The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Animals left unattended for an unspecified amount of time
exceeding 24 hours or creating a threat to their own health on private
property or released without adequate provisions or with the intent
to desert on public or private property.
The purchase of an animal from the city, approved animal
rescue organization, or animal shelter.
Includes any living creature, vertebrate, or invertebrate,
domestic or wild, except humans.
Secured in a primary carrier constructed of materials to
prevent the animal from escaping.
The primary carrier shall be large enough for the animal to
sit, stand, or lie in a normal manner, and turn about freely.
The primary enclosure shall have at least 16-percent ventilation
from two composing walls, and 90-percent ventilation from one opening
and closing door for entering and exiting of the animal.
The primary enclosure shall be secured to the mode of conveyance
so to prevent accidental dislodge or carrier ejection from the conveyance.
The person or persons designated by the chief of police to
represent and act for the city to enforce this chapter in the impoundment
of animals, controlling of stray animals and as otherwise required
in this chapter.
A recognized non-profit association devoted to the purposes
of retrieving, rescuing, and permanently placing stray or abandoned
animals in homes. Animal rescue groups shall only qualify for this
designation if they are recognized by the city as such, have received
approval from the animal control officer, the organization is subject
to inspection, and the organization is in compliance with all state
regulations.
A public or private facility that keeps or legally impounds
stray, homeless, abandoned or unwanted animals.
Restrained by a leash, tether, or chain 6 feet or longer
and of sufficient strength to hold the animal and prevent the trespass
of any part of its body onto public or private property, walkways
or easements.
An animal that is specially trained or equipped to help a
person with a disability and that:
Is used by a person with a disability who has satisfactorily
completed a specific course of training in the use of the animal;
and
Has been trained by an organization generally recognized by
agencies involved in the rehabilitation of persons with disabilities
as reputable and competent to provide animals with training of this
type.
An animal not physically confined within the boundaries of
the owner’s property, either by fencing that the animal cannot
penetrate with any part of its body, go over or under, or by leash,
tether or chain 6 feet or longer of sufficient strength to hold the
animal, and prevent the trespass of any part of its body onto public
or private property, walkways, or easements.
Domestic or feral feline of any age, male or female.
The City of Bellville, Texas, including all land and/or buildings
within the city limits and the city’s extraterritorial jurisdiction.
Any pet shop, grooming shop, corporation, association, partnership,
trust or any other similar entity in which animals are used or which
provides services for commercial purposes.
An animal that:
Makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the animal
was being kept and that was reasonably certain to prevent the animal
from leaving the enclosure on its own; or
Commits unprovoked acts in a place other than an enclosure in
which the animal was being kept and that was reasonably certain to
prevent the animal from leaving the enclosure on its own and those
acts cause a person to reasonably believe that the animal will attack
and cause bodily injury to that person; or
An animal that has been involved in two (2) or more separate
bites, attacks, or possible rabies exposure cases.
Domestic or feral canine of any age, male or female.
A domestic member of the Mustela Putorius Furo family of
any age, male or female.
Chickens, turkeys, pheasant, quail, geese, ducks, or similar
feathered animals regardless of age, sex or breed.
To place an animal in a city animal shelter or city-approved
shelter or the taking custody of the animal for transportation to
the city animal shelter or city-approved shelter.
One or more dogs or cats less than three months of age, birthed
by the same mother, cat or dog.
Domestic horse, cow, sheep, goat or swine, regardless of
age, sex or breed.
Any animal or animals which:
Impedes, hinders or harasses passersby or passing vehicles.
Attacks other animals
Damages, soils, defiles, or defecates on private property, other
than that of its owner, parkways, or on public property unless such
waste is immediately removed and properly disposed of by the owner.
Trespasses on school grounds.
Is repeatedly at large (two times or more).
Barks, whines, howls, crows, bawls in an excessive, continuous
(15 minutes) or untimely fashion in such a way to prevent the reasonable
use and enjoyment of a property within 300 feet of the owner’s
property perimeter.
Has bitten one or more persons.
Any person who has legal or equitable title to any animal,
registered or unregistered, or who harbors or keeps any animal in
his/her possession for a period greater than three days without contacting
the city/animal control officer/police officer. Allows any animal
to remain on or about his/her premises without notifying city/animal
control officer/police officer.
The portion of a public street other than the roadway or
sidewalk.
Certificate issued by the city.
The person or persons designated by the chief of police to
represent and act for the city to enforce this chapter in the impoundment
of animals, controlling of stray animals and as otherwise required
in this article.
Actual care, custody, control or management of a certain
animal for any amount of time.
A parcel of land (one or more continuous lots) and the structures
situated on that parcel, owned, leased or controlled by one or more
persons.
To detain or isolate on account of suspected contagion by
either a licensed veterinarian or the animal control officer and/or
comply with the requirements of the Rabies Control Act of 1981, Heath
and Safety Code, chapter 826, as amended.
Any domestic lagomorphs of Leporidae regardless of age, sex,
or breed.
A proper inoculation by a licensed veterinarian with a rabies
vaccine. The owner of a dog, cat, or ferret shall have the animal
vaccinated by four (4) months of age and one year after the initial
vaccine. The animal must be vaccinated every year or every three (3)
years thereafter, dependant on the vaccine administered and the recommendation
of a veterinarian for medical purposes. Dogs shall also be required
to be vaccinated for the Parvovirus. Cats shall also be required to
be vaccinated for feline distemper. All vaccination are to be performed
by a licensed veterinarian annually.
To provide each animal with adequate protection and/or structure
from the cold and heat, direct rays of the sun, direct effects of
wind, rain or snow and be a structure comprised of three (3) solid
walls, a roof, and a floor, requiring clean, dry bedding material
when temperature is 35° F or lower. The structure shall provide
sufficient room to allow each animal to sit, stand, lie in a normal
manner and turn about freely. The structure must be maintained in
a manner as not to create a public nuisance, i.e., odors, vermin,
or similar unsanitary conditions.
Not physically restrained to or contained on the property
of the land owner or while off the property of the owner not physically
controlled by means of a leash six (6) feet or less in length.
A period of four months or less.
A dead animal not properly disposed of within twenty-four
(24) hours post-death.
An injection of any vaccine approved by the state and administered
or supervised by a licensed veterinarian.
(Ordinance adopted 6/15/21; Ordinance adopting Code)
(a)
Enforcement.
The animal control officer/police officer
or agent of the city designated to perform animal control duties shall
have the right of ingress and egress on unsecured private property
for the purpose of apprehending an animal observed in violation of
any provision/section of this chapter, or in pursuit of said animal.
The animal control officer/police officer shall have the authority
to issue citations or obtain warrants for any violation of this chapter.
(b)
Filing complaints of violations and penalties therefor, inspection
of premises and penalties thereof.
Any person believing
any provision of this chapter to have been violated may file a written
or verbal complaint with the animal control officer/police officer.
Upon receipt of a complaint the animal control officer/police officer
may inspect any premises where animals are suspected of being kept
or maintained, at any reasonable hour of the day, in the presence
of the owner. If the owner is not present, the animal control/police
officer will issue a notice requesting inspection of the premises
within 24 hours. Any person refusing the allowance of this inspection
is interfering with an animal control officer/police officer investigation,
and shall be charged as such.
(Ordinance 1460 adopted 2/19/13; Ordinance adopting Code)
All fees assessed shall be established by resolution of the
city council.
(Ordinance 1460 adopted 2/19/13; Ordinance adopting Code)
(a)
Animals creating disturbances.
No person shall willingly
or knowingly keep or harbor on his premises or elsewhere any animal
of any kind that makes or creates an unreasonable disturbance of the
residents or the occupants within three hundred (300) feet of the
owner’s property perimeter, or permit such animal to make or
create disturbing noises by, barking, whining, howling, crowing, bawling
or otherwise. A person shall be deemed to have willfully and knowingly
violated terms of this subsection if such person shall have failed
or refused to correct such disturbance and prevent its recurrence.
(b)
Animals emitting odors.
It shall be unlawful for any
person to maintain any animal in such a manner that residents within
three hundred (300) feet of the owner’s property perimeter are
subject to noxious odors, flies, fly larvae, vermin, or other potentially
hazardous nuisances. All persons keeping animals shall keep their
premises clean and free from noxious odors as well as flies, mosquitoes,
and other insects.
(c)
Animals trespassing, attacking, or damaging property.
It shall be unlawful for any person to maintain any animal in any
area, which constitutes a nuisance by reason of trespasses on public
or private property, attacks on other animals, or injury to a person,
or damage to public or private property.
(d)
Unhealthful premises; abatement.
It shall be unlawful
to keep animals on premises that are unsanitary or that are otherwise
in violation of any health ordinance of the city or laws of the state.
The animal control division manager may, by written notice to the
owner or occupier of premises found to be in violation of this provision,
require abatement of conditions constituting the violation, and a
separate offense shall be deemed committed upon each day during or
on which a violation occurs.
(e)
Animals defecating in public places.
It shall be unlawful
for the owner or person in control of any animal to permit, cause
to permit, suffer or allow such animal to defecate upon the sidewalk,
parkway, or upon the floor of any common hall in any entranceway,
stairway or wall immediately abutting on a public office building
or any area open to or used in common by the public.
(f)
Responsibility of owner.
The owner of every animal shall
be responsible for the immediate removal of any excrement deposited
by his/her animal on public walks, recreation areas, or private property.
Further every animal owner must have on his/her person the tools for
the removal of excreta if his/her animal is observed defecating while
being walked or exercised.
(Ordinance 1460 adopted 2/19/13; Ordinance adopting Code)
(b)
Confinement of animals.
All animals inside the incorporated
limits of the city shall be provided with shelter, water, food, veterinarian
care, and sanitary conditions which meet minimum standards as provided
by ordinance. It shall be unlawful for any person to confine or allow
to be confined any animal under such conditions or for such a period
of time as may endanger the health or well-being of the animal due
to heat, lack of food or water or any other circumstances which may
cause suffering, disability or death of the animal. This includes
parked vehicles.
(c)
Poisoning of animals prohibited.
No person shall place
any poisonous substance or substance which has in any manner been
treated with any poisonous substance in a place accessible to animals
with intent to kill or harm such animals.
(d)
Animals in public places.
(1)
Any animal in a public place must either be on a leash of six (6)
feet or less in length or inside a primary carrier and must be attended
at all times.
(2)
Animals participating in an organized event or completion (i.e.,
field trials, shows, tracking) may be exempted by permit issued by
the city.
(3)
It shall be a defense to prosecution under this subsection that a
dog(s) is contained within an area within a city park which is designated
as a “dog park.”
(e)
Animals in vehicles.
Animals in vehicles shall be confined
or tethered in a manner that prevents endangerment of the animal,
persons, or property.
(f)
Intentional exhibition of animals.
No person shall intentionally
exhibit any animal for mating purposes.
(g)
Disposal of dead animals.
It shall be the responsibility
of the owner to dispose of all dead animals after expiration in accordance
with local health, safety and environmental codes. Any dead animal
not properly disposed of within twenty-four (24) hours post-death
shall be deemed an uninterred carcass. Animal control officer/police
officer shall have the authority to pick up any dead animal found
on public property and dispose of it. A citizen may be assisted with
same for an owned animal if requested for a pickup fee. After 24 hours,
the city may enter private property and remove any uninterred carcass
which the property owner has failed to dispose of and the owner shall
pay a pickup fee or be cited for uninterred carcass.
(h)
Reports to police.
It shall be the responsibility of
a person operating a motor vehicle to notify the police department
or animal control if any animal is injured or killed by such vehicle.
(i)
Animals prohibited in establishments selling food.
It
shall be unlawful for any person to allow any animal, other than a
dog that is an assistance animal, to enter or remain inside any establishment
in the city where food is served or sold.
(Ordinance 1460 adopted 2/19/13; Ordinance adopting Code)
(a)
Defined.
(1)
Class reptilia.
Family helodermatidae (venomous lizards);
family viperidae (rattlesnakes, copperhead snakes, cottonmouth snakes,
other pit vipers and true vipers); family colubridae-dispholidus typus
(boomslang), hydroynastes gigas (water cobra), boiga (mangrove snake),
and thelotornis (African twig snake) only; order phidia, family boidae
(racers, boas, water snakes, and pythons); and order crocodilia (crocodiles,
alligators, caimans, and gavials);
(2)
Class aves.
Order falconiforms (such as hawks, eagles,
vultures); subdivision ratiae (such as ostriches, rheas, cassowaries,
and emus); and order strigiforms (such as owls);
(3)
Class mammalias.
Order carnivora, family felidae (such
as ocelots, margays, tiger, jaguars, leopards, and cougars), except
commonly accepted domesticated cats; family canidae (such as wolves,
dingos, coyotes, jackals, and hybrids), except domesticated dogs;
family mustelidae (such as weasels, skunks, black-footed ferrets,
martins, mink, and badgers) except domesticated ferrets; family procyonidae
(raccoon); family ursidae (such as bears); order marsupialia (such
as kangaroos and common opossums); order edentata (such as sloths,
anteaters, and armadillos); order proboscidea (elephants); order primata
(such as monkeys, chimpanzees, and gorillas); order rodentia (such
as porcupines and beavers); and order ungulata (such as antelope,
deer, and camels).
(b)
Animals not listed.
The animal control officer may declare
any species of animal not listed in this subsection as “prohibited”
if the confinement of the animal within the city can be shown to constitute
a threat to public health and safety.
(c)
Sale of prohibited animals.
The selling of prohibited
animals shall be unlawful.
(d)
Exemption.
Any animal exhibition approved by the city
shall be exempt from this chapter.
(Ordinance 1460 adopted 2/19/13; Ordinance adopting Code)
(a)
It
shall be unlawful for any person to sell or display for sale any animal
on any parkway, parking lot, sidewalk, roadside, city park or easement.
(b)
Any
person who is acting as an officer, employee, or volunteer for an
approved animal rescue organization or municipal animal shelter is
exempt from this section, and is subject to inspections at the discretion
of the animal control officer/police officer.
(c)
Events
held at the Austin County Fair grounds are exempt from this provision.
(Ordinance 1460 adopted 2/19/13; Ordinance adopting Code)
