As used in this chapter, the following words shall have the meanings ascribed to them:
Animal control officer.
A person duly appointed to such position or their designee, to receive reports of animal bites, investigate bite reports, ensure quarantine of possibly rabid animals and otherwise carry out provisions of state law pertaining to control and eradication of rabies, other state animal regulations and local animal ordinances.
Animal shelter.
A place operated by or for the town, whether in town facilities or by contract, for the impoundment of animals as prescribed by law.
Animal unit.
Includes on adult livestock animal or an adult female with unweaned offspring.
At-large (run at-large).
An animal is at-large if it is not confined by a building, wall, or fence of sufficient strength to restrain the animal or on a leash under direct supervision of the owner.
Attack.
An aggressive or violent action against a person or a domestic animal by an animal.
Business day.
A weekday that is not a state, federal, or town holiday.
Cat.
A domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other wild animal or hybrid.
Circus.
A commercial variety show featuring animal acts for public entertainment.
Commercial purpose.
To advance a person's economic interests.
Dangerous animal.
An animal that has on two previous occasions, without provocation, attacked or bitten a person or another animal.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury 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
(2) 
Commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Dog.
A domesticated member of the Canidae (canine) family other than a wolf, jackal, fox, dingo, coyote, or other wild animal or hybrid thereof.
Dog or cat tag.
A metal tag for attachment to a dog or cat collar, carrying a serial number corresponding to the number of the dog or cat tag for the animal.
Domestic animal.
A pet; dogs, cats or other tame animals which serve a purpose for the owner.
Fowl.
Any chicken, turkey, duck, goose, pigeon, or other related type birds.
Hybrid.
The product of mating two different species of animals regardless of the number of generations born since that original mating.
Impound.
To take into custody or to place in the town animal shelter. Impoundment begins at the time an animal is in the animal control officer’s control or placed into a town-owned vehicle, trailer, or cage.
Keep.
To maintain, harbor or care for an animal or to provide premises to which the animal returns for food, shelter or care for more than three (3) consecutive days.
Kennel.
Any premises upon which more than five (5) dogs, four (4) months of age or older, are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs or cats is conducted. The term does not include a veterinary hospital or humane society.
Livestock.
Any horse, swine, mule, hinny, jack, jennet, sheep, goat, llama or alpaca, camel, any species of cattle, deer, ostrich, emu or other ratite, or bison raised for commercial production or recreational purposes.
Owner.
Any person having care, custody or control of any animal, or a person who keeps, or who causes or permits to be kept, or who permits an animal to remain on or about property they own, rent, or otherwise control for a period of 4 days.
Pet.
Any animal kept for pleasure rather than utility. The term includes dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet. The term does not include: skunks, non-human primates, non-indigenous snakes (including but not limited to boas, pythons, anacondas or other constrictors over four (4) feet in length), or any other species of wild, exotic, or carnivorous animal.
Protective custody.
The holding of an animal in the town shelter or holding pen due to arrest, eviction, hospitalization, or death of the owner or harborer of the animal or at the request of a law enforcement agency.
Restrained.
Securely caged, or secured by a leash, lead or bridle and under the effective control of a responsible person and obedient to that person’s commands; or within the confines of an animal owner’s home or property which is fully enclosed by a secure fence.
Sanitary.
A condition of good order and cleanliness which precludes the likelihood of disease transmission and infection.
Shelter.
A structure that provides cover and protection from the weather or danger.
Stray animal.
Any animal for which there is no identifiable owner.
Tether.
To tie or chain an animal to a stationary object as a means of restraint.
Vaccinated.
Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a licensed veterinarian in accordance with department of state health services rules.
Vaccination certificate.
The certificate issued by a licensed veterinarian on a form approved by the department of state health services.
Veterinarian.
A veterinarian licensed by the state board of veterinary medical examiners.
Veterinary hospital.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals.
Wild animal.
An animal which is not naturally tame or gentle, but is of a wild nature or disposition; or which, because of its size, vicious nature, or other characteristics would constitute a danger to human life, other animals, or property if not kept or maintained in a safe manner or in secure quarters. Wild animals include all game and nongame animals as defined by the Texas Parks and Wildlife Department, as well as animals defined as dangerous wild animals in chapter 822 of the Texas Health and Safety Code.
Windbreak.
Barriers or structures consisting of, but not limited to, trees, shrubs, perennial or annual crops and grasses, fences, or other materials sufficient to block, reduce, or redirect wind.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.101; Ordinance 21-05 adopted 4/12/2021)
An offense under this chapter is punishable by a fine not exceeding two thousand dollars ($2,000.00) except as otherwise set forth in section 1.01.009 hereof.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.601)
(a) 
Office established; designation as local rabies control authority.
There is hereby established the office of animal control officer for the town, who shall be appointed by the town manager or their designee. The animal control officer shall assume the responsibilities of the local rabies control authority designated by the town under state law and town ordinances to receive reports of animal bites, investigate bite reports, ensure quarantine of possible rabid animals and otherwise carry out the provisions of state law pertaining to animal control and eradication of rabies.
(b) 
Training.
The animal control officer shall meet the standards adopted by the department of state health services for the training of animal control officers and other animal shelter personnel as to animal health and disease control, humane care and treatment of animals, control of animals in an animal shelter, and transportation of animals.
(c) 
Duties.
(1) 
It shall be the duty of the animal control officer to administer and enforce all state laws and town ordinances which regulate animals, and to issue citations for violations. The animal control officer shall supervise the operation of the town animal shelter.
(2) 
The animal control officer shall provide to the town manager or their designee a monthly report of all dogs and cats received into the animal shelter, all dogs and cats redeemed, all adoptions, and all animals destroyed.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, secs. 2-102–2.104)
The animal control officer shall have the right of entry onto private property to apprehend dogs, cats, livestock or wild animals for violations of this chapter. The animal control officer may apprehend any and all unsecure dogs, cats, livestock, or wild animals.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.106; Ordinance 21-05 adopted 4/12/2021)
It is unlawful for a person to remove, alter, damage, or otherwise tamper with a trap or other equipment placed or used by the animal control officer.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.107)
(a) 
The animal control officer, the officer’s designee, or a peace officer is authorized to impound animals in accordance with state law.
(1) 
The animal control officer or peace officer may impound an animal under any of the following circumstances:
(A) 
The animal is not restrained or kept enclosed on the owner's property as required by this article.
(B) 
The animal has rabies or visible symptoms thereof.
(C) 
The animal has attacked an animal or person within the town.
(D) 
A warrant to seize the animal has been issued.
(E) 
Any animal removed from a vehicle or restraint under section 3.03.008.
(F) 
To provide protective custody of the animal under the following circumstances:
(i) 
When the animal's owner has been displaced by fire, flood, or other disaster;
(ii) 
When the animal's owner has been arrested, evicted, or hospitalized.
(2) 
To the extent allowable by state law, the owner of an impounded animal may redeem it by presenting proof of ownership and paying applicable impound and boarding fees.
(3) 
Animals impounded by the town that have no rabies or ID tag on their collar, microchip, or other identification and are not claimed within four days after the day of impoundment become the property of the town.
(4) 
Animals with a known owner who fails or refuses to claim them within ten days after the day of impoundment become the property of the town.
(b) 
Animals that become property of the town, severely injured animals found at-large, or suffering animals unlikely to recover as determined by a licensed veterinarian, may be humanely destroyed with state law.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.108; Ordinance 21-05 adopted 4/12/2021; Ordinance 21-05 adopted 4/12/2021)
The keeping of any animal in accordance with the provisions of this chapter shall not be construed to authorize the keeping of the animal in violation of the zoning ordinance or any other ordinance of the town.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.401)
(a) 
A person that lawfully owns or keeps wild animals, bees, or livestock as of the date this chapter is adopted may continue to do so as a nonconforming use until the nonconforming use is discontinued. The person may continue the nonconforming use without complying with this chapter, so long as the person complies with chapter 2 of the town code [the 2006 Code of Ordinances] as it exists on the date this chapter is adopted, and with all other applicable state laws, ordinances, and regulations. The version of chapter 2 in effect as of the date this chapter is adopted continues in effect as a nonconforming use, notwithstanding its repeal. A nonconforming use must meet the requirements of this section.
(b) 
The property boundaries of a nonconforming use may not be expanded upon beyond the use’s boundaries as of the date this chapter is adopted.
(c) 
The existing structures of a nonconforming use may not be extensively modified or changed except for routine maintenance and repair or if there is a need to provide for the health and security of the animals and/or the public.
(d) 
A nonconforming use is not transferrable to another property or owner.
(e) 
A nonconforming use is discontinued if the use ceases for a period of six months.
(Ordinance 15-12 adopted 5/23/16; 2006 Code, sec. 2.402)