For the purposes of this chapter, when not inconsistent with
the context, words used in the present tense include the future tense,
words in the plural include the singular, words in the singular include
the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. Words not defined in this section shall
be given their common and ordinary meaning.
means any live, vertebrate creature, domestic or wild, including
but not limited to dogs, cats, pigs, horses, birds, fish, mammals,
reptiles, fowl, and livestock, but specifically excluding human beings.
means the Collin County animal control authority or another
municipal or county animal control office with authority over the
area in which an animal is kept or the Collin County sheriff’s
office in any area that does not have an animal control office.
means any person(s) designated by the city council or city
manager, through written agreement or otherwise, to enforce the provisions
of this chapter and who is authorized to receive reports of animal
bites, investigate bite reports, administer euthanasia, ensure quarantine
of suspect rabid animals, and otherwise carry out provisions of the
ordinances of the city and the laws of the state that relate to animals,
including, without limitation, rabies control and eradication.
means any animal that physically molests passersby or passing
vehicles, attacks other animals or persons, trespasses on school grounds,
roams at large, damages public or private property, or creates a noise
disturbance in an excessive, continuous or untimely fashion.
means any entity requiring registration of any animal including
the Collin County animal control authority or another municipal or
county animal control office with authority over the area where a
dangerous wild animal is kept or the Collin County sheriff’s
office in any area that does not have an animal control office.
means a facility operated by the Collin County animal control
authority or the city or its agents or designees for the purpose of
impounding or caring for animals held under the authority of this
chapter or state or federal laws.
means an animal that is specially trained or equipped to
help a human being who is diagnosed by a licensed physician with a
physical challenge or emotional disorder.
means an animal, including fowl or livestock, not in a secure
enclosure or not completely confined by a building, wall, pen or fence
of sufficient strength of construction to physically restrain the
animal on the premises behind the front building line of the owner
or custodian; or an animal off the premises of the owner or custodian
that is not under the physical restraint of the owner or custodian
or any other person authorized by the owner to care for the animal
by leash, cord, chain, or rope.
means the appropriate board or council of the department.
means a domesticated animal that is a member of the feline
family; Felis catus.
means the commissioner of the department.
means vaccinated and satisfying the following criteria:
means any person or agency that feeds, shelters, harbors,
has possession or control of, or has the responsibility to control
an animal.
means 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; 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.
means:
A lion;
A tiger;
An ocelot;
A cougar;
A leopard;
A cheetah;
A jaguar;
A bobcat;
A lynx;
A serval;
A caracal;
A hyena;
A bear;
A coyote;
A jackal;
A baboon;
A chimpanzee;
An orangutan;
A gorilla; or
Any hybrid of an animal listed in this definition.
means the department of state health services.
means a domesticated animal that is a member of the canine
family; or Canis familiaris.
when referring to an animal, includes all commonly accepted
domesticated species of animals adapted to live in intimate association
with human beings for the advantage of humans.
means birds raised commercially or domestically for meat,
eggs, and feathers including chickens, ducks, turkeys, geese, guineas,
squabs, and other domestic fowl of the same approximate size and weight.
means ending the life of a suffering, injured, contagious,
or sick animal by utilizing a humane, painless method or a method
required by any state or federal law, as it currently exists or may
be amended.
means the act of keeping and caring for an animal or of providing
a premises or other location to which the animal returns for food,
shelter or care for a period of three consecutive days. This definition
excludes the feeding of local or migratory birds (domestic or wild)
on public or private property.
means a person who harbors an animal.
means the seizing, taking, collecting, confining, or capturing
of an animal.
means local health authority.
means a person licensed by the state board of veterinary
medical examiners to practice veterinary medicine or a person practicing
veterinary medicine on an installation of the armed forces or National
Guard located in the state.
means an animal raised for human consumption or an equine
animal, including exotic livestock as defined by section 161.001,
Agriculture Code.
Large livestock
means horses or any member of the domesticated horse family,
including, but not limited to, mules, donkeys and ponies; all types
and varieties of cattle; alpacas; and other animals of the same approximate
size and weight.
Small livestock
means all types of domesticated sheep, lambs, goats, and
other animals of the same approximate size and weight.
means animals that have a low probability of transmitting
rabies, including, but not limited to: rats, mice, squirrels, gophers,
beavers, prairie dogs, muskrats, nutria, jackrabbits, cottontails,
swamp rabbits, opossums, shrews, moles, armadillos, or any animals
of the orders Rodentia, Lagomorpha, Didelphimorphia, Insectivora or
Xenarthra.
means local rabies control authority. Note: The animal control
authority shall serve as the LRCA and is authorized to enforce this
chapter, receive reports of animal bites/scratches, investigate bite/scratch
reports, ensure quarantine of possible rabid animals, ensure quarantine
of biting/scratching animals, and otherwise carry out provisions of
the Texas Health & Safety Code, chapter 826, as it currently exists
or may be amended, to control and eradicate rabies.
means any and all connected buildings, whether under one
roof or otherwise, and buildings and sheds that may have entrances
to the same or adjoining lot or lots with a gateway or other opening
between them.
means a person who owns or has custody or control of an animal,
or any person who owns, harbors, or has custody or control of a dangerous
wild animal.
means an individual, partnership, corporation, trust, estate,
joint stock company, foundation, or association of individuals.
means and includes domestic dogs, domestic cats, domestic
ferrets, rabbits, rodents, birds, reptiles, and any other species
of animal that is customarily sold or retained as a household pet,
but shall not include swine and wild animals–such as, among
others–skunks, squirrels, coyotes, foxes, opossums, bats, non-human
primates, and any other species of wild, poisonous or carnivorous
animal that may be further restricted in this chapter or regulated
by any state or federal law, as it exists or may be amended.
means a domestic dog that is owned or employed by a governmental
law enforcement agency.
means any structure used to immediately restrict an animal
to a limited amount of space, including a cage, pen, run, room, compartment,
hutch, or structure approved by the LRCA, or his/her designee.
means strict confinement of an animal specified in an order
of the board or its designee:
means an acute viral disease of man and animal affecting
the central nervous system and usually transmitted by an animal bite.
means 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 or any
other animal;
Clearly marked as containing a dangerous animal; and
In conformance with the requirements for enclosures established
by the animal control authority.
means 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 or would require
hospitalization without regard to whether the person actually sought
medical treatment.
means the condition of having no identifiable owner, custodian,
or harborer and/or being a public nuisance.
means the person designated by the city manager or animal
control authority to supervise all aspects and operations of the control
of animals under this chapter.
means properly injected with an approved rabies vaccine,
licensed for use in that species by the United States Department of
Agriculture (USDA), and administered by a licensed veterinarian.
(Ordinance 369-2008 adopted 3/11/08; Ordinance 450-2009 adopted 6/23/09; 2008 Code,
pt. II, art. 4, sec. 1.01)
(a)
Enforcement
of this chapter shall be the responsibility of animal control and/or
other authorized city personnel and/or its authorized agent(s).
(b)
Animal
control officers, code enforcement officers, health inspectors, the
LRCA, the LHA, peace officers, and/or other authorized city personnel
or the city’s authorized agents shall have the authority to
issue citations for any violation of this chapter or remedy violations
by limitations set forth by state or federal law.
(c)
If
the person being cited is not present, animal control or other authorized
personnel or the city’s authorized agent(s) may send a citation
to the alleged offender. Notice may be given in any one of the following
ways: (i) sent via registered or certified mail addressed to the owner
at the owner’s address, or (ii) by hand delivery to the owner
at the owner’s address. If the city or its authorized agent(s)
mails a citation to the owner and the United States Postal Service
returns the notice as “refused” or “unclaimed,”
or if the address that was used for sending the citation is returned
as “not deliverable as addressed” (or an equivalent marking),
the validity of the citation mailed to the owner is not affected,
and the citation is considered to be delivered.
(d)
It
shall be unlawful for any person to interfere with animal control
or any authorized person, or any authorized agent, in the performance
of their duties under this chapter.
(e)
Animal
control, the city police, the LRCA, the LHA, or other authorized personnel
and/or the city’s authorized agents are given the right to trespass
onto any private property in the city in exigent circumstances for
the purpose of determining whether or not any provision of this chapter
has been violated and to impound any animal kept or harbored in violation
of any terms of this chapter.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
12)
Any owner, custodian, person, firm, corporation or business entity violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each continuing day’s violation under this chapter shall constitute a separate offense. While penal in nature, this chapter shall not preclude the city from filing suit to enjoin a violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
13; Ordinance adopting 2019 Code)
(a)
Prohibition.
It shall be unlawful for any owner, custodian,
or harborer to allow any domestic dog or other animal possessed, kept,
or harbored, to roam at large as defined in this chapter, and:
(1)
Every dog or cat must be restrained by its owner;
(2)
Every stray dog or cat is declared a public nuisance;
(3)
Every stray dog or cat shall be detained or impounded by the LRCA
or that officer’s designee; and
(4)
A humane disposition must be made of each unclaimed stray dog or
cat on the expiration of the required impoundment period.
(b)
Authority of animal control officer.
Animal control
officers are authorized to pursue onto private and public property
and impound animals that roam at large. Animal control officers may
impound animals at large under conditions specified in this chapter,
or when the animal control officer has received a complaint that an
animal has caused a nuisance or hazard to the health, safety or welfare
of human beings or the animal population.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
1.04)
The following are determined to be unlawful public nuisances
and are prohibited both within the city’s corporate limits and
within 5,000 feet outside of the city’s corporate limits:
(1)
The
keeping of any animal that physically molests passersby or passing
vehicles, attacks other animals, is not accompanied by a responsible
person who maintains physical control over the animal by leash, cord,
rope or other physical restraint device, trespasses on school grounds,
and/or damages public or private property;
(2)
The
keeping of bees in such a manner as to deny the lawful use of adjacent
property or endanger personal health, safety and welfare;
(3)
Laxness
in supervision of cats;
(4)
The
keeping of any animal(s) that causes frequent, excessive or long continuous
barking, whining, crying, meowing, howling, or other animal-related
noise that interferes with public peace and comfort;
(5)
Maintaining
any animal in such a manner or allowing any pen, enclosure, yard or
similar place used for the keeping of animals to become:
(6)
Allowing
excreta deposited by an animal to remain on public or private property
or allowing any condition injurious to public health caused by the
lack of or improper disposal of animal waste. (Public property includes,
but is not limited to, walks, sidewalks, streets, alleys, parks, or
recreation areas.)
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
1.05)
From and after the effective date of this chapter, it shall
be unlawful for any person, firm or corporation to keep or harbor
more than six domestic dogs, or six domestic cats, or three domestic
ferrets, or any combination of six thereof, providing the number of
domestic ferrets does not exceed three of that species (i.e., five
domestic dogs and one domestic cat; one domestic dog and five domestic
cats; three domestic dogs, two domestic cats and one domestic ferret)
over the age of six months on any one residential dwelling property
located within the city limits.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
5)
(a)
Baby fowl.
It shall be unlawful for any person to sell,
offer for sale, barter, or give away as toys, premiums, or novelties:
baby chickens, ducklings, or other fowl under eight weeks old. Sale
of such animals for agricultural purposes is exempt from this provision
if sold in quantities of ten or more.
(b)
Change of color of certain animals.
It shall be unlawful
to color, dye, stain, or otherwise change the natural color of chickens,
ducklings, other fowl, or rabbits, or to possess for the purpose of
sale or to be given away, any of the above-mentioned animals which
have been so colored.
(c)
Animals as prizes or inducements.
No person shall give
away any animal as:
(1)
A prize or use as an inducement to enter any contest, game or competition;
(2)
An inducement to enter a place of amusement or other nonresidential
establishment; or
(3)
An offer or as an incentive to enter into any business establishment
whereby the offer was for the purpose of attracting trade.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
7)
The following are established as guidelines for pet and animal
care and not intended to contravene with the provisions for animal
cruelty as contained in the Texas Penal Code sections 42.09 through
42.092, as it currently exists or may be amended.
(1)
Every
owner or other person having care and control of any animal shall
provide the following for each animal under his/her care and control:
(A)
Sufficient nutritious and wholesome food, served to the animal in
clean containers, to maintain the animal in good health;
(B)
Clean and wholesome water, served to the animal in a clean container,
such water to be available to the animal at all times;
(C)
Adequate shelter, which shall allow the animal to remain dry and
protected from the elements at all times, allow room for the animal
to stand, move around and lay down apart from its excrement and that
shall provide either natural or artificial shade for the animal to
avoid direct sunlight. If the shelter is provided by enclosure, the
enclosure shall allow for adequate ventilation; and
(D)
Veterinary care as needed to prevent suffering.
(2)
No
person shall torture, beat, cruelly ill-treat, overload, overwork
or otherwise abuse an animal, or cause, instigate, or permit any dogfight,
cockfight, bullfight, or other combat between animals or between animals
and human beings.
(3)
No
owner of an animal shall abandon such animal.
(4)
Any
person who, as the operator of a motor vehicle or any other means
of transportation, strikes any domestic animal or livestock shall
stop at once and render assistance as may be possible and shall immediately
report such injury or death to the animal’s owner. In the event
the animal’s owner cannot be ascertained and/or located, such
person shall at once report the accident to animal control or the
appropriate law enforcement agency.
(5)
No
person shall intentionally or knowingly trip or tip over a horse or
other equine or bovine.
(6)
No
owner, custodian or person shall leave any animal in a standing or
parked vehicle in such a way as to endanger the animal’s health,
safety or welfare, including but not limited to dangerous temperature,
lack of food, water or attention, or confinement with a dangerous
animal. Any animal control officer, peace officer, fire personnel
or other city-authorized person is authorized to use reasonable force
to remove an animal–including but not limited to–the breaking
of a vehicle window, whenever it appears the animal’s health,
safety or welfare is, or soon will be, endangered, and said animal
may be impounded.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
8)
(a)
The
owner, custodian or person in possession of animals shall keep pens,
enclosures, yards, cages, structures, or other similar enclosures
in which any animals are kept, clean and sanitary and shall not create:
(1)
Any offensive odors or visual nuisances (unsightly) within the vicinity
that create a public nuisance;
(2)
Any favorable conditions that breed or attract flies, mosquitoes
or other noxious insects;
(3)
Any favorable conditions for any zoonotic diseases or any other diseases;
or
(4)
Any unsanitary condition that endangers public or animal health or
safety.
(b)
All
persons keeping animals shall comply with the following regulations.
(1)
Manure and droppings shall be removed from pens, stables, yards,
cages and other enclosures as necessary to maintain sanitary conditions
and handled or properly disposed of in such manner as to keep the
premises free of any public nuisances.
(2)
Mound storage of manure or droppings between such removals shall
be permitted only under such conditions as to protect against the
breeding of flies and to prevent the migration of fly larvae (maggots)
into the surrounding soil.
(3)
The feeding of vegetables, meat scraps or garbage shall be done only
in impervious containers or on an impervious platform.
(4)
Watering troughs, tanks or other watering containers provided for
animals shall be equipped with adequate facilities for draining water
overflow to prevent the breeding of flies, mosquitoes, or other insects.
(5)
No putrescible material shall be allowed to accumulate on the premises,
and all such putrescible material that is used to feed that is unconsumed
shall be removed and properly disposed of by burial or other sanitary
means.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
9)
(a)
Only
humane live animal traps may be used for capturing animals roaming
unrestrained in the city. The use of steel jaw traps to apprehend
animals is illegal. As an exception to this section, government agencies
and entities shall be permitted to use such traps and equipment as
necessary and permitted by state law or regulation, as they exist
or may be amended.
(b)
No
person shall remove, alter, damage or otherwise tamper with a trap
or equipment set out by animal control or the city’s agent(s).
(c)
The
animal control traps left at a site at the request of a property owner
or other resident will be the responsibility of the property owner
or resident. The property owner or resident will monitor the trap(s)
each day and contact animal control if any animal(s) is captured.
The property owner or resident will contact animal control within
24 hours in the event of an animal capture for removal by an animal
control officer.
(d)
Damaged
traps or missing traps will be reimbursed to the city, or its agents,
for replacement of the trap(s). Citizens with traps provided by animal
control shall not set the trap on any evenings prior to a holiday
(New Year’s Day, Martin Luther King, Jr. Day, Good Friday, Memorial
Day, July 4th, Labor Day, Thanksgiving Day and the day after, Christmas
Eve and Christmas Day) or on a Saturday, as the animal control officers
will only be running emergency calls on those days as well as on Sundays.
During inclement weather conditions (i.e., temperatures below 40 degrees
Fahrenheit, rain/snow, or excessive heat), cover traps [sic] must
be covered with a blanket, placed in the shade, placed in an enclosure,
or otherwise arranged to mitigate the effect of the weather on the
animal.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
10)
Upon request of an animal control officer, the owner or user
of an assistance animal or therapy animal shall provide written proof
signed by a licensed physician that removal of the animal would be
detrimental to the person who requires the animal for assistance.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
11)
