(a)
Generally.
It shall be unlawful to keep, shelter, or
enclose any animal within any residential building which is not occupied
as a residence of a person.
(b)
Abandonment of animals.
It shall be unlawful for any
owner or custodian of any animal to willfully abandon such animal
on any street, road, highway or public place, or on private property
when not in the care of another person.
(c)
Unsupervised animals.
If an animal control officer determines
that an animal is or will be without proper care because of the owner’s
injury, illness, incarceration or other involuntary absence, the animal
control officer may impound such animal until reclaimed by its owner.
The owner is responsible for all costs associated with the impoundment
and must pay all costs before the animal is released. If the animal
is not reclaimed by the owner within five days from the date of impoundment,
the animal shall become the property of the city.
(Ordinance D19-02 adopted 2/21/19)
(a)
Wild
animals, as defined in this chapter, are presumed to be dangerous
animals unless and until a court of competent jurisdiction declares
otherwise.
(b)
It
shall be unlawful for any person to maintain, keep, or possess a wild
animal, as per the 71st Legislature Regular Session 1989, House Bill
1687.
(c)
The provisions of subsection (b) of this section shall not apply to the following:
(1)
Veterinarians keeping animals at the veterinarian’s regular place of business during periods of time the animals or fowl are being treated for disease or injury, or observed in the course of such treatment. Nor shall the provisions of subsection (b) of this section apply to citizens caring for animals or fowl under a veterinarian’s care and supervision for the purpose of treatment or care.
(2)
Animals kept, maintained, and used in the course of scientific research
at an established business location or under conditions approved by
the department of animal control.
(3)
Circuses, traveling shows, zoos, and auction barns operating under
permit or sanction of the city.
(4)
Animals or fowl, such as baby chickens, hares, pigeons, and ducks,
kept at an established place of business dealing in farm and ranch
supplies and which animals or fowl are domesticated and marketable
for human consumption; provided that the animals or fowl are kept
and maintained in an enclosure which is dry, sanitary, cleaned regularly
and free of accumulations of odor-causing debris and fecal matter.
(5)
The provisions of this section shall not apply to animals, fowl,
and bees kept and maintained on land for agricultural use, provided
the land is in a tract of ten acres or more and the animals or fowl
are not kept within a distance of 250 feet from the residence of any
person not the owner of such animals or fowl.
(Ordinance 2009-10-05 601, sec.
3(B), adopted 10/5/09; Ordinance
adopting Code)
(a)
It
shall be unlawful for any person to stable or keep any animal or fowl
in the city limits in such a manner that such animal by stamping,
kicking, braying, bleating, barking, yelping, neighing, crowing, or
making any other utterance or disturbance creates such a noise as
shall be a disturbance to those living in the vicinity.
(c)
It
shall be the duty of the animal control personnel or police officer
to file a complaint to cause the nuisance to be abated.
(d)
An
owner shall exercise proper care and control of his animals to prevent
them from becoming a public nuisance.
(e)
Individuals
have the right to file a complaint regardless of verification.
(Ordinance 2009-10-05 601, sec.
3(C), adopted 10/5/09; Ordinance
adopting Code)
(a)
Confinement in vehicle or trailer.
(1)
It shall be unlawful for any person having the charge or custody
of an animal, as owner or otherwise, to place or confine such animal
or allow such animal to be placed or confined or to remain in a motor
vehicle or trailer under such conditions for such period of time as
may endanger the health or well-being of such animal due to heat,
lack of food or water, or such circumstances as may reasonably be
expected to cause suffering, disability, or death.
(2)
The animal control officer is authorized to instruct any animal control
personnel or police officer finding an animal in a motor vehicle or
trailer in violation of this section to obtain a locksmith at the
owner’s expense, or break and enter the vehicle or trailer if
necessary, to remove the animal.
(b)
Mistreatment of animals or fowl.
(1)
No person, other than a licensed veterinarian, shall crop a dog’s
ears.
(2)
Chickens or ducklings younger than eight weeks of age may be sold
within the corporate limits of the city; provided, however, that no
chickens or ducklings younger than eight weeks may be sold if the
natural coloring has been altered by artificial coloring.
(3)
No person shall give away any live animal, fish, reptile, or bird
as a prize for or an inducement to enter any contest, game, or other
competition, or as an inducement to enter a place of amusement, or
offer such as listed above for an incentive to enter any business
agreement whereby the offer was for the purpose of attracting trade.
(Ordinance 2009-10-05 601, sec.
3(D), adopted 10/5/09)
