For the purposes of this chapter, the following terms shall be defined as follows:
Abandon.
Includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
Animal.
A domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
Animal control officer.
Any person designated by the city as an officer who is authorized and qualified to perform animal control duties under the laws of the city.
Animal shelter.
Any facility operated by a humane society or the city, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large.
Off the premises of the owner and not under the complete control, either by leash, cord, or chain, not exceeding six feet in length, of the owner who is then physically present with the dog; or on the premises of the owner and not within the direct, constant and immediate presence of a person having effective verbal command of the dog, or otherwise confined to said premises by means of a leash, cord, chain or secure enclosure.
Cruel manner.
Includes a manner that causes or permits unjustified or unwarranted pain or suffering.
Custody.
Includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
Health statement.
A statement from a veterinarian stating that an animal is healthy, free from signs of infectious or contagious diseases, and up to date on vaccinations. It shall include the animal’s microchip number, and the animal identification such as the species, age or date of birth, sex, sterilization status and breed, and must be dated within the last 24 months.
Humane society.
An organization founded for the prevention of cruelty to animals and education of the public.
Kennel.
A place in which five (5) or more dogs or cats at least six (6) months of age are kept, boarded or trained by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.
Livestock animal.
Has the meaning assigned by section 42.09 of the Texas Penal Code.
Microchip.
A small radio frequency identification device that is inserted between the shoulder blades of an animal, provides specific information about a dog’s identity, and is inert until activated by a scanner.
Necessary food water, care, or shelter.
Includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
Owner.
Any person, firm, association, partnership, or corporation owning, keeping, in charge of, in control of, or harboring one or more animals.
Pet shop.
Any person, firm, partnership or corporation conducting a business at a properly zoned location, whether operated separately or in connection with another business enterprise other than a kennel, that buys, sells or boards any animal.
Residence.
A house, apartment, room or duplex inhabited as the principal dwelling place of a person or persons.
Residential building.
A structure or building designed, constructed or converted for use as a residence.
Torture.
Includes any act that causes unjustifiable pain or suffering.
Trap.
Any device placed by an animal control officer, employed or used in the capture of animals, which is not under the constant supervision of an officer and which functions in such a manner as to confine any animal entering same.
Violation.
A person commits an offense if he violates this section. The person's conduct with respect to each animal constitutes a separate offense.
(Ordinance 12-11-08, sec. 6-15, adopted 12/11/08; Ordinance 12-11-08, sec. 6-15, adopted 1/15/09; Ordinance 12-11-08, sec. 6-15, adopted 7/9/09; Ordinance 12-11-08, sec. 6-20, adopted 7/9/09; Ordinance 12-11-08, sec. 6-15, adopted 12/12/13; Ordinance 2020-1201 adopted 11/12/20; Ordinance 12-21-2023-1 adopted 12/21/2023)
Any person, firm or corporation who shall violate this chapter shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 12-11-08, sec. 6-21.001, adopted 12/11/08; Ordinance 12-11-08, sec. 6-21.001, adopted 1/15/09; Ordinance 12-11-08, sec. 6-21.001, adopted 7/9/09; Ordinance 12-11-08, sec. 6-21.001, adopted 12/12/13; Ordinance adopting Code)
(a) 
An animal control officer or police officer is authorized to issue a citation to any person who violates a provision of this chapter. The citation shall set forth the general nature of the violation charged, and direct the violator to appear in the municipal court of the city on or before a certain day. The violator shall sign the citation to indicate his agreement to appear. In the event a violator refuses to sign the agreement to appear, a police officer may be called to the scene and, upon the continued refusal of such person to sign, may arrest such person.
(b) 
When the violator is not present, the citation may be issued, a complaint filed, and procedure followed as permitted by law.
(Ordinance 12-11-08, sec. 6-21, adopted 12/11/08; Ordinance 12-11-08, sec. 6-21, adopted 1/15/09; Ordinance 12-11-08, sec. 6-21, adopted 7/9/09; Ordinance 12-11-08, sec. 6-21, adopted 12/12/13)
The mayor of the city shall have the authority by proclamation to make any additional rules or regulations that he might deem necessary to protect the public against animals. Any such rules or regulations shall remain in full force and effect until the first regular meeting of the city council subsequent to the rule or regulation being established. The rules and regulations shall expire unless approved by the vote of at least three of the councilmembers in attendance and voting at said meeting.
(Ordinance 12-11-08, sec. 6-34, adopted 12/11/08; Ordinance 12-11-08, sec. 6-34, adopted 1/15/09; Ordinance 12-11-08, sec. 6-34, adopted 7/9/09; Ordinance 12-11-08, sec. 6-34, adopted 12/12/13)
Any of the exemptions or exceptions set out in this chapter may be shown as a defense to a prosecution hereunder, and it shall not be necessary to negative in any complaint or information any of such exemptions or exceptions as a defense or justification, [and] the burden of proving the exemption or exception shall be upon the defendant.
(Ordinance 12-11-08, sec. 6-35, adopted 12/11/08; Ordinance 12-11-08, sec. 6-35, adopted 1/15/09; Ordinance 12-11-08, sec. 6-35, adopted 7/9/09; Ordinance 12-11-08, sec. 6-35, adopted 12/12/13)
(a) 
In order to enforce state law and this chapter relating to dogs and other animals, the position of animal control officer is hereby created. The animal control officer shall be under the direct supervision and control of the city police department and to the chief of police at all times and in particular.
(b) 
The animal control officer shall be responsible for enforcing this chapter pertaining to regulation, control and licensing of dogs, cats and other animals within the city limits, concurrently with the police department. For that purpose, the animal control officer and assistants are vested with the authority to impound animals when required or authorized to do so by applicable law or ordinance, to issue notices to persons who they have reason to believe have violated such ordinances, to sign formal complaints for the issuance of warrants by the court for violations of such laws or ordinances, to aid as necessary in the investigation of dog bites within the city and to cause the quarantine of dogs for rabies examinations, and with the authority to perform duties and responsibilities imposed by this chapter.
(c) 
The animal control officer is authorized to enter upon any property to investigate and/or seize any animal in violation of this chapter.
(d) 
The city may also enter into contracts or agreements with public or private entities to carry out this chapter and the duties listed in this chapter.
(Ordinance 12-11-08, sec. 6-37, adopted 12/11/08; Ordinance 12-11-08, sec. 6-37, adopted 1/8/09; Ordinance 12-11-08, sec. 6-37, adopted 1/15/09; Ordinance 12-11-08, sec. 6-37, adopted 7/9/09; Ordinance 12-11-08, sec. 6-37, adopted 12/12/13)
It shall be unlawful for any person to tamper with, destroy, damage, spring, or cause to malfunction any trap set by the department of animal control, or to release any dog or cat from any such trap.
(Ordinance 12-11-08, sec. 6-29, adopted 12/11/08; Ordinance 12-11-08, sec. 6-29, adopted 1/15/09; Ordinance 12-11-08, sec. 6-29, adopted 7/9/09; Ordinance 12-11-08, sec. 6-29, adopted 12/12/13)
The driver of any vehicle which collides with or strikes any domesticated animal shall stop such vehicle immediately at the scene of such accident, or as close as possible without interfering with traffic, render reasonable assistance to said animal and then and there either locate and notify the owner of said animal or report said accident and the injury to the department of animal control or the police department. An injured animal may be delivered to its owner, a veterinarian, an animal control officer or an animal shelter. The provisions of this section shall not apply to any emergency vehicle or to a driver taking an ill or injured person to medical care, nor shall it require assistance to an animal if providing such assistance would place any person in danger from the animal or traffic.
(Ordinance 12-11-08, sec. 6-32, adopted 12/11/08; Ordinance 12-11-08, sec. 6-32, adopted 1/15/09; Ordinance 12-11-08, sec. 6-32, adopted 7/9/09; Ordinance 12-11-08, sec. 6-32, adopted 12/12/13)
(a) 
An animal that has been severely injured may be destroyed in a humane manner if the animal is suffering and is not expected to survive.
(b) 
An animal that exhibits symptoms of mange, distemper, parvo or other communicable diseases may be destroyed in a humane manner. Animals suspected of having a communicable disease shall not be confined with healthy animals in an animal shelter.
(c) 
If an injured or diseased animal in the custody of an animal shelter or animal control officer is wearing a current vaccination tag or other identification, the custodian shall make every reasonable effort to notify the owner of the animal’s location and condition before destroying the animal. Once notified, if the owner proceeds immediately to the location of the injured animal, it shall be released to the owner without charge. Animals that are not wearing any type of identification may be destroyed immediately.
(d) 
The city shall not be responsible for obtaining veterinary services for unclaimed diseased or injured animals. In the event a humane society obtains veterinary services for a diseased or injured animal, a person subsequently claiming ownership of the animal shall be liable for all expenses of treatment. A person or entity that obtains veterinary services for an animal may bring suit against the animal’s owner to collect expenses of treatment.
(e) 
The city and its officers, agents and employees shall not be liable in damages for the destruction of any animal accomplished in accordance with this chapter.
(Ordinance 12-11-08, sec. 6-33, adopted 12/11/08; Ordinance 12-11-08, sec. 6-33, adopted 1/15/09; Ordinance 12-11-08, sec. 6-33, adopted 12/12/13)
(a) 
Animal defecation on public and private property restricted.
No person having possession, custody or control of any animal shall knowingly or negligently permit that animal to defecate upon any street, driveway, alley, curb, or sidewalk in the city, or in any place frequented by the public. No person having possession, custody or control of any animal shall knowingly or negligently permit that animal to defecate upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
(b) 
Disposal of animal feces.
Any person having possession, custody or control of any dog or other animal which defecates in any area other than the private property of the owner of such dog or other animal, as prohibited by this section, shall be required to immediately remove any feces from such surface and either:
(1) 
Carry said away for disposal in a toilet.
(2) 
Place same in a non-leaking container for deposit in a trash or litter receptacle.
(c) 
Dogs accompanying blind or handicapped persons exempted.
The provisions of subsections (a) and (b) of this section shall not apply to a guide dog accompanying any blind person, or to a dog used to assist any other physically handicapped person.
(d) 
Penalty.
Any person, firm or corporation who shall violate this section shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 12-11-08, sec. 6-36, adopted 12/11/08; Ordinance 12-11-08, sec. 6-36, adopted 1/15/09; Ordinance 12-11-08, sec. 6-36, adopted 7/9/09; Ordinance 12-11-08, sec. 6-36, adopted 12/12/13; Ordinance adopting Code)
The owner or person responsible for the care and treatment of an animal shall provide food and water to the point that the animal is in good health. Clean and proper shelter shall be provided at all times. Medical care and treatment shall be provided to all animals. The owner or person responsible for the care and treatment of an animal shall not abandon an animal for any reason. Animals shall not be confined or transported in any cruel or inhumane manner for any length of time.
(Ordinance 12-11-08, sec. 6-38, adopted 1/8/09; Ordinance 12-11-08, sec. 6-38, adopted 1/15/09; Ordinance 12-11-08, sec. 6-38, adopted 7/9/09; Ordinance 12-11-08, sec. 6-38, adopted 12/12/13)
There is hereby adopted as part of this article all of the provisions of title 10, chapter 822, subchapter D, as amended, of the Texas Health and Safety Code except section 822.0422.
(1) 
Dangerous dog has the meaning in section 822.041 of the Texas Health and Safety Code and also includes any dog that:
(A) 
Makes an unprovoked attack on a person, domestic animal, or livestock that causes bodily injury or death 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
(B) 
Is trained or harbored for fighting.
(2) 
Dangerous animal means an animal other than a dog that:
(A) 
Makes an unprovoked attack on a person, domestic animal, or livestock that causes bodily injury and occurs 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;
(B) 
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 a person, domestic animal, or livestock; or
(C) 
Is trained or harbored for fighting.
(3) 
The requirements for an owner of a dangerous animal shall be the same as those of an owner of a dangerous dog pursuant to section 822.042 of the Texas Health and Safety Code, as amended.
(4) 
Determination that an animal is dangerous shall be conducted in the same manner as prescribed for dogs in section 822.0421 of the Texas Health and Safety Code, as amended. The court shall set a time for a hearing to determine whether an animal is a dangerous animal or whether the owner of the animal has complied in the same manner as prescribed for dogs in section 822.0423 of the Texas Health and Safety Code, as amended. A party to an appeal of a determination or a hearing under this section may appeal the decision in the same manner as prescribed for dogs in section 822.0424 of the Texas Health and Safety Code, as amended.
(5) 
The provisions of this article shall not apply to dogs or other animals under the control of a law enforcement or military agency. It is a defense to prosecution under section 5-155 [subsection (6)(A)] or section 5-156 [section 2.01.002] that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal in connection with that position.
(6) 
Attack by dangerous animal.
(A) 
A person commits an offense if the person is the owner of an animal determined to be a dangerous dog or dangerous animal and the animal makes an unprovoked attack on a person, domesticated animal, or livestock outside the animal's enclosure and causes bodily injury to the person, domesticated animal, or livestock.
(B) 
An offense under this section is a class C misdemeanor.
(C) 
If a person is convicted or pleads guilty or no contest to an offense under this section in return for a grant of deferred adjudication, the court may order the dangerous animal destroyed by a person listed in section 822.004, Texas Health and Safety Code.
(7) 
A person who owns or keeps custody or control of a dangerous dog or dangerous animal commits an offense if the person fails to comply with section 822.042 or section 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs or dangerous animals.
(A) 
Except as provided by subsection (B), an offense under this section is a class C misdemeanor.
(B) 
An offense under this section is a class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(8) 
In addition to those provisions under Texas Health & Safety Code 822.042(g), a person learns that the person is the owner of a dangerous dog when the owner is informed by a police officer that the dog is a dangerous dog under section 822.0421.
(Ordinance 12-11-08, sec. 6-39, adopted 1/15/09; Ordinance 12-11-08, sec. 6-39, adopted 7/9/09; Ordinance 12-11-08, sec. 6-39, adopted 12/12/13; Ordinance adopting Code)
It shall be the duty of every person keeping or maintaining any animal or fowl which becomes infected or afflicted with a disease which is contagious or a threat to the life and health of other such animals and fowl, or to humans, to humanely destroy said animals or fowl and dispose of its remains when directed, and as directed, by an officer of the McLennan County health department. This section shall not apply to animals or fowl coming within the purview of section 2.04.002(a) and (b) of this chapter.
(Ordinance 12-11-08, sec. 6-11, adopted 12/11/08; Ordinance 12-11-08, sec. 6-11, adopted 1/15/09; Ordinance 12-11-08, sec. 6-11, adopted 7/9/09; Ordinance 12-11-08, sec. 6-11, adopted 12/12/13)
Except for animals and fowl kept by veterinarians or persons engaged in medical or scientific research, and those mounted by a taxidermist, dead animals and fowl shall be disposed of within twenty-four (24) hours of the time of death. The manner in which dead animals and fowl are disposed of shall, at a minimum, comply with the established regulations of the McLennan County health department and applicable state laws and regulations.
(Ordinance 12-11-08, sec. 6-12, adopted 12/11/08; Ordinance 12-11-08, sec. 6-12, adopted 1/15/09; Ordinance 12-11-08, sec. 6-12, adopted 7/9/09; Ordinance 12-11-08, sec. 6-12, adopted 12/12/13)
It shall be unlawful for any person to dispose of any dead animal or fowl upon the public property within the city, other than the sanitary landfill. Public property shall include, but not be limited to, streets, alleys, parks, buildings and grounds owned, operated or rented by any level of government, school property, and drainage channels maintained by the city.
(Ordinance 12-11-08, sec. 6-13, adopted 12/11/08; Ordinance 12-11-08, sec. 6-13, adopted 1/15/09; Ordinance 12-11-08, sec. 6-13, adopted 7/9/09; Ordinance 12-11-08, sec. 6-13, adopted 12/12/13)
(a) 
Activities considered nuisance.
The following activities, among others, shall be considered to be a public nuisance with respect to activities of animals: destruction of property, creating or causing loud noises, overturning trash containers or spreading trash or like items, or engaging or entering into any activity which may reasonably be considered to be a nuisance to persons, or property of others.
(b) 
Duty of owner.
No owner, keeper or person responsible for the supervision of any animal shall permit such animal to or fail to prevent such animal from creating a nuisance to persons, property, or other animals within the city.
(c) 
Notice of complaint.
Upon the receipt of a complaint that any person is allowing an animal to create a nuisance, the city shall give the owner or person responsible for control of such animal notice that a complaint has been made and a warning that the activity being complained of is a nuisance and in violation of this code. In the event that the action complained of recurs or is not remedied, then a charge shall be filed by the city for violation of the provisions of this section.
(Ordinance 88-8, art. B, secs. 5–7, adopted 7/11/89)
(a) 
It is unlawful for any person to abandon any animal within the city limits.
(b) 
Whenever in this code or in any ordinance of the city, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in this code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).
(c) 
Unless otherwise stated in this code or in any ordinance, each day/or each animal in any violation of this code or of any ordinance shall continue shall constitute a separate offense.
(Ordinance 12-21-2023-1 adopted 12/21/2023)