Animal.
Any living creature, including, but not limited to, dogs,
cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl
and livestock, but specifically excluding human beings.
Commercial Stable.
A facility where a fee is charged to house, pasture or rent
horses or other livestock.
Dangerous Reptile.
Any reptile that as a result of its physical makeup or nature
is capable of inflicting physical harm or death to human beings or
animals as herein defined. This shall include all constrictors in
excess of six (6) feet in length.
Large Livestock.
Horses of any member of the domesticated horse family, including
but not limited to mules, donkeys and ponies; and all types and varieties
of cattle, bulls and all members of the cow family.
Owner.
Any person, firm or corporation having title to any animal,
or a person who has, harbors or keeps, or who causes or permits to
be harbored or kept, an animal in his care, or who permits an animal
to remain on or about his premises.
Running At Large.
Not completely confined by a building, wall or fence of sufficient
strength or construction to restrain the animal, except when such
animal is either on a leash or held in the hands of the owner or keeper,
or under direct supervision of the owner within the limits of the
owner's private property.
Vicious Animal.
Any individual animal of any species that has on two (2)
previous occasions without provocation attacked or bitten any person
or other animal, or any individual animal which the chief of police
has reason to believe has a dangerous disposition, or any species
of animal which the supervisor has reason to believe has a dangerous
disposition likely to be harmful to humans or other animals.
Wild Animal.
Any poisonous or dangerous reptile or any other animal which
can normally be found in the wild state not normally capable of being
domesticated, including, but not limited to, skunks, foxes, leopards,
panthers, tigers, lions, lynx, unless certified for medical, biological,
herpetological or other scientific research or study.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-1)
Enforcement of this article shall be the responsibility of the
chief of police or any animal control officer. Any animal control
officer shall have the authority to issue citations for any violation
of this article. If the person being cited is not present, the animal
control officer may send the citation to the alleged offender by registered
or certified mail. It shall be unlawful for any person to interfere
with any animal control officer in the performance of his duties.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-2)
(a) It shall be unlawful for any dog or other animal possessed, kept or harbored, other than a cat, to run at large as is defined in Section
2.101 above.
(b) The chief of police is authorized to impound such animals running at large, other than a cat, and may impound a cat under conditions specified in Section
2.105 below, and when he has received a complaint that the cat causes a nuisance or hazard to the health or welfare of human or animal population.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-3)
(a) Vaccination
Required.
All dogs and cats over four (4) months of age
must be vaccinated annually for rabies with an antirabies vaccine
approved by the city health officer and administered by a duly authorized
veterinarian. A metal certificate of vaccination with the year of
vaccination, a certificate number, and the name, address and phone
number of the vaccinating veterinarian, must be securely attached
to a collar or harness that must be worn by the dog or cat at all
times. In addition to the metal certificate, a paper certificate must
be issued stating the name of the owner, the address of the owner,
description of the dog or cat, the date of the vaccination, the number
of the metal certificate and the kind of vaccine used.
(b) When
Registration Required; Certificate.
No owner shall have
within the city any dog or cat four (4) months of age or older unless
such dog or cat is currently registered with animal control. A current
metal registration certificate issued by animal control or a veterinarian
authorized by animal control to issue the certificate, must be affixed
to a collar or harness that must be worn by the dog or cat at all
times. No dog or cat shall be registered until it has a current vaccination.
(c) Application;
Fee.
Application for initial issuance or renewal of each
registration must be made by the owner in writing or in person, and
be accompanied by a fee as set forth in the fee schedule in the appendix
of this code, unless the cat or dog being registered has been neutered
or spayed and proof of such surgical sterilization can be shown to
animal control officer or a veterinarian authorized to issue such
registrations; then the fee will be as set forth in the fee schedule
in the appendix of this code. Dogs and cats under the age of one year
shall be registered at the sterilized fee. Animals may be exempted
from the sterilization provision upon written recommendation from
a veterinarian that such alteration would be harmful or dangerous
to the animal.
(d) Duplicate
Certificate.
If the original current registration certificate
is lost or destroyed, the owner may obtain a duplicate registration
from the chief of police by paying a fee as set forth in the fee schedule
in the appendix of this code.
(e) Renewal
of Registration.
Registration certificates shall be renewed
annually. The registration period will be from January 1 to December
31. Certificates for the new period shall be available for sale at
least thirty (30) days in advance of, and sixty (60) days following,
January 1st and shall constitute a valid registration upon issuance.
Registration and/or vaccination certificates (and tags) shall be valid
only for the animal for which it was originally issued.
(f) Transferal
of Registration.
If there is a change in ownership of
registered dog or cat, the new owner shall have the registration transferred
to his name. There shall be no charge for said transfer. Application
for such transfer shall be made to animal control in writing or in
person.
(g) Fee-Exempt
Registration.
Fee-exempt registrations may be issued
for the following:
(1) Police
or sheriff's department dog; and
(2) Dogs
trained to assist the audio or visually impaired person.
Eligibility for fee-exempt registration does not relieve the
owner of his responsibility under other provisions of this article.
|
(h) Denial
of Registration.
The chief of police may refuse to register
a cat or dog, or revoke a permit issued to any person who has been
convicted in any duly authorized court of jurisdiction in the State
of Texas, or resides with any person so convicted of any of the following:
(1) Cruelty
to animals as defined in the Texas Penal Code, Article 42.11, inhumane
treatment or negligence to an animal; or
(2) Conviction
of four (4) or more separate and distinct violations of an animal
control ordinance of a municipality in the State of Texas within any
twelve month period.
(i) Appeal
After Denial of Registration.
Any person denied such
a registration may appeal the refusal to a committee made up of the
chief of police or his appointed representative, the city manager
or his appointed representative, and the city attorney or his appointed
representative. This committee shall uphold or overturn the chief
of police's refusal to issue a registration certificate.
(j) Guard
Dogs.
Every person having care, control, or custody of
any dog which has received guard dog training must register such dog
with the chief of police. Any dog which has received guard dog training
may be destroyed when such dog is found running at large. The owners
or keepers of guard dogs shall be subject to the other provisions
of this article. An ID collar identifying the dog as a guard dog must
be worn at all times and the dog must wear a muzzle when out of confinement.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-4)
(a) The Following
Animals May be Impounded:
(1) Dogs not exhibiting evidence of being vaccinated or registered, as described in Section
2.104. Cats whose owners do not have evidence of being vaccinated or registered, as described in Section
2.104.
(2) Any
animal infected or kept under conditions which could endanger the
public or animal health.
(3) Any animal that creates a nuisance as defined in Section
2.108.
(4) Any animal running at large as stipulated in Section
2.103.
(5) Any
animal treated in a manner determined by the chief of police to be
cruel or inhumane.
(6) Any
animal that has bitten a human being or needs to be placed under observation
for rabies determination, as determined by an animal control officer.
(7) Any
animal violating any provision of this article.
(b) Owner
of Premises May Confine Animal.
If any of the animals
named in this article are found upon the premises of any person, the
owner or occupant of the premises shall have the right to confine
such animal in a humane manner until he can notify an animal control
officer to come and impound such animal. When so notified, it shall
be the duty of an animal control officer to have such animal impounded
as herein provided.
(c) Contact
of Owner of Animal.
Reasonable effort shall be made by
an animal control officer to contact the owner of any animal impounded
which is wearing a current registration tag; however, final responsibility
for location of an impounded animal is that of the owner.
(d) Redemption
of Impounded Animals.
The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees and any veterinarian bills incurred by animal control for the welfare of the animal, and upon compliance with vaccination and registration provisions of this code, except where prohibited in subsections
(e) and
(f) of this section.
(e) Animals
Impounded Because of Cruel or Inhumane Treatment.
Disposition
of animals impounded on the grounds of cruel or inhumane treatment
shall be determined by the court of jurisdiction.
(f) Quarantined
Animals.
If any animal is being held under quarantine
or observation for rabies, the owner shall not be entitled to possession
until it has been released from quarantine.
(g) Place
of Impoundment.
The city manager shall select and establish
a place for impounding all animals impounded under any provision of
this article.
(h) Vicious
or Wild Animals.
Any impounded vicious or wild animal,
unless there is reason to believe that it has an owner, may be immediately
disposed of as may be deemed appropriate by the chief of police.
(i) Adoption
of Impounded Dogs or Cats.
Any impounded dog or cat may
be adopted from the animal control facility as follows:
(1) Dogs
or cats impounded not wearing a registration tag may be placed for
adoption after seventy-two (72) hours. Dogs or cats wearing a registration
tag may be placed for adoption after seven (7) days. If the rightful
owner appears and claims his dog or cat he may redeem the animal by
paying all fees incurred plus any documented additional cost incurred
by the adoptee.
(2) The
animal control officer shall determine whether a dog or cat is healthy
enough for adoption and if its health and age are adequate for vaccination.
However, such decision shall not constitute a warranty of the health
or age of the animal.
(3) There will be an adoption fee for all dogs and cats at an amount established in Appendix
A to this code. The fee will include the cost of sterilization and vaccination.
(4) All
animals adopted from the animal control facility shall be vaccinated
against rabies, and sterilized before ownership of the animal is transferred
to the adoptee. The adoption fee shall be paid to the city secretary
who shall issue to the adoptee a certificate which the adoptee shall
present to a veterinarian who has previously agreed to accept such
certificates for payment for sterilization of dogs and cats for adoption.
The city secretary shall provide the adoptee with a list of veterinarians
who will accept the certificates. After the veterinarian has certified
that the animal has been sterilized, then title to the animal shall
transfer to the adoptee. If, in the opinion of a licensed veterinarian,
there is a legitimate health risk justifying the delay of this surgery,
the adoptee shall sign a written agreement stating that they will
have the animal sterilized. A person who signs a sterilization agreement
commits an offense if he fails to have the animal sterilized on or
before the sterilization completion date stated in the agreement.
For the purposes of this section, a legitimate health risk cannot
be based solely on the animal’s age.
(A) If an adopted animal dies on or before the sterilization completion
date, the adoptee must provide written documentation to the animal
control officer that the animal has died.
(B) If an adopted animal is lost or stolen before the sterilization date,
the adoptee must provide written documentation to the animal control
officer stating that the animal is lost or stolen and a police report
verifying the report of theft. The letter shall be delivered not later
than the seventh day after the date of the animal’s disappearance
and shall describe the circumstances surrounding the disappearance
and the date of disappearance.
(j) Euthanization
of Certain Animals.
(1) Any
animal, except a vicious or wild animal, not reclaimed by the owner
may be humanely euthanized after being impounded for seventy-two (72)
hours, except that any animal wearing a current registration tag shall
be impounded for six (6) days.
(2) Any
nursing baby animal impounded without the mother, or where the mother
cannot or refuses to provide nutritious milk, may be immediately euthanized
to prevent further suffering.
(3) An
owner who no longer wishes responsibility for an animal, or believes
the animal to be in an ill or injured condition, may sign a written
waiver supplied by animal control allowing the animal to be immediately
euthanized in a humane manner, provided that no warm-blooded animal
that has bitten a human being shall be euthanized before expiration
of the ten day quarantine period.
(4) Any
impounded animal that appears to be suffering from extreme injury
or illness may be euthanized or given to a nonprofit human organization
for the purpose of veterinary medical care, as determined by the chief
of police.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-5; Ordinance 1972 adopted 7/17/08)
(a) Impoundment
fees shall be as set forth in the fee schedule in the appendix of
this code.
(b) A daily
handling fee as set forth in the fee schedule in the appendix of this
code shall be charged for every day, or fraction thereof, that an
animal is at the animal shelter.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-6)
(a) Authority
to Order Quarantine.
The chief of police shall have the
authority to order the quarantine of the animals responsible for bite
incidents or suspected of having any zoonotic disease considered to
be a hazard to the human population or other animals.
(b) When
Animals Shall be Quarantined.
Every animal that bites
a human or attacks another animal in an unnatural manner or has rabies
or any other zoonotic disease or is under suspicion of having rabies
or any other zoonotic disease shall be immediately confined by the
owner, who shall promptly notify animal control or an animal control
officer of the place where such animal is confined and the reason
therefore. The owner shall not permit such animal to come in contact
with any other person or animal. The owner shall surrender possession
of such animal to animal control on demand for supervised quarantine.
Supervised quarantine shall be at the animal shelter or a veterinary
hospital, or lay any other method of adequate confinement approved
by the chief of police. The quarantine shall be for not less than
ten (10) days and shall be under the supervision of a veterinarian,
who shall submit to animal control written reports as to the animal's
health on the initial day of observation on the fifth and tenth days
immediately following the date of said bite incident or above enumerated
purposes of quarantine. A release from quarantine may be issued if
no signs of rabies or other diseases have been observed during the
quarantine period.
(c) Observation
of Animal Other Than at Animal Shelter.
Any animal quarantined
other than at the animal shelter shall be observed by the same veterinarian
throughout the entire required quarantine period in the same manner
as outlined above, and the owner shall immediately notify animal control
as to the veterinarian supervising the quarantine.
(d) Owner's
Responsibility if Animal Quarantined Other Than at Animal Shelter.
If the chief of police orders quarantine other than in the animal
shelter or veterinary hospital, the owner shall be responsible for
confining the animal. He shall also be required to obtain the same
veterinary supervision of the animal and release from quarantine as
required in a veterinary hospital or at the animal shelter.
(e) Violation
of Quarantine.
The violation of quarantine by any person
shall be just cause for seizure and impoundment of the quarantined
animal by animal control. It shall be unlawful for any person to interrupt
the observation period.
(f) Animal
Bites.
All animal bite reports shall be investigated
by animal control. Without permission of the chief of police, it shall
be unlawful for any person to kill or remove from the city limits
any animal that has bitten a person or other animal, or that has been
placed under quarantine, except when it is necessary to kill such
animal to protect the life of any person or other animal. Every animal
that has been bitten by another animal shall be immediately confined
by the owner, who shall promptly notify animal control of the place
where such animal is confined and the reason therefore. The owner
shall not permit such animal to come in contact with any person or
animal.
(g) Animals
Suspected of Having a Disease.
The chief of police shall
direct the disposition of any animal suspected of being rabid or having
any other zoonotic disease considered to be a hazard to any other
animal or human being.
(h) Dead
Animals Exposed to Rabies.
The carcass of any dead animal
exposed to rabies or suspected of having been rabid shall upon demand
be surrendered to animal control.
(i) Live
Animals Exposed to Rabies.
Any animal exposed to rabies
shall be handled in one of the following manners:
(1) Humane
destruction, with notification to, or under supervision of, animal
control.
(2) If
not currently vaccinated, quarantine in a veterinary hospital for
at least six (6) months immediately following the date of the exposure.
(3) If
currently vaccinated, immediate revaccination and quarantine for at
least thirty (30) days immediately following the date of the exposure.
(4) No
person shall fail or refuse to surrender an animal for supervised
quarantine or humane destruction, as required herein for rabies control,
when demand therefore is made by the chief of police.
(5) Any
person having possession of, or responsibility for any quarantined
animal shall immediately notify animal control if such animal escapes
or becomes or appears to become sick or dies and in case of death
of the animal while under quarantine, shall immediately surrender
the dead animal to animal control for diagnostic purposes.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-7)
The following shall be considered a public nuisance and shall
be unlawful:
(1) The keeping
of any animal, which by causing frequent or long continued barking
or noise, shall disturb any person of ordinary sensibilities in the
vicinity.
(2) The keeping
of any animal in such a manner as to endanger the public health, to
annoy neighbors by the accumulation of animal wastes which cause foul
and offensive odors, or are considered to be a hazard to any other
animal or human being, or by continued presence on the premises of
another.
(3) All animal
pens, stables or enclosures in which any animal may be kept or confined
which from use have become offensive to a person of ordinary sensitivities.
(4) The keeping
of bees in such a manner as to deny the lawful use of adjacent property
or endanger personal health and welfare.
(5) Persistent
laxness in supervision of cats or dogs so that their running at large
results in disturbance to persons of ordinary sensibilities.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-8)
(a) It shall
be unlawful to keep any wild animal inside the City of Brownfield.
(b) It shall
be unlawful to release or allow to run at large any wild or vicious
animal or dangerous reptile.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-9)
(a) Destruction
of Vicious Animals Found Running at Large.
Any vicious
animal found running at large may be destroyed by any peace officer
or animal control officer in the interest of public safety.
(b) Chief
of Police May Order Removal, Appeal.
The chief of police may order any owner or person having care, control or custody of any vicious animal or nuisance animal, as defined in Section
2.109 above, to take such animal permanently from the city. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten (10) days to a committee made up of the chief of police or his representative, the city manager or his representative and the city attorney or his representative. Such committee may uphold, reverse or modify the chief of police's order, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. If the committee upholds the chief of police's order, the owner or person having care, control, or custody shall not bring the animal back inside the city limits.
(c) Failure
to Remove.
If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsections
(a) and
(b) above, such animal may be impounded and/or destroyed. The chief of police shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city for being vicious has not been so removed.
(d) Report
of Disposition and Relocation.
The owner or person having
care, custody or control of a vicious animal must report the disposition
and relocation of such animal to the chief of police, in writing,
within ten (10) days after the expiration date for removal of such
animal from the city. Each day thereafter such information is not
provided shall constitute a separate offense.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-10)
(a) Permit
Required.
No person shall conduct the commercial business
of selling, grooming, breeding, showing, exhibiting or boarding of
animals without a valid permit from animal control. It will be presumed
that a commercial business exists where more than two (2) animals
of the same species over three (3) months of age are kept.
(b) Application
for Permit.
Application for permits shall be made to
animal control on forms furnished by animal control. The application
will not be approved until certification has been received from appropriate
city officials that the zoning, construction and facility comply with
existing ordinances for establishments housing such business. If the
permit application is approved by the chief of police, he shall issue
the permit upon payment of the appropriate fee.
(c) Permit
Fees.
The fees shall be as set forth in the fee schedule
in the appendix of this code.
(d) Display
of Permits.
All businesses described in this section
must display the required permits in public view at said business.
(e) Term,
Renewal of Permit.
All permits issued under this section
shall be valid for the following twelve (12) months and shall be renewed
annually thereafter by proper written application and payment of fee.
No permit issued under this section shall be renewed without the approval
of the chief of police. Permits to show or exhibit animals (rodeos,
circuses, shows, etc.) shall be valid only for the thirty day period
immediately following issue. No permit shall be transferable.
(f) Revocation
of Permit; Appeal.
The chief of police may revoke any
permit for failure to comply with regulations contained herein. Revocation
may be appealed within ten (10) days to an administrative appeals
board comprised of the city manager or his representative, the police
chief or his representative and the city attorney or his representative.
(g) Records
Required.
Every person holding a permit hereunder shall
maintain accurate records of all transactions involving animals, which
records shall show the date, type of animal, animal registration number
and parties to such transaction. Such records shall be kept for a
period of one year and must be available for inspection upon request
by animal control.
(h) Compliance
With Regulations Required.
Every person engaged in the
business of buying, selling, grooming, breeding, showing, exhibiting
or boarding of animals, and all persons who conduct animal club shows
must comply with all existing regulations governing said business
or show, and shall maintain said animals in compliance with this code
so as not to endanger the public or animal health or safety, or create
a nuisance. Animal control shall make any inspections necessary to
assure compliance under this article. Animals shall be kept under
sanitary conditions so as not to endanger the public or animal health
or create a nuisance.
(i) Chief
of Police May Waive Requirements Under Certain Circumstances.
In cases involving a scientific or educational program, a nonprofit
organization's show, exhibition or humane activity, or animals owned
by the city, the chief of police may waive requirements of this section
concerning permits, fees or conditions, within his discretion.
(j) Exception.
Licensed veterinarians and veterinary clinics are exempt from
this section.
(k) Permit
Required for Animal Trapping or Poisoning.
Any form of
animal trapping or poisoning without a permit from the chief of police
is prohibited.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-11)
(a) Swine.
Swine may be kept within the city only for the following purposes:
exhibition at stock shows, fairs, circuses, carnivals, on the property
of a vocation school for educational purposes, at any slaughtering
establishment, at stockyards or auction barns for sale.
(b) Cows
and Horses.
It shall be unlawful for any person to keep
a cow or horse on any premises, the overall area of which is less
than one-third (1/3) of an acre for each cow or horse kept, or keep
more than can be cared for under sanitary conditions and not create
a public nuisance and, in no event, exceed the permitted number of
adults, and their foals or calves up to six (6) months of age. The
number of cows or horses permitted shall not exceed one adult per
one-third (1/3) acre for the first acre, and two (2) adults, per acre
for each additional acre over two (2) acres of a single tract of land.
The persons in lawful possession of the premises, as owner or tenant,
may keep thereon cows or horses belonging to others, but the limitation
as to the number of cows or horses on the premises and the area and
distance requirements of this article shall still apply and the keeping
of cows or horses on the premises and the area and distance in violation
of the zoning ordinance.
(c) Enclosures
for Small Livestock.
Any enclosure, pen, corral or other
restrictive areas for small livestock shall consist of a solid wall
stretching from the ground to at least four (4) feet in height, that
does not sway or give way when tested by an animal control officer,
or shall consist of a fence. Such a fence must have at least sixteen-gauge
wire arranged in a grid pattern (hogwire) with the maximum size of
any grid in the wire being seven and one-half (7-1/2) by twelve (12)
inches. This wire pattern must stretch continuously from the ground
to at least thirty-two (32) inches above the ground. Above this wire
pattern must be stretched tautly at least two (2) strands of at least
sixteen (16) gauge wire with one of these strands at least four (4)
feet above the ground. The maximum distance allowed between fence
posts shall be fifteen (15) feet. The fence posts must not sway more
than six (6) inches when tested by an animal control officer. Trees
may not be used as fence posts. Gates for such a small livestock enclosure
shall be mounted on hinges to a solid wall or fence post and stretch
from the ground to at least four (4) feet above the ground. Such a
gate must connect with another fence post or solid wall in such a
manner that small livestock cannot pass through it, and the gate itself
must be constructed so that there is not an opening in it larger than
seven and one-half (7-1/2) inches by twelve (12) inches. Such gates
must have a latch or chain attached, capable of keeping the gate closed
when tested by an animal control officer. Gates must be kept closed
except when a human being is passing through a gate.
(d) Enclosures
for Large Livestock.
Any enclosure, corral or restrictive
area for large livestock shall consist of a solid wall stretching
from the ground to at least four (4) feet above the ground, that does
not sway or give way when tested by an animal control officer, or
shall consist of a fence. Such a fence must have at least sixteen-gauge
wire stretched tautly between fence posts. Such a fence shall have
at least four (4) strands of wire with one (1) strand one (1) foot
above the ground and one strand at least four (4) feet above the ground,
with the two (2) other strands uniformly spaced between the top and
bottom strands. The maximum distance between fence posts shall be
fifteen (15) feet. The fence posts must not sway more than six (6)
inches when tested by an animal control officer. Trees may not be
used as fence posts. Gates for large livestock shall be mounted on
hinges to a solid wall or fence and stretch from one (1) foot above
the ground to at least four (4) feet above the ground. Such a gate
must connect with another fence post or solid wall in such a manner
that large livestock cannot pass through it, and the gate itself must
be constructed so that there is not an opening in it large enough
for large livestock to pass through. Such gates must have a latch
or chain attached capable of keeping the gate closed when tested by
an animal control officer. Gates must be kept closed, except when
a human being is actually passing through a gate.
(e) Small
and Large Livestock Kept Together.
When small and large
livestock are kept together the standards for small livestock must
be met.
(f) Minimum
Distance From Human Living Quarters.
It shall be unlawful
for any person, firm or corporation to keep on premises under his
or its control, within the city limits, any small or large livestock
in such a manner that the livestock will be quartered closer than
three hundred (300) feet from any residence or business or any public
right-of-way.
(g) Breeding
of Horses.
Male equines (horses) capable of breeding
will be confined in such a manner that said animal will not be dangerous
to human beings, and all breeding will be under the control of the
owner or handler.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-12)
(a) Rabbits.
Rabbits shall be kept in a secure pen or enclosure that is at
least thirty (30) feet from any inhabited dwelling, other than that
of the owner. It shall be unlawful to raise or keep rabbits for commercial
purposes on property zoned other than agricultural.
(b) Housing
Poultry.
It shall be unlawful to maintain in the city
a poultry yard within fifty (50) feet of any building used for residence
purposes by anyone other than the one maintaining such poultry or
animal yard or his immediate family, or within twenty-five (25) feet
of any public way other than an alley, or within one hundred (100)
feet of any church, school or other business.
(c) For the
purpose of this section, the term "poultry yard" shall include every
enclosure, shed, or structure used to house two (2) or more live fowl;
included in the term "fowl" are chickens, ducks, geese and other poultry.
(d) Every
person maintaining a poultry yard shall keep the same clean, sanitary
and free from all refuse. Such yard shall be thoroughly swept at least
once every twenty-four (24) hours, and it shall be unlawful to permit
any decaying food or any refuse of any kind to remain in such yard.
Refuse from such yard shall, when swept up or collected, be kept in
airtight containers until disposed of in accordance with the ordinances
of the city, and it shall be unlawful to permit any such refuse to
remain uncovered.
(e) Every
poultry yard shall be adequately enclosed so as to be impenetrable
against rats or other rodents. The presence of any rats in any poultry
or animal yard shall be prima facie evidence that such yard is maintained
in violation of the provisions of this section.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-13)
The owner or person in possession of animals shall keep yards,
pens and enclosures in which such animals are confined in such a manner
so as not to give off odors offensive to persons of ordinary sensibilities
residing in the vicinity, or to breed or attract flies, mosquitoes
or other noxious insects, or to endanger the public health or safety
in any manner, or create a public nuisance. All persons keeping such
animals shall comply with the following sanitary regulations:
(1) Manure
and droppings shall be removed from pens, stables, yards, cages and
other enclosures at least twice weekly and handled or disposed of
in such manner as to keep the premises free of any nuisance.
(2) Mound
storage of droppings or manure between such removals shall be permitted
only under such conditions as to protect against the breeding of flies
and to prevent migration of fly larvae (maggots) into the surround
soil.
(3) The feeding
of vegetables, meat scraps or garbage shall be done only in impervious
containers or on an impervious platform.
(4) Watering
troughs or tanks shall be provided which shall be equipped with adequate
facilities for draining the overflow so as to prevent the breeding
of flies, mosquitoes or other insects.
(5) No putrescible
material shall be allowed to accumulate on the premises and all such
material used to feed, which is unconsumed, shall be removed and disposed
of by burial or other sanitary means.
(6) Any pen
or enclosure shall be maintained in such a manner as to be not less
than five (5)feet from any adjoining residentially zoned property.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-14)
The following are established as guidelines for pet and animal
care and not intended to contravene the provisions for animal cruelty
as contained in the Texas Penal Code.
(1) No owner
shall fail to provide his animals with sufficient good and wholesome
food and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering and with humane care and treatment.
(2) No person
shall beat, cruelly ill-treat, torment, overload, overwork or otherwise
abuse an animal, or cause, instigate or permit any dogfight, cockfight,
bullfight or other combat between animals or between animals and humans.
(3) No owner
of an animal shall abandon such animal.
(4) No person
shall crop a dog's ears, except when a licensed veterinarian issues
a signed certificate that the operation is necessary for the dog's
health and comfort, and in no event shall any person except a licensed
veterinarian perform such an operation.
(5) Any person
who, as the operator of a motor vehicle, strikes a domestic animal
shall stop at once and render such assistance as may be possible and
shall immediately report such injury or death to the animal's owner;
in the event the owner cannot be ascertained and located, such operator
shall at once report the accident to the appropriate law enforcement
agency or to the local humane society.
(1965 Code of Ordinances, Chapter 3, Article I, Section
3-15)
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code,
Section 822.041, shall be regulated in accordance with the provisions
of V.T.C.A., Health and Safety Code, Chapter 822, Subchapter D.
(Ordinance adopting Code)