The following words, terms and phrases, when used herein, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
means 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; or the
intentional or knowing failure of an owner to redeem an animal that
has been impounded by or at the direction of the city within three
(3) days after impoundment.
means any living creature, including but not limited to,
dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects,
fowl, and livestock, but specifically excluding human beings.
means the city police department.
means the animal control division of the city police department.
means the chief of police or his designee. The animal control
manager will supervise all aspects of animal control.
means any person designated by the city manager to represent
and act for the city to receive reports of animal bites, investigate
bite reports, ensure quarantine of possibly rabid animals and carry
out and enforce the general regulations of the provisions of this
chapter. Animal control officers are assigned to the animal control
division of the city police department.
means a facility operated by the city for the purpose of
impounding and caring for animals held under the authority of this
chapter.
means a place where bee colonies are kept.
means any common domestic honeybee (Apis mellifera).
means a hive and its equipment and appurtenances including
bees, comb, honey, pollen and brood.
means a dog that makes an unprovoked attack on a person 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. Said unprovoked acts include unprovoked attacks on
other animals which result in serious injury or death.
means within the owner’s observation and in such close
proximity as to permit the owner reasonable opportunity to control
the animal should it become necessary to do so in order to protect
the animal, a human or another animal from harm.
means 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.
means the use of a chain, rope, tether, leash, cable or other
device to attach a dog to a stationary object or trolley system.
means a securely fenced-in or enclosed area, building, barn,
pen, or corral, whether covered by a roof or otherwise, which shall
be of such construction and strength to keep animals from running
at large.
means 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.
means 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.
means 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 (5) days or more.
means a structure intended for the housing of a bee colony.
means a box cage for catching animals in a humane manner.
means to cause the death of an animal by a method which rapidly
produces unconsciousness and death without visible evidence of pain
or distress; or utilizes anesthesia produced by an approved agent
that causes painless loss of consciousness, and death following such
loss of consciousness.
means to seize and hold in the custody of the animal control
division.
means horses, mules, donkeys, cattle, goats, sheep, and swine
regardless of age, sex, size or breed, but does not include pot-bellied
pigs, miniature horses, miniature donkeys, miniature cattle or other
miniature livestock or pygmy goats.
means swine, goats, horses, donkeys, cattle or other livestock
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, pygmy goats, and miniature horses, miniature
donkeys and miniature cattle.
means the municipal court for the city.
means 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.
means any individual, firm, association, partnership, or
corporation.
refers to a variety of swine that is no more than eighteen
(18) inches in height at shoulder level when fully grown, and has
short erect ears and a straight tail. No swine shall be considered
a pot-bellied pig if its weight exceeds ninety-five (95) pounds, unless
registered with a licensed breeder.
with respect to a collar or neck restraint, means one that
measures the circumference of a dog’s neck plus at least one
(1) inch. With respect to a harness, “properly fitted”
means one that is of an adequate size, design and construction as
appropriate for the dog’s size and weight.
means an injection of United States Department of Agriculture
approved rabies vaccine administered as required by V.T.C.A., Health
and Safety Code section 826.12 [826.021].
means an animal not completely confined by a building, wall,
fence or other enclosure of sufficient strength or function to restrain
the animal, except when such animal is either on a leash, or held
in the hands of the owner or keeper. An animal within an automobile
or other vehicle of its owner shall not be deemed to be at large.
means a house, or a building or kennel/pen which meets the
requirements set forth below. In the case of a dangerous animal being
kept outdoors, a kennel/pen shall include a roof which is fastened
to all vertical walls, which are submerged in an impervious 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 manager or his/her representative. All secure
enclosures shall be clearly marked as containing a dangerous animal.
means the surgical removal of the reproductive organs of
a dog or cat to render the animal unable to reproduce.
means the provisional assumption of ownership by the city
for the purpose of preventive immunizations, emergent treatment or
euthanasia.
means a doctor of veterinary medicine who holds a valid license
to practice his/her profession in the state.
means any poisonous or dangerous reptile, or any other animal
which can normally be found in the wild state, not normally capable
of being domesticated, including, but not limited to, foxes, leopards,
lions, lynx, monkeys (nonhuman primates), panthers, raccoons, and
skunks, and also includes offspring of domesticated canine and wild
canine cross-breeds such as coyote or wolf hybrids. This shall apply
regardless of duration of captivity.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; Ordinance 2017-005, sec. 2, adopted 1/23/17; 1988
Code, sec. 5-1)
Unless otherwise provided in this chapter, offenses under this
chapter are class C misdemeanors punishable by a fine not to exceed
five hundred dollars ($500.00). Offenses which carry a maximum fine
of two thousand dollars ($2,000.00) relate to conditions affecting
the public health and safety. Such conditions are herein declared
to be public nuisances, and each day in which such conditions are
permitted to exist constitutes a separate offense.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(n))
It shall be an offense for any person to interfere with any
animal control officer in the performance of his/her duties.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(a))
Every person raising, owning or keeping any dog within the city shall confine such dog to the premises of the owner or person controlling him. The dog shall be confined by a fence or wall and shall be kept within an enclosure, or in the absence of an enclosure by a tether meeting the requirements of section 3.01.006 and under circumstances allowable by such section, unless accompanied by a responsible person and restrained by a leash, rope or tether in the hands of such person. It shall be an offense for any owner of an animal, other than a cat, to cause, permit, suffer or allow the animal to run at large. It is a defense to an offense charged under this section that a person was walking a dog with a hand-held leash.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(b))
It shall be an offense for any person to keep a dog within a
fenced enclosure in which the fence is not of such construction and
strength to keep such animals from running at large, regardless of
whether or not the dog is actually at large at the time a complaint
is made.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(d))
(a)
Adequate shelter.
Collar.
Harness.
Inclement weather.
Owner.
Properly fitted.
Restraint.
Definitions.
In this section:
A sturdy structure:
A band of material specifically designed to be placed around
the neck of a dog.
A set of straps constructed of nylon, leather, or similar
material, specifically designed to restrain or control a dog.
Includes rain, hail, sleet, snow, high winds, extreme low
temperatures, or extreme high temperatures.
A person who owns or has custody or control of a dog.
With respect to a collar or harness, a collar or harness
that:
A chain, rope, tether, leash, cable, or other device that
attaches a dog to a stationary object or trolley system.
(b)
Unlawful restraint of dog; offense.
(2)
An owner may not restrain a dog outside and unattended by use of
a restraint that:
(3)
A person commits an offense if the person knowingly violates this
section. The restraint of each dog that is in violation is a separate
offense.
(4)
An offense under this section is a class C misdemeanor punishable
by a fine not to exceed $500.00.
(5)
If conduct constituting an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under
this section, the other law, or both.
(c)
Affirmative defenses.
The following are affirmative defenses to prosecution under subsection (b) above:
(1)
The use of a restraint on a dog was in a public camping or recreational
area in compliance with the requirements of the public camping or
recreational area as defined by a federal, state, or local authority
or jurisdiction;
(2)
The use of a restraint on a dog was while the owner and dog engaged
in, or actively training for, an activity conducted under a valid
license issued by this state provided the activity was associated
with the use or presence of a dog;
(3)
The use of a restraint on a dog was while the owner and dog engaged
in conduct directly related to the business of shepherding or herding
cattle or livestock;
(4)
The use of a restraint on a dog was while the owner and dog engaged
in conduct directly related to the business of cultivating agricultural
products;
(5)
A dog was left unattended in an open-air truck bed only for the time
reasonably necessary for the owner to complete a temporary task that
requires the dog to be left unattended in the truck bed;
(6)
A dog was taken by the owner, or another person with the owner’s
permission, from the owner’s residence or property and restrained
by the owner or the person for not longer than the time necessary
for the owner to engage in an activity that requires the dog to be
temporarily restrained;
(7)
A dog was restrained while the owner and dog were engaged in, or
actively training for, hunting or field trialing; or
(8)
The dog was restrained by a restraint attachment to a trolley system
that allows a dog to move along a running line for a distance equal
to or greater than the lengths specified under that subdivision.
(d)
Handheld leash.
This section does not prohibit a person
from walking a dog with a handheld leash.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(k); Ordinance 2022-002 adopted 1/10/22)
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 or police department.
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.
Said complaint may be made in writing at the police department or
by telephone. The animal control officer or police officer shall hand
deliver the owner or harborer of the animal a notice that a disturbance
complaint has been received. If a notice has been mailed to the owner
of the animal causing the disturbance, a copy of the letter will also
be mailed to the complainant.
(2)
If
an owner or harborer continues to allow his animal to cause a disturbance
after twenty-four (24) hours, the complainant, animal control officer
or police officer may file a complaint in writing with the municipal
court.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(c))
It is an offense for any person to fail to promptly remove any
animal waste deposited on any sidewalk, parkway, public street, or
upon the floor of any common hall in any entranceway, stairway or
upon any private property not his or her own, through urination or
defecation, by an animal of which the person is an owner or over which
the person has care custody or control.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(e))
It is an offense punishable by a fine in accordance with the general penalty provided in section 1.01.009, and it shall be 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.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(f); Ordinance adopting 2021 Code)
It is an offense for any household to own, possess, keep, harbor,
shelter, or maintain more than eight (8) dogs or eight (8) cats or
any combination of eight (8) dogs or cats within the city limits.
It is a defense to prosecution under this section if the defendant
is a veterinary clinic, an animal hospital, a commercial kennel, a
pet shop, a legitimate animal breeder or hobbyist that is registered
with the American Kennel Club or other similarly recognized kennel
club, a research institution or qualified researcher, a performing
animal exhibition, or the city animal control facilities, or to a
litter of more than eight (8) dogs or cats who are under six (6) months
of age.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(g))
It is an offense to keep or permit to be kept on his premises,
or premises under his control, any wild or exotic animal for pet ownership,
sale, or display, or for exhibition purposes, whether gratuitously
or for a fee. It is a defense to prosecution under this section if
the person is operating a zoological park, performing animal exhibition
or circus as may otherwise be allowed by law.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(h))
Dangerous wild animals, as defined in V.T.C.A., Health and Safety
Code, section 822.101, shall be regulated in accordance with the provisions
of V.T.C.A, Health and Safety Code, chapter 822, subchapter E, section
822.101 et seq.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(i); Ordinance adopting 2021 Code)
It shall be an offense punishable by a fine in accordance with the general penalty provided in section 1.01.009 for any person to permit the carcass of any dead animal to be, or remain, upon any property under his control for more than twenty-four (24) hours after the death of the animal, and each day such condition is permitted to exist constitutes a separate offense.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(j); Ordinance adopting 2021 Code)
A person commits an offense if he fails to pay any and all fees
in accordance with this chapter or if he removes or attempts to remove
an animal from the city animal shelter without paying all impoundment,
daily housing and other redemption fees assessed.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(l))
Any person who, as the operator of a motor vehicle or bicycle,
strikes a domestic animal shall stop at once and report the incident
to the animal control division or police department. Failure to do
so shall constitute an offense.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-2(m))
(a)
Nonpoisonous reptiles.
Nonpoisonous snakes that do not
exceed six (6) feet in length at maturity may be kept in the city.
Adult lizards which do not exceed three (3) feet in length at maturity
may be kept in the city.
(b)
Fowl.
(1)
The keeping of fowl such as roosters, ducks, turkeys, geese, peacocks,
guineas, or other such loud fowl within the city limits in any pen,
coop or enclosure that is within seventy-five (75) feet of any residence
(other than the owner’s), business or school shall be prohibited.
(2)
No person shall keep more than six (6) hens in an area zoned residential
within the city, and shall be no closer than seventy-five (75) feet
to the nearest inhabited dwelling, other than that of the owner.
(3)
Any fowl kept within the city limits shall be in a secure pen, coop
or enclosure, and such structure shall be of such construction and
strength to keep such animals from running at large.
(4)
Public park lands and lakes shall be exempt from the fowl ordinance,
as shall property or acreage annexed into the city for a period of
twelve (12) months.
(c)
Pigeons.
Pigeons shall be kept in an enclosure or coop
that is located no closer than thirty (30) feet from any residential
dwelling, other than that of the owner, and no closer than fifty (50)
feet from any swimming pool on an adjoining or adjacent lot. When
an owner allows his/her pigeons to exercise outside of their enclosure
or coop, he shall ensure that his pigeons do not roost on or about
a neighbor’s dwelling nor interfere with a neighbor’s
enjoyment of his property.
(d)
Rabbits and guinea pigs.
It shall be unlawful for any
person raising or keeping any guinea pigs or rabbits on any property
within the corporate limits of the city to keep or harbor any such
guinea pigs or rabbits in any pen, coop, lot or other enclosure, any
part of which is located within fifty (50) feet of any inhabited dwelling;
provided that this distance requirement shall not be applied to the
dwelling or residence of the keeper or owner of such rabbits or guinea
pigs. Rabbit enclosures shall be of a design which prohibits waste
material dropping to the ground and of such construction and strength
to keep such animal from running at large.
(e)
Bees.
(1)
All bee colonies shall be kept in “Lang troth” type hives
with removable frames, which shall be kept in sound and usable condition.
(2)
Each beekeeper shall ensure that a convenient source of water is
available at all times to the bees so that the bees will not congregate
at swimming pools, bibcocks, pet watering bowls, birdbaths, or other
water sources where they may cause human, bird, or domestic pet contact.
(3)
In any instance in which a colony exhibits unusually aggressive characteristics
by stinging or attempting to sting without due provocation or exhibits
an unusual disposition towards swarming, it shall be the duty of the
beekeeper to promptly “re-queen” the colony. Queens shall
be selected from stock bred for gentleness and non-swarming characteristics.
(4)
The name, address, and telephone numbers of the owner or beekeeper
shall be painted or otherwise clearly marked upon the structure of
each hive.
(5)
The animal control manager, upon determination that any colony situated
within the city is not being kept in compliance with this section,
may order the bees removed from the city or destroyed.
(6)
It shall be unlawful to keep more than the following number of colonies
on any lot, in an area zoned residential within the city, based upon
the size of the lot which the apiary is situated:
(A)
One-half (1/2) acre or less lot size: Two (2) colonies;
(B)
Larger than one-half (1/2) but less than one (1) acre of lot size:
Four (4) colonies;
(C)
Regardless of lot size, where all hives are situated at least one
hundred (100) feet in any direction from all property lines of the
lot on which the apiary is situated, there shall be no limit to the
number of colonies.
(7)
It shall be an offense for any owner, person, or beekeeper to keep
any colonies in such a manner or of such disposition as to cause any
unhealthy condition, interfere with the normal use and enjoyment of
human or animal life of others, or interfere with the normal use and
enjoyment of any public property or property of others or in violation
of any of the other provisions of this section.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-5)
All pertinent provisions of V.T.C.A., Health and Safety Code
chapter 822, as may be amended from time to time, relating to the
regulation of dangerous dogs and dogs causing serious bodily injury
or death to persons, are adopted herein, and in the event of a conflict
between such statute and this code, this code shall control.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-6)
