[1]
Editor's note—Ordinance 181A, adopted June 15, 1992, repealed Art II in its entirety. Former Art. II pertained to similar subject matter and derived from Ordinance 181, secs. I-IV, VI, VII and Ordinance 219, secs. 1-4, adopted June 15, 1987.
For the purposes of this article the following terms shall have the meanings indicated:
Adult domestic animal.
Any cat or dog over the age of four (4) months.
Animal.
Any warm blooded animal.
Animal control officer.
A person or persons in the City of El Lago designated or contracted for the control and enforcement of this article. Police officers of the city are authorized to act as or for the animal control officer.
City pound.
Any premises designated by the city council and conforming to state standards to be used for the impoundment of domestic animals found at large to be used for the impoundment of domestic animals found at large or the quarantine of animals known or suspected of being rabid.
Dangerous and/or vicious animals.
Any animal that constitutes a physical threat to humans or other domestic animals.
Dangerous dog.
A dog that: 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; or, commits an unprovoked act 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 that act causes a person to reasonably believe that the dog will attack and cause bodily injury.
Dog.
A domesticated animal that is a member of the canine family.
Domestic animal at large.
The going upon public or private property, other than the fenced property of the owner or the keeper of the animal, by an animal without the owner or person in charge thereof having direct physical control over such animal. Direct physical control may include the use of a restraining device but, if a restraining device is the sole means by which the owner or keeper maintains direct physical control over such an animal, such restraining device must be sixteen (16) feet or less in length.
Domestic animal.
A cat or dog.
Humane manner.
Care of the animal to include, but not limited to, ventilation and sanitary shelter, wholesome food and water, consistent with normal requirements and feeding habits of the animal’s size, species and breed.
Licensed veterinarian.
A veterinarian licensed to practice veterinary medicine in one (1) or more of the fifty (50) states.
Nuisance.
A domestic animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the owner’s or on public walks, streets, and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes a disturbance by excessive barking or other noise making; or chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property, or on private property other than that of its owner.
Owner or custodian.
Individual, corporation, agency, association, or other legal entity keeping or harboring an animal, bird, or reptile.
Quarantine.
Strict confinement under restraint by closed cage or paddock that meets state facility requirements.
Rabies.
An acute viral disease of man and animal affecting the central nervous system and usually transmitted by a bite.
Secure enclosure.
A fenced area or structure that is: locked; capable of preventing the entry of the general public, including children; capable of preventing the escape or release of a dog; clearly marked as containing a dangerous dog; and, in conformance with the requirements for such enclosures established in all relative city and county regulations.
Wild animal.
Any warm-blooded animal not a cat or dog.
(Ordinance 181A adopted 6/15/92; Ordinance 181B adopted 1/14/93; Ordinance 481 adopted 11/3/21)
(a) 
Violation provisions, generally.
No owner or keeper of any domestic animal shall permit or allow such domestic animal to run at-large within the limits of the city. The owner or keeper of any domestic animal running at-large shall be in violation of this article.
(b) 
At large; unattended in vehicle.
Unattended domestic animal in open vehicles shall be considered at large unless restrained in a manner which will not cause injury to a third party and will prevent the animal from reaching the outside of the vehicle.
(c) 
Domestic animals at large on private property.
Any domestic animal found at large upon private property other than the property of its owner or keeper may be taken up by the person upon whose private property the animal is at large and delivered to the humane officer.
(Ordinance 181A, sec. I, adopted 6/15/92; Ordinance 481 adopted 11/3/21)
It shall be unlawful for any person to harbor or have custody of more than four (4) adult domestic animals in any one (1) household within the city. Dogs and cats under the age of four (4) months are specifically excluded from the provisions of this section, but subject to confinement under the provisions of Section 3-19(g)(1). The provisions of this section shall not apply to any person who on the effective date of this article is harboring or has custody of no more than three (3) adult dogs and three (3) adult cats in one (1) household within the city, but all other provisions of this article, including the provisions of Section 3-19 herein, shall apply to such person and household.
(Ordinance 181A, sec. II, adopted 6/15/92; Ordinance 481 adopted 11/3/21)
(a) 
All domestic animals four (4) months of age and over being kept or harbored within the city shall be licensed. No license will be issued without presentation to the city secretary or her designee of a current certificate of vaccination made by a licensed veterinarian.
(b) 
A city license is valid from January 1st through December 31st of the year issued.
(c) 
License fees for domestic animals may be reviewed and reset annually by the city council.
(d) 
City licenses for adult domestic animals will be issued to the owner upon presentation to the city secretary of written certification from a licensed veterinarian that the cat or dog has been vaccinated for rabies and the completion of an application form giving the name and address of the owner or custodian, the name, breed, markings and sex of the domestic animal being licensed, and payment of a license fee.
(e) 
The city secretary shall keep a permanent record per the city records retention policy of all licenses issued under the provisions of this article showing the name and address of the owner or person issued the license, the number of the tag issued, the date issued, amount paid, description of the animal, and date of the rabies vaccination.
(f) 
Domestic animals being kept or harbored within the city shall have at all times their rabies vaccination tag and city license tag securely attached to a collar or other device on or about such animal.
(g) 
Licensing provisions shall not apply to the following domestic animals:
(1) 
Domestic animals under the age of four (4) months provided they are kept within a sufficient enclosure and not allowed to roam at-large.
(2) 
Domestic animals owned by or in the custody of persons traveling through or temporarily visiting the city for a period not to exceed thirty (30) days.
(Ordinance 181A, sec. III, adopted 6/15/92; Ordinance 481 adopted 11/3/21)
(a) 
No person shall intentionally kill, cut, maim, injure, or harm, in any manner, any animal, bird or reptile within the city unless such actions are conducted in defense against an attack by said animal, bird or reptile upon a person or persons.
(b) 
It shall be unlawful for any person, firm, or corporation to harbor or maintain within the corporate limits of the city any animal in other than a humane manner as defined herein.
(Ordinance 181A, sec. IV, adopted 6/15/92; Ordinance 481 adopted 11/3/21)
(a) 
It shall be the duty of the animal control officer or his deputy while on duty to seize and impound, subject to the provisions of this article, any domestic animal found at large within the corporate limits of the city.
(b) 
It shall be unlawful for any person to interfere with, hinder, or molest the animal control officer in the performance of any duty as herein described.
(c) 
The animal control officer or his deputies upon receiving any domestic animal at the impoundment area shall make a complete record, entering the breed, color and sex of such animal and whether licensed and the place and time of impoundment. If licensed, the officer shall enter the name and address of the owner and the number of the license tag. The animal control officer may also check for an imbedded pet ID microchip to determine the owner. Licensed animals shall be kept separated from unlicensed animals and notification to the owner shall be made within twenty-four (24) hours.
(d) 
Seizure by private citizen of animals subject to impoundment. Any person may take up and deliver to the animal control officer any animal which is required to be impounded by the animal control officer under the provisions of this article if the domestic animal’s owner is not present. Any animal found trespassing or at large upon any private property may be taken up by the owner of such property and delivered to the animal control officer. Every such person who takes up any animal under the provisions of this article shall immediately thereafter give notice thereof to the animal control officer. The animal control officer shall thereupon proceed in his duties as though such animal had been found at large and impounded by him.
(e) 
The owner of any licensed domestic animal impounded may redeem such animal at any time after it first comes under control of the animal control officer and prior to sale or destruction by the payment of impounding and boarding fees as established by city council.
(f) 
The owner of any unlicensed dog or cat impounded may redeem such animal at any time after it first comes under control of the animal control officer and prior to disposition or destruction by having such animal duly licensed, vaccinated against rabies, and paying the impoundment fee plus the boarding fee.
(g) 
It shall be the duty of the animal control officer to keep all unclaimed licensed domestic animals for a period of seven (7) days from the date of impoundment. If, at the expiration of said period of time and after reasonable efforts to notify owner or custodian of such animal, and if such animal has not been redeemed by the owner or custodian, if determinable, it shall be destroyed, or disposed of as herein provided.
(h) 
It shall be the duty of the animal control officer to keep all unclaimed unlicensed domestic animals for a period of seven (7) days. If, at the expiration of said period of time, and after reasonable efforts to notify owner or custodian, if determinable, such domestic animal has not been redeemed, it shall be destroyed or disposed of as herein provided.
(i) 
All domestic animals impounded and not redeemed or reclaimed after the period of time for redemption has expired, may without further notice be destroyed in the most practicable humane manner by the animal control officer at the owner’s expense.
(j) 
The animal control officer shall keep necessary records to show in detail the disposition of all animals impounded and the money collected by him and such other records as may be required by the city secretary. All moneys collected shall be delivered to the city secretary who will deposit same in the general fund of the city.
(k) 
The animal control officer shall file such reports as are required by the city secretary.
(l) 
If any domestic animal within the city shall bite, scratch, or otherwise attack any person who was not at the time trespassing upon the property of the owner or custodian of such domestic animal, the municipal court of the city shall have the authority to order and hold a hearing, and if such court shall determine at such hearing that such domestic animal is vicious or dangerous to persons or other animals, the court may order that such domestic animal be kept muzzled, or kept within a sufficient enclosure, or be delivered to the animal control officer and by said officer destroyed.
(m) 
Any person who keeps, harbors, feeds, or shelters any stray domestic animal on the person’s property for three (3) or more days without notifying the city shall be deemed the owner or custodian of said animal as defined herein.
(n) 
The animal control officer, his deputies and city police officers are hereby authorized to enter upon any open lot, tract or parcel of land, private or public, for the purpose of seizing and impounding any animal running at large thereon.
(o) 
The city council shall select and/or establish a facility meeting state requirement for impounding animals found running at-large in violation of this chapter.
(Ordinance 181A, sec. V, adopted 6/15/92; Ordinance 481 adopted 11/3/21)
(a) 
Pursuant to the provisions of Section 826.017 of the Health and Safety Code of the state, the animal control officer is hereby designated to act as the local health authority for the purposes of rabies control.
(b) 
No wild animal including but not limited to skunks or raccoons shall be kept or harbored within the corporate limits of the city since such animals cannot validly be vaccinated against rabies and as such constitute a threat to public health.
(c) 
No wild animal capable of transmitting rabies including but not limited to skunks or raccoons, shall be fed within the corporate limits of the city. This prohibition shall include the intentional leaving of food so that it might later be consumed by such wild animal. The prohibition contained in this subsection shall not apply to the feeding of birds by means of a bird feeder, bird bath, or other similar device.
(d) 
The animal control officer shall have the right, at any reasonable time, to inspect any domestic animal within the city to determine whether or not that animal is licensed by the city, or in the case of transient animals that said animal is vaccinated against rabies as required by both the city and the state.
(e) 
Every animal which bites a person shall be promptly reported to the animal control officer and shall thereupon be securely quarantined at the direction of the animal control officer for a period of ten (10) days (minimum of two hundred forty (240) hours from the time of the bite) and shall not be released from such quarantine except by written permission of the animal control officer; when such quarantine involves a domestic animal, it may be conducted on the premises of the owner, if the owner of said animal can display a valid rabies vaccination certificate issued showing effectiveness covering the time period of the biting incident, or, at owner’s option and expense, at the shelter designated as the city pound or, at the owner’s option and expense, in a veterinary hospital of his choice. In the case of stray animals, or in the cases of animals whose ownership is unknown, such quarantine shall be at the shelter designated as the city pound.
(f) 
In compliance with Section 169.30 Texas Administrative Code, unvaccinated animals that have been bitten by, directly exposed through physical contact with, or directly exposed to the fresh tissues of a rabid animal shall be:
(1) 
Euthanatized; or
(2) 
Immediately vaccinated against rabies, placed in confinement for ninety (90) days, and given booster vaccinations during the third (3rd) and eighth (8th) weeks of confinement; and for young animals, additional vaccinations may be necessary to ensure that the animal receives at least two (2) vaccinations at or after the age prescribed by the United States Department of Agriculture (USDA) for the vaccine administered.
(g) 
In compliance with Section 169.30 Texas Administrative Code, vaccinated animals that have been bitten by, directly exposed through physical contact with, or directly exposed to the fresh tissues of a rabid animal shall be:
(1) 
Euthanatized; or
(2) 
Immediately given a booster rabies vaccination and placed in confinement for forty-five (45) days.
(h) 
The provisions in subsections (f) and (g) in this section apply only to domestic animals for which a USDA-licensed rabies vaccine is available.
(i) 
In situations where none of the requirements of this section are applicable, the recommendations contained in the latest edition of the publication titled Compendium of Animal Rabies Prevention and Control, published by the National Association of State Public Health Veterinarians, should be followed. The administration of a rabies vaccine in a species for which no licensed vaccine is available is at the discretion of the veterinarian; however, an animal receiving a rabies vaccine under these conditions will not be considered to be vaccinated against rabies virus in potential rabies exposure situations.
(j) 
When an animal has been diagnosed as being rabid or is suspected by a licensed veterinarian of being rabid, and dies while under such observation by a veterinarian, or under quarantine, the animal control officer shall immediately send the head of such animal to the state health department of pathological examination, and shall notify the city health officer of reports of human contacts and the diagnosis made of suspected animal.
(k) 
No person shall kill, or cause to killed, any rabid animal or dispose of by burial, incineration or other means, any animal suspected of having been exposed to rabies, or any animal having bitten a human, except as herein provided, nor remove same from the city limits without written permission from the animal control officer or chief of police.
(l) 
The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer or chief of police.
(m) 
The animal control officer or chief of police shall direct the disposition of any animal found to be infected with rabies.
(n) 
No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the animal control officer or chief of police.
(Ordinance 181A, sec. VI, adopted 6/15/92; Ordinance 181C, sec. 2, adopted 7/21/97; Ordinance 481 adopted 11/3/21)
(a) 
Barking and howling dogs.
It shall be unlawful for any person, firm or corporation to keep on his premises or under his control any dog which by loud and frequent barking, howling or baying disturbs the peace, rest, quietude, or comfort of any person of normal nervous sensibilities who may reside within reasonable proximity of the place where such dog is kept.
(b) 
Animals as a nuisance.
It shall be unlawful for any person, firm or corporation harboring or having custody or control of any animal within the corporate limits of the city to allow such animal to cause a nuisance as defined in this chapter.
(Ordinance 181A, sec. VII, adopted 6/15/92; Ordinance 481 adopted 11/3/21)
Unless otherwise provided herein, any violation of any provision of this chapter shall be a class C misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00) and each day such violation continues shall constitute a separate offense.
(Ordinance 181A, sec. VIII, adopted 6/15/92; Ordinance 481 adopted 11/3/21)