The following words and phrases, when used in this chapter,
shall have the meanings respectively ascribed to them:
To dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animal; to fail to redeem any animal impounded or quarantined
by the city in a timely manner, as specified herein; or to desert
or leave without care, food, shelter, or a continuous source of clean
water for a period of twenty-four (24) hours or more.
A bird, reptile, or mammal other than a human being, including
but not limited to dogs and cats of all breeds.
A person designated by the city as the primary enforcement
officer regulating animals and owners of animals and for the enforcement
of sections of the state statutes pertaining to the care and control
of animals. The animal control officer is specifically given the authority
to issue citations for the enforcement of the animal control provisions,
and also has the option to file complaints with the municipal court
of the city.
Whenever the animal in question is out of the immediate control
of the person having charge of it, and off his premises.
Any practitioner of veterinary medicine licensed by the state
to practice such in the state, that has been appointed by the city
council to be such.
Has the meaning given in Texas Health and Safety Code section
822.041, and also includes any dog that makes an unprovoked attack
on a domestic animal that causes serious 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.
Any structure or device used to immediately restrict animals
to a limited amount of space, such as a fence, room, pen, run, cage,
compartment, or hutch.
A means by which land is enclosed so as to prevent the passage
of livestock or other animals.
Having escaped from domestication and become wild and uncontrollable.
Any animal of the class Aves, such as chickens, pigeons,
ducks, turkeys, ostriches, emus, etc.
A dog that received protection, police or guard dog training
and is used by law enforcement, private security, or in protective
functions where the dog is responsive to control by its owner or handler
and used only for protective functions regardless of its status as
a personal pet of its owner or handler.
A dog that is trained to assist a disabled person.
The act of keeping and caring for an animal or of providing
premises to which the animal returns for food, shelter, or care for
a period of ten days or longer.
Any treatment of an animal prohibited by V.T.C.A. Penal Code
section 42.09, or V.T.C.A, Health and Safety Code, chapter 821, 822,
or 826, as amended from time to time, or by any other provision of
law, including federal, state and local laws, ordinances and rules.
Shall include, regardless of age, sex or breed, horses and
all equine species, including mules, donkeys and jackasses; cows and
all bovine species; sheep and all ovine species; llamas; goats and
all caprine species; and pigs and all swine species. Different requirements
may exist for the location, size of enclosure, and maintenance of
large livestock and small livestock.
Any property utilized as a multifamily, four-plex, triplex,
duplex, or single-family dwelling, whether occupied or not, unless
such building has been condemned as a dangerous building.
An injury to an animal characterized by severe bite wounds
or severe ripping and tearing of muscle that would cause a reasonably
prudent owner to seek veterinary treatment for the injured animal,
regardless of whether or not treatment is actually sought.
Any animal which occurs naturally in a wild state. This includes
any animal which is part wildlife.
(1989 Code, ch. 2, art. 1, sec. 1(B); Ordinance 03-20-07, sec. 1, adopted 3/26/07; Ordinance 071707, sec. I, adopted 7/17/07; Ordinance 061708, sec. 3, adopted 6/17/08)
Any person violating a section of this chapter shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, plus all costs involved in impounding animals, unless otherwise specified as a class A misdemeanor or felony.
(1989 Code, ch. 2, art. 2, sec. 13)
(a)
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be fined as provided in section 2.01.002. Each violation shall constitute a separate offense.
(b)
It
is not necessary to plead or prove any culpable mental state in a
prosecution arising under this chapter.
(Ordinance 03-20-07, sec. 4, adopted 3/26/07)
Notwithstanding any other law, the clerk of a court that collects
a penalty under this chapter shall remit the penalty collected for
deposit in the general fund of the city.
(Ordinance 061708, sec. 5, adopted 6/17/08; Ordinance adopting Code)
(a)
A person commits an offense if, with intent to deceive, he knowingly makes a false report or statement, either verbal or written, that is material to an investigation of an alleged violation of article 2.05 or article 2.06 of this chapter to an animal control officer or other person authorized to enforce provisions of article 2.05 or article 2.06.
(Ordinance 061708, sec. 5, adopted 6/17/08)
There is hereby created the office of animal control officer.
The animal control officer shall be appointed by the city and shall
perform such duties as prescribed by this chapter.
(1989 Code, ch. 2, art. 1, sec. 1(A))
Animal control officers and police officers are hereby authorized
to trap animals at large by means of live traps and to issue live
traps to citizens for the purpose of trapping animals at large. Any
person tampering with a live trap or releasing an animal confined
in a live trap is guilty of a misdemeanor.
(1989 Code, ch. 2, art. 2, sec. 4)
No person shall remove, alter, damage or otherwise tamper with
a trap or equipment belonging to or set out by the animal control
officer.
(Ordinance 061708, sec. 5, adopted 6/17/08)
The animal control officer, his authorized representatives,
and police officers are authorized to enter upon any unfenced lot,
tract, or parcel of land for the purpose of chasing and impounding
any dog or cat running at large.
(1989 Code, ch. 2, art. 2, sec. 5)
Any person who shall interfere with or attempt to prevent the
animal control officer or any of his representatives or police officer
from catching or impounding any dog or cat running at large, whether
on public or private property, shall be guilty of a misdemeanor.
(1989 Code, ch. 2, art. 2, sec. 6)
(a)
Running at large.
It shall be unlawful for any person
raising, owning and/or keeping any animal to willfully suffer or permit
any such creature to run at large upon the public streets, avenues,
alleys, parks, or other public property of the city, or to willfully
suffer or permit any animal to run at large or to go upon the premises
owned or in possession of or under the control of any other person
in the city.
(Ordinance 061909, sec. 2, adopted 6/6/09)
It shall be unlawful to keep or harbor more than a total of
five (5) dogs and/or cats three (3) months of age or older on any
premises within the city, unless said owner has filed for and received
a special permit from the city.
(1989 Code, ch. 2, art. 2, sec. 10)
(a)
No
person shall willfully or knowingly keep or harbor on his premises
any animal that makes or creates loud and obnoxious noises by whatever
method created thereby disturbing the peace of the neighborhood or
disturbing the occupant of adjacent premises or people living in the
vicinity of such loud and obnoxious noise.
(b)
A
person making a complaint under this section must file a complaint
with the animal control officer or police officer.
(c)
Upon
receipt of the complaint, the animal control officer or police officer
will then issue a warning to the animal’s owner giving them
seventy-two (72) hours to correct the problem.
(d)
If
the problem has not been solved after seventy-two (72) hours, the
original complainant must file a formal complaint in municipal court.
(1989 Code, ch. 2, art. 1, sec. 3)
Any person who shall harbor or keep animals on his/her premises,
or in or about premises under his/her control, and who allows such
premises to become a hazard to the general health and welfare of the
community, or who shall allow such premises to give off obnoxious
or offensive odors due to the activity or presence of such animals,
shall be guilty of a class C misdemeanor.
(Ordinance 061708, sec. 5, adopted 6/17/08)
It shall be the duty of every person raising, owning or keeping
any animals to keep such creatures and their abodes in a sanitary
condition so that such animal, or the place where such creature is
kept, shall not emit foul and offensive odors of sufficient strength
to be detected on any adjoining property.
(1989 Code, ch. 2, art. 1, sec. 4)
(a)
It
shall be unlawful to keep, harbor, or raise swine, to include potbelly
pigs, within a pen or other enclosure at any location within the corporate
limits of the city.
(b)
Exception:
Swine may be brought in the city for the purpose of selling such animals
within seven (7) days.
(1989 Code, ch. 2, art. 1, sec. 6)
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 roadways,
any dead animal, either wild or domesticated, or any dead fowl, either
wild or domesticated.
(Ordinance 061708, sec. 5, adopted 6/17/08)
(a)
If
any dog or cat within the city shall bite, scratch or otherwise attack
any person, and the person so attacked was not at the time trespassing
on the property of the owner or person having control of such dog
or cat, or if it cannot be proved beyond a reasonable doubt that the
person so attacked was provoking or teasing such dog or cat, the municipal
court shall have the authority to order and hold a hearing, and if
such court shall determine at such hearing that such dog or cat is
vicious or dangerous to persons or other animals, the court may order
that such dog or cat be kept muzzled, or that such dog or cat be kept
within a sufficient enclosure and require liability insurance or show
financial responsibility in the amount of at least $100,000.00 to
cover damages resulting from an attack by a dangerous dog causing
bodily injury to a person. If the owner fails to comply with the restriction
set forth and upon application, and after notice and hearing, the
court shall issue a warrant authorizing the seizure of the dog. The
owner has eleven (11) days after seizure to comply or the dog must
be ordered humanely destroyed.
(b)
The
dog must be destroyed if the dog caused the death of a person; the
dog may be ordered destroyed if the court finds it caused serious
bodily injury by attacking, biting, or mauling a person.
(c)
Any
physical harm incurred by the animal control officer, police officer
or other city employee during the performance of their duties or in
apprehending a vicious or dangerous dog shall be remedied by the owner
of the dog, which may include all medical charges and compensation
for any time lost due to the dog bite.
(1989 Code, ch. 2, art. 2, sec. 3)
