(a) 
It shall be unlawful for the owner of any cat or dog to allow the cat or dog to suffer.
(b) 
The owner of any dog shall not allow the animal to be at large within the city limits. Each animal with respect to which there is a violation of this subsection and each day that a violation continues is a separate offense.
(c) 
All cats are to be vaccinated and tagged if they are not caged, penned, or kept indoors at all times.
(Ordinance 12-11-08, sec. 6-20, adopted 12/11/08; Ordinance 12-11-08, sec. 6-20, adopted 1/15/09; Ordinance 12-11-08, sec. 6-20, adopted 7/9/09; Ordinance 12-11-08, sec. 6-20, adopted 12/12/13; Ordinance 2020-1201 adopted 11/12/20)
(a) 
Generally.
(1) 
Dogs and cats which are at large may be captured by an animal control officer, or other designated employee of the city if an animal control officer is not available, impounded in an animal shelter and there confined in a reasonably humane manner with necessary food and shelter.
(2) 
In the event of actual and immediate danger of bodily injury to any person because of an animal’s vicious nature or actions, or in the event an animal which constitutes a threat to the health of people or other animals is about to elude capture by an animal control officer, the officer shall be justified in immediately destroying the animal by the use of any reasonable means available to him, without liability of any nature to the owner for the death of the animal.
(b) 
Notification of owner.
If a dog or cat wearing a metal vaccination tag is impounded, the operator of the animal shelter where the dog or cat is impounded shall request the name and address of the owner from the veterinarian who issued the tag. If the owner cannot be reached readily by telephone, written notification shall be mailed to the address furnished by the veterinarian.
(c) 
Holding period.
The director of animal control or an entity contracting with the city to operate an animal shelter shall keep an impounded dog or cat for 72 hours prior to turning said animal over to the City of Waco animal services for disposition.
(d) 
Release of animal to owner; fees.
An impounded dog or cat shall be released to its owner during regular hours of operation upon payment of the fee set forth in the fee schedule in appendix A of this code, and upon proof of ownership. An additional fee for food, as set forth in the fee schedule in appendix A of this code, will also be charged for each animal. The owner is also required to pay any additional fees assessed by a contracting entity who is performing duties under this contract pursuant to section 2.01.006(d) herein. Possession of a vaccination certificate describing the dog or cat or bearing the same serial number that appears on a metal tag worn by the dog or cat shall be accepted as prima facie proof of ownership.
(Ordinance 12-11-08, sec. 6-22, adopted 12/11/08; Ordinance 12-11-08, sec. 6-22, adopted 1/15/09; Ordinance 12-11-08, sec. 6-22, adopted 7/9/09; Ordinance 12-11-08, sec. 6-22, adopted 12/12/13; Ordinance adopting Code)
(a) 
An impounded dog or cat which is not claimed and redeemed by an owner within the three (3) days following the day of its impoundment may be released to any person for a fee as set forth in the fee schedule in appendix A of this code. A time frame of thirty days to have the adopted animal neutered will be required to be met. The decision to place an animal for adoption is in the sole discretion of the authorized custodian of the animal shelter where the animal is impounded. No person seeking to adopt an animal shall be discriminated against on the basis of race, sex, religion or national origin.
(b) 
No person convicted of the offense of dog fighting shall be permitted to adopt a pit bull dog from an animal shelter.
(Ordinance 12-11-08, sec. 6-23, adopted 12/11/08; Ordinance 12-11-08, sec. 6-23, adopted 1/15/09; Ordinance 12-11-08, sec. 6-23, adopted 7/9/09; Ordinance 12-11-08, sec. 6-23, adopted 12/12/13; Ordinance adopting Code)
The owner of every animal shall make sanitary disposal of any excreta deposited by his animal on public walks, streets, or recreation areas, or upon private property not within the control, possession or supervision of said owner.
(Ordinance 12-11-08, sec. 6-27, adopted 12/11/08; Ordinance 12-11-08, sec. 6-27, adopted 1/15/09; Ordinance 12-11-08, sec. 6-27, adopted 7/9/09; Ordinance 12-11-08, sec. 6-27, adopted 12/12/13)
No dog of fierce, dangerous, or vicious propensities, and no female dog in heat, shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park, or other public place in the city regardless of whether said dog is under the control of the owner or any other person by leash, cord, chain or otherwise.
(Ordinance 12-11-08, sec. 6-28, adopted 12/11/08; Ordinance 12-11-08, sec. 6-28, adopted 1/15/09; Ordinance 12-11-08, sec. 6-28, adopted 7/9/09; Ordinance 12-11-08, sec. 6-28, adopted 12/12/13)
It shall be unlawful to keep, shelter or enclose any dog or cat within any residential building which is not occupied as a residence by a person.
(Ordinance 12-11-08, sec. 6-30, adopted 12/11/08; Ordinance 12-11-08, sec. 6-30, adopted 1/15/09; Ordinance 12-11-08, sec. 6-30, adopted 7/9/09; Ordinance 12-11-08, sec. 6-30, adopted 12/12/13)
(a) 
It shall be unlawful for any person to keep, maintain, or shelter more than three (3) dogs, plus one litter to age of three (3) months, within the city, without a written permit. Any person desiring to keep, maintain, or shelter more than three (3) dogs plus one litter to age three (3) months shall make a written request to the director of the department of animal control for a permit to keep a specified number of dogs, not to exceed five (5) adult dogs, at a specified location. Only one permit may be exercised on a lot or parcel of real property. The director of the department of animal control may issue such permit if he determines that such person has a proper and adequate enclosure in which to keep the dogs, and a proper and sanitary shelter for the dogs.
(b) 
A permit may be revoked by the director of the department of animal control in the event either of the above criteria is not maintained, if the person is convicted of any violation of this chapter, or if any one of the dogs is on two (2) separate occasions found at large by an animal control officer.
(c) 
The provisions of this section shall apply equally to the keeping of cats. A person may keep three (3) dogs and three (3) cats, plus a litter of each to age three (3) months, without a permit, and, with a permit, may keep a larger specified number of dogs or cats.
(d) 
The fee for a permit pursuant to this section shall be as set forth in the fee schedule in appendix A of this code.
(e) 
The limitations of this section shall not apply to dogs or cats kept upon the business premises of any veterinarian, kennel, animal shelter, pet shop, or scientific research institution located in a zoning district zoned for such use.
(Ordinance 12-11-08, sec. 6-31, adopted 12/11/08; Ordinance 12-11-08, sec. 6-30, adopted 1/15/09; Ordinance 12-11-08, sec. 6-31, adopted 7/9/09; Ordinance 12-11-08, sec. 6-31, adopted 12/12/13; Ordinance adopting Code)
(a) 
All dogs or cats in the corporate city limits shall be spayed/neutered. The owner of such animals must retain documentation of the spay/neuter of their animals.
(b) 
All dogs or cats impounded within the corporate city limits will be spayed/neutered prior to being released to the owner. The cost to spay/neuter the animal shall be paid by the owner along with the impound fees.
(c) 
The following animals will not be spay/neutered as directed under subsection (a):
(1) 
The animal is under four months of age;
(2) 
A licensed veterinarian certifies that the dog or cat should not be spayed/neutered for health reasons or is permanently non-fertile;
(3) 
The animal is a trained animal used by or under the authority of a governmental agency in police or rescue work;
(4) 
Animals transferred to another animal shelter that provides a written agreement to the city that the animal will be sterilized before being placed into a new home located within the corporate limits of the city; or
(5) 
Animals, picked up for the first time, belonging to a breeder that has:
(A) 
The animal’s microchip number;
(B) 
A copy of the animal’s health statement, as defined herein; and
(C) 
Paid the fee for the first offense and all other fees associated with the impoundment of the animal.
Should the animal be impounded a second time it will be spay/neutered prior to being released to the owner.
(Ordinance 12-11-08, sec. 6-40, adopted 12/12/13)
(a) 
All dogs or cats in the corporate limits must be equipped with a microchip, as defined herein.
(b) 
All dogs or cats will be equipped with a microchip prior to leaving the animal shelter.
(c) 
All impounded dogs or cats shall have a microchip inserted between its shoulder blades before being released to its owner. The owner of the dog or cat shall pay the cost for this procedure in addition to the impoundment fees.
(d) 
Any dog or cat that is adopted from the animal shelter shall have a microchip inserted between its shoulder blades and the animal’s new owner shall pay the cost for this procedure.
(e) 
The microchip fee is not refundable and may be used only for the dog or cat for which it was issued.
(f) 
Subsections (a) and (b) do not apply to a community ear tipped cat.
(Ordinance 12-11-08, sec. 6-41, adopted 12/12/13)
(a) 
Definitions.
In this section:
Adequate shelter.
A clean and sturdy structure: That allows the dog protection from rain, hail, sleet, snow, and subfreezing temperatures; and with dimensions that allow the dog while in the shelter to stand erect, sit, turnaround, and lie down in a normal position.
Collar.
A band constructed of nylon, leather, or similar material, specifically designed to be placed around the neck of a dog.
Harness.
A set of straps constructed of nylon, leather, or similar material, specifically designed to restrain, or control a dog.
Owner.
A person who owns or has custody or control of a dog.
Properly fitted.
With respect to a collar or harness, a collar or harness that: is appropriately sized for the dog based on the dog’s measurements and body weight; does not choke the dog or impede the dog’s normal breathing or swallowing; and is attached around the dog in a manner that does not allow for escape and does not cause pain or injury to the dog.
Restraint.
A chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
(b) 
Unlawful restraint of dog; offense.
(1) 
An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:
(A) 
Adequate shelter;
(B) 
An area that allows the dog to avoid standing water;
(C) 
Shade from direct sunlight; and
(D) 
Potable water.
(2) 
An owner may not restrain a dog outside and unattended by use of a restraint that:
(A) 
A chain;
(B) 
Has weights attached;
(C) 
Is shorter in length than the greater of:
(i) 
Five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or
(ii) 
10 feet;
(D) 
Is not attached to a properly fitted collar or harness; or
(E) 
Causes pain or injury to the dog.
(3) 
A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense.
(4) 
An offense under this section is a class C misdemeanor, except that the offense is a class B misdemeanor if the person has previously been convicted under this section.
(5) 
If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(c) 
Exceptions.
(1) 
It is an exception to the application of this section that:
(A) 
The owner uses a restraint on the dog in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction;
(B) 
The owner uses a restraint on the dog while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state provided the activity is associated with the use or presence of a dog;
(C) 
The owner uses a restraint on the dog while the owner and dog engage in conduct directly related to the business of shepherding or herding cattle or livestock;
(D) 
The owner uses a restraint on the dog while the owner and dog engage in conduct directly related to the business of cultivating agricultural products;
(E) 
The owner leaves the dog unattended in an open-air truck bed only for the time necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed;
(F) 
The owner, or another person with the owner’s permission, takes the dog from the owner’s residence or property and restrains the dog for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or
(G) 
The owner uses a restraint on the dog while the owner and dog are engaged in, or actively training for, hunting or field trialing.
(2) 
Subsection (b)(2)(C) does not apply to a restraint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subsection.
(3) 
This subsection does not prohibit a person from walking a dog with a handheld leash.
(Ordinance 1-27-2022 adopted 1/27/22)