To desert or leave without care.
Any dog that meets one or more of the following conditions:
Bites, assaults, or otherwise attacks a person without provocation
on the property of the owner and causes bodily injury to the person,
provided that the person is on the property of the owner with the
owner's consent or invitation;
Has displayed aggressive tendencies that cause a person of normal
sensibilities to fear the dog will attack that person or a domesticated
animal without provocation while inside or outside an enclosure, and
such enclosure, if any, is not sufficient to ensure the safety of
persons or domesticated animals on adjoining property or the public
at-large;
Has otherwise interfered with the freedom of movement of persons
in a public right-of-way, regardless of whether the dog was on the
property of its owner;
A peace officer or animal control officer has reason to believe
the dog has a dangerous disposition and is likely to be harmful to
humans or other domestic animals; or
Bites, assaults, or otherwise attacks a person or domestic animal
without provocation not on the property of the owner whether or not
the dog causes bodily injury to the person or domestic animal.
The term "aggressive dog" shall not apply to animals that are
in the service of law enforcement agencies or guard dogs restrained
as provided by this chapter, and further provided that such guard
dogs have been registered with the animal control authority and police
department and the owner possesses, if required, a license under the
Texas Private Security Act and signs of warning on the property are
prominently displayed.
Any member of the group of living beings belonging to the
subphylum Vertebrate, specifically excluding human beings.
A person designated by the city manager to receive reports
of animal bites, investigate bite reports, ensure quarantine of possibly
rabid animals and otherwise carry out provisions of the state law
pertaining to control and eradication of rabies and to enforce the
provisions of this chapter.
Any pet shop, grooming shop, kennel or animal shelter in
which more than three (3) dogs and cats are confined, except this
term shall not include veterinary medical facilities, licensed research
facilities, facilities operated by government agencies, or licensed
animal dealers regulated by the USDA under the provisions of U.S.
Public Laws 89544 and 91579.
A facility designated or recognized by the city for the purpose
of impoundment, quarantine, shelter and destruction of stray, diseased,
injured, aggressive, dangerous, nuisance or vicious animals.
An animal is at-large when it is:
On the premises of the owner and is not tied, staked, or restrained
securely within an enclosures or fence capable of fully and totally
securing the animal; or
Off the premises of the owner, and is not on a leash under the
immediate control of a person physically capable of restraining the
animal or is not restrained securely within an enclosure or fence
capable of fully and totally securing the animal.
Physical pain, illness, or any impairment of physical condition
that results from a bite or attack by a dog.
Any member of the family Feline domestica.
Any 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.
Any member of the family Canine familiaris.
Any beast or bird in common use that has been bred or trained
to need and accept the care of humans and to live in a tame condition,
including, but not limited to, livestock, goat, swine, dog, cat, fowl,
caged birds, amphibians, fish, reptiles other than poisonous or dangerous
reptiles, small caged rodents and the common ferret, or other beast
or bird. The term does not include exotic or wild animals.
The same as a "wild animal."
All animals belonging to the class Aves, including all game
birds such as, but not limited to, the following: dove, quail, chicken,
duck, goose, pigeon, cardinal, bluejay, robin, sparrow, blackbird,
crow.
The act of keeping and caring for an animal or of providing
premises to which the animal returns for food, shelter or care for
a period of three (3) days.
Any member of the family Equidae domestica.
Care of a domestic animal, to include, but not be limited
to, ventilation and sanitary shelter, wholesome food and water, consistent
with the normal requirements and feeding habits of the animal’s
size, species and breed.
An establishment kept for the purpose of breeding, selling
or boarding dogs or cats or engaged in training dogs or cats.
The agency or department of the city or any designated representative
thereof charged with administering the issuance and/or revocation
of permits and licenses under the provisions of this chapter. The
city shall designate the licensing authority.
Domestic animals generally used or raised on a farm for profit
or use, including but not limited to cattle, horses, cows, sheep,
bulls, stallions, jacks, and swine.
A domesticated animal shall be considered a nuisance if it:
Damages, soils, defiles or defecates on private property other
than the owner’s or on public walks and recreation areas unless
such waste is immediately removed and properly disposed of by the
owner.
Causes unsanitary, dangerous or offensive conditions.
Causes a disturbance by excessive barking or other noise-making.
Chases vehicles, or molests, attacks or interferes with persons
or other domestic animals on public property.
Any person, firm or corporation who has in his care, harbors
or keeps an animal or causes or permits an animal to remain on or
about his premises for a period of three (3) days.
Any individual, corporation, partnership, organization or
institute commonly recognized by law as a legally accountable unit.
An establishment engaged in the business of buying or selling
at retail animals for profit-making purposes.
Any dog that meets one of the following conditions:
Substantially interferes with the right to enjoyment of life
or property by persons other than the owner by acts including, but
not limited to, frequent, long, or continued barking or howling, repeated
defecation on property other than that of the owner, or damaging property
other than that of the owner;
Is documented by the animal control authority, a police officer,
a neighborhood protection official or a member of the public to be
running at-large three or more times in a 12-month period; or
Is one of a number of dogs or other animals maintained on the
property owned or controlled by its owner so as to be dangerous to
the public health, safety or welfare.
Any property utilized as a multifamily fourplex, triplex,
or duplex or single-family dwelling.
Any animal running free with no physical or other restraint,
whether on or off the premises of its owner. An animal within an automobile
or other vehicle of its owner shall not be deemed running at-large.
A fenced area or structure that is:
At least six feet (6') in height:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of a dangerous and/or
aggressive dog; and
Clearly marked as containing a dangerous and/or aggressive dog
by posting signage required to be obtained from the animal control
authority; said signage must be posted on each gate of the enclosure
with the bottom edge of the sign located at least 36 inches but no
more than 48 inches above ground level.
The same meaning as provided in section 822.001 of the Texas
Health and Safety Code, as amended from time to time.
Action by a dog or other animal that is not:
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and
administered by a veterinarian licensed to practice in the state.
An animal, not including a dog, that displays vicious conduct
and has the ability to attack a person or domestic animal, and the
vicious animal:
Makes an unprovoked attack on a person or domestic animal;
Threatens to attack or terrorizes a person on private property
or a public place;
Has behaved in such a manner that the person who keeps said
animal knows or should reasonably know that the animal is possessed
of tendencies to attack or bite persons;
Causes bodily injury; or
Has, on one (1) previous occasion, without provocation, attacked
or bitten any person or animal, or an individual animal which the
animal control officer has reason to believe has a dangerous disposition
or is likely to be harmful to humans or other animals. The provisions
of this subsection shall not apply to animals that are in the service
of law enforcement agencies or guard dogs restrained as provided in
this chapter.
Shall include all species of animals which commonly exist
in a natural unconfined state and are usually not domesticated. This
shall apply regardless of state or duration of captivity. This definition
includes but is not limited to lions, tigers, bears, wolves, apes,
monkeys, foxes, baboons, all forms of reptiles, skunks and squirrels,
and bobcats.
|
The provisions of this subsection shall not apply to animals
that are in the service of law enforcement agencies or guard dogs
restrained as provided in this chapter.
|
(1978 Code, sec. 5-1; Ordinance
840-18 adopted 4/23/18; Ordinance 1001-22 adopted 9/12/2022)
Any violation of this chapter will be a class C misdemeanor punishable by a fine of not less than five dollars ($5.00) nor more than two thousand dollars ($2,000.00), as further described in section 1.01.009 of this code.
(1978 Code, sec. 5-26; Ordinance 1001-22 adopted 9/12/2022)
No person shall interfere with, hinder or obstruct any agent
of the animal control authority in the performance of any duty as
herein provided. Any person violating this section shall be deemed
guilty of a misdemeanor.
(1978 Code, sec. 5-25)
The entire area within the corporate limits of the city is hereby
designated and declared to be a bird sanctuary.
(1978 Code, sec. 5-2)
It shall be unlawful for any person to trap, hunt, shoot or
attempt to shoot or harm in any manner any bird or wild fowl or to
rob bird nests or wild fowl nests within the city; provided, however,
if starlings or similar birds are found to be congregating in such
number in a particular locality that they constitute a nuisance or
a menace to health or property in the opinion of the health authorities
of the city, said health authorities shall meet with representatives
of the Audubon Society, Bird Club, Garden Club or Humane Society or
similar organizations or as many of said clubs as are found to exist
in the city, after having given least three (3) days’ actual
notice of the time and place of said meeting to the representatives
of such clubs. If as a result of said meeting no satisfactory alternative
is found to abate such nuisance, said birds may be destroyed in such
number and in such manner as is deemed advisable by said health authority
under the supervision of the chief of police.
(1978 Code, sec. 5-3)
It shall be unlawful to keep or harbor any wild animal within
the city, except commercial establishments dealing in the sale of
these animals and zoos that have proper facilities for restraint and
care of these animals.
(1978 Code, sec. 5-4)
No person shall set any form of trap, including leg-hold traps
or body traps, or any trap other than humane live cage traps that
have been approved by the animal control authority. Any city-owned
trap set on any property at the request of a property owner is the
responsibility of the property owner if such trap is damaged, broken
or stolen.
(1978 Code, sec. 5-5)
It shall be unlawful to keep bees in any area of the city, except
in those areas where the bee hives will be located at least three
hundred (300) feet or more from the nearest dwelling other than the
dwelling of the owner of the bees. It shall further be unlawful to
keep bees, regardless of the above limitation, in such numbers on
property, other than that of the owner of the bees, in such a way
as to interfere with the peaceful occupancy of such other property.
(1978 Code, sec. 5-6)
It shall be the duty of the person owning or having within his
management or control any chickens, turkeys, geese or other domestic
fowl to keep the same enclosed upon his own premises in such a manner
that the same cannot go upon the public streets, highways, alleys
or parkways of the city or upon the private property of others.
(1978 Code, sec. 5-7)
No poultry or other domesticated fowl shall be kept in any enclosure
which is within fifty (50) feet of any dwelling or building, except
the dwelling occupied by the owner.
(1978 Code, sec. 5-8)
For any animal surrendered from outside the city limits when
ownership has been determined, a fee of one hundred dollars ($100.00)
for each animal is to be paid upon the surrender of said animal that
is spayed or neutered. A fee of one hundred and fifty dollars ($150.00)
for each animal that is not spayed and/or neutered is to be paid upon
the surrender of said animal. Upon payment of such fees, the animal
control authority shall issue an official receipt for the amount paid.
(Ordinance 907-19 adopted 11/25/19)
For any animal surrendered from inside the city limits when
ownership has been determined, a fee of thirty-five dollars ($35.00)
for each animal that is spayed/neutered is to be paid upon the surrender
of said animal. A fee of sixty-five dollars ($65.00) for each animal
that is not spayed/neutered is to be paid upon the surrender of said
animal. Proof of residency in the city must be provided by sufficient
identification with a city address along with a city utility bill
(gas and/or water) with name and address matching the identification
with a city address.
(Ordinance 907-19 adopted 11/25/19)
Any person who shall keep or harbor on his premises or in and
about his premises or premises under his control any dog which, by
loud and unusual barking, howling, growling, squealing, baying or
other noises at continuous intervals or of a nature as will constitute
a public nuisance, causes the peace and quiet of the neighborhood
or of the occupants of adjacent premises to be unduly disturbed shall
be guilty of a misdemeanor.
(1978 Code, sec. 5-20)
No domestic animal afflicted with a contagious disease shall
be allowed to run at-large or be exposed in any public place whereby
the health of man or beast may be affected, nor shall such animal
be shipped or removed from the premises of the owner except under
the animal control officer’s authority.
(1978 Code, sec. 5-21)
(a)
A
person commits an offense if he intentionally or knowingly leaves
the carcass of any animal that died in his possession on any street
or alley or at any other place within the city limits.
(b)
The
carcass of any animal or fowl not slaughtered for food but dead of
disease or any other cause shall be removed and/or disposed of immediately
by the owner (if known or if found) at his own expense.
(1978 Code, sec. 5-22)
It shall be unlawful to abandon or desert any animal in the
city. The animal cruelty law applies.
(1978 Code, sec. 5-24)
