generally accessible by the public,
regardless of whether such access is authorized.
(c) A
person commits an offense if the person fails to comply with this
section.
(d) It is an affirmative defense to prosecution under subsections
(a) and
(b) above that the person is a: veterinary clinic; animal hospital; animal shelter; animal welfare, rescue and/or adoption agency that is a registered nonprofit entity in compliance with § 501(c)(3) of the Internal Revenue Code; bona fide zoological park; circus; educational institution; museum; licensed laboratory; publicly owned nature center; bona fide member of an educational or scientific association or society approved by the director of health; persons holding permits from an agency of the state or the United States for the care and keeping of animals for rehabilitative purposes; animal establishment in compliance with the terms of this chapter; or individual caring for animals in their private residence in compliance with the terms of this chapter.
(e) This
section does not apply to:
(1) The animal shelter or an animal shelter certified partner or a not-for-profit
501(c)(3) animal welfare organization, vet clinic or hospital;
(2) An event primarily for the exhibition and judging of cats or dogs;
or
(3) A mobile pet adoption event at which consideration is paid if it
is operated by an organization that is exempt pursuant to subsection
(c)(1) [sic] of this section.
(f) Officers
in the city’s public health, code compliance and police departments
are authorized to investigate alleged violations of this section and
to issue citations for such violations.
(g) Authority
for removal of animal. The animal control authority shall have authority
to remove or cause to be removed from the premises on which the animal
is offered for adoption any animal, which, in the determination of
the animal control authority, poses a risk to the health or safety
of the public or of other animals.
(Ordinance 2019-02 adopted 2/5/19; Ordinance 2023-05 adopted 3/7/2023)
(a) Requirements for obtaining permit.
A person may apply
for a permit to own, harbor or keep more than three (3) dogs or more
than three (3) cats. The applicant shall meet the following requirements
to obtain a kennel permit:
(1) All dogs and cats on the kennel premises must be inoculated and wormed
and the applicant must have records that reflect date and proof of
purchase of worming medication, manufacture lot number, and expiration
date.
(2) Puppies and kittens shall be inoculated and wormed beginning no later
than six (6) weeks of age.
(3) The kennel premises must be of sufficient size and in a sanitary
condition to allow for healthy conditions and treatment of the dogs
or cats.
(4) The applicant must agree to a minimum of three (3) site inspections
by the animal control officer, or more if the animal control officer
deems necessary.
(5) Kennels are only allowed to be located in the city as set out in
accordance with the zoning ordinance and shall be located no closer
than two hundred (200) feet to a residence.
(6) The applicant must:
(A) Complete the application forms required by the animal control officer;
and
(B) Pay the kennel permit fee.
(b) Inspection of premises and facilities.
The animal control
officer shall inspect the applicant’s premises and facilities.
If the applicant meets the requirements of this chapter, and the premises
are of a sufficient size and in sanitary condition to allow for the
healthy keeping of dogs and cats, the animal control officer shall
issue a kennel permit.
(c) Term.
A kennel permit shall be valid for a period of
one (1) year.
(d) Transfer.
A kennel permit is nontransferable and the
permit fee is nonrefundable.
(Ordinance 2019-02 adopted 2/5/19)
(a) The
animal control officer shall deny a kennel permit if:
(1) The applicant does not meet the requirements of section
2.02.031 of this chapter; or
(2) The applicant or a person who resides with the applicant has been convicted of any offenses described in section
2.02.001(i) of this chapter.
(b) The
animal control officer shall revoke a kennel permit if:
(1) The permit holder fails to comply with the provisions of this chapter;
(2) The permit holder fails to adequately care for or protect the dogs
or cats;
(3) The permit holder fails to meet any requirement specified in the
kennel permit; or
(4) The dogs or cats become a nuisance as described in section
2.01.010.
(Ordinance 2019-02 adopted 2/5/19)
If the animal control officer denies or revokes a kennel permit,
they shall give notice by personal service or by certified mail, return
receipt requested, to the owner. The applicant or permit holder may
appeal the decision to deny or revoke by filing written notice with
the city manager, or designee, within five (5) days after receipt
of notice. The city manager shall mail or cause to be personally delivered
written notice of the time and place of the hearing to the person
appealing. The notice shall be mailed to the address specified in
the notice of appeal form. The city manager, or designee, shall make
their decision on the basis of a preponderance of the evidence presented
at the hearing. The decision of the city manager, or designee, shall
be final.
(Ordinance 2019-02 adopted 2/5/19)