(A) The
Director of Animal Welfare Services and her designees shall be responsible
for the enforcement of this chapter and all other ordinances in the
Code pertaining to animals, unless otherwise provided by law or this
chapter.
(B) The
Director of Animal Welfare Services and her designees shall be responsible
for the enforcement of all laws and regulations of the State of Texas
pertaining to animals that authorize the local health authority or
animal services officers to enforce the same.
(C) Any
person violating any provision of this chapter by committing a prohibited
act or by failing to commit a required act may be issued a notice
to appear or summons to appear for such violation, and upon conviction
thereof, the person shall be deemed guilty of a misdemeanor and punished
as provided in the Code.
(D) Each
24-hour period of violation, and each separate animal or condition
in violation of any provision of this chapter, shall constitute a
separate offense.
(E) For
the purpose of proving violations of this chapter, the requirement
of a culpable mental state is expressly waived, unless otherwise stated.
If the definition of an offense under this chapter does not prescribe
a culpable mental state, then a culpable mental state is not an element
of the offense and is not required to be proven for conviction of
the offense. Such offense shall be punishable by a fine not to exceed
five hundred dollars ($500.00).
(Ordinance 1468-20-11-24, passed 11-24-20)
(A) City
enforcement agents are authorized to seek a warrant or order from
a court of competent jurisdiction to enforce this chapter, pursuant
to all applicable local, state, and federal laws.
(B) City
enforcement agents shall have the power to search, seize and impound
an animal with a warrant or court order under one (1) or more of the
following conditions:
(1) When
the city enforcement agent has probable cause to believe that the
animal has been abandoned or is being treated inhumanely as described
in this chapter;
(2) When
the city enforcement agent has probable cause to believe that the
animal has rabies or has been exposed to rabies; or
(3) When
the city enforcement agent has probable cause to believe that the
animal meets the definition of a dangerous animal as defined in this
chapter; or
(C) City enforcement agents shall have the power to search, seize and impound an animal without a warrant or court order, with probable cause as set forth in subsection
(B)(1)–(3) of this section under the following conditions:
(1) On
public property, in all cases;
(2) On
private property, including the backyard, if:
(a) The consent of the resident or property owner, or someone with apparent
authority to consent, is obtained;
(b) Exigent circumstances exist, the city enforcement agent reasonably
believes that there is imminent danger of serious bodily injury or
death to a human being, another animal, or the animal in question,
and there is insufficient time to obtain a warrant; or
(c) The officer has reasonable belief that the issue requires immediate
investigation to safeguard the animal, public health safety, whether
or not permission to investigate has been obtained. If the property
is occupied, the officer shall first present proper credentials to
the occupant and demand entry, explaining the reasons and purpose
for the investigation.
(3) Upon
the request of a peace officer if the owner is not available and there
is no one seventeen (17) years of age or older to accept responsibility
for the animal.
(a) The city enforcement agent is authorized to use necessary force,
including but not limited to breaking a vehicle’s window, to
make lawful seizures of animals pursuant to this chapter, subject
to all local, state, and federal laws and court orders.
(b) Any city enforcement agent shall have the authority to issue notices
to appear and file probable cause affidavits for any violations of
this chapter, to file affidavits supporting search and/or seizure
warrants, and any other power or duty stated within the terms of this
chapter.
(Ordinance 1468-20-11-24, passed 11-24-20)
(A) When a city resident wishes to voluntarily surrender their pet to the shelter as defined in §
90.02 owner surrender, the resident is required to post their animal on the city’s rehoming website in a good faith effort to rehome the animal.
(B) Not all animals will be accepted by the shelter for surrender. This decision will be made at the discretion of the director of animal welfare services and their designees in accordance §
90.100(B) and other factors such as shelter capacity, space availability, and any other reason deemed appropriate for consideration.
(C) When a city resident has met all proper requirements and takes the appropriate steps to surrender their animal to the shelter as defined in §
90.02 owner surrender and subsection
(A) of this section, the following fees shall apply:
(1) Altered
animal fee of $75.00 per animal.
(2) Unaltered animal fee of $150.00 (for cost of spay/neuter and adoption preparation as detailed in §
90.32(C) and
(E)(1)).
(3) High–risk
animal (temperament with other dogs or health issue) of $150.00.
(Ordinance 1590-23-05-09 passed 5/9/2023)