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:
Includes all living non-human creatures, domestic or wild,
including livestock.
The individual appointed by the chief of police to act in
that capacity, or any officer of the city police department.
Not under restraint.
An unprovoked attack in an aggressive manner on a human in
which the victim suffered a scratch, abrasion, bruise, or other physical
injury; or on a domestic animal that causes death or injury that requires
veterinary treatment.
The chief of police for the city.
The city manager for the city or his authorized designee.
Securely confined indoors, or within an automobile or other
vehicle solely for transportation and transported in a humane manner,
or confined in a securely enclosed and locked pen or structure or
fence, electronic or otherwise, upon the premises of the owner of
such animal. However, under no circumstances is an electronic or similar
fence sufficient to confine an animal in heat or a vicious dog.
An animal that:
Makes an unprovoked attack on a person or another dog that causes
bodily injury and occurs in a place other than an enclosure in which
the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own; or
Commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
A domesticated animal that is a member of the canine family.
Any wild or domesticated bird.
A dog trained to attack on command or to protect persons
or property by attacking or threatening to attack, and who will cease
to attack upon command.
The taking into custody of an animal by any police officer,
animal control officer, or any authorized representative thereof.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee,
or selling dogs, puppies, cats, kittens or any other animal typically
kept on such premises.
All farm animals, including but not limited to cattle, horses,
pigs, fowl, sheep, goats and mules.
A device constructed of strong, soft material or metal, designed
to fasten over the mouth of an animal to prevent the animal from biting
any person or animal. Such device shall not interfere with the animal’s
ability to breathe.
An animal that barks, bays, cries, howls, or makes any noise
for an extended period of time to the disturbance of any person at
any time of day or night, regardless of whether the dog is physically
situated in or upon private property. Such extended period of time
shall consist of incessant barking for 30 minutes or more in any 24-hour
period, or intermittent barking for 60 minutes or more during any
24-hour period. A dog shall not be deemed a “barking dog”
for purposes of this article if, at the time the dog is barking, a
person is trespassing or threatening to trespass upon private property
in or upon which the dog is situated, or when the dog is being teased
or provoked. A break in barking shorter than two minutes shall be
considered to be incessant barking notwithstanding the “break”
of less than two minutes.
Any person having a right of property in an animal, or who
keeps or harbors an animal or who has it in his or her care, or acts
as its custodian, or who permits an animal to remain on or about the
person’s premises. If an animal has more than one owner, all
owners are jointly and severally liable for the acts or omissions
of an owner.
Any type of pig, hog, or swine, including, but not limited
to, potbellied pigs.
The humane confinement of an animal for the observation of
symptoms for rabies, or other disease, in a secure enclosure that
prevents the animal from coming into unplanned contact with any other
animal or human being.
For all animals, the term “restraint” means on the
premises of the owner and either (i) in the owner’s immediate
presence and control or (ii) confined by a secure physical barrier
(e.g., a fence, pen, or electronic fence in good working order), chain
or tether, or leash or lead under the control of a person physically
capable of restraining the animal; or if off the premises of the owner,
secured by leash or lead under the control of a person physically
capable of restraining the animal and obedient to that person’s
commands. In the situation of duplexes, apartment complexes or other
multi-residential areas, an animal is not under restraint if the animal
is confined within a fence or other physical barrier that encloses
the area that is common ground to all tenants, and the animal must
be restrained by other allowable methods.
A dog or puppy may be restrained by a fixed-point chain or tether
for no more than eight (8) hours in a twenty-four-hour period.
A dog may be exclusively restrained by a chain or tether provided
that it is at least fifteen (15) feet in length, with swivels on both
ends, and is properly installed so as not to interfere or become entangled
with objects on the property.
Any tethering system employed shall not allow the dog or puppy
to leave the owner’s property.
No chain or tether shall weigh more than one-eighth of the dog’s
or puppy’s body weight.
Any chain or tether must be attached to a properly fitting collar
or harness worn by the dog or puppy.
A fenced area that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of a dog;
Clearly marked as containing a dangerous dog;
Constructed with vertical boards six (6) feet in length or higher
if deemed appropriate by the animal control officer based upon the
size of the dog to be kept in the fenced area and its anticipated
ability to escape, or
A structure or pen built upon a concrete slab with four (4)
sides and a top located in a fenced area at least five (5) feet from
the fence;
A residential dwelling with all doors and windows closed.
An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent person
to seek treatment from a medical professional and would require hospitalization,
without regard to whether the person actually sought medical treatment.
An unprovoked attack upon a human being in which the victim
suffered a severe bite or was shaken violently, and which causes serious
physical trauma or death.
With respect to an attack or attempt to attack by a dog,
means that the dog was not hit, kicked, or struck by a person with
any object or part of the attacked person’s body nor was any
part of the body pulled, pinched, or squeezed or in any other manner
provoked by the person attacked.
Any live monkey, non-human primate, raccoon, skunk, deer,
wildcat, possum, fox, leopard, panther, tiger, lion, lynx, bear, or
any other warm-blooded animal that can normally be found in the wild
state, and poisonous snakes and reptiles. The term “wild animal”
does not include domestic dogs (excluding hybrids with wolves, coyotes,
or jackals), domestic cats (excluding hybrids with ocelots or margays),
livestock, rodents, nonpoisonous snakes and reptiles, and captive-bred
species of common cage birds.
(1988 Code, sec. 4-1; Ordinance
adopting Code)
Failure to comply with any provision of this chapter shall constitute
a violation. Upon conviction, a person violating any provision of
this chapter shall be fined in an amount not less than one dollar
($1.00) nor more than five hundred dollars ($500.00). Each day a violation
of any provision contained herein exists shall constitute a separate
offense.
(1988 Code, sec. 4-11)
(a)
The
animal control authority is specifically authorized to enter onto
private property, other than a private dwelling, for the purpose of
impoundment of an animal observed to be or to have been running at
large or for the purpose of issuance of a citation to the owner of
the animal or both.
(b)
The
animal control authority shall have authority, in accordance with
the provisions of chapter 821 of the Texas Health and Safety Code,
to obtain a warrant for seizure and impoundment of any animal the
subject of an investigation for cruel treatment as defined by chapter
821 of the Texas Health and Safety Code, pending a hearing and order
by the judge of the municipal court or other court of competent jurisdiction
regarding disposition of the animal. Procedures regarding the disposition
of the animal(s) shall be in accordance with the provisions of this
chapter and chapter 821 of the Texas Health and Safety Code.
(c)
In
the event the owner of a dangerous animal fails to deliver the animal
to the animal control authority as required by this chapter, the animal
control authority shall request from the municipal court the issuance
of a warrant for seizure of the animal.
(Ordinance adopting Code)
It shall be unlawful for any person to interfere with, hinder
or molest the animal control officer or their assistants in execution
or performance of their duty under the provisions of this chapter.
(1988 Code, sec. 4-69)
There shall be erected and maintained, under the supervision
of the chief of police, a suitable building and kennels, to be known
as the animal shelter, for the confinement of all animals found free
of restraint and/or in violation of the provisions of this chapter.
The animal shelter shall be kept in a sanitary condition and all animals
taken up and impounded therein shall be properly fed and watered while
confined in such building and kennels, and shall be treated in a humane
manner while so confined.
(1988 Code, sec. 4-4)
(a)
The
animal control officer shall have authority to impound the following:
(b)
The
animal control officer shall have authority to immediately destroy
humanely any impounded dog, cat or other animal whose retention because
of feral or fractious behavior would be detrimental to the health
and welfare of other animals in the animal shelter or in the community.
(c)
Animals
that are sick or injured wearing no apparent identification through
which ownership can be determined may be kept zero to seventy-two
(72) hours at the discretion of the animal control officer after consultation
with a veterinarian licensed in this state. The animal may be humanely
destroyed within the written time advised by the veterinarian.
(d)
The
animal control officer will contact owners of tagged or licensed animals
found sick or injured for their choice of treatment or euthanasia.
The owner of the animal shall be responsible for any fees associated
with treatment or euthanasia. In cases when identified owners cannot
be contacted, the animal control officer will follow the written advice
of a veterinarian licensed in the state.
(e)
Except as otherwise provided in sections 2.02.005, 2.03.065, 2.04.002, and 2.04.003, all animals impounded under the provisions of this chapter shall be held at least five (5) working days, during which time the owner may reclaim and redeem such animal upon paying to the animal control officer the charges due and upon showing proof that they have an area sufficient to restrain the dog. Dogs and cats shall be released upon evidence of vaccination or provisionally for vaccination, in which case evidence of vaccination will be presented within five (5) working days.
(f)
For
every animal reclaimed and redeemed from confinement in the animal
shelter, the owner of the animal shall pay the impound fee and the
daily boarding fee as set by city council.
(Ordinance 2014-19, sec. 1, adopted 10/14/14)
It shall be unlawful for any person to interfere with the impoundment
of any animal within an animal control vehicle or live trap or within
the animal shelter.
(1988 Code, sec. 4-70)
(a)
The
area within the corporate limits of the city is hereby designated
a bird sanctuary.
(b)
Subject to the provisions of subsection (c), it shall be unlawful for any person to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob or molest bird nests or wild fowl nests.
(c)
Nothing
in this section shall prohibit the chief of police or other city health
authority from taking action to remedy any health hazard or other
nuisance created by certain species of birds committing or about to
commit depredations on ornamental or shade trees, agricultural crops,
livestock, or wildlife, or when concentrated in numbers and in a manner
that constitutes said health hazard or nuisance. The species of birds
made subject to this subsection and the actions that may be taken
to remedy the health hazard or nuisance created thereby shall not
be in conflict with the provisions of the Texas Parks and Wildlife
Code.
(1988 Code, sec. 4-2)
(a)
No
animal, except livestock, shall be kept on a vacant lot or area that
is not adjacent to the owner’s property.
(b)
An
animal may be kept on the premises of the owner’s business as
protection while the business is closed, provided the owner complies
with all applicable sections of this chapter.
(1988 Code, sec. 4-5)
It shall be unlawful for any person to own or possess a wild
animal within the city limits; provided, however, wild animals may
be kept for exhibition purposes by circuses, zoos and educational
institutions in accordance with all laws and regulations.
(1988 Code, sec. 4-6)
If any animal [is] found at large in violation of this chapter
that cannot be safely taken up and impounded and either poses a threat
to a person or the public or is seriously injured, such animal may
be killed by any police officer or animal control officer. Nothing
in this section shall be construed to prevent a police officer or
animal control officer from killing an animal in self-defense.
(1988 Code, sec. 4-7)
It shall be unlawful for any person to own, keep or have in his possession, or harbor, any dog, other animal or bird(s) which, by frequent or habitual howling, yelping, barking or otherwise, cause loud noises, and produce a seriously annoying disturbance to any person or to the neighborhood. Repetitive offenses under this section may be abated under the procedures authorized under section 2.03.001(b) of this chapter.
(Ordinance adopting Code)
(a)
It
shall be unlawful for any owner, or any other person having an animal
under his or her care or control, to take, allow, or let such animal
enter upon any park owned, operated, or maintained by the city unless
said animal is restrained by that person with a leash or lead of a
length not to exceed ten (10) feet.
(b)
Animals
are strictly prohibited from the following locations within city parks:
(1)
All playground areas, whether fenced or unfenced;
(2)
All water parks, swimming pools, and other water attractions, not
including lakes or ponds, whether fenced or unfenced;
(3)
All covered pavilions; and
(4)
All baseball, softball, and T-ball fields and areas immediately surrounding
said fields where spectators congregate.
(c)
This
section is not applicable to any law enforcement animal.
(1988 Code, sec. 4-9; Ordinance
adopting Code)
