The following words and phrases, as used in this chapter, shall
have the meanings respectively ascribed to them in this section unless
the context clearly indicates otherwise:
To dump, desert, or leave any animal on public or private
property with the intent of terminating any further responsibility
for said animal; and shall also mean failing to properly redeem any
animal impounded or quarantined by the city.
Any living creature, domestic or wild, including, but not
limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles,
insects, fowls, and livestock but specifically excluding human beings.
The person designated by the city manager to enforce this
article or an authorized representative.
Not under the control of the owner or a member of his immediate
family either by leash, cord, chain or otherwise, or in a fenced yard
or enclosure; the wearing of a muzzle by a dog shall not be regarded
as control under this definition.
A member of the feline family of animals, including both
male and female but does not include a lion, tiger, bobcat, jaguar,
panther, leopard, cougar, or other wild animal of this family or hybrids.
Any animal that:
Makes an unprovoked attack on a person or animal that causes
bodily injury and occurs in a place other than an enclosure in which
the animal has 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 caused a person to reasonably believe that the animal will attack
and cause bodily injury to that person.
A licensed veterinarian who has been approved by the city
to collect fees for and issue license for animals.
A domesticated animal that is a member of the canine family
but does not include a wolf, jackal, fox, coyote or other wild animal
of this family or hybrids.
An animal of a species of vertebrates that has been domesticated
by humans so as to live and breed in a tame condition and depends
on humankind for survival, such as dogs, cats, and ferrets, but does
not include livestock.
A domesticated animal that is a member or the Family Mustelidae
but not including weasels, skunks, martens, mink or badgers.
Any chicken, turkey, pheasant, quail, guineas, geese, ducks,
peacocks, and other domestic or wild feathered creatures.
Any dog which has been trained and or used for the purpose
of protecting persons or property by a guard dog company or the dog
owner.
The furnishing of lodging, shelter, food or water.
The product of the mating of two different species of animals
regardless of the number or generations born since that original mating.
A person licensed to practice veterinarian medicine.
A horse, or any member of the domesticated horse family,
including but not limited to, mules, donkeys, and ponies; and all
types of varieties of cattle, bulls, and all members or the cow family,
and all types of domesticated swine, sheep and goats.
The person designated by the city council in accordance with
section 826.017 of the Texas Health and Safety Code.
Any member of the swine family which has, through selective
breeding, been genetically manipulated so as to attain a maximum height
or 18 inches at the shoulder and a maximum weight of 60 pounds.
A person who is legally competent to enter into a binding
contract and who is adopting a dog or cat from are leasing agency.
Any person owning, keeping or harboring an animal.
An individual, firm, partnership, association, corporation
or other legal entity.
An animal that poses a potential physical or disease threat
to the public or that is protected by international, federal or state
regulations, including but not limited to the following:
Class Reptilia: Family Helodermatidea (venomous lizards): Family
Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers
and true vipers); Family Elapidae (coral snakes, cobras, mambas, and
other elapids); The following listed species of Family Colubridae-Dispholidus
typus (Boomslang), Hyrodynastes gigas (water cobra), Boiga (mangrove
snake), and Thelotornis (African twig snake) only; Order Phidia, and
Order Crocodilia (crocodiles, alligators, caimans, and gavials);
Class Aves: Order Falconiforms (such as hawks, eagles, and vultures);
Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus);
and Order Strigiforms (such as owls);
Class Mamalia: Order Carnivora, Family Felidae (such as ocelots,
margays, tigers, jaguars, leopards, and cougars), except commonly
accepted domesticated cats: Family Canidae (such as wolves, wolf-dog
hybrids, dingos, coyotes, and jackals), except domesticated dogs;
Family Mustelida (such as weasels, skunks, martens, mink, and badgers,
but does not include ferrets); Family Procyonidae (raccoon) but does
not include ferrets; 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 Order Ungulata (such as antelope, deer, bison,
and camels); and
Animals not listed: The animal services manager or their designee
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.
The term prohibited animal does not include the following:
A public or private animal shelter, or humane organization.
The term does not include an individual who occasionally renders humane
assistance in the individual’s home for a dog or cat.
Not completely confined by a building, wall or fence of sufficient
strength or construction to restrain the animal. Except when such
animal is either on a leash, or held in the hands of the owner or
keeper, or under direct supervision of the owner within the limits
of the owner’s private property. Any animal confined within
an automobile or other vehicle shall not be deemed running at-large.
A fenced area or structure that is:
Locked;
Capable of preventing the entry of the general public, including
children;
Capable of preventing the escape or release of the animal to
be secured;
Clearly marked as containing a dangerous dog or animal; and
Meets the requirements for secure enclosures listed and the
approval of the animal services officer.
Any physical injury that involves a substantial risk of death,
disfigurement, or impairment of any part of the body, including but
not limited to a broken bone or a laceration requiring either multiple
stitches or cosmetic surgery.
The surgical removal of the reproductive organs of a dog
or cat or render the animal unable to reproduce.
Action by an animal that is not:
A person licensed to practice veterinarian medicine by the
state board of veterinarian medical examiners.
Any animal other than domesticated animals or livestock.
(Ordinance 22-3729, sec. 2, adopted 5/19/22)
The city manager shall appoint an animal control officer and
such assistants as may be required. Such officer shall be under the
supervision and control of the city manager or his designee.
(Ordinance 22-3729, sec. 2, adopted 5/19/22)
(a)
It
shall be unlawful for any person to interfere with or hinder the animal
control officer, or the designee thereof, in the performance of his
official duty.
(b)
Enforcement
of this article and any state laws regulating animal control within
the city shall be the responsibility of the animal control officer.
(Ordinance 22-3729, sec. 2, adopted 5/19/22)
Any animal impounded under the provisions of this chapter may be reclaimed by the owner in person taking custody of such animal upon complying with section 2.04.098 of this chapter and payment of the fees set forth in the master fee schedule based upon owner impoundment records within a two-year period. All fees due are assessed for each animal impounded.
(Ordinance 22-3729, sec. 2, adopted 5/19/22; Ordinance
23-3746 adopted 5/23/2023)
It shall be unlawful for any person owning or controlling any
horse, mule, mare, jack, jennet, cow, sheep, goat or other animal
to permit same to run at large, day or night, within the corporate
limits of the city.
(2000 Code, sec. 5-2)
It shall be unlawful for any person raising or keeping any type
of chickens, turkeys, ducks or guineas, or any other type or kind
of fowl as defined in this article (excluding pigeons), to allow or
permit the same to be at-large or run at-large within the city.
(Ordinance 22-3729, sec. 3, adopted 5/19/22)
No person shall dye, color or artificially color any rabbit,
baby chick, duckling, or other animal, or offer for sale any such
dyed, colored, or artificially colored animal.
(2000 Code, sec. 5-5)
No person shall use or expose an open trap or metal jaw trap
likely to injure any domesticated animal or person. Traps used or
provided by animal control services for the humane trapping of small
animals or cats is expressly exempt from this provision.
(Ordinance 22-3729, secs. 4–6,
adopted 5/19/22)
Any person who, as the operator of a motor vehicle, strikes
a domesticated animal or livestock shall immediately report such injury
or death to the animal’s owner. In the event the owner is unavailable
or unknown, then such report shall be made to the animal control officer
or call the after-hours nonemergency line for the police department.
(Ordinance 22-3729, secs. 4–6,
adopted 5/19/22)
(a)
There is hereby created the animal advisory and appeals board appointed by the city council comprised of one (1) licensed veterinarian, one (1) municipal official, one (1) person whose duties include the daily operation of an animal shelter, one (1) resident of the city who shall not be an employee of the city and one (1) member of an animal welfare organization. Except as provided for in subsection (e)(2), the board is advisory only.
(b)
Members
of the board shall hold office for staggered terms of two (2) years
and until their successors are appointed. There shall be no limit
on the number of terms a member may serve, provided the member is
reappointed by the city council. At the first meeting of the animal
advisory and appeals board the members shall select the initial length
of the terms of the members by the drawing of lots with three members
of the committee serving initial terms of two (2) years and two members
having an initial term of one (1) year.
(c)
Members
serve at the will and pleasure of the city council and must reside
within the municipal limits of the city. Should any member of the
board move out of the city limits and cease to be a legal resident
of the city, his/her office shall automatically become vacant and
shall be filled in the manner provided above.
(d)
If
a board member is absent without excuse for three consecutive regularly
scheduled meetings, or if a board member is absent for 25 percent
of the regularly scheduled meetings within a 12-month period, the
position shall be declared vacant and the vacancy shall be filled
for the remainder of the unexpired term by the city council within
30 days after the vacancy occurs.
(e)
Duties
include the following:
(1)
Making recommendations on animal services.
(2)
Hear appeals of denial or revocation of registration of an animal
or the revocation of or refusal to issue a multi-pet permit. All decisions
by the board regarding the aforementioned items are final. The board
may establish rules of procedure regarding all such appeals.
(f)
The
appeals board provided herein shall also act as the animal advisory
committee which shall meet as prescribed by state law in order to
ensure compliance with chapter 823 (animal shelters), of the Texas
Health and Safety Code, as amended.
(Ordinance 22-3729, secs. 4–6,
adopted 5/19/22)
