The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning:
Abandon.
Leaving an animal in any place without providing reasonable and necessary care including, but not limited to, air, food, water, or protection from heat, cold, or other elements of nature.
Animal.
Any living creature, including but not limited to: dogs, cats, pigs, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.
Animal control authority.
Any person or persons designated by the council to enforce the provisions of this chapter.
Animal control officer.
Any person designated by the council to enforce the provisions of this chapter.
Animal shelter.
A facility contracted by the city for the purpose of impounding and caring for animals held under the authority of this chapter.
Dangerous animal.
(1) 
Any animal which, without provocation, inflicts bites on or attacks a human being or domesticated animal on either public or private property;
(2) 
Any animal which, in a vicious or terrorizing manner, approaches a human being in an apparent attitude of attack upon the streets, sidewalks, or any public or private grounds or places;
(3) 
Any animal with a known propensity, tendency or disposition to attack without provocation, which causes injury or otherwise threatens or endangers the safety of a human being or a domesticated animal;
(4) 
Any animal suspected of being a dangerous animal if the owner, keeper or harborer of such animal fails or refuses to make such animal available for inspection to an animal control officer;
(5) 
Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting; or
(6) 
Any animal which has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or domesticated animals.
Dangerous propensities.
Any one, or a combination, of the animal behaviors of biting, snarling, charging aggressively toward a person or another animal, growling with curled lips, popping of teeth, or barking with raised hackles.
Dog.
A domesticated member of the family Canidae, but shall not include a wolf, jackal, coyote, fox, or other wild animal of this family or hybrid thereof.
Exotic animals.
Non-native species of animal including, but not limited to, nonpoisonous reptiles which when mature are over six (6) feet in length, ostriches, any member of the Ratite family or exotic livestock as defined by the state animal health commission.
Fowl.
All of those birds commonly called poultry including, but not limited to, chickens, ducks, geese, guinea fowl, turkeys, pigeons and all the relatives of those birds which can be in pens, coops, cages or enclosures of any kind.
Harboring.
The act of keeping and caring for an animal or of providing premises to which the animal returns for food, shelter or care for a period of five days.
Humanely euthanized.
To cause the death of an animal by a method which:
(1) 
Rapidly produces unconsciousness and death without visible evidence of pain or distress; or
(2) 
Utilizes anesthesia produced by an approved agent which causes painless loss of consciousness, and death following such loss of consciousness.
Humane trap.
A box cage for catching animals in a humane manner.
Large livestock.
Horses, mules, donkeys, cattle, goats, sheep and swine regardless of age, sex, size or breed, but does not include the pot-bellied pig, miniature horse, or pygmy goat.
Miniature livestock.
Swine or goats that have been specifically bred to be significantly smaller at maturity than all other breeds of similar animals. Miniature livestock includes, but is not limited to, pot-bellied pigs, pygmy goats and miniature horses.
Owner.
Any person 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.
Person.
Any individual, firm, association, partnership, or corporation.
Pet animal.
Dogs, cats, ferrets, rabbits, rodents, birds, reptiles and any other species of animal that are sold or retained as household pets, but shall not include any species of dangerous animal.
Rabies vaccination.
An injection of United States Department of Agriculture approved rabies vaccine administered every 12 or 36 months under the direct supervision of a licensed veterinarian.
Residence.
A dwelling, intended to be inhabited by human beings.
Restraint or restrained.
Secured by a leash, lead, cord, chain, extendable leash, or rope six (6) feet or less in length and held by the owner or handler; or secured within a kennel or pen within the fenced real property limits of its owner, and may not come any closer than six (6) feet to a public walkway or sidewalk when the restraint lead is stretched to full length.
Running at large or run at large.
(1) 
Off premises.
Any animal which is not restrained by means of a leash or chain of sufficient strength and not more than fifteen (15) feet in length to control the actions of such animal while off the owner’s property unless on an extendable leash under the owner’s control; and
(2) 
On premises.
Any animal not confined on the premises of the owner or handler by a substantial fence of sufficient strength and height to prevent the animal from escaping.
Secure enclosure.
A house or a building, or in the case of a dangerous animal being kept outdoors, the kennel/pen shall include a roof which is fastened to all vertical walls, which are submerged in a subpervious material. The kennel/pen must be at least six (6) feet in height and have the minimum dimensions of five (5) feet by ten (10) feet. The kennel/pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The kennel/pen will provide protection from the elements and allow for daily removal of waste as approved by the animal control officer or designee.
Spay/neuter.
The surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce.
Veterinarian.
A doctor of veterinary medicine who holds a valid license to practice his profession in the state.
Vicious animal.
Shall have the same meaning as “dangerous animal.”
Wild animal.
Any poisonous or dangerous reptile or any other animal which can normally be found in the wild state or not normally capable of being domesticated including, but not limited to:
(1) 
Reptiles: Alligators, crocodiles, or venomous reptiles;
(2) 
Birds: Emus, ostriches, rheas;
(3) 
Mammals: Baboons, badgers, bats, bears, bobcats, caracals, cheetahs, chimpanzees, cougars, coyotes, dingoes, elephants, foxes, gorillas, jackals, jaguars, hyenas, leopards, lions, lynx, monkeys (nonhuman primates), martins, minks, ocelots, orangutans, pandas, panthers, raccoons, servals, skunks, tigers, weasels, wolves;
(4) 
Marsupials: Kangaroos, kinkajous;
(5) 
Hybrids: Any hybrid of any animals including the offspring of domesticated canine and wild canine cross-breeds such as coyote or wolf hybrids. This shall apply regardless of duration of captivity; and
(6) 
Any species of animal illegal to own under federal or state law, and any animal which is or may be hereafter listed as a “high risk” animal in the Texas Rabies Control Act.
(Ordinance 100331, art. I, sec. 1, adopted 5/4/10; Ordinance adopting Code)
(a) 
Criminal penalty.
Any person who violates any provision of this chapter or fails to perform an act required by this chapter commits an offense and shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1.01.009 of this code.
(b) 
Civil penalty.
In addition to the penalty provided above, violations of any provision or section of this chapter shall incur civil penalties up to one thousand dollars ($1,000.00) per day for each violation, as provided by section 54.017 of the Texas Local Government Code, as amended, as the same may be amended from time to time. Each day a violation continues shall be deemed a separate offense.
(c) 
Culpability.
A culpable mental state is not required for the commission of an offense under this chapter, unless the provision defining the conduct expressly requires a culpable mental state.
(d) 
Additional remedies.
The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of other ordinances or state law, including Local Government Code chapter 54.
(Ordinance 100331, art. VI, sec. 50, adopted 5/4/10)
(a) 
Local rabies control authority.
The animal control officer or designee is designated as the local rabies control authority for the purposes of chapter 826 of the Texas Health and Safety Code, as amended. The local rabies control authority shall enforce:
(1) 
The Rabies Control Act of 1981, chapter 826 of the Texas Health and Safety Code, as amended, and the rules adopted by the state board of health that comprise the minimum standards for rabies control;
(2) 
The ordinances and rules of the city; and
(3) 
The rules adopted by the state board of health under the area rabies quarantine provisions of section 826.045 of the Texas Health and Safety Code, as amended.
(b) 
Powers and duties of animal control officers.
Any animal control officer of the city shall have the authority to issue citations for any violation of this chapter and any other power or duty stated within the terms of this chapter.
(c) 
Interference with animal control officer.
It shall be unlawful for any person to interfere with any animal control officer in the performance of his duties.
(d) 
Right of entry.
For purposes of discharging duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, the animal control officer may enter upon private property to the full extent permitted by law, which shall include, but not be limited to, entry upon private property, except dwellings located thereon, when in pursuit of any animal which he has reason to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws.
(e) 
Authority to destroy animals.
Any animal control officer shall have the authority to humanely euthanize and/or destroy any animal in accordance with the provisions of this chapter.
(Ordinance 100331, art. I, sec. 2, adopted 5/4/10; Ordinance adopting Code)
(a) 
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Adult animal
means any animal which is more than six (6) months of age.
Litter
means one or more newborn animal(s) under six (6) months of age.
(b) 
It shall be unlawful for any residence to keep within the city, in any residential district, more than four (4) adult domesticated animals on a residential lot of 10,000 square feet or less; provided, however, that such person may keep one additional adult animal for each additional 5,000 square feet of lot area. The residence shall be permitted to keep one (1) litter only at any given time.
(Ordinance 100331, art. I, sec. 3, adopted 5/4/10)
(a) 
It shall be unlawful for any owner of an animal, other than a cat, to cause, permit, suffer or allow the animal to run at large.
(b) 
Any animal control officer is authorized to impound such animals running at large, other than a cat, and may impound a cat upon receipt of a complaint that the cat causes a nuisance or hazard to the health or welfare of any person or animal.
(Ordinance 100331, art. I, sec. 4, adopted 5/4/10)
(a) 
Noisy animals.
A person commits an offense if he knowingly harbors an animal that unreasonably barks, howls, crows or makes other unreasonable noise near a private residence that disturbs the peace and quiet of any person of ordinary sensibility.
(b) 
Urination or defecation.
It shall be unlawful for the owner to permit, either willfully or through failure to exercise care and control, any such dog or other domesticated animal to urinate or defecate upon the sidewalk or parkway or any public street, or upon the floor of any common hall in any entranceway or stairway or upon any wall of any public place or building or public park and any private property not his own, and it shall be the responsibility of the owner to remove any animal waste deposited by his animal.
(c) 
Unsanitary or offensive conditions.
It shall be unlawful and considered a public nuisance for any person to allow any house, building, business, lot, pen, enclosure, yard or similar place used for the keeping of animals to become unsanitary, offensive by reason of odor, or disagreeable to persons of ordinary sensibilities residing in the vicinity thereof or to the public at large. Any condition injurious to public health caused by improper waste disposal will be considered a violation of this chapter.
(d) 
Cats running at large.
Cats running at large to such a degree that it causes an unreasonable disturbance to a person of ordinary sensibilities are prohibited.
(e) 
Animal carcasses in public view.
It shall be unlawful for any person to butcher or display the carcass of an animal on residential property within the city whereby it is in the view of the public, except an animal carcass actually cooking over a barbeque pit.
(f) 
Disposal of dead animals.
It shall be unlawful for any person to permit the carcass of any dead animal to be, or remain, upon any property under his control for more than 24 hours after the death of the animal.
(Ordinance 100331, art. I, sec. 5, adopted 5/4/10)
(a) 
No person shall fail to provide his animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.
(b) 
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, in any manner, to endanger the public health or safety, or create a public nuisance.
(c) 
All persons keeping such animals shall comply with the following sanitary regulations:
(1) 
Manure and droppings shall be removed from pens, yards, cages and other enclosures at a minimum of two (2) times per week 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 surrounding 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.
(d) 
It shall be unlawful for a person to use a chain, rope, tether, leash, cable, or other device to attach a dog to a stationary object.
(e) 
It shall be unlawful for any person to keep a dog within a fenced enclosure in which the fence is in a state of disrepair.
(Ordinance 100331, art. I, sec. 6, adopted 5/4/10)
The following are established for pet and animal care and not intended to contravene with the provisions for animal cruelty as contained in Texas Penal Code 42.09 and 42.092.
(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 humane care and treatment.
(2) 
No person shall knowingly expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any pet or domestic animal.
(3) 
No owner of an animal shall abandon such animal.
(4) 
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 human beings.
(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 animal control authority.
(6) 
No person shall leave any animal in an unattended motor vehicle.
(Ordinance 100331, art. I, sec. 7, adopted 5/4/10)
(a) 
It shall be unlawful for any person to sell, offer for sale, barter, or give away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old, or rabbits under two (2) months old.
(b) 
It shall be unlawful to color, dye, stain or otherwise change the natural color of any chickens, ducklings, other fowl, or rabbits, or to possess for the purpose of sale or to be given away any of the above-mentioned animals which have been so colored.
(Ordinance 100331, art. I, sec. 8(a), (b), adopted 5/4/10)
It shall be unlawful to keep and/or sell any wild animals inside the city, unless the owner (or person controlling the animal) has a valid state-issued registration or a permit to keep said animal.
(Ordinance 100331, art. I, sec. 8(c), adopted 5/4/10)