This chapter is enacted pursuant to the general police power, the authorities granted to cities and towns by the Texas State Constitution, and the Local Government Code.
(Ordinance 2019-09-16-02 adopted 9/16/19)
The purposes of this chapter are to promote the public health, safety, and general welfare of the citizens of the city and to ensure the humane treatment of animals by regulating the care and control of animals within the city.
(Ordinance 2019-09-16-02 adopted 9/16/19)
When used in this chapter, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Any live creature, both domestic and wild, including but not limited to fowl, fish, bees, and reptiles. The definition does not include humans.
The animal protection division of the Lakeway Police Department.
An employee or agent of the City of Lakeway, designated by the chief of police to administer and enforce the inspection and enforcement requirements contained within this chapter.
Any establishment maintained and operated by a licensed veterinarian for diagnosis and/or treatment of animal diseases and injuries.
Any facility operated by the City of Lakeway or other county or municipality for the temporary care, confinement, and detention of animals and for the humane killing and other disposition of animals. The term shall also include any private facility authorized by the city to impound, confine, detain, care for, or destroy any animal.
An animal not under the direct physical control of its owner or handler and/or not on a leash under the immediate control of a person physically capable of restraining the animal; or not restrained securely within an enclosure or fence capable of fully and totally securing the animal.
Any member of the family felis domestica.
The chief of police of the City of Lakeway.
Any act or omission whereby physical pain, suffering, or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter, or protection from the elements, a sanitary and safe living environment, veterinary care, or nutritious food in sufficient quantity. In the case of activities where physical pain is legally and necessarily caused, such as in medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training, “cruelty” shall mean a failure to employ the most humane method reasonably available.
As defined in Texas Health and Safety Code chapter 822 section 822.101(4) and any amendments thereto.
Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. The definition includes placement or sale of an animal to the general public, or removal of animal from any pet shop to any other location.
Any member of the family canis familiaris.
Includes livestock, caged or penned fowl, pigeons, and normal household pets such as, but not limited to, dogs, cats, cockatiels, parrots, macaws, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish, or nonpoisonous reptiles.
An area surrounded on all sides by a fence, wire, rail, wall, or other barrier for the keeping of animals. The definition includes cages and pens and excludes yard fences.
Any live monkey, alligator, crocodile, cayman, raccoon, opossum, skunk, fox, wolf, hybrid wolf, sea mammal, bear, poisonous snake, nonhuman primate, prairie dogs, African Servals, member of the feline species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiarus) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or livestock. The definition does not include domestic cats (excluding hybrids with ocelots or margays), domestic dogs (excluding hybrids with wolves, coyotes or jackals), farm animals, rodents, and captive-bred species of common cage birds.
A cat that is born in the wild or is the offspring of a feral cat and is not socialized, or is a formerly owned cat that was abandoned.
A group of cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any non-feral cats that congregate with a colony shall be deemed to be a part of it.
Any goose, pheasant, chicken, prairie chicken, peacock, guinea, duck, or turkey.
A dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
The taking into custody of an animal by any police officer, animal protection officer, or any authorized representative thereof.
Any establishment where domestic animals are being kept for boarding, training, or breeding purposes on a temporary or permanent basis.
Any horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenney, all species of swine, sheep, goat, llama, all species of cattle, or an emu, ostrich, or rhea. Livestock includes miniature livestock.
A passive electronic implant device that is injected into an animal. Each microchip shall contain a unique and original number that is read by an electronic scanning device for the purposes of animal identification and recovery by the animal’s owners.
Any unreasonable disturbance, annoyance, or alarm to a person of ordinary sensibilities, or endangerment to the public health, safety, or welfare, or substantial interference with the rights of citizens to quiet enjoyment of life or property that arises out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal.
Any person or persons, firm, association or corporation, having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any domestic animal covered by this chapter. A domestic animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days.
Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than its owner, to enjoyment of life or property.
A stable, camp, or school where horseback riding is taught on a regular basis for financial gain.
A condition of good order and cleanliness to minimize the possibility of disease transmission, including but not limited to maintaining a condition that is reasonably free of animal waste and does not allow insects, parasites, or flies to breed or cause an odor offensive to an adjacent residence or business.
A dog that is individually trained to do work or perform tasks for a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, as defined by title II of the Americans with Disabilities Act. The definition does not include an emotional support animal.
Any domestic animal, for which there is no identifiable owner, that is found in the city limits without traceable identification.
Any type of identification, such as a microchip, tag with the owner’s address and telephone number, or tattoo that can be readily used by an animal protection officer to identify the current ownership of an animal.
A disease that can be transmitted from animals to people or, more specifically, a disease that normally exists in animals but that can infect humans.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the city when the keeping of such animal constitutes a public nuisance or menace to public health or safety.
(b)
At the discretion of the animal protection officer, the following animals may be deemed public nuisance animals:
(1)
Any stray animal or domestic animal that is found running at-large;
(2)
Any dog in a park or public recreation area unless the dog is controlled by a leash or similar physical restraint;
(3)
Any domestic animal that damages, soils, defiles, or defecates on any property, including the property of the owner of the animal to the extent the consequences of said actions are not rectified within a reasonable time period;
(4)
Any domestic animal that makes disturbing noises from 7:00 p.m. to 7:00 a.m., including but not limited to: continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. An animal may be presumed to be a nuisance under this section if the animal’s owner has been notified by the person’s neighbors, the animal protection officer, or any police officer of the disturbance;
(5)
A dangerous wild animal or vicious animal kept on the property of its owner or other person who keeps, harbors, or maintains the animal;
(6)
Any domestic animal that causes unsanitary conditions in enclosures or surroundings where that animal is kept or harbored and/or causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7)
Any domestic animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(8)
Any dogs attacking or fighting in a backyard of the owner’s residence;
(9)
Any domestic animal that chases any conveyance in a public right-of-way;
(10)
Any domestic animal that attacks another domestic animal;
(11)
Any domestic animal that is offensive or dangerous to the public health, safety, or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities; or
(12)
Any intact male or female domestic animal in heat (estrus) that is not confined so as to prevent attraction and contact with animals other than the owner’s, unless for the purpose of planned breeding in compliance with all local, state, and federal laws. Any owner claiming that a dog or cat has been spayed or neutered must show to the satisfaction of the animal protection officer of the city that such operation has been performed.
(Ordinance 2019-09-16-02 adopted 9/16/19)
It shall be unlawful for anyone to own, harbor, maintain, have in their possession, have on their premises or under their control or permit at-large any exotic animal.
(Ordinance 2019-09-16-02 adopted 9/16/19)
It shall be unlawful for any person to keep such a number of animals that in doing so, the animals constitute a public nuisance or menace to public health or safety, as determined by the chief of police or designee.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
(b)
Outdoor enclosure for animals.
(1)
An enclosure used to keep an animal(s) must be located at least twenty (20) feet from a property line.
(2)
An outdoor enclosure used as the primary living area for an animal(s) or used as a means for an animal(s) to regularly eat, sleep, drink, and eliminate must be of a size appropriate to the size of the animal(s).
(3)
An outdoor enclosure must be located in a backyard and in compliance with all regulations found in chapter 24 of this code.
(4)
This section does not apply to an animal shelter, veterinary clinic, or institutional or education research facility.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Kennel permit required.
(1)
All persons operating a kennel shall obtain a permit from the building and development services department.
(2)
It shall be unlawful for any person to keep for boarding, training, or breeding purposes, or any other commercial purpose an animal that is kept in an enclosure of any type unless the facility requirements are met.
(3)
The kennel permit shall be issued provided the applicant meets all the provisions of this section and provided the applicant’s facility meets the requirements in facility requirements. The applicant of the permit must not have been issued citations for violation of this chapter on two (2) separate occasions within a one-year period.
(4)
Permits shall be valid for one (1) year from date of issuance. The permit fee shall be set by the city council.
(5)
This section shall not apply to a licensed veterinarian housing animals at the veterinarian’s place of business necessary for and/or incidental to his or her practice.
(b)
Commercial sales permit.
(1)
All persons engaged in the commercial sale of any animal, domestic or otherwise, including, but not limited to roadside sales, pet stores and stores in which pets and animals are not the central item of sale within the store such as department stores, drugstores and convenience stores, shall obtain a commercial sales permit from the building and development services department.
(2)
It shall be unlawful for any person to sell, trade, barter, lease, rent, and give away or display for commercial purposes an animal that is kept in an enclosure of any type unless the facility requirements are met.
(3)
The commercial sales permit shall be issued provided the applicant meets all the provisions of this section and provided the applicant’s facility meets the requirements in facility requirements. The applicant of the permit must not have been issued citations for violation of this chapter on two (2) separate occasions within a one-year period.
(4)
Permits shall be valid for one (1) year from date of issuance. The permit fee shall be set by the city council.
(c)
Facility requirements for kennels and commercial sales permit holders.
(1)
The facility must be adequate for the number and type of animals to be kept:
(A)
Facility must be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. The size of facility shall be in proportion to the size of the individual animal’s height and weight, have enough room to allow for movement without stepping on another animal, animal feces, or food or water provided for the animal;
(B)
Adequate food and potable water must be provided so that all animals kept are maintained in good health and free of malnutrition and/or dehydration; and
(C)
The premises shall be kept in a sanitary condition.
(2)
The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities.
(3)
The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or to adjacent animals. No enclosures with a wire bottom are permitted.
(4)
The facility must be situated so that air may circulate to ensure that any animal kept therein is not exposed to extreme heat. During cold or inclement weather, cages or pens shall be situated so that animals contained therein shall stay warm and dry.
(d)
Revocation or suspension of kennel, commercial sales permit.
A kennel permit or commercial sales permit may be revoked by the city police department or the building and development services department if upon investigation it is determined that the permit holder has failed to adhere to any of the conditions listed in this section. Revocation paperwork must be submitted to the city’s municipal court for the revocation order to be issued. Upon review by the court, the burden is by a preponderance of the credible evidence, rather than beyond a reasonable doubt. Once the permit has been revoked, the facility whose permit has been revoked may not reapply for a period of six (6) months and shall not engage in the housing or sale of animals in the manner described in this section for that period. Upon revocation of the kennel permit or commercial sales permit, the owner of the animals covered in the revoked permit is to remove those animals from the city limits within ten (10) days and notify animal protection of the location to which they will be moved. If owner does not comply with removal of animals within the ten-day period, animal protection shall have the authority to remove the animals for the purpose of impoundment.
(e)
Sale of dyed animals prohibited.
It shall be unlawful for any person to sell, offer for sale, raffle, offer or give as a prize, premium or advertising devise, or give away any animal that has been dyed or otherwise artificially colored.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Keeping of livestock.
(1)
It shall be unlawful for any person to keep livestock within the corporate limits of the city in an area that is not zoned agricultural.
(2)
In an agricultural zone, any livestock kept shall be in accordance with the following restrictions:
(A)
Livestock shall be kept on a parcel of land that is at least one (1) acre in size.
(B)
There shall be no more than one unit (as defined below) of livestock for the first acre of land. There shall be no more than one additional unit of livestock for each additional one-half acre of land in the same parcel. For the purpose of this subsection, units of livestock shall be defined as follows:
(i)
The following types of livestock shall be counted as one head equals one unit: Horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenny, llama, emu, ostrich, rhea, and all species of cattle;
(ii)
The following types of livestock shall be counted as one head equals one-half of a unit: All species of swine; and
(iii)
The following types of livestock shall be counted as one head equals one-fifth of a unit: Sheep and goat.
(C)
No livestock shall be permitted to graze, forage, or otherwise roam within fifty (50) feet of any dwelling, residence, or structure used for human occupancy, other than the livestock owner’s dwelling or residence.
(D)
The owner keeping any livestock shall keep all yards, barns, pens, stables, corrals, sheds or other enclosures in which such animals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibility in the immediate vicinity of the owner’s property, or to breed or attract flies, mosquitos or other noxious insects or rodents, or in any manner to endanger the public health, safety, or welfare, or to create a public nuisance.
(b)
Enclosure for livestock.
(1)
All yards, barns, pens, stables, corrals, sheds or other enclosures in which livestock is confined shall be of a size to allow said animals sufficient space to move freely and not endanger the health, safety, or welfare of the animal or animals.
(2)
An enclosure used to keep livestock, including barns, stables, corrals, sheds, pens or other similar structure where livestock may be housed, fed, or confined, or where food for livestock is stored, must be located at least twenty (20) feet from a property line.
(3)
Livestock shall be enclosed with adequate fences or barriers that will prevent such livestock from damaging shrubbery or other property situated on adjacent property. Such fences or barriers shall be sufficient to prevent the livestock from escaping the enclosure.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
It shall be unlawful to own or keep fowl within the corporate limits of the city in an area that is not zoned agricultural.
(b)
In an agricultural zone, the number of fowl shall not exceed a reasonable number for the size of the enclosure, as determined by the animal protection officer. An unreasonable number of fowl shall be deemed a nuisance.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Basic care for animals.
It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide such animal with humane care and treatment, a sanitary environment, sufficient wholesome and nutritious food, potable water and/or veterinary care when needed to prevent suffering, or to unnecessarily expose any such animal to hot, cold, stormy, or inclement weather.
(b)
Safety of animals in vehicles.
(1)
A person shall not keep an animal in a standing or parked motor vehicle or other enclosed space in which the animal’s health or safety is or soon will be endangered, including if by high temperature, low temperature, or inadequate ventilation.
(A)
A police officer or animal protection officer may, after attempting to locate the animal’s owner, remove the animal from a vehicle or enclosed space using any reasonable means, including breaking a window or lock. If professional services are required to remove the animal, the owner is responsible for the cost.
(B)
A police officer or animal protection officer who removes an animal from a vehicle or enclosed space in accordance with this subsection is not liable for any resulting property damage. The animal may be impounded.
(2)
A person shall not keep an animal in a standing or parked unenclosed vehicle, including but not limited to a pick-up truck, jeep, or flatbed truck, unless the animal is confined in a secure and appropriately sized vented container or cage, or confined by chain, rope, or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle, strangling on a single leash, or otherwise being injured.
(3)
A person shall not transport an animal in a motor vehicle on a public roadway unless:
(A)
The animal is safely enclosed within the vehicle; or
(B)
If the animal is transported in an unenclosed vehicle, including but not limited to a pick-up truck, jeep, or flatbed truck, the animal shall be confined in a secure and appropriately sized vented container or confined by chain, rope, or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle, strangling on a single leash, or otherwise being injured.
(c)
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.
(d)
Unsupervised animals.
If an animal protection officer determines that an animal is or will be without proper care because of the owner’s injury, illness, or other involuntary absence, the animal protection officer may impound such animal.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Unlawful actions.
It shall be unlawful for any person to:
(1)
Willfully or maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict pain, injury, suffering, or death to such animal, except:
(2)
Tease, annoy, disturb, molest, or irritate an animal that is confined.
(3)
Attend, cause, instigate, stage, or permit to occur on property owned or controlled by such person for profit or entertainment any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans.
(b)
Substance that is dangerous to any animal.
It shall be unlawful for any person, except a licensed veterinarian for humanitarian purposes, to administer poison to any animal, or recklessly leave any substance in any place with the intent to injure any animal. The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
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.
(b)
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 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 2019-09-16-02 adopted 9/16/19)
(a)
Required.
It shall be unlawful for any person to own, keep, or harbor any dog or cat over the age of four (4) months within the city unless such dog or cat can be readily identified by some means of traceable identification. Traceable identification shall be obtained within ten (10) days after the dog or cat is weaned or within ten (10) days after establishing residence within the city, by moving or annexation.
(b)
Exemption from traceable identification requirement.
(1)
Traceable identification shall not be required for the following animals, provided that at the time of entry into the city the animal is properly vaccinated against rabies, and while kept within the city, meets all other requirements of this chapter:
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Animal protection may use a trap neuter release program as a mechanism to stabilize and reduce the existing feral cat population.
(b)
It shall be unlawful to feed, maintain, or otherwise care for a feral cat or a feral cat colony without complying with trap-neuter-release by trapping, neutering, vaccinating, ear-tipping, and returning any feral cat to the wild or a feral cat colony.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Animal at-large.
It shall be unlawful for any domestic animal to be at-large. An owner of an animal found to be at-large shall be responsible for the offense and no culpable mental state is required. If the at-large animal is livestock, fines may be assessed on each head of livestock.
(b)
Tying or staking.
(1)
Animals shall not be chained, tied, fastened, or otherwise tethered to dog houses, trees, stakes, poles, fences, walls, or any other stationary objects outdoors or indoors as a means of confinement for more than two (2) hours in any twenty-four (24) hour period. The owner of the animal or the person actually tying or staking the animal shall be responsible for the offense.
(2)
It shall be unlawful for any animal to be tied or staked upon any open or unfenced lot or land in a manner which allows the animal to come within ten (10) feet of any street, park, or other public land or within ten (10) feet of any sidewalk, public passageway, or building other than a building on the owner’s property. An animal tied or staked in violation of this section shall be considered at-large.
(c)
Cable runs.
An animal may be confined on a tether, which is not attached to a stationary object as described in subsection (b) above, only if the following conditions are met:
(1)
Only one animal may be tethered to each cable run.
(2)
The tether must be attached to a properly fitting harness worn by the animal. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a cable run.
(3)
There must be a swivel on at least one end of the tether to minimize tangling of the tether.
(4)
The tether and cable run must be of adequate size and strength to effectively restrain the animal and must weigh no more than 1/18 of the animal’s body weight.
(5)
The cable run must be at least fifteen (15) feet in length and mounted to either a swivel tie out or to a cable/trolley/pulley system at least four (4) feet and no more than seven (7) feet above ground level.
(6)
The length of the tether from the cable run to the animal’s harness should allow access to the maximum available exercise area and should allow continuous access to water, food, shelter, shade, and a dry area. The animal must be able to have space to urinate or defecate in a separate area from the area where it must eat, drink, or lie down. The tether system must allow the animal to be able to escape harm. The tether system must be of appropriate configuration to confine the animal to the owner’s property, to prevent the tether from extending over an object or an edge that could result in injury or strangulation of the animal, and to prevent the tether from becoming entangled with other objects or animals.
(7)
It shall be unlawful for any animal to be tethered upon any open or unfenced lot or land in a manner which allows the animal to come within ten (10) feet of any street, park or other public land or within ten (10) feet of any sidewalk, public passageway or building other than a building on the owner’s property. An animal tethered in violation of this section shall be considered at-large.
(d)
Invisible and electronic fences.
It shall be unlawful to use an invisible or electronic fence as the sole method to restrain an animal in accordance with this section unless the following conditions are complied with:
(1)
A sign must be posted within the restraint area that indicates an animal is being restrained by an invisible or electronic fence and the type of animal being restrained. This sign must be clearly visible from the street or other public place outside of the restraint area.
(2)
The invisible or electronic fence must be aligned in a manner which does not allow the animal to come within the setback on street side, golf course, or within twenty (20) feet of adjacent property lines. An animal restrained in violation of this section shall be considered at-large.
(e)
Restraint of dogs in public places.
(1)
Any dog, while on a street, sidewalk, public way or in any park, public square, or other public space shall be restrained and secured by a leash of sufficient tensile strength to restrain the particular dog. Said leash shall not be longer than:
(A)
Twenty-five (25) feet in a public park. The owner of an animal on the leash must retract the leash to keep the animal from unwanted contact with persons or other animals.
(B)
Six (6) feet on a public trail or in any other place. The owner of an animal on the leash must retract the leash so that it does not block passage of a public trail and to keep the animal from unwanted contact with persons or other animals.
(2)
An animal that is not restrained in compliance with this section shall be considered at-large.
(3)
This section does not apply to a dog in a public dog park.
(f)
Warning sign required for guard dogs.
(1)
It shall be unlawful for any person to leave any guard or attack dog unattended in any place inside or outside any building unless a warning sign has been placed in a clearly visible location at the premises, located so that it can be seen by any person before entering the premises or area to which the dog has access, warning that a guard or attack dog is present.
(2)
The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies.
(g)
Animals inside food establishments.
(1)
It shall be unlawful for an owner of any animal to allow or permit such animal to enter, be, or remain within the interior of any restaurant or similar establishment where food is offered for sale, displayed, served, or handled for human consumption.
(h)
Control of animal.
An owner or handler shall take reasonable measures to protect the public from accidental contact with any animal that, by nature or by training, is dangerous to people or other animals.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Except as provided by this section, a person shall not keep, raise, harbor, use, possess, have on the person’s property, or under the person’s control or attempted control a dangerous wild animal.
(b)
A person must keep a dangerous wild animal in an enclosure that meets the requirements prescribed by this chapter to prevent accidental contact with the animal:
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Prohibited.
An animal may be declared a vicious animal if the animal has:
(1)
On more than one occasion bitten a person in the city;
(2)
On at least one occasion bitten or scratched a person to an extent that the attending physician has presented an affidavit to the health authority stating that the person’s life may have been endangered by the animal; or
(3)
On at least one occasion:
(A)
Killed a dog, cat, or other domestic animal; or
(B)
Seriously injured another domestic animal to an extent that an attending veterinarian has presented an affidavit to animal protection stating that the injured animal’s life was seriously endangered or taken by the animal, or that the animal caused a significant permanent impairment of the injured animal’s basic bodily functions or mobility.
(b)
Offense.
It shall be unlawful for any person to own, keep, or harbor a vicious animal within the city. For purposes of this section, a person is the owner of a vicious animal when the owner knows of an unprovoked attack committed by the animal against a person or another animal as described in subsection (a) above, or when the animal has been determined to be vicious by the court under this section or otherwise determined to be vicious or dangerous by a court or determining body.
(c)
Defenses.
In response to a charge of vicious animal, it is a defense that:
(1)
The threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2)
The person was teasing, tormenting, abusing, or assaulting the animal or has, in the past been observed or reported to have teased, tormented, abused, or assaulted the animal;
(3)
The person was committing or attempting to commit a crime;
(4)
The animal attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged vicious animal;
(5)
The animal was protecting or defending a person within immediate vicinity of the animal from an unjustified attack or assault;
(6)
The animal was injured and responding to pain;
(7)
The animal was protecting its offspring, itself, or its kennelmates; or
(8)
The animal is a guard or attack dog as defined by this chapter, as long as such guard or attack dog was restrained and confined in compliance with this chapter.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Proof of rabies vaccination required.
(1)
It shall be unlawful for a dog or cat to be present in the city and not be vaccinated against rabies. Every owner of a dog or cat shall present, upon request by an animal protection officer, a written certificate of anti-rabies vaccination by a registered veterinarian duly licensed to practice by the Texas Board of Veterinary Medical Examiners, or shall otherwise show to the satisfaction of the officer that the animal has been inoculated against rabies in compliance with Texas Health and Safety Code chapter 826, subchapter C and title 25, part 1, chapter 169, subchapter A of the Texas Administrative Code. Said certificate must show the name and address of the owner of said dog or cat containing a description of the color, breed, sex and weight of said dog or cat together with the kind and amount of vaccine used and the date of administration, and certifying that said dog or cat was so vaccinated and immunized against rabies, in compliance with 25 T.A.C. § 169.29. Failure to furnish proof upon request shall create a presumption that the animal has not been vaccinated for rabies. The owner of the animal shall be responsible for the offense and no culpable mental state is required.
(2)
If a licensed veterinarian with direct supervision over an animal certifies through an affidavit that the administration of a rabies vaccination will endanger an animal’s life, the animal may be exempt from this section, provided adequate measures are taken to minimize the chance of exposure to rabies. If the animal is involved in a potential rabies exposure incident, the animal shall be considered unvaccinated against rabies for the purpose of appropriate public health regulations.
(b)
Authority to quarantine.
An animal protection officer or any police officer may order the quarantine of any animal that has bitten or scratched a person or another animal or that is suspected of having a zoonotic disease.
(c)
Animals subject to quarantine; conduct of quarantine.
(1)
Any warm-blooded animal that bites or scratches a person or another animal, or that is suspected of having rabies or other zoonotic disease shall be immediately confined by the owner, who shall promptly notify animal protection of the place where the animal is confined and the reason for the confinement. The owner shall not permit such animal to come into contact with any other person or animal. The owner shall surrender possession of the animal to animal protection on demand for supervised quarantine. Supervised quarantine shall be carried out at the animal shelter, at a veterinary hospital, or by another method of adequate confinement approved by the chief of police or designee in compliance with Health and Safety Code chapter 826. The quarantine shall be for a period of not less than ten (10) days and shall be conducted under the supervision of a veterinarian or the local health authority. A release from quarantine may be issued if no signs of rabies or other disease have been observed during the quarantine period in compliance with Health and Safety Code sec. 826.043.
(2)
If animal protection approves quarantine other than in the animal shelter or at a veterinary hospital, the owner shall be responsible for confining the animal. The owner shall obtain supervision of the animal by a veterinarian and a release from quarantine as would be required from a veterinary hospital or at the animal shelter. Quarantine other than in the animal shelter or at a veterinary hospital may be authorized only if the bite victim approves and if the owner was in compliance with all applicable local laws and regulations including, but not limited to, having a current rabies vaccination for the biting animal. If an animal is quarantined other than at the animal shelter, the owner shall immediately provide animal protection with the name, address, and phone number of the veterinarian supervising the quarantine.
(d)
Quarantining of animals exposed to rabies.
Any dog or cat that has rabies, or symptoms thereof, or that is suspected of having rabies, or that has been exposed to rabies, shall be handled in a manner consistent with state law regarding the disposition of animals exposed to rabies. It shall be unlawful for any owner to fail to comply with a quarantine requirement or condition in accordance with chapter 826 of the Texas Health and Safety Code and 25 T.A.C. § 169.26, including a home quarantine as authorized by an animal protection officer. If an owner fails to comply, in addition to any criminal penalties, the animal shall be immediately seized and impounded.
(e)
Violation of quarantine, cause for seizure and impoundment.
The violation of quarantine by an owner shall be just cause for the issuance of a citation and a summons, and the impoundment of the quarantined animal by animal protection or any police officer. It shall be unlawful for any person to interrupt the observation period.
(f)
Investigation of animal bite reports; killing of biting animal prohibited.
All animal bite reports shall be investigated by animal protection. Without permission of the chief of police or designee, 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 that an animal may be killed when immediately necessary to protect the life or health of any person or other animal.
(g)
Reporting of animal bites.
The owner of an animal that has bitten a person or animal shall report the bite incident to animal protection immediately, but in no case more than twenty-four (24) hours after knowledge of the incident.
(h)
Authority to direct disposition of suspected rabid animal.
Animal protection may 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 person.
(i)
Surrender of dead animal carcasses suspected of rabies.
The carcass of any dead animal exposed to rabies or suspected of having been rabid shall, upon demand, be surrendered to animal protection.
(j)
Manner of disposing of animal exposed to rabies.
At the time an animal has been potentially exposed to rabies through a contact with another animal, the owner of the exposed animal shall promptly notify animal protection of the place where such animal is confined and the reason therefor. The owner shall not permit such animal to come in contact with any person or animal. Any animal exposed to rabies shall be handled in accordance with 25 T.A.C. § 169.30.
(k)
Refusal to surrender animal, on demand, for rabies control purpose.
An owner commits an offense if the owner fails or refuses to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefor is made by animal protection.
(l)
Notification to animal protection upon escape, sickness or death of quarantined animal.
The owner of a quarantined animal shall immediately notify animal protection if such animal escapes, becomes or appears to become sick, or dies. In case of death of the animal while under quarantine, the owner shall immediately surrender the dead animal to animal protection for diagnostic purposes.
(m)
Voluntary release of animal for euthanasia.
The owner of an animal that has bitten or scratched a human may request that the animal be euthanized and tested for rabies. The owner shall pay the costs of shipping and testing and any associated fees.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Reasons for impoundment.
In addition to any other remedies provided in this chapter, an animal protection officer or a police officer may seize, impound, and humanely confine to an animal shelter or hospital any of the following animals:
(1)
Any stray animal;
(2)
Any animal at-large;
(3)
Any animal constituting a public nuisance or considered a danger to the public;
(4)
Any animal that is in violation of any quarantine or confinement order;
(5)
Any unattended animal that is ill, injured, or otherwise in need of care;
(6)
Any animal that is reasonably believed to have been abused or neglected;
(7)
Any animal that is reasonably suspected of having rabies;
(8)
Any animal that is determined to be potentially dangerous, or dangerous, where the officer determines that there is a threat to public health and safety;
(9)
Any animal that a court of competent jurisdiction has ordered impounded or destroyed;
(10)
Any animal that is considered unattended or abandoned, as in situations where the owner or person with custody of the animal is deceased, has been arrested or evicted from his regular place of residence;
(11)
Any exotic or dangerous wild animal that is kept illegally; or
(12)
Any animal that is in violation of this chapter or whose owner is in violation of this chapter.
(b)
Impoundment of livestock.
In addition to in an animal shelter or hospital, livestock may be held by a private contractor or by animal protection with the owner of the livestock being responsible for all impound, transportation, boarding, feeding, and any other expenses incurred in impounding the livestock. All fees and charges must be paid prior to release of the livestock.
(c)
Issuance of notice or citation.
In addition to, or in lieu of, impounding an animal found at-large, an animal protection officer or a police officer may issue to the known owner of such animal a citation for a violation of this chapter.
(d)
Length of impoundment.
The city shall keep a dog or cat impounded for three (3) days before disposing of said dog or cat without the consent of the owner. If the owner is arrested, the city shall keep a dog or cat impounded for seven (7) days before disposing of said dog or cat without the consent of the owner.
(e)
Impounded animal becomes property of city.
Any animal impounded in the animal shelter for a period exceeding the times laid out in this chapter shall become the property of the city and may be placed with a rescue organization or another animal shelter.
(f)
Sick or injured animals.
When an animal is not wearing traceable identification of any kind so that the rightful owner cannot be notified of their animals’ injuries, obviously sick or injured animals may be humanely euthanized.
(g)
Reclaiming animals and impoundment fees.
An owner reclaiming an impounded animal shall pay all impounding fees, vaccination fees, and boarding fees for animals before they shall be returned to the owner.
(h)
Property owners may impound.
Any person finding an animal at-large upon his property may remove the same to any animal shelter that will take possession of the animal. If no such shelter is available, the property owner may hold the animal in his own possession, and as soon as possible, notify animal protection. The property owner shall provide a description of the animal and the name of the owner if known. Animal protection officers shall be dispatched as soon as available to take possession of the animal.
(Ordinance 2019-09-16-02 adopted 9/16/19)
The chief of police shall appoint an animal protection officer and such assistants as may be required to enforce this chapter.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Enforcement duties.
Animal protection officers or other designees of the chief of police shall be the enforcement officials for this chapter. These officers, along with police officers, shall have the authority to act on behalf of the city and animal protection in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this chapter.
(b)
Interference with animal protection officer.
It shall be unlawful for any person to interfere with any animal protection officer or other enforcement official in the performance of his or her duties.
(c)
Self defense.
Upon attack by an animal, any animal protection officer can defend him or herself or a complainant, at the officer’s discretion, by such means as the officer deems necessary in that situation.
(d)
Liability.
To ensure the public safety and to avoid serious accidents, any animal that is in danger of getting on a public roadway will be tranquilized if possible or in extreme cases destroyed by animal protection officers or police officers. If it is necessary to tranquilize or destroy the animal to prevent property damage or injuries, the city will not be liable for damages to the owners of said animal.
(e)
Adoption of animal in police custody.
It shall be the practice of the city’s animal protection to take animals to Austin Animal Center or to a department approved animal rescue organization when an officer (1) impounds an animal, or (2) receives an animal through voluntary surrender. In order to be an approved rescue organization, the organizations credentials shall be reviewed by the animal protection committee. An animal will not be turned over to a private individual directly unless facilitated by an adoption organization.
(f)
Animal surrender form.
Parties voluntarily surrendering animals shall complete the requisite animal surrender form.
(Ordinance 2019-09-16-02 adopted 9/16/19)
(Ordinance 2019-09-16-02 adopted 9/16/19)
(a)
Committee created.
(1)
There is hereby created the animal shelter advisory committee.
(2)
The animal shelter advisory committee shall perform the state law advisory committee functions contemplated in section 823.005 of the Health and Safety Code by rendering advice and assistance to the chief of police regarding the city’s compliance with the requirements of chapter 823 of the Health and Safety Code.
(b)
Members; terms; offices.
(1)
The animal shelter advisory committee shall consist of a minimum of five members who shall be appointed by the chief of police. The five membership positions shall be designated as positions one through five, and the following membership criteria shall appertain:
(A)
Position one shall be filled by a veterinarian who is licensed as such in the state;
(B)
Position two shall be filled by a municipal or county official;
(C)
Position three shall be filled by a person whose duties include the daily operation of an “animal shelter” as that term is defined in section 823.001 of the Health and Safety Code;
(D)
Position four shall be filled by a person who is an officer or employee of an animal welfare organization; and
(E)
Position five shall be filled by a member of the executive police staff.
(2)
The members of the committee shall serve at the discretion of the chief of police and until their successors are appointed and qualified. The person filling position five will serve as the chairperson.
(c)
Meetings; corporation; quorum.
The animal shelter advisory committee shall meet from time to time at the call of the chairperson, provided that the committee shall meet not less than three times per calendar year. A majority of the members of the committee shall constitute a quorum for the conduct of business. The chief of police or designee shall arrange for a city meeting room to be provided for the conduct of meetings. Members shall not be compensated for service, provided that any member who is a city employee shall continue to receive his regular compensation while serving on the committee.
(Ordinance 2019-09-16-02 adopted 9/16/19)