For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Abandoned animal.
An animal that has been left on or about an unoccupied public or private property, premises, or location and/or occupied public property, with the intent to no longer claim ownership or provide humane care of such animal(s), or leaving an animal in the care of another person without their consent.
Adequate shelter.
A structurally sound, moisture-proof and wind-proof shelter large enough to enable the animal or fowl to move freely, having enclosed walls or sides, a doorway of such size the animal can enter, a roof, and a solid level floor, to which the animal may seek refuge from moisture, wind and excessive heat or cold, and maintained in a clean, sanitary and healthy manner so that the animal or fowl need not stand, sit or lie in excrement.
Advisory committee.
The advisory committee composed of at least one (1) licensed veterinarian, one (1) city official, one (1) person whose duties include the daily operation of an animal shelter, one (1) representative from an animal welfare organization or humane society, two (2) city council members, and three (3) citizens.
Animal.
A non-plant living being belonging to the animal kingdom, having a capacity for spontaneous movement and rapid motor response to stimulation, and not of a species having a capacity for articulate speech.
Animal control officer.
Any person designated by the city as an employee who is authorized and qualified to perform animal control duties under the laws of the city.
Animal shelter.
Any facility operated by a humane society or the city or its authorized agents or contracting facility for the purpose of impounding or caring for animals held under the authority of this chapter.
At large.
Off the premises of the owner and not under the complete control, either by leash, cord, chain, or similar method of physical restraint, of a person having charge of the animal, or on the premises of the owner and neither confined to the premises by means of a leash, cord, chain, or enclosure, nor within the direct, constant, and immediate presence of a person having effective verbal command of the animal.
Auction.
Any place or facility, at a location properly zoned for that activity, where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this section. This definition does not apply to individual sales of animals by owners.
Circus.
A commercial variety show, at a location properly zoned for that activity, featuring animal acts for public entertainment.
Clear provocation.
A hit, kick, or strike to an animal by a person with any object or part of a person’s body; or the pulling, pinching, or squeezing of any part of an animal’s body by a person; or entry by a person into a pen or other similar enclosure in which the animal was being kept that was specifically designed and reasonably certain to prevent the animal from leaving the pen or enclosure on its own.
Confined.
To restrict or secure an untethered animal to a building, structure or other enclosure from which reasonably it cannot escape.
Dangerous animal.
An animal that:
(1) 
Without provocation attacks a person or domestic animal and causes physical injury or death, if the attack occurs in a place other than an enclosure in which the animal was being kept by its owner;
(2) 
Without provocation behaves in such an aggressive manner that would cause a reasonable person to be in imminent fear that such animal will attack and cause physical injury or death to a person or domestic animal;
(3) 
Has previously been declared to be a dangerous animal by a final order under this chapter; or
(4) 
Is a “dangerous dog” within the meaning of Texas Health & Safety Code ch. 822, if such animal is a dog.
Designee.
When with reference to the chief of police, any person or entity authorized to exercise any authority assigned to the chief of police.
Domestic animal.
An animal that is domesticated or kept in captivity, such as for a pet or for farm produce, rather than living in a wild or feral state.
Feral animal.
An animal that is wild, untamed, or has no ascertainable owner. It shall be presumed, that a cat or dog not bearing a current license tag or microchip, has no ascertainable owner and is feral.
Fowl.
A bird of any kind.
Guard dog or attack dog.
Any dog trained to attack intruders that has completed such professional training and is so certified such that its attack can be stopped on command and is registered with the city as such.
Harboring.
To give shelter, food, or water.
High-risk animal.
An animal that has a high probability of transmitting rabies, such as, but not limited to, bats, skunks, raccoons, coyotes, and foxes.
Humane society.
An organization regarded as nonprofit founded for the prevention of cruelty to animals and education of the public.
Kennel.
Any premises, at a location properly zoned for that activity, wherein any person engages in the business of boarding, breeding, buying, letting for hire or selling dogs and cats. Kennel can also refer to a temporary enclosure for a confined animal.
Licensing authority.
The city, acting through its license or permit department, authorized veterinarians and animal control division.
Livestock.
Domestic animals raised for food and fiber such as hogs, sheep, cattle, and horses.
Livestock management facility.
Any on-farm breeding operation, on-farm animal feeding operation, on-farm livestock shelter, or on-farm milking and accompanying milk handling operation.
Local rabies control authority.
Any state-certified animal control officer employed by the city.
Low-risk animal.
An animal that has a low probability of transmitting rabies, such as, but not limited to, rats, mice, squirrels and other members of the Rodentia family, rabbits, armadillos, opossums, beaver, nutria, snakes, shrews and moles.
Maintain.
To feed, shelter, protect, provide for, or bear the expense of.
Owner.
Is any person, firm, association, partnership, or corporation owning, keeping, in charge of, in control of, or harboring one or more animals. Owner also means a person who has an animal in his care, or permits or allows an animal to remain on/or about his property for (3) three or more consecutive days.
Performing animal exhibition.
Any spectacle, display, act or event other than a circus, at a location properly zoned for that activity, in which performing animals are used.
Pet shop.
Any person, firm, partnership, or corporation conducting a business at a properly zoned location, whether operated separately or in connection with another business enterprise other than a kennel, that buys, sells, or boards any animal.
Provocation.
The act of purposely stimulating, inciting, agitating or disturbing an animal.
Public nuisance.
Any animal which:
(1) 
Molests passing vehicles.
(2) 
Trespasses on school grounds.
(3) 
Is repeatedly at large.
(4) 
Barks, whines or howls in an excessive, continuous or untimely fashion.
Residence.
A house, apartment, room, or duplex inhabited as the principal dwelling place of a person or persons.
Residential building.
A structure or building designed, constructed, or converted for use as a residence.
Riding school or stable.
Any place, at a location properly zoned for that activity, which has available for hire, boarding and/or riding instruction any horse, pony, donkey, mule or burro.
Secure enclosure.
Any structure used to immediately restrict or confine an animal to a limited amount of space, including, but not limited to, a cage, pen, run, room, or hutch, and approved by the animal control division.
Steel jaw trap.
Any steel, spring setting, mechanical jaw, leg-hold trap or bar device trap designed for the capture of animals.
Sterilization.
The surgical procedure which renders the animal incapable of reproducing its own kind.
Stray.
Is an animal running at large and without an ascertainable owner. It is a rebuttable presumption that a cat or dog without identification has no ascertainable owner.
Swine.
Any of the ungulate mammals of the family Suidae, including the pig, hog, boar and the Vietnamese pot-bellied pig.
Trap.
Any device placed by city animal control personnel, employed or used in the capture of animals, which is not under the constant supervision of an employee and which functions in such a manner as to confine any animal entering the same.
Veterinarian.
A person trained in and licensed by the state to practice the branch of medicine dealing with the investigation, treatment, and prevention of diseases in animals.
Wild animal.
Any nondomestic creature (mammal, amphibian, reptile, arachnid, or fowl) which is of a species that is wild by nature and which can normally be found in the wild state and which is not naturally tame or gentle, but is of a wild nature or disposition; or which, because of its size, vicious nature and other characteristics, would constitute a danger to human life or property, if not kept or maintained in a safe and secure manner. Such creatures include but are not limited to all forms of poisonous reptiles and nonpoisonous snakes which will exceed a length of six feet when mature and nonhuman primates. Excluded from this definition are hamsters, gerbils, ferrets, domesticated breeds of rabbits, guinea pigs, rats, mice, newts and salamanders.
Zoological park.
Any facility, at a location properly zoned for that activity, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animals, operated by a person.
(Ordinance 2009-10-05 601, sec. 1(A), adopted 10/5/09; Ordinance adopting Code)
The city council by resolution or as part of the annual budget shall approve a list of fees and all fees shall be charged as set out in this chapter and as set forth in the fee schedule in appendix A of this code.
(Ordinance 2009-10-05 601, sec. 1(B), adopted 10/5/09; Ordinance adopting Code)
This chapter establishes the animal control division and functions, duties, and conduct of employees.
(1) 
In order to protect the public health and effectively control, regulate, and provide for animals within the city, there is hereafter created the division of animal control, within the city police department. Said division shall consist of the administrative officer of animal control and such other personnel as shall be assigned by the chief of police.
(2) 
The animal control division shall enforce all laws and ordinances in the city pertaining to the licensing, registration, keeping, treatment, impounding, and regulation of animals within the city. In every case and instance wherein the keeping of or the existence of animals presents a health hazard, or threat to the public health, the animal control division shall have concurrent jurisdiction with the county health department.
(3) 
The administrative officer of animal control shall manage the city’s animal shelter, or the city may contract with one or more private entities for the purpose of operating a shelter. The administrative officer shall keep such records and make such reports concerning the activities of the division of animal control as may be required by ordinance, the chief of police, the animal control officer, or by the city council.
(4) 
It shall be the duty of the members of the division of animal control to enforce the ordinances of the city applicable to domesticated and wild animals, to conduct themselves in a proper and law-abiding manner, and to avoid the use of unnecessary force on animals in the possession or control of the division of animal control.
(5) 
For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control person or police officer is empowered, at all reasonable times and upon presentation of appropriate credentials, to enter upon any premises upon which the animal is kept or harbored and to demand the exhibition by the owner of a dog or cat the certificate of vaccination and registration for such dog or cat. It is further provided that any employee may enter, at all reasonable times and upon the presentation of proper credentials, the premises where an animal is kept in an allegedly cruel or inhumane manner and demand to examine and impound the animal when, in his or her opinion, humane treatment is required. No employee, however, may enter a private residence for purposes of making an inspection under this chapter without first receiving permission from a lawful adult occupant of such residence or being authorized to inspect such residence by a magistrate or by order of a court of competent jurisdiction upon showing of a probable violation of this chapter.
(6) 
No person shall interfere with or hinder any employee in the performance of his or her duty.
(7) 
The animal control officer will maintain a monthly report of the total number of animals impounded, the total number redeemed, the total number euthanized, and the number remaining in the pound.
(Ordinance 2009-10-05 601, sec. 1(C), adopted 10/5/09)
(a) 
Disposal of diseased animals and fowl.
It shall be the duty of every person keeping or maintaining any animal or fowl which becomes infected or afflicted with a disease which is contagious or a threat to the life and health of other such animals or fowl, or to humans, to humanely destroy the animal or fowl and dispose of its remains when directed, and as directed, by an officer of the county health department.
(b) 
Disposal of dead animals and fowl.
Except for animals and fowl kept by veterinarians or persons engaged in medical or scientific research, and those mounted by a taxidermist, dead animals and fowl shall be disposed of within 24 hours of the time of death. The manner in which dead animals and fowl are disposed of shall, at minimum, comply with the established regulations of the county health department and applicable state laws and regulations.
(c) 
Disposal on public property prohibited.
It shall be unlawful for any person to dispose of any dead animal or fowl upon public property within the city. Public property shall include, but not be limited to, streets, alleys, parks, trash cans, dumpsters, buildings, and grounds owned, operated, or rented by any level of government, school property, and drainage channels maintained by the city.
(Ordinance 2009-10-05 601, sec. 1(D), adopted 10/5/09)
(a) 
Maintaining sanitary conditions on public property.
It shall be unlawful for any owner or custodian of any animal to cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods:
(1) 
Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and
(2) 
Removal of such bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law.
(b) 
Maintaining sanitary conditions on private property.
It shall be unlawful for any person owning, harboring or keeping an animal within the city to permit any waste matter from the animal to collect and remain on the property of the owner or custodian, or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner’s or custodian’s property, or to abutting property of others.
(Ordinance D19-02 adopted 2/21/19)
(a) 
It shall be unlawful for any person to ride a horse or any animal on any of the premises of any park owned and operated by the city unless such animal is ridden in or on the bridle paths which are so designated for the riding of animals or any other area plainly marked as an area designated for the riding of such animals.
(b) 
It shall be unlawful for any person to operate any animal-drawn vehicle on any of the premises of any park owned and operated by the city including streets and bridle paths unless specifically designed and marked for such operations.
(c) 
(1) 
A riding animal or animal for drawing vehicles may be kept at a private residence for the purpose of immediate recreation for not more than eight hours in any 24-hour period. If the animal is stabled in the city, it must have a permanent place for stabling of ten acres or more than the private residence.
(2) 
The provisions of subsection (c)(1) of this section shall not apply to city-approved riding stables.
(d) 
Commercial enterprises of the type described herein such as rented bridle carriages or pony rides must be licensed to operate in the city or obtain a permit at city hall a minimum of seven days prior to the event.
(e) 
In all activities involving animals covered in this section, the provisions of this chapter apply.
(Ordinance 2009-10-05 601, sec. 1(F), adopted 10/5/09)
(a) 
No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
(b) 
All equipment used on a performing animal shall fit properly and be in good working condition.
(Ordinance 2009-10-05 601, sec. 1(G), adopted 10/5/09)
The owner of an animal or the proprietor/manager of an establishment where food items are sold or offered for sale, for consumption on or off the premises, commits an offense if he permits an animal to enter or remain in such food establishment. This section shall not apply to Seeing Eye assisting dogs under the control of a disabled person, or police dogs.
(Ordinance 2009-10-05 601, sec. 1(H), adopted 10/5/09)
The driver of any vehicle which collides with or strikes any domesticated animal shall stop such vehicle immediately at the scene of such accident, or as close as possible without interfering with traffic, render reasonable assistance to the animal and then and there either locate and notify the owner of the animal or report the accident and the injury to the department of animal control or the police department. An injured animal may be delivered to its owner, a veterinarian, animal control personnel, or an animal shelter. If no owner of the animal can be located, the animal shall be humanely destroyed by animal control personnel or by a police officer. The provisions of this section shall not apply to any emergency vehicle or to a driver taking an ill or injured person to medical care, nor shall it require assistance to an animal if providing such assistance would place any person in danger from the animal or traffic.
(Ordinance 2009-10-05 601, sec. 1(J), adopted 10/5/09)