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, mammals, reptiles, fowl and livestock, but specifically excluding human beings.
Animal control division.
The division of the city responsible for the enforcement of state laws and local ordinances pertaining to animals which serves as a contact point for the public with regard to animal problems and issues.
Animal control officer.
Any person designated by the chief of police to enforce the provisions of this chapter.
Animal control supervisor.
The person designated to supervise all aspects of animal control or his or her authorized representative or designee.
Animal shelter.
A facility operated by the city for the purpose of impounding and caring for animals held under the authority of this chapter.
Colony.
A hive and its equipment and appurtenances including bees, comb, honey, pollen and brood.
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 to 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.
Domestic or domesticated animal.
Includes livestock, caged or penned fowl other than animals belonging to the class Aves, order Falconiforms and subdivision Raptae, normal household pets such as but not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish, or small nonpoisonous reptiles or nonpoisonous snakes.
Exotic animals.
Non-native species of animal, including, but not limited to, nonpoisonous reptiles which when mature are over six feet in length, ostriches, any member of the Ratite family or exotic livestock as defined by the state animal health commission.
Foster providers.
A person who volunteers to provide and does provide temporary care for an animal for a period of time until a permanent home can be found for the animal.
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.
Hive.
A structure intended for the housing of a bee colony.
Humane trap.
A box cage for catching animals in a humane manner.
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.
Invisible fence.
An electronic device or other similar device, whether with a cord or wireless, utilized to restrain an animal upon property.
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, partnership, corporation, association or legal entity that harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any animal. The occupant, owner or head of household of any premises where an animal remains for seventy-two (72) hours or more shall be reputably presumed to be the owner of the animal, unless the animal has been reported to animal control as a stray animal. An occupant of any premises on which a domestic animal remains or customarily returns to is an owner for purposes of this chapter. If a person under the age of seventeen (17) years owns an animal the parent, legal guardian, or the head of household shall be the owner for purposes of this chapter. There may be more than one (1) person responsible for an animal. This term shall include persons who are in temporary possession of the animal, including but not limited to petsitters and trainers.
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 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 feet to a public walkway or sidewalk when the restraint lead is stretched to full length.
Running at-large, run at-large, or at-large.
(1) 
At-large off premises.
Any dog which is not restrained by means of a leash or chain of not more than fifteen (15) feet in length and such leash or chain is of sufficient strength to control the actions of such animal while off premises.
(2) 
At-large on premises.
Any dog not confined by premises of owner by a substantial visible fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length.
(3) 
A dog intruding upon the property of another person other than the owner shall be termed “at-large.” Any animal within an automobile or other vehicle of its owner or owner’s agent shall not be deemed “at-large.”
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 feet in height and have the minimum dimensions of five feet by ten 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 supervisor 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 be listed as a “high risk” animal in the Texas Rabies Control Act.
(2006 Code, sec. 14-1; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.01, adopted 8/16/16; Ordinance 16-11-1024, sec. 2.01, adopted 11/1/16)
(a) 
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) 
In addition to the penalty provided above, violations of any provision or section of this chapter shall incur civil penalties up to $1,000.00 per day for each violation, as provided by V.T.C.A., Local Government Code sec. 54.017, as amended, as the same may be amended from time to time. Each day a violation continues shall be deemed a separate offense.
(c) 
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) 
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 V.T.C.A., Local Government Code ch. 54.
(2006 Code, sec. 14-99; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
(a) 
The animal control supervisor or designee is designated as the local rabies control authority for the purposes of V.T.C.A., Health and Safety Code chapter 826, as amended. The local rabies control authority shall enforce:
(1) 
The Rabies Control Act of 1981, V.T.C.A., Health and Safety Code chapter 826, 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 V.T.C.A., Health and Safety Code sec. 826.045, as amended.
(b) 
A person commits an offense if the person fails to comply with any lawful order of an animal control officer issued by the officer during the enforcement of this chapter, state, local or federal laws.
(c) 
A person commits an offense if the person prevents, interferes with, obstructs, or gives false information to any animal control officer who is lawfully discharging duties under this chapter, state, local or federal laws.
(d) 
For purposes of discharging duties imposes by the provisions of this chapter, or other applicable laws, and to enforce the same, an 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 unfenced 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) 
All animal control officers of the city shall have the authority to issue citations for any violation of this chapter and shall have all other authority or duty stated within the terms of this chapter.
(f) 
Any animal control officer or police officer shall have the authority to humanely euthanize and/or destroy any animal in accordance with the provisions of this chapter.
(g) 
A person commits an offense if the person makes a claim of ownership for an animal that they know is false.
(h) 
A person commits an offense if the person makes a report of a violation of city ordinance or state, local or federal law that they know is false.
(2006 Code, sec. 14-2; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.02, adopted 8/16/16)
(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.
Any animal which is more than six months of age.
Litter.
One or more newborn animal(s) under six months of age.
(b) 
It shall be unlawful for any person to keep within the city, in any residential district, more than four (4) adult domesticated animals of the same species on a residential lot, except as expressly provided in this section. The residence shall be permitted to keep one (1) litter only at any given time.
(c) 
Foster providers who comply with the requirements of this section shall be allowed to keep one (1) additional domesticated animal while participating in a fostering program provided that the foster providers comply with all requirements of this section.
(d) 
A foster provider shall comply with the following criteria in order to continue to keep one (1) additional animal as authorized by this section:
(1) 
Upon taking possession of the animal, provide written documentation to the city of the date the possession commenced and temporarily register the animal with animal control. Temporary registration shall commence upon the documented date of possession. Fees shall be waived;
(2) 
A maximum of six (6) months from the date of the temporary registration shall be allowed for animals to remain in foster care with the foster provider;
(3) 
Once the animal is no longer at the home, the foster provider shall contact animal control and remove the animal registration.
(2006 Code, sec. 14-3; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.03, adopted 8/16/16; Ordinance 16-11-1024, sec. 2.02, adopted 11/1/16)
(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 or police 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.
(2006 Code, sec. 14-4; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
(a) 
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.
(1) 
A person who is disturbed by an animal that unreasonably barks, howls, crows or makes other unreasonable noise near a private residence may file a complaint with the animal control division. A complaint must include the name and address of the complainant, the exact address of the disturbance, the type of animal causing the disturbance and the times that the animal is causing the disturbance.
(2) 
An animal control officer shall hand-deliver or mail the owner of the animal a notice that a disturbance complaint has been received.
(3) 
If an owner continues to allow his animal to cause a disturbance after the receipt of the notice of complaint, the complainant may file a complaint in writing with the municipal court.
(b) 
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 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, if the owner or handler of the offending animal fails to remediate or clean up the waste deposited by the animal.
(c) 
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 to such a degree that it causes an unreasonable disturbance to a person of ordinary sensibilities is prohibited.
(e) 
It shall be unlawful for any person to slaughter, skin or defeather an animal within the city, unless for the purposes of promoting the public health and safety. It shall further 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) 
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. An animal control officer may be contacted for assistance in disposal of the carcass or referral to an appropriate service contractor.
(2006 Code, sec. 14-5; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.04, adopted 8/16/16)
(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 one time per week and handled or disposed of in such manner as to keep the premises free of any nuisance.
(2) 
The feeding of vegetables, meat scraps, or garbage shall be done only in impervious containers or on an impervious platform.
(3) 
Watering troughs or tanks, if utilized, shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, or other insects.
(4) 
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 in violation of state law, or in a manner that could potentially harm the animal or the public.
(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.
(f) 
It shall be unlawful for any person to utilize an invisible fence, wireless containment device or other similar device to restrain an animal as their primary fence.
(2006 Code, sec. 14-6; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.05, adopted 8/16/16)
The following regulations are established for pet and animal care and are not intended to contravene the provisions for animal cruelty as contained in Texas Penal Code 42.09 and 42.092, as amended.
(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 humane society.
(6) 
No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal’s health or safety. Any animal control officer or police officer is authorized to use reasonable force, including the breaking of any side window, to remove the animal from a vehicle whenever it appears the animal’s health or safety is or soon will be endangered, and said neglect or endangered animal shall be impounded.
(2006 Code, sec. 14-7; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.06, adopted 8/16/16)
(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 weeks old, or rabbits under two 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.
(c) 
It shall be unlawful for any person to sell, exchange, trade, barter, lease, rent, give away, or display for a commercial purpose any live animal on any roadside, public right-of-way, parkway, median, park, playground, swimming pool, other recreation area, flea market, or commercial or retail parking lot that is generally accessible by the public, regardless of whether such access is authorized.
(2006 Code, sec. 14-8; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.07, adopted 8/16/16)