As used in this chapter, unless the context otherwise indicates:
means any person appointed as such by the chief of police
of the city and is authorized to enforce the animal control and protection
laws of the city and the state as set forth in this chapter.
means a domesticated animal that is a member of the feline
family or species, whether male, female or neutered.
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 attacks 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 injury to that person.
means a domesticated animal that is a member of the canine
family or species, whether male, female or neutered.
means any pen, cage, fenced area or building used by the
city to retain animals.
Dogs or cats, regardless of whether the animal is an inside
or outside pet, but an animal that requires release from a shelter
or containment to relieve themselves of bodily functions. (Not to
include livestock that is further permitted or authorized by this
chapter.)
means any animal that is of a domesticated nature and has
an owner.
means any person having the right of property in a dog, cat
or other animal, or who keeps in his care, feeds or harbors a dog,
cat or other animal, or who acts as the custodian of or permits a
dog, cat or other animal to remain on or about his premises.
means any person licensed by the state commission on law
enforcement officer standards and education with authority to enforce
laws and make arrests in the city.
means to be placed in a secure enclosure, not in contact
with persons or other animals, and to remain there under observation
for a specified length of time.
means not on the premises of the owner or other authorized
person and not accompanied by or under the control of a responsible
person. Running at large may include on the owner’s property
if the animal causes harm to persons who are legally allowed to be
on said property, or other property while on the owner’s property.
means a fenced area or structure that is:
means any device used to capture animals.
(Ordinance 2017.06, sec. 1, adopted 3/10/22)
(a)
Authorized; appointment.
The chief of police may appoint
any number of animal control officers as is deemed necessary to carry
out and enforce the provisions of this chapter and any other state,
county or federal laws pertaining to the control and protection of
all animals.
(b)
Issuance of warnings, citations and summons; right of entry.
Animal control officers so appointed shall have authority to
issue verbal and written warnings, citations and court summons for
violations of any laws enacted by the city, state or federal government
for the control and protection of animals in the city and may enter
onto any property to execute an order of the court or to seize an
animal that has bitten, scratched or attacked a person or other animal.
(c)
Interference.
It shall be unlawful and in violation
of this chapter to knowingly or intentionally interfere with or hinder
any police officer or animal control officer in the performance of
his duty in compliance with this chapter or any other animal control
or animal protection laws.
(d)
Tampering with traps or enclosures; unlawfully releasing animal.
It shall be unlawful and in violation of this chapter for any
person to tamper with, interfere with, move, damage or release any
animal from any trap, cage, pen, fenced area, enclosure, building
or any other area owned by or used by the city and/or its animal control
officers for the capture, retention, transport or disposal of animals.
(e)
Refusal to sign citation or summons.
It shall be unlawful
and in violation of this chapter to refuse to sign a citation or summons
wherein the defendant promises to appear in court as ordered by the
citation or summons.
(f)
Failure to appear in court.
It shall be unlawful and
in violation of this chapter to fail to appear in court as ordered
by a written citation or summons issued by a police officer or animal
control officer or as ordered by the court.
(Ordinance 2017.06, sec. 9, adopted 3/10/22)
(a)
Running at large prohibited; wearing of collar and tags.
The owner or other person having control of a dog, cat or other animal
in the city shall not allow the dog, cat or other animal to run at
large. All dogs and cats that are found at large must have a collar
fastened about its neck displaying the name and address of the owner
and a current rabies vaccination tag for the animal.
(b)
Investigation of complaints; notification of owner.
It shall be the duty of the chief of police or persons appointed
by him to investigate all complaints concerning dogs, cats and other
animals which trespass in a damaging way on the property of any person
other than the owner of said dog, cat or other animal. After determination
by the chief of police: (i) that a dog, cat or other animal has trespassed
in a damaging way on the property of another, or (ii) that a dog,
cat or other animal off of the owner’s property runs after and
barks at or threatens individuals or vehicles, including cyclists,
using the public roads or sidewalks, or (iii) [that an animal] has
been designated as a dangerous animal, the owner may be notified in
writing by any police officer or animal control officer that restraint
is required so that the animal cannot leave the owner’s property.
(c)
Compliance with notice.
It shall be unlawful and in
violation of this chapter for the owner of any dog, cat or other animal,
after having been notified that restraint is required as hereinabove
provided, to allow his dog, cat or other animal to be at large off
of the owner’s property, unless under restraint of leash or
chain.
(d)
Animals running at large on park, playground or school property.
It shall be unlawful and in violation of this chapter for the
owner of any dog, cat or other animal to allow it to run at large
in any park or playground or on any school property within or under
the control of the city.
(e)
Impoundment authorized.
Animal control officers or a
designee of the chief of police are authorized to capture all dogs,
cats and other animals running at large in the city and dispose of
or destroy them in accordance with the Texas Health and Safety Code.
(f)
Authority to shoot animals.
Police officers and animal
control officers may shoot an animal:
(g)
Destruction of injured, diseased or dangerous animals.
Any animal that is captured and is injured or diseased and is suffering
pain or is a danger to persons or other animals may be destroyed immediately.
(h)
Holding period for impounded animals.
Nonviolent animals
that appear to be in good health may be retained by the city for three
days to allow the owners to reclaim the animals.
(i)
Disposal of unreclaimed impounded animals.
Any animal
that has not been reclaimed after three days of captivity may be disposed
of or destroyed in any humane manner available to the city.
(Ordinance 2017.06, sec. 2, adopted 3/10/22)
Residency is required for the housing/keeping of any domesticated
animals within the city. All animals must be housed on occupied residential
properties or lots adjoining said properties. Animals being housed
at non-occupied residences or vacant lots will be prohibited and must
be removed, with the exception of livestock.
(Ordinance 2017.06, sec. 3, adopted 3/10/22)
(a)
Any
nonviolent healthy animal captured by animal control officers/other
designees may be reclaimed by the animal’s owner after paying
a reclamation fee in an amount as determined by the city council to
the city; and
(c)
Failure
to return the proof of vaccination of the animal for rabies to the
city within ten (10) days after reclamation shall be a violation of
this chapter.
(d)
No
refunds.
(Ordinance 2017.06, sec. 4, adopted 3/10/22)
(a)
Any
non-violent healthy animals remaining in captivity after three (3)
days may be adopted by any person over 18 years of age after paying
an adoption fee in an amount as determined by the city council and
having the animal vaccinated for rabies within ten (10) days and spayed
and neutered within thirty (30) days after adopting the animal and
returning proof of such to the city.
(b)
Failure
to return the proof of spay and neutering to the city within thirty
(30) days after adoption of the animal shall be a violation of this
chapter.
(c)
Failure
to return the proof of vaccination for rabies to the city within ten
(10) days after adoption of the animal shall be a violation of this
chapter.
(d)
Bona
fide breeders may file an affidavit that the animal is to be used
for bona fide breeding purposes in lieu of having the animal neutered.
(Ordinance 2017.06, sec. 5, adopted 3/10/22)
(a)
Noisy animals.
It shall be unlawful and in violation
of this chapter for any person to willfully or knowingly harbor or
keep on his premises or elsewhere, any dog, cat or other animal of
any kind that makes or creates an unreasonable disturbance of the
peace of the neighbors, occupants of adjacent premises or people living
in the vicinity thereof or to suffer or permit such dog, cat or other
animal to make or create unusual noises by crowing, squalling, squealing,
braying, howling, barking, bawling or any other means.
(b)
Offensive odors.
It shall be unlawful and in violation
of this chapter for any person to willfully or knowingly allow any
dog, cat or other animal or the area in which they are kept to create
odors that are offensive to the neighbors, occupants of adjacent premises
or people living in the vicinity.
(c)
Enclosures and tethering.
It shall be unlawful and in
violation of this chapter for any person to keep an animal in any
cage, pen, fenced area, building, enclosure or any other area that
is unclean or unhealthy for the animal or that creates a health hazard
for neighbors or other persons or animals living in the area, or fail
to comply with the Texas Health and Safety Code concerning proper
control by chain, tether, enclosure or devices allowed by law. Also,
a person who houses an animal outside of a secure enclosure must secure
such animal in a secure enclosure (not a chain) from the hours of
10 p.m. to 6 a.m. in compliance with the Texas Health and Safety Code.
Violators of this section may be cited for said violations. Each day
in violation of this code constitutes a separate violation.
(d)
Animal care.
It shall be unlawful and in violation of this chapter for the owner of any animal, as described in the definition of “owner” in section 3.01.001, to abuse or abandon any animal or to fail to provide sufficient food, water, medical attention as needed and shelter from the weather and elements or to treat any animal in a cruel and inhumane manner.
(e)
Seizure of animal.
The court may order the seizure and
disposal on any animals described in this section.
(f)
Notice of violation.
A person owning or keeping any
animal is presumed to know that the violations listed in this section
exist if that person has been notified of such violations by any judge,
police officer, animal control officer, health officer or citizen.
(Ordinance 2017.06, sec. 6, adopted 3/10/22)
(a)
Investigation.
Reports that a dog, cat or other animal
that could transmit rabies has bitten or scratched any person or another
animal may be investigated by a police officer or animal control officer
and a written report shall be made and any forms or reports required
by the state shall be properly filled out and filed.
(b)
Quarantine of animal.
Any dog, cat or other animal that
could transmit rabies that bites or scratches a person or other animal
shall be quarantined for a minimum period of ten days and closely
observed for any sign of unusual behavior, illness, or any other changes
or indicators that might indicate that the animal is rabid. The animal
shall be kept in a secure enclosure, not in contact with other persons
or animals, during the quarantine period. At the police officer’s
or animal control officer’s discretion, the animal may be placed
in quarantine at:
(1)
The facilities of a licensed veterinarian, if paid for by the animal’s
owner; or
(2)
The animal owner’s facilities, in a secure enclosure not in
contact with other persons or animals, and the owner agrees to closely
observe the animal and report any changes in the animal or illness
immediately to the police department or animal control officers and
any other requirements as established by the police officer or animal
control officer.
(c)
Seizure of animal.
If at any time a police officer or animal control officer deems that the owner is not complying with all of the conditions as set forth for allowing the owner to quarantine the animal, as set out in subsection (b)(2) of this section, the police officer or animal control officer may enter onto the owner’s property, seize the animal and place it in quarantine elsewhere.
(d)
Testing for rabies.
If any animal in quarantine shows
indications that it has rabies or if the animal has been killed, the
animal’s head shall be removed and shipped to the department
of state health services to be tested for rabies.
(Ordinance 2017.06, sec. 7, adopted 3/10/22)
(a)
Any
dog, cat or other animal that is running at large attacking, is about
to attack or has recently attacked horses, cattle, sheep, goats, fowls
or other animals may be destroyed by any person witnessing or having
knowledge of the attack if the dog, cat or other animal is still running
at large, off of the owner’s property.
(c)
Any
police officer, animal control officer or any other person that destroys
any dog, cat or other animal as provided for in this section shall
not be liable for damages to the owner of the dog, cat or other animal.
(d)
The
owner of a dog, cat or other animal that is known to have attacked
horses, cattle, sheep, goats, fowls and other animals may have the
option, at the discretion of the court, to remove the animal from
the city or destroy it a humane manner.
(Ordinance 2017.06, sec. 8, adopted 3/10/22)
(a)
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog as set forth in the definition of “dangerous dog” in section 3.01.001 of this chapter, the person shall:
(1)
Register the dangerous dog with the city secretary as set forth in section 3.01.011 of this chapter;
(2)
Restrain the dangerous dog at all times on a leash in the immediate control of a person sufficient to control the dangerous dog or in a secure enclosure as set forth in the definition of “secure enclosure” in section 3.01.001; and
(3)
Obtain liability insurance coverage or show financial responsibility
in the amount of at least $100,000.00 to cover damages resulting from
an attack by the dangerous dog causing bodily injury to a person.
(c)
If
a person reports an incident involving a dangerous dog as described
herein, any peace officer or animal control officer may investigate
the incident. If, after receiving the sworn statements of any witnesses,
the peace officer or animal control officer determines that the dog
is a dangerous dog, he may notify the owner of that fact.
(d)
An
owner, not later than the 30th day after the date the owner is notified
that a dog owned by the owner is a dangerous dog, may appeal the determination
of the peace officer or animal control officer to the municipal court.
An owner may appeal the decision of the municipal court in the same
manner as appeal in other civil cases.
(Ordinance 2017.06, sec. 10, adopted 3/10/22)
(a)
The
police department may annually register a dangerous dog if the owner:
(b)
The
police department may provide the owner registering a dangerous dog
with a registration tag and/or other proof of registration. If a tag
is provided, the owner must place and maintain it on a collar fastened
on the dangerous dog’s neck.
(c)
If
an owner of a registered dangerous dog moves the dog to a new address
within the city, not later than the 14th day after the date of the
move, the owner shall notify the police department of the new address.
If the dog is moved out of the city the owner shall notify the city
or town, or county if not within a city or town, to which the dog
is moved of the dangerous dog’s new address, and register the
dangerous dog at that address.
(d)
If
the owner of the dangerous dog sells the dog, the registered owner
of the dog shall, not later than the 14th [day] after the sale, notify
the police department of the name and address of the current owners.
Upon presentation by current owner of the dangerous dog’s prior
valid registration tag and a payment of a fee in the amount set forth
in the fee schedule in appendix A of this code, the city secretary
may issue a new registration tag to be placed on the dangerous dog’s
collar.
(e)
It
is unlawful and a violation of this chapter for any person that owns
or keeps custody or control of a dangerous dog to fail to comply with
each and every provision of this chapter.
(f)
An
owner of a registered dangerous dog shall notify the police department
of any attacks that the dangerous dog makes on people or domestic
animals.
(Ordinance 2017.06, sec. 11, adopted 3/10/22; Ordinance adopting Code)
(a)
The
owner of a dangerous dog commits an offense and is in violation of
this chapter if the dangerous dog makes an unprovoked attack on another
person or domesticated animal outside of the dog’s enclosure
or causes bodily injury to the other person or domesticated animal.
(b)
Any
dangerous dog found to have made an unprovoked attack on any person
or domesticated animal outside of the dog’s enclosure or cause
bodily injury to any person or domesticated animal outside of the
dangerous dog’s enclosure may be ordered destroyed by the court.
The court may order the dangerous dog destroyed by a person selected
by the owner or the city. The city will not be liable for any fees
for destroying or disposing of the dog if destroyed by a person selected
by the owner.
(Ordinance 2017.06, sec. 12, adopted 3/10/22)
Dangerous wild animals, as defined in V.T.C.A., Health and Safety
Code, section 822.101, shall be regulated in accordance with the provisions
of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section
822.101 et seq.
(Ordinance adopting Code)
(a)
Keeping livestock.
It shall be unlawful for any person
to keep or harbor any cows, horses, mules, jacks, jennies, goats,
sheep, or any other livestock of any character within the city except
as follows:
(1)
Any lots, pens and/or shelters shall not be closer than three hundred
feet to any residence or building that the owner of the livestock
has no right to occupy.
(2)
The livestock shall not be kept without sufficient space provided
for the animals. Sufficient space is defined as being at least two
acres for the first animal and one acre per animal thereafter.
(3)
All buildings, lots, pens and enclosures must be kept clean and odor-free
at all times.
(4)
No animal shall be staked out on public property or allowed to run
at large. Livestock will be deemed at large if it is off the premises
of its owner and not under the immediate control of some person capable
of controlling the animal.
(b)
Keeping swine.
It shall be unlawful for any person to
keep any hog or swine, including Vietnamese pot-bellied pigs, within
the city limits, with the following exceptions:
(c)
Keeping fowl.
It shall be unlawful for any person to
keep any geese, ducks, turkeys, chickens or any other domesticated
fowl within the city limits except as follows:
(1)
Any lots, pens and/or shelters shall not be closer than three hundred
feet to any residence or building that the owner of the poultry has
no right to occupy;
(2)
All buildings, lots, pens and enclosures shall be kept clean and
odor-free at all times;
(3)
Poultry and fowl shall not run at large in the city.
(Ordinance 2017.06, sec. 13, adopted 3/10/22)
(a)
It
is an exception and a defense to prosecution under this chapter that
a person is a veterinarian, a peace officer, an animal control officer,
a person employed by a recognized animal shelter or a person employed
by state or a political subdivision of the state to deal with stray
animals and has temporary ownership, custody or control of any dog,
cat or other animal in connection with this chapter.
(b)
It
is an exception and a defense to prosecution under this chapter that
a person is an employee of the institutional division of the state
department of criminal justice or any law enforcement agency that
trains and/or uses dogs for law enforcement and correctional purposes.
(c)
It
is a defense to prosecution under this chapter that the person is
an employee of a guard dog company under V.T.C.A., Occupations Code,
chapter 1702.
(Ordinance 2017.06, sec. 14, adopted 3/10/22)
(a)
Seizure of animal.
The court may order any police officer
or animal control officer to enter upon any property and seize any
animal and retain said animal for further disposition by the court.
(b)
Hearing.
A hearing shall be held within ten days of
the seizure to determine the disposition of the animal. The owner
of the animal shall be notified of the hearing, if his whereabouts
are known. If the owner’s whereabouts are unknown and a diligent
effort has been made to contact the owner, the hearing may proceed
in the owner’s absence.
(c)
Authority of court.
The court may order that the animal:
(1)
Be returned to the owner;
(2)
Be returned to the owner and removed from the city;
(3)
Be retained by the city for further disposition of the court;
(4)
Be turned over to the city to be adopted or disposed of in a humane
manner as necessary;
(5)
Be humanely destroyed;
(6)
Be disposed of in any other manner decided by the court.
(d)
Penalty.
Violation of any provision of this chapter by committing an act that is prohibited or failing to perform an action that is required by this chapter shall be deemed a misdemeanor and upon conviction shall be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code per violation.
(e)
Continuing violations.
Each and every day that this
chapter is violated is a separate offense and may be prosecuted as
such.
(Ordinance 2017.06, sec. 15, adopted 3/10/22; Ordinance adopting Code)
