Except as provided herein, all animals within the city shall be marked by some type of identifying license, tag, band, tattoo or brand by which the animal’s owner can be identified. Animals exempted from this requirement are mice, rats, rabbits, guineas, hamsters, gerbils, ferrets, fowl and snakes.
(Ordinance 2017-08-21-02, art. II, sec. 1, adopted 8/21/17)
(a) 
Responsible party.
It shall be unlawful for any person who owns, keeps, harbors or otherwise has control over any animal within the city to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to run or be at large within the city.
(b) 
Cats.
The prohibition against an animal running at large shall not apply to a domestic cat which has been vaccinated as required by this chapter and which is wearing the required vaccination tags. The prohibition shall apply to all other cats.
(c) 
Restraint required.
An animal shall be considered to be at large if it is not under the control of its owner by either a leash, chain, cord or other suitable material attached to a collar or harness, or not restrained on the property of the owner by a leash, chain, cord or fence. An animal inside a vehicle parked in a public place or in the open bed of a moving or parked vehicle in a public place shall be considered to be at large unless it is restrained in such a manner that it cannot exit the vehicle of its own volition.
(d) 
Snakes.
It shall be unlawful for any person to have a snake in any park or other public place unless it is within some type of cage, pen or enclosure.
(e) 
Impoundment.
The animal control officer for the city may impound any animal observed to be at large, whether the animal is on public or private property, subject to the applicable provisions of the law. If the animal control officer observes an animal on property which is owned by a person other than the owner of the animal, and observes the animal return to property of its owner, the animal control officer may impound the animal or issue a citation for the animal running at large. In the event the animal is on private property or property of the animal’s owner the animal control officer, his/her agent, or peace officer may enter the property, other than a private dwelling, for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of this chapter and law.
(f) 
Prima facie evidence.
Proof that an animal was found at large in violation of this section, together with proof that the defendant was the owner of such animal at the time, shall constitute prima facie evidence that the defendant allowed or permitted the animal to be at large.
(Ordinance 2017-08-21-02, art. II, sec. 2, adopted 8/21/17)
(a) 
It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner of the animal. That the animal was at large at the time it defecated on any property shall constitute prima facie evidence that the owner or person in control of the animal allowed or permitted the animal to so act.
(b) 
Defense.
It shall be a defense to prosecution under this section that the owner or person in control of the animal immediately removed and cleaned up such animal’s feces from public or private property.
(Ordinance 2017-08-21-02, art. II, sec. 3, adopted 8/21/17)
(a) 
No person shall possess, keep or have care, custody or control of a prohibited animal, wild animal or wildlife within the city except as provided herein.
(b) 
All persons shall be prohibited from selling, giving, transferring or importing into the city any wild animal.
(c) 
This section shall not apply to approved zoological parks, performing animal exhibitions or circuses. Nor shall this section apply to primary and secondary schools, colleges and universities, zoological parks owned or operated by a governmental entity or any animal assisting physically handicapped persons.
(d) 
It shall be a defense to prosecution under this section that the animal being kept was an infant or injured animal which was not capable of surviving on its own and that such animal was kept for three days or less, or for such reasonable time as was necessary before giving the animal to a licensed wildlife rehabilitator.
(Ordinance 2017-08-21-02, art. II, sec. 4, adopted 8/21/17)
(a) 
Definition.
As used in this article, a nuisance animal shall be defined as any animal that commits any of the acts listed herein:
(1) 
Molests or chases pedestrians, passersby or passing vehicles, including bicycles, or molests, attacks or interferes with other animals or persons on public property or private property other than the owner’s;
(2) 
Makes unprovoked attacks on other animals of any kind or engages in conduct which establishes such animal as a “dangerous animal”;
(3) 
Is repeatedly at large, specifically, three or more times per 12-month period (excluding domestic cats);
(4) 
Damages, soils or defiles public property or private property, other than property belonging to or under the control of the owner;
(5) 
Defecates on property not belonging to or under the control of its owner, unless such waste is immediately removed and properly disposed of by the owner of the animal;
(6) 
Barks, whines, howls, crows, cackles or makes any noise excessively and continuously, and such noise disturbs a person of ordinary sensibilities;
(7) 
Produces odors or unclean conditions sufficient to annoy persons living in the vicinity; or
(8) 
Is unconfined when in heat.
(b) 
Issuance of order; appeals.
If the animal control officer determines that any animal is a nuisance, the animal control officer may issue an order requiring that the owner meet certain remedial requirements to correct the conduct of the animal. The order shall be given to the owner by personal service or by certified mail, return receipt requested. The owner may file an appeal to this order as provided in article 2.03 of this chapter.
(Ordinance 2017-08-21-02, art. II, sec. 5, adopted 8/21/17)
No person shall construct, place or maintain any beehive within 300 feet of any residence other than that of the owner except with the consent of the occupants of all such residences.
(Ordinance 2017-08-21-02, art. II, sec. 6, adopted 8/21/17)
(a) 
All fowl and rabbits shall be kept within a pen, coop or hutch. A fenced yard shall not qualify as a pen or coop.
(b) 
Any person keeping or harboring any animal, other than livestock, shall locate any pen, coop, hutch or other housing at least 50 feet from any residence, excluding the residence of the person keeping or harboring the animals.
(Ordinance 2017-08-21-02, art. II, sec. 7, adopted 8/21/17)
(a) 
It shall be unlawful for any person owning or having care, custody or control over any livestock to:
(1) 
Cause or permit any livestock to be pastured, herded, staked or tied in any street, lane, alley, park or other public place;
(2) 
Tie, stake or pasture or permit the tying, staking or pasturing of any animal upon any private property within the city without the consent of the owner or occupant of such property, or in such a way as to permit any livestock to trespass upon any street or other public place or upon any private property; or
(3) 
Permit any livestock to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such livestock.
(b) 
It shall be unlawful for any person to keep or harbor any livestock within the city in a pen or other enclosure situated at any point closer than 200 feet to any residence, excluding the residence of the person keeping or harboring the livestock.
(c) 
It shall be unlawful for any person to keep or harbor any livestock within the city in a pen or other enclosure which has less than 600 square feet of area for each livestock.
(Ordinance 2017-08-21-02, art. II, sec. 8, adopted 8/21/17)
All feed provided for animals, other than hay, shall be kept in an enclosed building or container except when being used to feed an animal.
(Ordinance 2017-08-21-02, art. II, sec. 9, adopted 8/21/17)
(a) 
Hogs.
The keeping of hogs is prohibited, subject only to the following exceptions:
(1) 
It is unlawful and constitutes an offense for any person to keep any hog in any house, shed, pen, lot, pasture or other enclosure in the city limits within 200 feet of any dwelling structure, adjacent residential or commercial lot or other public place.
(2) 
This section does not apply to hogs kept temporarily (not to exceed two days) in shipping pens when utilized for the purposes of shipment or to hogs kept temporarily (not to exceed five days) at auction or sales pens or barns for the purpose of sale or show.
(b) 
Keeping of animals near city water supply.
(1) 
It is unlawful and constitutes an offense for any person, whether for himself or as the agent or servant of another or others, to keep or to participate in keeping any horse, hog, cattle, sheep, goat, other livestock and/or fowl in any pen or lot used to confine any such multiple animal operation within 500 feet of any water supply wells from which the city obtains its principal water supply as specified in the official Texas Administrative Code published under authority of the secretary of state.
(2) 
“Keeping” means the care and control of the livestock or fowl in question for a period of longer than five days.
(c) 
Distance restrictions for keeping of animals and fowl.
It is unlawful and constitutes a nuisance to keep any horse, cattle, sheep, goat, rabbit or other livestock, including fowl, at any place within the city, when the place where the same are kept is within 200 feet of any private residence or dwelling place or within 500 feet of any building or establishment open to the public, with the exception of park land, or if the animal or fowl in question is kept in a manner and under conditions wherein by reason of the odors emanating therefrom, the noise made by it or from any other cause pertaining to it or pertaining to the manner or to the place at which it is kept is reasonably calculated to annoy, offend or disturb the reasonable sensibilities of inhabitant of a private residence, or person(s) occupying or visiting an establishment open to the public. The distance provisions do not apply to park land; however, other requirements of this section relating to the manner in which animals are kept shall apply to such park land.
(d) 
Prima facie evidence of violation of distance restrictions.
Proof that one dozen or more of such fowl or animals as described in subsection (c) above, or any combination thereof, are being kept at any one time at a place within the city that is within 200 feet of the private residence of another, or within 500 feet of any building or establishment open to the public, shall be sufficient to make out a prima facie case, and unless such prima facie case is overcome by sufficient evidence, it shall warrant a conviction under the provisions of this section.
(e) 
Exceptions to distance restrictions.
The distance restrictions of this chapter do not apply to property zoned or to be zoned as Agricultural (A) and Residential Estate (RE) according to the zoning ordinance of the city, or to property properly zoned or used (as in continuing use) as veterinary clinics or facilities or established kennels that are for the purposes of care or boarding animals.
(f) 
Dead animals and fowl.
It is unlawful for any person in the city to cause to be placed or place, or allow to remain in or near his premises or the premises of any other person, or in any of the streets or other public ways, any dead animal, either wild or domesticated, or any dead fowl, either wild or domesticated.
(Ordinance 2017-08-21-02, art. II, sec. 10, adopted 8/21/17; Ordinance adopting 2018 Code)
If a complaint has been filed in municipal court of the city against the owner of an impounded animal for a violation of this chapter the animal shall not be released except on the order of the municipal judge or animal control officer which may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court nor from the fees and fines which may result from a violation of this chapter.
(Ordinance 2017-08-21-02, art. II, sec. 11, adopted 8/21/17)