For the purpose of this chapter, the following terms are defined
as follows:
To desert or leave without care.
“wild” bees that are overly aggressive and are
more likely to sting in greater numbers.
Any living creature, except human, being classified as a
member of the Kingdom Animalia and including, but not limited to,
mammals, birds, reptiles and fish.
Any employee or contractor appointed by the city manager
for the purpose of the enforcement of this chapter or any other law
or ordinance relating to the licensure of animals, control of animals,
or seizure and impoundment of animals. These individuals are given
the authority to issue citations for any violation of this chapter.
Any facility or business that has custody or control of any
animal within the city, including, but not limited to, pet shops,
grooming and boarding facilities, animal auction facilities or kennels.
This term does not include veterinary or medical facilities, research
or other facilities licensed by government agencies.
The facility operated by the City of Brenham for the temporary
confinement, safekeeping and control of animals that come into the
custody of the City of Brenham.
A place where one (1) or more bee colonies are kept.
An animal that meets at least one (1) of the following criteria:
An animal that is not confined to the premises of the owner
by substantial physical means of restraint of sufficient height, strength,
and/or manner of construction to preclude the animal from leaving
the premises of the owner or being able to come within six (6) feet
of any public area;
An animal that is not under direct physical control of a person
by means of a restraint of sufficient strength and of a length of
not more than six (6) feet.
Any stage of the common domestic honey bee, Apis Mellifera
species.
A person who owns or has charge of one (1) or more colonies
of bees.
Any member of the family Felis domestica.
The City of Brenham, Texas, an incorporated municipality
located in Washington County, Texas.
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen and brood.
A feral cat that has been ear-tipped, vaccinated and sterilized
through trap-neuter-return.
A person who participates in trap-neuter-return and/or provides
care, including food, shelter, and/or medical care to community cats.
A community cat caregiver shall not be considered the owner, caretaker,
custodian, harbor, or keeper of a community cat.
A group of community cats that congregate, more or less,
together as a unit and may share a common food source.
An animal that is considered to have a current anti-rabies
vaccination according to the Texas State Rabies Control Act, as amended,
and the minimum standards established by the appropriate state agency
or rule-making board.
An animal that makes an unprovoked attack on a person that causes
bodily injury and occurs in a place other than the enclosure in which
the animal was being kept and that was reasonably certain to prevent
the animal from leaving the enclosure on its own; or
An animal that commits unprovoked acts in a place other than
an enclosure in which the animal was being kept and that was reasonably
certain to prevent the animal from leaving the enclosure on its own
and those acts cause a person to reasonably believe that the animal
will attack and cause bodily injury to that person; or
An animal that commits an unprovoked attack on human being that
causes serious bodily injury or death and occurs in an enclosure for
which the animal was being kept and that was reasonably certain to
prevent the animal from leaving the enclosure on its own unless the
person who was attacked was trespassing or otherwise violating the
law by being within the enclosure; or
An animal that is at large and commits an unprovoked attack
on a domestic animal that causes the death of the attacked animal;
or
An animal that is at large and commits an unprovoked attack
on a domestic animal that causes serious bodily injury to the attacked
animal and the attacking animal has already committed at least one
(1) unprovoked attack on a previous occasion against a human being
or domestic animal.
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The term “dangerous animal” does not include an
animal that commits an unprovoked attack on a human being in an enclosure
in which the animal was being kept and that was reasonably certain
to prevent the animal from leaving the enclosure where the person
who was attacked was trespassing or otherwise violating the law by
entering the enclosure.
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Any member of the family Canis familaris.
Any animal whose physiology has been determined or manipulated
through selective breeding and which does not occur naturally in the
wild and which may be vaccinated against rabies with an approved rabies
vaccine and which has an established rabies quarantine observation
period.
The removal of the three-eighths (3/8) inch tip of a cat's
ear, performed by a licensed veterinarian while the cat is under anesthesia,
to identify the cat as being a community cat that has been sterilized
and lawfully vaccinated for rabies.
Shall mean pens, hutches, cages or some other physical means
of sufficient height, strength, length, or manner of construction
to preclude an animal from escaping. Such enclosure shall be securely
enclosed and designed with secure sides, top and bottom.
Shall mean the same as a wild animal.
Any member of the species felis domestica that is undomesticated,
wild, homeless, untamed, or otherwise unaccustomed to human interaction.
Other common names include stray cat or barn cat.
All animals belonging to the class of Avies, including all
game birds such as, but not limited to: doves, quail, ducks, geese,
pigeons, cardinals, blue jays, sparrows, crows.
Any dog which:
A structure intended for the housing of a bee colony.
Any member of the family Equidae domestica.
Care of an animal to include, but not be limited to, ventilation
and sanitary shelter, wholesome food and water, consistent veterinarian
care, and normal feeding habit in relation to the animal’s size,
species and breed.
The placing of an animal in the city’s animal shelter,
or, the taking into custody of any animal for the purposes of transporting
to the city’s animal shelter.
Includes tortured, seriously overworked, unreasonably abandoned,
unreasonably deprived of necessary food, veterinarian care, shelter,
cruelly confined, or caused to fight with another animal.
An establishment where a person, partnership, or corporation
keeps dogs and/or cats for the purposes of breeding, buying, selling,
trading, showing, training or boarding such animals for profit.
The agency or department of the city or any designated representative,
charged with administering the issuance and/or revocation of permits
and licenses under the provisions of this chapter as designated by
the city manager.
Domestic animals generally used or raised on a farm for profit
or use, including, but not limited to: cattle, cows, bulls, sheep,
goats, pigs, hogs, sows, horses, stallions, mares and jacks.
The person designated by the Texas Department of Health as
the official in charge of rabies control investigations and enforcement
for the city.
The license required to house, own, harbor, control, or have
custody of four (4) dogs and/or cats over the age of four (4) months.
Permanently incapable of reproduction.
Any person or persons, association, or entity, including
any member of owner’s immediate family, employee or agent, having
the right of property, care, custody, or control of an animal, who
possesses, harbors, or maintains an animal, or who knowingly permits
an animal to remain on or about any premises occupied by such person
or persons, firm, association, or corporation for a period of three
(3) days or more.
A person who is walking on a street, alley, sidewalk, or
other developed area.
Any individual, corporation, partnership, organization, or
any institute commonly recognized by law as a legally accountable
unit.
Shall mean the conduct of any owner in allowing an animal
to:
Engage in conduct which establishes such animal as a “dangerous
animal”;
Damage, soil, defile or defecate on private property other than
the owner’s or on public property unless such waste is immediately
removed and properly disposed of by the owner of the animal;
Be “at large”;
Cause a disturbance by excessive barking or noise making, near
the private residence of another or to the extent that the barking
or noise disturbs the peace or quiet of any neighborhood or can be
heard from within the neighboring residence of another;
Produce odors or unclean conditions sufficient to offend a person
of normal sensibilities or which creates a condition conducive to
the breeding of flies or other pests;
Chase vehicles or molest, attack or interfere with other animals
or persons, or is at large on public or private property; or
Create a condition that is dangerous to human life or health,
renders the ground, the water, the air or food a hazard or injurious
to human life or health or that is offensive to the senses or that
is detrimental to public health.
To control an animal by means of a chain, rope, tether, leash,
cable, or other device that attaches an animal to a stationary object
or trolley system.
Space free from health hazards including excessive animal
waste, overcrowding or animals, or other conditions that endanger
the animal’s health.
Any guide dog, signal dog, or other animal individually trained
to provide assistance to an individual with a disability.
Weather conditions in which:
The actual or effective outdoor temperature is below thirty-two
(32) degrees Fahrenheit;
A heat advisory has been issued by a local or state authority
or jurisdiction; or
A hurricane, tropical storm or tornado warning has been issued
for Washington County by the National Weather Service.
A structure that is capable of adequately providing cover
and protection from heat, cold, and other environmental conditions.
At minimum, a shelter must have three (3) sides, a top, and a bottom
and be adequately ventilated. It must have bedding material. It must
be large enough so that the animal can enter, stand, turn around,
and lie down but small enough to prevent the loss of body heat during
cold weather.
An animal is rendered incapable of reproduction.
Any man-made object having a stationary location on or in
land, whether or not affixed to the land, including, but not limited
to: residential buildings, detached garages, temporary/out buildings,
workshops, gazebos, pergolas, and swimming pools.
A contiguous parcel of land under common ownership.
A nonlethal approach to feral cat population control where
feral cats are humanely trapped, sterilized and vaccinated, ear-tipped,
and then returned to the location where they were originally trapped
or to another community cat colony.
Any land that is not improved or actually in the process
of being improved with residential, commercial, industrial, church,
park, school, or governmental facilities or other structures or improvements
intended for human use [or] occupancy and the grounds maintained in
association therewith. The term shall be deemed to include property
developed exclusively as a street or highway or property used for
commercial agricultural purposes.
Inoculation of an animal with a rabies vaccine that is licensed
by the United States Department of Agriculture for use in that species
and which is administered by a state-licensed veterinarian for the
purpose of immunizing the animal against rabies.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries in animals.
Any animal not normally considered domesticated which, because
of its size, vicious nature or other natural characteristics would
constitute a dangerous threat to human life, property or domestic
animals including but not limited to:
Reptiles venomous reptiles, crocodile or alligator;
Birds, eagles, owl or any species illegal to own under federal
or state law;
Mammals including ocelots, lions, tigers, jaguars, leopards,
cougars, wolves, dingoes, coyotes, jackals, weasels, martins, minks,
badgers, raccoons, pandas, bears, kangaroos, opossums, sloth, anteaters,
armadillos, monkeys, chimpanzee, gorillas, orangutans, porcupines,
antelope, deer, bison and camels.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
It shall be unlawful for any person to interfere with, hinder,
or molest the city’s animal control authority in the performance
of any duty delegated under this chapter, or seek to release any animal
taken and held in custody under the provisions of this chapter. Additionally,
it shall be unlawful to tamper with or release an animal from any
trap or device set by the animal control authority or a police officer.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
All fees required under this chapter shall be set by the city
council. A schedule of fees shall be kept on file for public inspection
in the city secretary’s office and the office of the animal
control authority.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
The keeping of any animal in accordance with this chapter shall
not be construed to authorize the keeping of the animal in violation
of any rules or restrictions set forth in the city’s land development
or zoning ordinances.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
A person commits an offense if he allows or permits an animal
owned by him, other than a cat, to run at large. Animals, other than
cats, running at large are subject to impoundment by the animal control
authority. It shall be the duty of the city’s animal control
authority to apprehend any animal found running at large and make
every attempt to return said animal to its owner. If the owner cannot
be located, the animal shall be impounded at the city’s animal
shelter.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
It shall be unlawful for any person to restrain, tie or tether
any animal to a stationary object for a period of time or in a location
so as to create an unhealthy situation for the animal, unreasonably
limit the animal’s movement or create a potentially dangerous
situation for a pedestrian as determined by the animal control authority.
The terms “unhealthy situation” and “potentially
dangerous situation” shall include, but not be limited to the
following:
(1)
To restrain
any animal in such a manner as to permit the animal access upon any
public right-of-way;
(2)
To restrain
any animal in such a manner as to cause the animal injury or pain
or not to permit the animal to reach shelter, food or water;
(3)
To restrain
any animal in such a manner as to permit the animal to leave the owner’s
property;
(4)
To restrain
any animal between the hours of 10:00 p.m. and 6:00 a.m. CST (Central
Standard Time);
(5)
To restrain
any animal within five hundred (500) feet of the premises of a school;
(6)
To restrain
any animal in a manner whereby the animal is subject to harassment,
stings or bites from outdoor insects, or attacks by other animals;
(7)
To restrain
any animal with a rope, chain or leash that is shorter than the greater
of ten (10) feet or five (5) times the length of the dog, as measured
from the tip of the dog’s nose to the base of the dog’s
tail;
(8)
To restrain
any animal with a rope, chain or leash that is not equipped with swivel
ends;
(9)
To restrain
any animal in such a manner that does not prevent the animal from
becoming entangled with any object, from partially or totally jumping
any fence, or from leaving any part of its owner’s property;
(10)
To fail
to remove waste, on a daily bases, from the area in which an animal
is restrained;
(11)
To restrain
any animal without using a properly fitted collar or harness;
(12)
To use
choke-type collars to restrain any animal;
(13)
To use
a restraint that weighs more than one-fifth (1/5) of the animal’s
total body weight; or
(14)
To allow
an animal to remain restrained during a extreme weather conditions
in which:
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
Animals which are part of a youth project, such as FFA, 4-H
or the Washington County Fair, may be considered an exception to the
provisions listed in this chapter, as approved by and under the direction
of the animal control authority.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a)
A “continuing public nuisance” is defined as a public nuisance that, after notice as described in subsection (c) to the owner of an animal(s) or person in control of an animal(s), continues unabated as determined by the animal control authority.
(b)
The animal
control authority may determine that a public nuisance exists through
an investigation of any reported or perceived public nuisance, and
may interview witnesses or conduct such hearings as he may determine
are necessary, formally or informally. He shall make a determination
based on the necessity to preserve the public health, safety and welfare
of the community.
(c)
Upon such
determination, the animal control authority shall notify the animal
owner or the person in control of the animal(s). This notice shall
be in writing and shall contain a statement that such person has a
right to appeal. The notice shall set forth the noncompliance and
order the owner to abate the public nuisance described in such notice
within seven (7) days. Notice of a public nuisance shall include,
but not be limited to, written notice of the existence of a public
nuisance delivered by personal service, certified mail, return receipt
requested, or left at the entrance to the premises where the animal(s)
is harbored. A notice that is mailed is deemed received five (5) days
after it is placed in a mail receptacle of the United States Postal
Service.
(d)
If such
owner fails or refuses to comply with the demand for compliance in
the notice within seven (7) days of such notice or publication the
animal control authority may order the abatement of the public nuisance
by one (1) of the following means:
(1)
Impoundment
of the animal(s) that is the source of the continuing public nuisance
and the adoption of the animal(s) as provided in this chapter, except
that the owner, his agents or representatives, or family members may
not adopt the animal(s) adjudged a continuing public nuisance;
(2)
Impoundment
and humane destruction of the animal(s) that is the source of the
continuing public nuisance; or
(3)
Exclusion
from the city limits of any animal(s) determined to be a continuing
public nuisance.
(e)
An owner
or person in control of the animal(s), not later than seven (7) days
after the date such person is notified that an animal is a continuing
public nuisance, may appeal the determination of the animal control
authority to the city’s municipal court. Upon receiving an appeal,
the municipal court shall hold a hearing. Based upon the record evidence
of such hearing, the court shall make a final finding.
(f)
The owner
or person in control of the animal(s) determined to be a continuing
public nuisance shall remove such animal(s) from the city within forty-eight
(48) hours of an unsuccessful appeal. The failure to remove such animal(s)
shall be an offense and each day thereafter that such person fails
to remove such animal(s) shall constitute a separate offense. If the
owner or person in control of such animal(s) fails to remove such
animal(s) as provided for by order of the municipal court, such animal(s)
may, as outlined in this chapter, be impounded, put up for adoption,
or humanely destroyed.
(g)
The owner
or person in control of such animal(s) must report the disposition
and exact address or relocation of such animal(s) to the animal control
authority in writing within ten (10) days after the expiration date
for removal of such animal(s) from the city. Failure to report the
disposition and address of such animal is an offense, and each day
thereafter that such information is not provided shall constitute
a separate offense.
(h)
The animal
control authority shall be authorized, after due process, to obtain
a search and seizure warrant for the purposes of enforcing this section.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
It shall be unlawful for a person to confine an animal in a
parked or standing vehicle or enclosed trailer in such a way as to
endanger the animal’s health, safety or welfare due to heat,
lack of food or water, or other such circumstances that may cause
injury or death to the animal. It is presumed that an animal’s
health, safety or welfare is endangered when the animal is confined
in a parked or standing vehicle or enclosed trailer for a period of
five (5) minutes when the ambient outside air temperature measures
at or above seventy (70) degrees Fahrenheit or below thirty-two (32)
degrees Fahrenheit.
The city’s animal control authority or any licensed peace
officer, finding an animal being held in violation of this provision
may cite the owner for violating this chapter, obtain a search warrant
pursuant to state or federal law, or use reasonable force to remove
an animal from a vehicle whenever it appears the animal’s health
or safety is, or soon will be, endangered. Said neglected or endangered
animal shall be impounded. It shall be the responsibility of the animal’s
owner to repair any damage caused by the removal of the animal from
the dangerous situation by the animal control authority or peace officer.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
It shall be unlawful for a person to transport an animal on
a public street or highway while the animal occupies the open bed
of a truck, the open bed of a flatbed truck, or an open flatbed trailer
unless the animal is:
(1)
Secured
in a kennel or other secured, vented enclosure;
(2)
Restrained
by a harness manufactured for the purpose of restraining animals;
or
(3)
Restrained
using a chain, rope or other device cross-tied to prevent the animal
from falling or jumping from the motor vehicle or from strangling
on a single leash.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
Animals shall be cared for, treated, maintained, and transported
in a humane manner and not in violation of any provisions of law,
including federal and state.
If the city’s animal control authority has reason to believe
that an animal has been, or is being cruelly treated, the animal control
authority may apply to a justice court or magistrate in Washington
County or to the City of Brenham Municipal Court for a warrant to
seize the animal, pending a hearing before any justice of the peace
or municipal court judge of the City of
Brenham Municipal Court on the issue of cruelty and disposition
of the animal.
A person commits an offense if with reckless intent:
(1)
A person,
other than a licensed veterinarian, docks an animal’s tail,
removes the dew claws of a puppy, or crops an animal’s ears;
(2)
A person
physically removes from its mother by selling, giving away, delivering,
trading, or bartering any dog, cat, ferret, rabbit less than six (6)
weeks old or any other animal that is not yet weaned, except as advised
by a licensed veterinarian;
(3)
A person
dies or colors chicks, ducks or rabbits;
(4)
A person
sells, gives away, delivers, trades or barters, chickens, ducks or
rabbits within two (2) weeks prior to Christmas or Easter;
(5)
A person
abandons or dumps any animal, or leaves an animal in a dwelling that
has had no running water or electricity for a period of twenty-four
(24) hours or more;
(6)
A person
overdrives, overloads, drives when overloaded, or overworks any animal;
(7)
A person
tortures, cruelly beats, mutilates, clubs, shoots or attempts to shoot
with any air rifle, bow and arrow, slingshot, or firearm, or by any
other means needlessly kills or injures any animal, wild or owned,
within the city limits;
(8)
A person
forces, allows or permits any animal to remain in its own filth;
(9)
A person
keeps, shelters or harbors any animal having a potentially life threatening
infestation of ticks, fleas, or other parasites, any other obvious
life threatening illness, or injury, or any other communicable illness
transmissible to animal or human without having sought and obtained
proper treatment from a licensed veterinarian for such infestation
or illness;
(10)
A person
causes an animal to fight another animal or person;
(11)
A person
fails to provide at all times, their animal with adequate food and
potable water, proper shelter and protection from inclement weather,
and veterinary care when needed to prevent suffering;
(12)
A person
raises and kills a doe or cat for the skin or fur;
(13)
A person
mutilates any animal, whether such animal is dead or alive (medical
or veterinary medical research, medical of veterinary medical necropsy,
and biology class use of animals shall not be considered mutilation);
(14)
A person
attaches a collar or harness to an animal that is of an inadequate
size so that it restricts the animal’s growth or causes damage
to the animal’s skin; or
(15)
A person
engages or allows another to engage in any sexual act with an animal.
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This section shall not be interpreted to restrict the extermination
of rats, mice, insects, other vermin, or any such animal deemed a
nuisance by state law, through the use of traps, poisons, or other
commercially available means when used in accordance with the manufacturer’s
directions as long as reasonable precautions are taken to ensure that
no human, pet, or wild animal, other than the targeted species comes
into contact with the traps, poisons, or other means and that such
use does not violate any other section of this chapter.
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(Ordinance O-19-008, sec. 3, adopted 2/21/19)
It shall be a violation for any person to offer, sell, trade,
barter, lease, rent, or give away any live animal, on any roadside,
public right-of-way, or commercial parking lot. This provision does
not prohibit the sale or purchase of animals from inside a person’s
private residence.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
Prohibited animals in the city limits shall include any animal
not normally born and raised in captivity, including but not limited
to the following:
(1)
Class
Reptilia: Family Helodermatidae (venomous lizards) and Family Hydophiidae
(venomous marine snakes); Family Viperidae (rattlesnakes, pit vipers
and true vipers); Family Elapidae (coral snakes, cobras, and mambas);
Family Columbridae-Dispholidus Typus (boomslang); Bioga Dendrophilia
(mangrove snake) and Kirklandii (twig snake only); and Order Crocodilia
(such as crocodiles and alligators);
(2)
Class
Mammalia: Order Carnivores.
a.
Family
Felidea (such as lions, tigers, bobcats, jaguars, leopards and cougars),
except commonly domesticated cats;
b.
Family
Canidae (such as wolves, dingos, coyotes, foxes and jackals), and
any hybrid of an animal listed in this section except commonly domesticated
dogs;
c.
Family
Mustelida (such as weasels, skunks, martins, minks, badgers and otters);
d.
Family
Procyonidae (such as raccoons and coati);
e.
Family
Ursidae (such as bears);
f.
Marsupialia
(such as kangaroos, opossums, koala bears, wallabies, bandicoots,
and wombats);
g.
Chiroperta
(bats);
h.
Edentata
(such as sloths, anteaters, and armadillo);
i.
Probosidea
(elephant);
j.
Primata
(such as monkeys, chimpanzees, orangutans, baboons, and gorillas);
k.
Rodentia
(such as beavers and porcupines).
(3)
Class
Amphibi: Poisonous frogs. Does not include non-poisonous reptiles
or non-poisonous snakes.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
It shall be unlawful for any person to bring an animal, of any
kind, into a city owned or operated facility other than the animal
shelter. The only other exception to this section is an animal designated
as a service animal in accordance with the Americans with Disabilities
Act (ADA). If admitting a service animal would fundamentally alter
the nature of the service or program at a city owned or operated facility
then the service animal may be prohibited.
A service animal must be harnessed, leashed, or tethered while
in a city owned or operated facility unless these devices interfere
with the service animal’s work or the handler’s disability
prevents use of these devices. In that case, the handler must use
voice, signal, or other effective means to maintain control of the
animal. A service animal that is not housebroken or that is out of
control and whose handler does not take effective action to control
it may be excluded from a city owned or operated facility and staff
may request that the animal be removed from the premises.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
Any person, firm or corporation violating any of the provisions
of this chapter that do not provide for a penalty shall be deemed
guilty of a misdemeanor, and each said person shall be deemed guilty
of a separate offense for each and every day, or portion thereof,
during which any violation or any of the provisions of this chapter
is committed, continued or permitted, and upon conviction of any such
violation such person punished by a fine of not less than one dollar
($1.00) and not more than two thousand dollars ($2,000.00).
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
