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State law reference–Treatment and disposition of animals,
Texas Health and Safety Code § 821.001 et seq.; cruelty to animals,
Texas Penal Code § 42.09.
No owner shall fail to provide their animals, fowl, or livestock
with sufficient good and wholesome food and water; adequate shelter,
shade, and protection from the weather; adequate space; humane care
and treatment; and reasonable veterinary care as needed to prevent
suffering. All persons owning, possessing, or harboring animals, fowl,
or livestock shall comply with the following requirements:
(1)
Shelter
and shade.
Shelter and shade shall be provided as follows:
a.
Animals.
Animals shall be provided with access to shelter constructed
of materials sufficient to allow them to remain dry and protected
from the elements. The shelter shall be free of debris or other materials
that could endanger the animal.
1.
Shelters
shall be fully enclosed on three sides. The structure shall have a
solid attached roof with no gaps and shall have a solid floor attached
to the structure. The fourth side of the shelter shall contain the
entrance to the shelter. Such entrance shall be flexible to allow
the animal’s entry and exit and sturdy enough to block entry
of wind, rain, hail, sleet, snow, subfreezing temperatures, and any
other elements deemed detrimental to the animal’s health or
well being.
2.
The
shelter shall be small enough to retain the animal’s body heat
and large enough to allow the animal to stand and turn comfortably.
The enclosure shall be structurally sound and in good repair.
3.
Clean
and dry bedding that does not retain moisture shall be provided in
the form of straw or hay. Materials such as blankets, sheets, and
towels shall not be considered adequate bedding.
4.
A
suitable method shall be provided to eliminate excess water from the
shelter area.
5.
Shade
either natural or artificial shade with adequate ventilation shall
be provided to protect the entire animal from direct sunlight at all
times of the day.
b.
Livestock.
Livestock shall be provided with access to shelter to allow them to remain dry during rain and snow and protected from severe weather. Such shelter shall have three solid sides and a roof. It shall be structurally sound and in good repair to protect the livestock from injury. Such shelter will provide a minimum amount of space sufficient to accommodate all livestock confined within the shelter, as provided in section 14-198(e). Either natural or artificial shade shall be provided to protect livestock from direct sunlight. If shade is provided by the enclosure, allowance shall be made for adequate ventilation. A suitable method shall be provided to eliminate excess water from the shelter area.
(2)
Chaining
and tethering animals.
a.
It
shall be unlawful to keep an animal or livestock on a chain or rope
placed in a manner that makes it possible for the animal to become
entangled with the restraints of other animals or livestock or with
any other objects.
b.
It
shall be unlawful to attach a collar or harness to an animal that
chokes or pinches the animal unless a rope or tether is attached to
the collar and is being held by a person.
c.
It
shall be unlawful for any animal to be attached to a chain or tether
that weighs ten percent or more of the animal’s body weight.
d.
It
shall be unlawful to stake a cat outside on a leash, tether, chain,
or similar apparatus.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
No
person shall beat; cruelly treat; torment; mentally abuse; overload;
overdrive; overwork; kill; torture; mutilate; maim; or perform, cause
to be performed, or permit to be performed any other act of cruelty
upon any animal, wildlife, fowl, or livestock.
(b)
A person
commits an offense if either through their action or omission, they
allow any of the following:
(1)
No person other than a licensed veterinarian shall crop the ears,
dock the tail, remove the dewclaws, or perform any surgery on any
animal, wildlife, fowl, or livestock, excluding livestock castration
and dehorning. Transfer ownership or otherwise physically remove from
its mother any dog, cat, ferret, or rabbit less than eight (8) weeks
old, or any other animal that is not yet weaned except as advised
by a licensed veterinarian.
(2)
Abandons any animal that he or she has possession or ownership of
at the ASC, or at any other place of business, on public property,
or with any person that has not consented or has revoked consent to
be responsible for the care of the animal.
(3)
Fails to reclaim any animal that he owns from the ASC or any person
who had temporary possession of the animal.
(4)
Causes or allows an animal to remain in its own waste or excrement.
(5)
Owns or has care, custody, or control of an animal having an infestation
of ticks, fleas, or other parasites without having the animal treated
by a veterinarian or following a proper commercially available treatment
regimen for the infestation.
(6)
Owns or has care, custody, or control of an animal having an obvious
or diagnosed illness, injury, or communicable illness transmittable
to animals or humans without having the animal treated by a veterinarian
or following a proper treatment regimen for the injury or illness.
(7)
Fails to provide basic grooming for an animal.
(8)
Causes, allows, or trains an animal to fight another animal or possesses
animal fighting paraphernalia or training equipment.
(9)
Fails to provide an animal owned by him or under his care, custody,
or control with the necessities of life including adequate food; potable
water; sanitary conditions; shelter or protection from the heat, cold,
and other environmental conditions; or other circumstances that may
cause bodily injury, serious bodily injury, or death of the animal.
(10)
Teases, taunts, or provokes an aggressive reaction from an animal.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
Abandonment
means to leave an animal without human supervision, unattended, and/or
without adequate provisions necessary for maintenance of life for
an unspecified amount of time or fails to reclaim any animal that
he/she owns from the ASC or any person who has temporary possession
of the animal.
(b)
It
shall be unlawful for any person to abandon or turn any animal, excluding
wildlife, loose within the city limits.
(c)
It
shall be unlawful for any person to abandon any animal that he/she
has possession or ownership of at the ASC and/or any other place of
business, on public property, or with any person that has not consented,
or has revoked consent to be responsible for the care of the animal.
(d)
It
shall be considered abandonment and is unlawful for any person to
relinquish any animal to the ASC staff while withholding information
regarding ownership or falsifying information.
(e)
It
shall be unlawful for any person having custody of any wildlife to
abandon such wildlife that is incapable of surviving on its own in
the environment into which it is released.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
No
person shall give away any live animal, reptile, fowl, livestock,
or wildlife as a prize for or inducement to enter any contest, game,
or other competition; an inducement to enter a place of amusement;
or as an incentive to enter into any business agreement whereby the
offer is for the purpose of attracting trade.
(b)
No
chick, duckling, gosling, rabbit, or hamster that has been dyed or
otherwise colored artificially shall be sold or offered for sale;
offered or given as a prize, premium, or advertising device; or displayed
in the city.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
Any person who, as the operator of a motor vehicle within the
city, strikes any animal, fowl, or livestock shall stop at once, render
such assistance as may be practicable, and report the accident to
an appropriate law enforcement agency or the ASC.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
No
person shall expose any known poisonous substance, whether mixed with
food or not, so that the poison shall be likely to be eaten by an
animal, fowl, livestock, wildlife, or person. This subsection is not
intended to prohibit the prudent use on one’s own property of
herbicides, insecticides, or common rodent control materials (e.g.,
rat poisons) mixed only with a vegetable substance.
(b)
No
person shall expose an open-jaw-type trap, leg hold trap, snare trap,
or any type trap able or likely to cause physical harm or injury to
any animal, fowl, livestock, wildlife, or person.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
(a)
No
animal shall be confined within a motor vehicle at any location under
such conditions as may endanger the health or well-being of the animal,
including, but not limited to, dangerous temperature; lack of food,
water or attention; or confinement with a dangerous animal. Endangered
health may be demonstrated by but not limited to the animal’s
excessive drooling, panting, lethargic behavior, collapse, vomiting,
or convulsions. It is presumed that an animal’s health, safety,
or welfare is endangered when the animal is confined in a parked or
standing vehicle for a period of five (5) or more minutes when the
ambient outside air temperature measures above 85ºF or below
35ºF.
(b)
If
an animal is left in the open bed or flatbed of a vehicle while the
vehicle is parked, the owner or possessor of the animal and/or the
driver of the vehicle is responsible for providing adequate ventilation,
water, shelter, and shade as needed to prevent endangering the health
or well-being of the animal.
(c)
Any ACO or peace officer is authorized to remove any animal from a motor vehicle at any location when he reasonably believes it is confined in violation of subsection (a) of this section. Any animal so removed shall be delivered to the ASC. The removing officer shall leave written notice of removal and delivery, including their name, in a conspicuous, secure location on or within the vehicle.
(Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22)
